A G E N D A

BOARD OF SUPERVISORS

DEL NORTE COUNTY

STATE OF CALIFORNIA

981 H STREET, ROOM 100

 

CRESCENT CITY, CA  95531

 

 

REGULAR MEETING

Tuesday, July 13, 2010

    10:00 AM

The Board of Supervisors of the County of Del Norte and the governing body of all other special assessment and taxing districts, for which said Board so acts, is now meeting in regular session.  Only those items that indicate a specific time will be heard at the assigned time.  All other items may be taken out of sequence to accommodate the public and staff availability.  Items followed with a ** indicate material attached in the agenda packet.

A closed session may be held at some time during the meeting to discuss litigation and/or personnel matters.  There is a 90-day statute of limitations relating to decisions rendered after a public hearing of the Board of Supervisors and a 60-day statute of limitations relating to ministerial actions of the Board of Supervisors.  NOTE:  If you challenge the decision of the Board of Supervisors in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in the notice, or in written correspondence delivered to the Board of Supervisors at, or prior to, the public hearing.  (Govt. Code § 65009).  When providing written correspondence to the Board of Supervisors you must provide a copy to the Clerk of the Board for inclusion in the official record.

 

Present:     Leslie McNamer, Martha McClure, Michael Sullivan, Gerry Hemmingsen and David Finigan

                  

Absent:       None

CLOSED SESSION 8:30 A.M.

Public Comment on Closed Session items only.

 

 

Hold a closed session to consider and discuss litigation and personnel matters: I) Personnel negotiations pursuant to Government Code 54957.6 between County negotiator the County Administrative Officer and the Del Norte County Employees' Association, Sheriffs Employees' Association, represented and unrepresented bargaining units.  II) Conference with legal counsel – A) Existing litigation pursuant to Government code 54956.9(a), Wilson v. DNC, Cal. 1st App Dist # A127847, Chisman v. DNC, Del Norte Ct # CVPZ08-1262, Danis v. DNC, U.S. Dist Ct, N Cal., # CV095924CRB, DNC v. U.S. Forest Srv, U.S. Dist Ct, N Cal., # CV10-2047JSW, Strom v. DNC, U.S. Dist Ct, N Cal., # CV08-4708MEJ, Coyle v. DNC, Del Norte Ct # CVPM07-1572, Dickson v. DNC, Del Norte Ct # CVUJ08-1485, Elsebusch v. DNC, Del Norte Ct # CVCV06-2313, JHP LLC v. Japp, Del Norte Ct # CVPT09-1438, Pacific Shores Water v. DNC, Del Norte Ct # CVPT06-1454, Stewart v. DNC, Del Norte Ct # CVUJ09-1001, Whetstine v. DNC, Del Norte Ct # CVUJ-10-1199, Wiggley v. DNC, Del Norte Ct # CVPI06-1401, David L. Elsebusch v. Del Norte, DN Superior Court, Case No. CVCV06-2313; and Coyle v. James Marmon, et al., DN Superior Court Case No. CVPM07-1572; Jones & Jones v. County of Del Norte, et. seq. US District Court, Northern District # cv 08 3222BZ; Wigley v. Del Norte CVPI 06-1401; Chisman v. County US Dist Ct, Northern Cal Dist, # C084793MMC; Haley v. County, US Dist Ct, Northern Cal Dist, # CV084572WHA; Dickson v. County CV-UJ-08-0001485; PSSCWD v. LAFCo, Del Norte Superior Ct., CVPT08-1380; JHP LLC v Japp, Del Norte Superior Ct No. 09-1438; Del Norte v. U.S. Forest Service, U.S. District Court, Northern Dist. of Calif # 1:10-cv-02047-NJV; Garcia v DNC, WCAB case No. ADJ680135; B) Anticipated litigation: 1) significant exposure to litigation pursuant to Govt’ Code 54956.9(b) - two cases; 2) Initiation of litigation Conference with Legal Counsel pursuant to Govt’ Code 54956.9(c) - 1 case.  .  Public Employee Mental Health Specialist II DISCIPLINE/DISMISSAL/RELEASE (1) ( GC 54954.5 AND 54957).

 

                           REGULAR SESSION 10:00 A.M.

10:00 A.M. Call the  meeting to order and take roll.

Action: The Chair called the meeting to order at 10:00 A.M. and the Clerk took silent roll noting that all were present.

·        The Pledge of Allegiance to the Flag led by Supervisor McNamer.

Action: Supervisor McNamer led the Pledge of Allegiance.

·        Introduction of new employees to the Board of Supervisors.

Action: No new employees were introduced.

·        Report of any actions from closed session by County Counsel.

Action: County Counsel stated no reportable actions from Closed Session.

Jay Sarina, County Administrative Officer, reported that the item of the Public Employee Mental Health Specialist II DISCIPLINE/DISMISSAL/RELEASE (1) ( GC 54954.5 AND 54957) has been continued until a transcript can be obtained.

·        The Chair requests any deletions, corrections or additions from Board members to the agenda at this time.  In order to add an item to the agenda, the matter must have come to the attention of the County subsequent to the posting of the agenda and the matter requires action before the next regular meeting of the Board of Supervisors.

Action: No deletions, additions, or corrections were requested.

SCHEDULED ITEMS:

1.     Receive other brief reports or announcements relative to County of Del Norte programs and projects, progress of the two by two committees, goal committees and/or Board and staff travel/training reports.  The Board may ask questions for clarification; make a referral to staff to take action to have a matter or business placed on a future agenda pursuant to Government Code 54954.2(a).   

Action: Supervisor Finigan reported on participating in a 5 County Salmonid conference, participating in an Airport JPA conference call regarding planning, designing, and the  bid process for the terminal, sitting in on a Local Transportation Commission meeting, attending a CASA Board meeting, attending the Board of Supervisors Special meeting, attending a Tri-Agency meeting, attending a meeting with the Yurok Tribe with Supervisor Hemmingsen regarding issues such as the MLPA, a possible MOU, and police activities, attending Vestel Skaggs' service, attending the Deck Party, participating in the 4th of July Parade, participating in a CSAC realignment conference call, participating in a  Airport JPA conference call, attending a meeting with the Community Development Department, and attending a meeting at First 5 Del Norte.

Supervisor McClure reported on traveling to Alabama for the Civil Rights function, attending the Oregon and Crescent City Open Houses for the MLPA, attending 5 Solid Waste Ad-Hoc committee meetings, participated in a statewide teleconference with the Statewide Interest Group for MLPAs, commented that she has been working on a grant through the Coastal Conservancy for the repairs to the Lighthouse, making doughboys for the 4th of July event, getting her classroom ready for school, and meeting with Congressman Thompson on Saturday morning in Arcata regarding the deficit and the condition of the Nation.

Supervisor McNamer reported on attending a Safe & Healthy Families meeting, attending an Air Quality Management meeting, meeting with members from the Hambro group, attending the 4th of July festivities, participating in Agenda Review for the upcoming Solid Waste Management Authority meeting, and meeting with a constituent regarding shelters for abused children.

Supervisor Sullivan reported on traveling to Sacramento numerous times to support SB1130 where he also had meetings with a representative from the Dairy Institute, Assemblymember Ammiano's staff, Assemblymember Bell, Senator Aanestad's staff, Assemblymember Portantino's staff, a representative from the Western Dairyman's Association, and Assemblymember Chesbro's staff. He also reported on traveling to Sacramento to testify at a hearing regarding SB1130, meeting with Ruth Coleman regarding curriculum with College of the Redwoods and the Parks system, mentioned that in October there will be a Parks Commission meeting regarding the Mill Creek Amendment and the reclassification of the area north of Tolowa Dunes that would allow for duck hunting, meeting with Ellery West, President of Organic Essence, sat in on College Master Planning session at the College of the Redwoods, attending the pool fundraiser, attending a Tri-Agency Economic Development meeting, attending a meeting with Bill Renfroe regarding economic development, attending the Deck Party, attending a Local Transportation Commission meeting regarding a  traffic calming study for North and South ends of Del Norte County, and attending the Gasquet Raft Races.

Supervisor Hemmingsen reported on celebrating his wedding anniversary, participating in a teleconference with 5 County Salmonid, meeting with Troy Fletcher from the Yurok Tribe, attending the Deck Party, participating in the 4th of July Parade, attending the festivities at the Hartwicks, meeting with Community Development staff, participating in Agenda Review, attending a Local Transportation Commission meeting, attending a Airport JPA meeting as well as a follow up meeting to adjust time lines.

 

2.     10:25 A.M. COMMENT PERIOD:  Members of the public may address the Board on matters which are within the jurisdiction of the Board.  If you are addressing the Board regarding a matter listed on the agenda, you may be asked to hold your comments until the Board takes up that matter.  Please limit your comments to three minutes or less.   

Action: Public Comment was given by Richard Miles regarding non-profit Boards, Robert Owen regarding tasering, Linda Beck regarding tasering, Bill Lawnsdale regarding the parking of large commercial vehicles in residential areas and support of Supervisors McNamer and McClure for their decision on the Solid Waste Management Authority, Victoria Dickey regarding the dissolution of the JPA for the Solid Waste Management Authority, and Zack Larson with an update from the Northcoast Local Agency Coastal Coordination Committee as well as the Marine Life Protection Act.

3.     10:35 A.M. Conduct a Public Hearing and consider the adoption of the attached urgency Ordinance "Exhibit A" for a text amendment to Title 20 - Del Norte County Code for emergency homeless shelters as requested by the Deputy Director of Building and Planning.**   Document

Action: Chair Hemmingsen recused himself from this item for conflict of interest.

Vice-Chair Sullivan took over for the Public Hearing

Heidi Kunstal presented this item.

Vice-Chair Sullivan opened the Public Hearing.

Public Comment was given by Richard Miles, Erica Moore, Jenna Porter, Phil Hilger, Martha Hintz, Eric Taylor, Michael Schmidt, Daniel Honeywell, Teasha Curren, Ray Benner. Deb Snodgrass,  Bill Lonsdale, Robert Daly, and Ron Cole.

The Board directed staff to immediately organize a meeting with the City regarding the item. Further direction was given to then include representatives from the City Police, Sheriff's Department, Mental Health, Redwood Coast Transit, and possibly community members.

No action was taken.

CONSENT AGENDA

Comments from members of the public may be heard at this time regarding matters on the Consent Agenda only.

Action: Supervisor Hemmingsen recused himself from Item #7 due to conflict of interest.

Supervisor Sullivan recused himself from Items #7, #15, and #24 due to conflict of interest.

Jay Sarina, County Administrative Officer stated that a correction needed to made on Item #13 to read as twelve months instead of eighteen.

On a motion by Supervisor McClure and seconded by Supervisor McNamer, the Board approved the Consent Agenda, Items #4 through #24.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Leslie McNamer

 

Vote Yea:       5              Martha McClure, Leslie McNamer, Michael Sullivan, Gerry Hemmingsen, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

4.     Adopt the attached Resolution designating signature authority to the named individuals for the purpose of executing applications and documents for obtaining financial assistance for the County of Del Norte as requested by the County Administrative Officer.**   Document

Action: Approved (DNCO Resolution 2010-044)

5.     Approve the agreement and authorize the Tax Collector and County Administrative Officer to execute the agreement with Pre-Sort Center of Stockton, Inc. as requested by the Treasurer/Tax Collector.**   Document

Action: Approved (DNCO Agreement 2010-101)

6.     Approve and authorize the Chair of the Board of Supervisors to sign the following agreements: Linda Cairns-Lead Parent Partner; Valerie Wenning- Parent Partner; Heather Langston- Mentor as requested by the Chief Probation Officer.**   Document

Action: Approved (DNCO Agreements 102, 103, 104)

7.     Approve the attached Agreement with Hemmingsen Construction Co. Inc in the amount of $62,951.00 for paving of Ruby Van Deventer parking lot and access roads as requested by the County Administrative Officer.**   Document

Action: Supervisors Hemmingsen and Sullivan recused themselves from this item.

Approved (DNCO Agreement 2010-119)

8.     Approve the attached contract and authorize the Chair to sign said contract for part-time child support attorney services at a rate of $65.00 per hour totaling no more than $70,000.00 for the FY 2010-2011 as requested by the Director of Child Support Services.**   Document

Action: Approved (DNCO Agreement 2010-092)

9.     Approve a Resolution authorizing the County Agricultural Commissioner to sign an agreement with the California Department of Food and Agriculture for Pest Detection activities as requested by the Agricultural Commissioner.**   Document

Action: Approved (DNCO Resolution 2010-044)

10. Approve the attached Agreement between Del Norte County and the City of Crescent City for Animal Control Services as requested by the Director of Animal Control.**   Document

Action: Approved (DNCO Agreement 2010-105)

11. Approve the Del Norte County Tactical Interoperable Communications Plan (TIC) and adopt the TIC as an appendix to the Del Norte County Emergency Preparedness Plan as requested by the Emergency Services Manager.**   Document

12. Adopt the attached Resolution authorizing the Del Norte Solid Waste Management Authority to apply for and administer the Used Oil Payment Program in Del Norte County as requested by the Program Manager.**   Document

Action: Approved (DNCO Resolution 2010-047)

13. Approve the attached agreement with Van Skoyoc Companies and authorize the Chair to sign the agreement. The total amount of the eighteen months covered by this Agreement is $60,000.00. Requested by the County Administrative Officer.**   Document

Action: A correction was made on this item to read twelve months instead of eighteen.

Approved (DNCO Agreement 2010-120)

14. Approve and authorize the Chair to sign the First Amendment to the Agreement, with Remi Vista, Inc. for children's mental health services to Medi-Cal eligible children, youth and their families as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-107)

15. Approve and authorize the Chair to sign the Agreement for Emergency Transportation Services with Del Norte Ambulance, Inc. for the period of July 1, 2010 through June 30, 2011, not to exceed $20,947.20 per year as requested by the Director of Health and Human Services.**   Document

Action: Supervisor Sullivan recused himself from this item.

Approved (DNCO Agreement 2010-108)

16. Approve and authorize the Chair to sign the Agreement with Sandra Morrison, dba Trillium House for alcohol and other drug abuse residential services from July 1, 2010 through June 30, 2011, not to exceed $6,030.00 per year as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-109)

17. Approve and authorize the Chair to sign the Agreement with Sandra Morrison dba Jordan Recovery Center residential substance abuse services from July 1, 2010 through June 30, 2011, not to exceed $6,030.00 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-110)

18. Approve and authorize the Chair to sign the Agreement with Sandra Morrison to provide clean and sober residential from July 1, 2010 through June 30, 2011, not to exceed $10,500.00 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-111)

19. Approve and authorize the Chair to sign the First Amendment to the Agreement with Northcoast Health Screening for non-dependency drug and alcohol testing services as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-113)

20. Approve and authorize the Chair to sign the First Amendment to the Agreement with Community Assistance Network for Safe and Drug-Free Schools and Communities services changing term end to March 31, 2011 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-114)

21. Approve and authorize the Chair to sign the "Release of Lien" of Felicia M. Rivera as requested by the Director of Health and Human Services.**   Document

Action: Approved

22. Approve and authorize the Chair to sign the First Amendment to the Lease Agreement with the Community Assistance Network for office space located at 343/345 G Street.**   Document

Action: Approved (DNCO Agreement 2010-115)

23. Approve and authorize the Chair to sign the Agreement with Kings View Corporation to provide Telepsychiatric Services for the period of July 1, 2010 to June 30, 2011, not to exceed $199,680.00 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-116)

24. Authorize the Director of Child Support Services to enter into an annual Agreement between Del Norte CSS and John Fay dba JPF Investigations for local process service at a rate of $40.00 per service totaling no more than $20,000.00 per fiscal year as requested by the Director of Child Support Services.**   Document

Action: Supervisor Sullivan recused himself from this item.

Approved (DNCO Agreement 2010-112)

REGULAR ITEMS

GENERAL GOVERNMENT:

25. Direct staff to solicit qualified person(s) to temporarily fill the Auditor/Controller position and to schedule interview(s) prior to the next scheduled meeting as requested by the County Administrative Officer.**   Document

Action: Jay Sarina, County Administrative Officer presented some options for the item.

The Board directed staff to continue to solicit options for filling the vacant position of Auditor/Controller.

26. Approve and authorize the temporary closure of 1st Street in Smith River, from Fred Haight Drive to Beckstead Avenue, from 6:00 a.m. to 6:00 p.m. on August 21, 2010 and; Grant permission to temporarily park the Del Norte County Fairgrounds Stage along the eastside of First Street from August 20th to August 22nd as requested by the Assistant Engineer.**   Document

Action: Susie Minx spoke on this item.

On a motion by Supervisor Finigan and seconded by Supervisor McNamer, the Board approved and authorized the temporary closure of 1st Street in Smith River, from Fred Haight Drive to Beckstead Avenue, from 6:00 a.m. to 6:00 p.m. on August 21, 2010 and; Granted permission to temporarily park the Del Norte County Fairgrounds Stage along the eastside of First Street from August 20th to August 22nd. The vote was carried unanimously.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Leslie McNamer

 

Vote Yea:       5              Martha McClure, Leslie McNamer, Michael Sullivan, Gerry Hemmingsen, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

27. Deny the request to vacate a portion of Shirley Street right of way between Pike Street and Spring Street as requested by the Deputy Director of Engineering and Roads.**   Document

Action: Tina McClendon, Deputy Director of Engineering and Roads, presented this item.

Public Comment was given by David Markel.

On a motion by Supervisor Finigan and seconded by Supervisor Sullivan, the Board denied the request to vacate a portion of Shirley Street right of way between Pike Street and Spring Street, with further direction to staff to research options regarding a possible lease or a temporary road closure.

 

 

Motion:    Move to approve

Move:       David Finigan

Second:    Michael Sullivan

 

Vote Yea:       5              David Finigan, Michael Sullivan, Leslie McNamer, Martha McClure, Gerry Hemmingsen

Vote Nay:       0              None

Vote Abstain: 0              None

28. Accept the attached application from the Gateway Education Summer Day Camp for Title III funding in the amount of Five Thousand Dollars ($5,000.00) and direct the Clerk of the Board to publish a description of the proposed project in the local newspaper and to forward the proposed project to the Resource Advisory Committee for their review and comment as requested by the Deputy Director of Engineering and Roads.**   Document

Action: Tina McClendon, Deputy Director of Engineering and Roads, presented this item.

Supervisor Sullivan asked that information be provided regarding curriculum, the process for hiring and qualifications for counselors, the process of how students are selected, and how often students can continue to attend. He also asked that a representative from the logging community be added to the staff to teach forest management.

Supervisor Finigan asked that all the Board's questions be answered in writing before a decision is made.

Supervisor Sullivan tabled the item. No action was taken.

LAND USE:

29. Approve the Final Subdivision Map for Valley Garden Estates-East as presented, and authorize the Clerk of the Board to sign it as requested by the Deputy Director, Engineering & Roads.**   Document

Action: On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board approved the Final Subdivision Map for Valley Garden Estates-East as presented, and authorized the Clerk of the Board to sign it

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Leslie McNamer

 

Vote Yea:       5              Michael Sullivan, Leslie McNamer, Martha McClure, Gerry Hemmingsen, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

BUDGET TRANSFERS:

30. Approve a Budget Transfer (06-07) in the amount of $7,302.00 within the Grants Administration Budget as requested by the County Administrative Officer.**   Document

Action: On a motion by Supervisor Sullivan and seconded by Supervisor Finigan, the Board approved Budget Transfer (06-07).

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    David Finigan

 

Vote Yea:       5              Michael Sullivan, David Finigan, Leslie McNamer, Martha McClure, Gerry Hemmingsen

Vote Nay:       0              None

Vote Abstain: 0              None

LEGISLATIVE AND BUDGET ISSUES:

31. Consider miscellaneous legislative and budget matters pertinent to the County of Del Norte.  Authorize the Chair to sign and send appropriate letters with respect to matters pending before the state or federal governments.   

Action: Supervisor Sullivan asked that a letter in opposition to SB 1121 be sent to the Governor's office.

The Board directed staff to send this letter.

Supervisor McClure abstained from this direction.

32. Approve the attached letter requesting legislators review and revise the method of allocating relief funding for affected salmon permit holders in the California area of the Klamath Management Zone, and direct staff to forward to Senator Feinstein as requested by the County Administrative Officer.**   Document

Action: Public Comment was given by Phil Hilger.

On a motion by Supervisor Finigan and seconded by Supervisor McClure, the Board approved the attached letter requesting legislators review and revise the method of allocating relief funding for affected salmon permit holders in the California area of the Klamath Management Zone, and directed staff to forward to Senator Feinstein

 

Motion:    Move to approve

Move:       David Finigan

Second:    Martha McClure

 

Vote Yea:       5              David Finigan, Martha McClure, Leslie McNamer, Michael Sullivan, Gerry Hemmingsen

Vote Nay:       0              None

Vote Abstain: 0              None

33. Approve and authorize the Chairman to sign the Amendment to Agreement No. 2010-059 between the County of Del Norte and the Del Norte County Employee's Association, SEIU- Local 1021 authorizing a two and one-half percent reduction in work hours effective with the pay period beginning July 9, 2010 as requested by the County Administrative Officer.**   Document

Action: Public Comment was given by Debbie Mayhue, Director of Child Support Services.

On a motion by Supervisor McNamer and seconded by Supervisor Finigan, the Board approved and authorized the Chairman to sign the Amendment to Agreement No. 2010-059 between the County of Del Norte and the Del Norte County Employee's Association, SEIU- Local 1021 authorizing a two and one-half percent reduction in work hours effective with the pay period beginning July 9, 2010.

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    David Finigan

 

Vote Yea:       5              Leslie McNamer, David Finigan, Martha McClure, Michael Sullivan, Gerry Hemmingsen

Vote Nay:       0              None

Vote Abstain: 0              None

34. Approve the attached letter of opposition to SB 1207 (Kehoe) - Local Planning: Fire Hazard Impacts, and authorize Gerry Hemmingsen, Chairman of the Board to sign the letter on behalf of the Del Norte County Board of Supervisors as requested by the Director of Community Development.**   Document

Action: On a motion by Supervisor Sullivan and seconded by Supervisor Finigan, the Board approved the attached letter of opposition to SB 1207 (Kehoe) - Local Planning: Fire Hazard Impacts, and authorized Gerry Hemmingsen, Chairman of the Board to sign the letter on behalf of the Del Norte County Board of Supervisors.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    David Finigan

 

Vote Yea:       5              Michael Sullivan, David Finigan, Leslie McNamer, Martha McClure, Gerry Hemmingsen

Vote Nay:       0              None

Vote Abstain: 0              None

CAPITAL PROJECTS:

35. A Written Capital Projects Update. Information Only.**   Document

Action: Jay Sarina, County Administrative Officer gave an update on Capital Projects. He also mentioned that he attended the services for Leonard Branton and that he will be missed.

Supervisor Sullivan commented about signage and the host facility at Ruby Van Deventer Park.

ADJOURNMENT

Action: The Board adjourned at 12:40 P.M.

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  April 16, 2014

 

 

THE AGENDA AND ACTION SUMMARY ARE AVAILABLE ON THE COUNTY WEBSITE: www.co.del-norte.ca.us