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, August 10, 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, Hanover vs. DNC Road Dept, Del Norte Superior Ct., # CVCV 08-2300 , 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, Stewart v. DNC, Del Norte Ct # CVUJ09-1001, Whetstine v. DNC, Del Norte Ct # CVUJ-10-1199, Wigley v. DNC, Del Norte Ct # CVPI06-1401, 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.

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

Action: Supervisor McClure 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 there were no reportable actions from Closed Session. Jay Sarina, County Administrative Officer, stated that the Board took action to continue the Public Employee Mental Health Specialist II DISCLIPINE/DISMISSAL/RELEASE (1) (gc 54954.5 AND 54957)  to compel the release of the transcripts in a timely matter.

·        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: There were no deletions, corrections, or additions 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 Sullivan reported on meeting with Monte Mendenhall from Pacific Power, attending a Caltrans meeting regarding Highways 199 and 197, attending a Redwood Coast Transit meeting, participating in Action Summary, participating in a mediation meeting with Jay Sarina, County Administrative Officer, as well as Jeff Daniels, Road Superintendent, meeting with Don Amador from the Blue Ribbon Coalition regarding Tolowa Dunes, attending an Area 1 Agency on Aging meeting in Eureka, attending a meeting at regarding Hurdygurdy, commented on Senate Bill 1130's progress, attending Hank Westbrook's 80th birthday, and went on vacation with his son.

Supervisor McNamer reported on not being able to attend meeting due to being in the hospital and wanted to extend her thanks to well wishers as well as personally thank Sutter Coast for their wonderful care.

Supervisor McClure reported on participating in an Emergency Medical Services meeting, attending a Redwood Coast Transit Authority meeting, attending the Del Norte County Fair, meeting with Tina McClendon, Deputy Director of Engineering and Roads regarding the City/County/Harbor sewer proposal, commented that the contract with the Solid Waste Management Authority and Recology is to be signed on Wednesday, camping at Jedediah Smith State Park, and attending her class reunion.

Supervisor Finigan reported on attending a RCRC Executive Board meeting, attending a Tri-Agency Economic Development Authority meeting regarding Broadband, participating in a CSAC Realignment Committee phone conference regarding juvenile justice, meeting with head of the USDA of California at the Requa Inn regarding infrastructure and needs of the community and continued the discussion at Elk Valley Rancheria the next day, attending a First 5 meeting, participating in a National,Forest,County,Schools conference call, attending an Airport JPA meeting, attending the Rodeo at the Del Norte County Fair, and attending a meeting at Community Development regarding the Klamath Levee and other issues in his district.

Supervisor Hemmingsen reported on participating in Agenda Review Border Coast Regional Airport Board meeting, met with Supervisor Sullivan and Jay Sarina, County Administrative Officer, regarding Hurdygurdy, attending the Local Stakeholders MPA meeting, attending his class reunion, and attending a Dungeness Task Force meeting in Ukiah.

 

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 Holly Gensaw regarding the closing of the Boys & Girls Club in Del Norte County; Victoria Dickey regarding the Solid Waste Management Authority, Sandra Drew regarding Del Norte Ambulance, and Millie Ratzloff regarding Bertch Tract Park.

3.     10:40 A.M. Receive a presentation from Kay Edwards regarding Elk Valley Crossroad.   Document

Action: Kay Edwards gave a presentation to the Board regarding the inaccessibility for pedestrians to safely walk or bike riders to ride from home to Sunset High School and Florence Keller Park. She asked that the County install flashing school lights on signs to warn drivers.

The Board suggested that she also speak with the Community Development Department and the Local Transportation Commission.

4.     10:50 A.M. Presentation by Zack Larson, Larson & Associates, regarding an update on the MLPA.   

Action: Zack Larson, Larson & Associates gave an update. He commented that the Northcoast Stakeholders Group would be presenting a proposal that included an offshore conservation area at Point St. George in addition to the Pyramid Point SMCA which includes the area from the border of Oregon and California to the Smith River. He commented that there are still issues regarding the continuation of Native American practices.

Russ Crabtree, Smith River Rancheria, stated that the Rancheria believes this process is an infringement on sovereignty, self-determination, First Amendment rights, and the religious freedoms of the Tribes and Tribal Communities within the Northcoast. He agreed that the array submitted need not include an allocation for Indian concerns.

 

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 Items 8 and 9 due to conflict of interest.

On a motion by Supervisor Sullivan and seconded by Supervisor McClure the Board approved the Consent Agenda, (Items 5 through 21).

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

5.     Approve the Minutes for the June 29, 2010 Board of Supervisors' meeting.**   Document

Action: Approved

6.     Approve the Minutes from the July 13, 2010 Board of Supervisors' meeting.**   Document

Action: Approved

7.     Approve and authorize the Chair to sign a letter of appreciation for Kay Edwards for service to the Americans with Disabilities Act (ADA) Advisory Commission as requested by the County Administrative Officer.**   Document

Action: Approved

8.     Approve the proposed Amendment to the Del Norte County Agreement No. 2009-154 with Granite Construction and authorize the Chairman of the Board to sign the Amendment as requested by the Deputy Director of Engineering and Roads.**   Document

Action: Supervisor Hemmingsen recused himself from this item due to conflict of interest.

Approved (DNCO Agreement 2010-127)

9.     Approve and authorize the Chair to sign the Lease Agreement with Matthew S. Fearing and Rae A. Fearing, individuals doing business as 101 North Properties, for the Mental Health Service Center facility located at 1044 N. Highway 101, Suite F, Crescent City, CA as requested by the Director of Health and Human Services.**   Document

Action: Supervisor Hemmingsen recused himself from this item due to conflict of interest.

Approved (DNCO Agreement 2010-126)

10. Approve the Agreement between the County of Del Norte and SHN Consulting Engineers & Geologists, Inc. for Geotechnical Evaluation of the Klamath Glen Levee and authorize the Chairman of the Board to sign it as requested by the Deputy Director of Engineering and Roads.**   Document

Action: Approved (DNCO Agreement 2010-128)

11. Approve the Final Subdivision Map for Smuggler's Cove as presented, and authorize the Clerk of the Board to sign it as requested by the Deputy Director of Engineering & Roads.**   Document

Action: Approved

12. Approve the Memorandum of Understanding with the District Attorney and review and approve the County Response Cover Page for the IHSS Fraud Plan as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-129)

13. Approve the proposed Amendment to the Del Norte County Agreement No. 07-197 between the County of Del Norte and the California Coastal Conservancy to extend the term of the Agreement as well as the completion date, and authorize the Chairman of the Board to sign it as requested by the Deputy Director of Engineering and Roads.**   Document

Action: Approved (DNCO Agreement 2010-130)

14. Approve the Agreement for Fiscal Year ending June 30, 2010 annual outside audit services as submitted by Smith and Newell, Certified Public Accountants.**   Document

Action: Approved (DNCO Agreement 2010-131)

15. Approve the installation of bollards on the east side of, and at, 1990 Northcrest Drive as requested by the Deputy Director of Engineering and Roads.**   Document

Action: Approved

16. Approve and authorize the Chair to sign an agreement between the County of Del Norte and Harry Liddicote, Jr. for Hearing Officer Services as requested by the County Administrative Officer.**   Document

Action: Approved (DNCO Agreement 2010-132)

17. Approve and authorize the Chair to sign the "Release of Lien" of Colleen T. Hill as requested by the Director of Health and Human Services.**   Document

Action: Approved

18. Approve and authorize the Chair to sign the Agreement with Sydney Patterson Clinton, Northcoast Health Screening for non-dependency alcohol and drug testing services from July 1, 2010 through June 30, 2011, not to exceed $26,000.00 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-133)

19. Approve and authorize the Chair to sign the Agreement with Skyway House for adult residential treatment of alcohol and other drug abuse from July 1, 2010 through June 30, 2011, not to exceed $58,000.00 as requested by the Director of Health and Human Services.**   Document

Action: Approve (DNCO Agreement 2010-134)

20. Approve the Dell Financial Services Lease No. 810-008902717-002 and authorize the County Administrative Officer to execute a lease agreement with Dell Financial Services in the amount of $11,456.43 to acquire new computers for the Sheriff Dispatch center as requested by the Director of Information Technology.**   Document

Action: Approved (DNCO Agreement 2010-135)

21. Direct the Personnel Director (CAO) to offer voluntary time off to employees currently subject to mandatory furloughs as requested by the County Administrative Officer.**   Document

Action: Approved

REGULAR ITEMS

GENERAL GOVERNMENT:

22. Temporarily appoint Don Hemphill to the position of Auditor/Controller ending on or before December 31, 2010 as requested by the County Administrative Officer.**   Document

Action: On a motion by Supervisor Finigan and seconded by Supervisor McClure, the Board temporarily appointed Don Hemphill to the position of Auditor/Controller ending on or before December 31, 2010.

 

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

23. Approve the submittal of two (2) applications for funding through the Secure Rural Schools program as requested by the Deputy Director of Engineering and Roads.**   Document

Action: On a motion by Supervisor Finigan and seconded by Supervisor McNamer, the Board approved the submittal of two (2) applications for funding through the Secure Rural Schools program.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Leslie McNamer

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

24. Accept the negotiated price of $81,000.00 for the purchase of Lots 12, 13, 14, 15, 30 and 31 of the real property commonly called Del Norte County Assessor Parcel Number 115-121-14 and; adopt a Memorandum of Understanding/Purchase Contract between the County and Lighthouse Community Church and authorize the Chair to sign on behalf of the County of Del Norte and; authorize the County Administrative Officer to sign documents required to complete the acquisition process as requested by the County Administrative Officer.**   Document

Action: On a motion by Supervisor Finigan and seconded by Supervisor McNamer, the Board (DNCO Agreement 2010-136) accepted the negotiated price of $81,000.00 for the purchase of Lots 12, 13, 14, 15, 30 and 31 of the real property commonly called Del Norte County Assessor Parcel Number 115-121-14 and; adopted a Memorandum of Understanding/Purchase Contract between the County and Lighthouse Community Church and authorized the Chair to sign on behalf of the County of Del Norte and; authorized the County Administrative Officer to sign documents required to complete the acquisition process.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Leslie McNamer

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

BUDGET TRANSFERS:

Action: ALL BUDGET TRANSFERS WERE TAKEN AS ONE ITEM.

On a motion by Supervisor McNamer and seconded by Supervisor Finigan, the Board approved Budget Transfers (06-09), (06-13), (06-25), (06-26), (06-27), (06-28), (06-29), (06-30), and (06-31).

 

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

25. Approve a Budget Transfer (06-09) in the amount of $328,558 within the Health Insurance Budget as requested by the County Administrative Officer.**   Document

26. Approve a Budget Transfer (06-13) in the amount of $144,868 within the Public Defender and Contingency Budgets as requested by the County Administrative Officer.**   Document

27. Approve a Budget Transfer (06-25) in the amount of $49,000.00 within the Health and Human Services budget as requested by the Director of Health and Human Services.**   Document

28. Approve a Budget Transfer (06-26) in the amount of $27,415.00 within the Assessor's office as requested by the County Assessor.**   Document

29. Approve a Budget Transfer (06-27) in the amount of $1,249.00 within the CALMETT budget as requested by the Sheriff-Coroner.**   Document

30. Approve a Budget Transfer (06-28) in the amount of $4,715.00 within the Patrol budget as requested by the Sheriff-Coroner.**   Document

31. Approve a Budget Transfer (06-29) in the amount of $7,490.00 within the Boating Safety budget as requested by the Sheriff-Coroner.**   Document

32. Approve a Budget Transfer (06-30) in the amount of $19,800.00 within the Information Technology Budget as requested by the Director of Information Technology.**   Document

33. Approve a Budget Transfer (06-31) in the amount of $60,376.00 within the Jail budget as requested by the Sheriff-Coroner.**   Document

LEGISLATIVE AND BUDGET ISSUES:

34. 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: Jay Sarina, County Administrative Officer, commented on the extraordinary costs related to the ongoing homicide cases. He stated that letters have been sent to legislators from budget committees requesting funding.

Supervisor McClure asked that a letter be sent to Senator Kehoe regarding opposition to AB 2456, which modifies the Emergency Medical Services Act. On a motion by Supervisor McClure and seconded by Supervisor Finigan, the Board approved for the letter to be sent.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    David Finigan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

CAPITAL PROJECTS:

35. Verbal Update. Information Only.   

Action: Jay Sarina gave an up date on Ruby Van Deventer, Point Saint George, and Bertch Tract Park.

ADJOURNMENT

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  August 13, 2010

 

 

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