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, February 08, 2011

    8:30 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, Danis v. DNC, U.S. Dist Ct, N Cal., # CV095924CRB, DNC v. U.S. Forest Srv, U.S. Dist Ct, N Cal., # CV10-2047JSW, 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, Hanover vs. DNC Road Dept, Del Norte Superior Ct., #CVCV 08-2300, Otremba v DNC Del Norte Superior Ct., # CVUJ-10-1258; 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. 

 

 

 

 

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: Interim County Counsel Gretchen Stuhr stated no reportable actions from Closed Session.

·        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: Supervisor Sullivan requested the following items to be added to the agenda as urgency items:

(1) Approve and authorize the Clerk of the Board to sign the attached Memorandum for the California School Cash Reserve 2010-2011 Mid-Year TRAN Program to authorize the Del Norte County Unified School District to issue TRANS on its own behalf pursuant to the previously adopted District Resolution; and

(2) Approve and authorize the Chair to sign a letter in support of State funding for the California Fairs.

On a motion by Supervisor Sullivan and seconded by Supervisor Hemmingsen, the Board added the items to the agenda as urgency items.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Gerry Hemmingsen

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

 

URGENCY ITEM #1

Approve and authorize the Clerk of the Board to sign the attached Memorandum for the California School Cash Reserve 2010-2011 Mid-Year TRAN Program to authorize the Del Norte County Unified School District to issue TRANS on its own behalf pursuant to the previously adopted District Resolution.

On a motion by Supervisor Sullivan and seconded by Supervisor Hemmingsen, the Board authorized the Clerk to sign the attached Memorandum authorizing the Del Norte County Unified School District to issue TRANS on its own behalf pursuant to the previously adopted District Resolution.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Gerry Hemmingsen

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

 

URGENCY ITEM #2

Approve and authorize the Chair to sign a letter in support of State funding for the California Fairs.

After discussion, the Board asked that a presentation by a representative from the Del Norte County Fair Board be given at the next Board of Supervisors' meeting. No action was taken.

 

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 attending a Tri-Agency meeting, attending the farewell lunch for former City Manager Rod Butler, and participating in a conference call for Area 1 Agency on Aging.

Supervisor Hemmingsen reported on attending a NORTEC meeting which included new elections for Chair and Vice-Chair of the Governing Board, attending a Fish & Game meeting regarding possible land exchanges between Fish & Game and the County, attending a Local Mental Health Board meeting, attending a meeting with the Airport Director of the Border Coast Regional Airport Authority, and participating in a teleconference with Steve Chaney, Superintendent of Redwood National Parks regarding the closure of South Beach Road in Klamath.

Supervisor McClure reported on participating in a teleconference with the Resource Legacy Foundation and Jay Sarina, County Administrative Officer, regarding the Battery Point Lighthouse; attending a Redwood Parks Association meeting, attending several Senior Center Board meetings, and expressed her thanks to the Community Development staff for the installation of the 4-way stop on Pebble Beach and Washington Boulevard.

Supervisor Finigan reported on attending a meeting with the CSAC Corporate Associates, attending a CASA Board meeting, participating in a teleconference with CSAC regarding realignment, meeting with the Airport Director and a consultant for the Border Coast Regional Airport Authority, participating in a National Forest, Counties, Schools Coalition teleconference, and participating in a CSAC Officer's conference call

Supervisor McNamer reported on attending a Safe and Healthy Families meeting and requested that the Sheriff and Police Department please attend as well as others who haven't been attending recently, attending a Bar-O Boys Ranch Oversight Committee meeting, meeting with Kelly Nolan, regarding the Library Literacy Program, and commented that she missed her CMSP meeting this month due to her first granddaughter being born.

2.     10:20 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, Patti Vernelson introduced the new Building Healthy Communities new VISTA members: Chad Hegelmeyer, Jazzmyne Dickens, Marianne Candela. She also introduced Amber Talburt, Building Healthy Communities Stakeholder Coordinator; Jennifer England, Del Norte Family Resource Center Director; and Bernadette Johnson, Dean of Students of Klamath River Early College of the Redwoods.

3.     10:35 Presentation by Chris Miller of the Redwood Coast Regional Center.   

Action: Chris Miller, Consumer Advocate for the Redwood Coast Regional Center, gave a presentation.

Public Comment was given by Richard Miles.

4.     10:50 A.M. Receive a presentation on the Governor's Proposed Realignment of Child Welfare, Foster Care, Adoptions, Adult Protective, and Mental Health Services presented by Gary Blatnick, Director and Dorothy Provencio, Assistant Director, Department of Health and Human Services.   

Action: A presentation was given to the Board on the Governor's Proposed Realignment of Child Welfare, Foster Care, Adoptions, Adult Protective, and Mental Health Services

CONSENT AGENDA

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

Action: Supervisor Sullivan asked that Items #9 and #10 be pulled for separate discussion. He also asked that a typo in the Minutes be corrected.

Supervisors Hemmingsen and Sullivan recused themselves from Item #13 due to conflict of interest.

No Public Comment was given.

On a motion by Supervisor Finigan and seconded by Supervisor McClure, the Board approved the Consent Agenda (Items #5 through #8 and #11 through #14)

 

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

5.     Approve the Minutes from the January 25, 2011 Board of Supervisors' Meeting.**   Document

Action: Approved with corrections made.

6.     Approve and adopt a Resolution authorizing the County Agricultural Commissioner to sign Agreement # 11-0004, in the amount of $8,637.00 with the California Department of Food and Agriculture and an accompanying Certification Statement.   Document

Action: Approved (DNCO Resolution 2011-010) (DNCO Agreement 2011-019)

7.     Approve and authorize the Chair to sign Agreement for Stage One Childcare Services with the Del Norte Child Care Council (DNCCC), for the period July 1, 2010 through June 30, 2011, not to exceed $395,850.00 as requested by the Director of Health and Human Services. **   Document

Action: Approved (DNCO Agreement 2011-020)

8.     Approve the proposed Second Amendment to Del Norte County Agreement No. 2010-157 between Del Norte County and LACO Associates and authorize the Chairman of the Board to sign it as requested by the Deputy Director of Engineering & Roads.**   Document

Action: Approved (DNCO Agreement 2011-021)

9.     Approve the attached Memorandum of understanding (MOU) with the Del Norte Solid Waste Management Authority regarding code enforcement services and authorize the Chair's signature on the MOU as requested by the Director of Community Development.**   Document

Action: This item was pulled for separate discussion.

The Board gave direction for this item to be pulled from the agenda and to have the MOU sent back into negotiations with the Solid Waste Management Authority.

10. Approve the attached Memorandum of Understanding (MOU) with the Del Norte Solid Waste Management Authority regarding the provision of necessary solid waste and recycling services and support for County roadside cleanup activities and authorize the Chair's sighature on the MOU as requested by the Director of Community Development. **   Document

Action: This item was pulled for separate discussion.

The Board gave direction to have the item pulled from the agenda and to have the MOU sent back into negotiations with the Del Norte Solid Waste Management Authority.

11. Approve the plans for the repair of fencing, backstops, and score booth siding for Pyke Field, and approve a contract in the amount of $65,635.78 with Miller Farms Nursery, Inc as requested by the County Administrative Officer. **   Document

Action: Approved (DNCO Agreement 2011-022)

12. Adopt Resolution 2011-007  entitled "A Resolution of Del Norte County Board of Supervisors Authorizing the adoption of the Del Norte Operational Area Hazard Mitigation Plan",and approve the County's section of the Crescent City/Del Norte County Hazard Mitigation Plan as requested by the Emergency Services Manager.**   Document

Action: Approved (DNCO Resolution 2011-007)

13. Approve and authorize the Chair to sign the attached agreement for Florence Keller Park for construction services with Hemmingsen Construction in the amount of Eighty Thousand Eight Hundred Forty-Two Dollars ($80,842.00) as requested by the County Administrative Officer.**   Document

 

Action: Approved (DNCO Agreement 2011-023)

14. Approve and adopt a Resolution entitled  A RESOLUTION OF THE DEL NORTE COUNTY BOARD OF SUPERVISORS APPROVING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIPS PROGRAM; AND IF SELECTED, THE EXECUTION OF A STANDARD AGREEMENT, ANY AMENDMENTS THERETO, AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE HOME INVESTMENT PARTNERSHIPS PROGRAM as requested by the County Administrative Officer.**   Document

Action: Approved (DNCO Resolution 2011-011)

REGULAR ITEMS

GENERAL GOVERNMENT:

15. Approve and authorize the following actions : (1)  Direct Community Development Department Staff to prepare an Application for grant funds from the Solid Waste Disposal Site Cleanup Trust Fund (CalRecycle) for an amount not to exceed $500,000.00; and (2). Direct Community Development  Department staff to return to the March 8, 2011, meeting of the Board of Supervisors with the completed application and Resolution authorizing submittal to CalRecycle as requested by the Deputy Director of Building and Planning and the Code Enforcement Officer III.**   Document

Action: Public Comment was given by Richard Miles.

On a motion by Supervisor Sullivan and seconded by Supervisor Hemmingsen, the Board approved and authorized the following actions : (1)  Directed Community Development Department Staff to prepare an Application for grant funds from the Solid Waste Disposal Site Cleanup Trust Fund (CalRecycle) for an amount not to exceed $500,000.00; and (2). Directed Community Development Department staff to return to the March 8, 2011, meeting of the Board of Supervisors with the completed application and Resolution authorizing submittal to CalRecycle.

 

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Gerry Hemmingsen

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

16. Approve and adopt the corrected Resolution that sets forth a Disability Determination of a Local Safety Member for Retirement Purposes Pursuant to Government Code Section 21156 as requested by the County Administrative Officer.**   Document

Action: This item was pulled from the agenda due to a request for further information.

BUDGET TRANSFERS:

Action: On a motion by Supervisor Sullivan and seconded by Supervisor Finigan, the Board approved Budget Transfers (02-01),(02-02),and (02-03).

 

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

17. Approve a Budget Transfer (02-01) in the amount of $35,000.00 within the 238 Inmate Welfare and Mental Health budget units as requested by the Sheriff-Coroner. This transfer recognizes the agreement between the Jail and the Department of Health and Human Services - Mental Health Branch. **   Document

Action: Approved

18. Approve a Budget Transfer Request (02-02) in the amount of $338,618.00 within the Capital Projects budget as requested by the County Administrative Officer.**   Document

Action: Approved

19. Approve a Budget Transfer (02-03) in the amount of $58,062.00 within the Grants Administration-OES Budget as requested by the County Administrative Officer.**   Document

Action: Approved

LEGISLATIVE AND BUDGET ISSUES:

20. 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: Discussion was heard regarding the postponement of the hearing for the Bureau of Indian Affairs fee-to-trust land acquisition for Smith River Rancheria as well as the June election and the State Budget.

CAPITAL PROJECTS:

21. Verbal Update. Information only.   

Action: A verbal update was given on Pyke Field and Florence Keller Park improvements.

ADJOURNMENT

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  February 10, 2011

 

 

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