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, March 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 and Gerry Hemmingsen

                  

Absent:       David Finigan

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.

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

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

Action: Supervisor Hemmingsen 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. County Administrative Officer, Jay Sarina, stated no reportable actions from Closed Session during the absence of Interim County Counsel.

·        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 tabled Item #23 to be brought forth at a future Board meeting.

On a motion by Supervisor Hemmingsen and seconded by Supervisor Sullivan, the Board added an item titled: Approve and authorize the Chair to sign a letter opposing AB720 (Hall): Public Contracts: Uniform Construction Cost Accounting Act as introduced on February 17, 2011.

Motion: Move to Approve

Move:  Gerry Hemmingsen

Second: Michael Sullivan

AYES:          4               Martha McClure, Gerry Hemmingsen, Michael Sullivan, Leslie McNamer

Kevin Hamblin, Director of Community Development, spoke on this item.

On a motion by Supervisor Sullivan and seconded by Supervisor McClure, the Board approved and authorized the Chair to sign a letter opposing AB720 (Hall): Public Contracts. Uniform Construction Cost Account Act as introduced on February 17, 2011.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Martha McClure

 

Vote Yea:       4              Michael Sullivan, Martha McClure, Leslie McNamer, Gerry Hemmingsen         

Vote Nay:       0              None

Vote Abstain: 0              None

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 McClure reported on attending several meetings at the Senior Center, participating in interviews for the position of County Counsel, commented on the Redwood Parks Association, commented that she traveled to Dallas, Texas for a conference as part of her commitment to the Redwood Parks Association Board, participated in a few Solid Waste Ad Hoc committee meetings, attending a RAC meeting, and commented on SB 700.

Supervisor Sullivan reported on participating in a North Deal Meeting with Cal-Trans in a conference call,  participating in interview for County Counsel, attending a RAC meeting, attending his son's basketball game, commended John Horner, Recreation Coordinator, on his job, attending Cal-Trans meeting in Hiouchi and Smith River, commented on the upcoming release of a rough draft of the Solid Waste Ad-Hoc report, and commented on SB 700 and SB 387.

Supervisor Hemmingsen reported on participating in Action Summary, attending a Tri-Agency meeting, attending an Airport Finance Committee meeting, attending a LAFCo meeting where he commented that Kathyrn Murray was elected Chair and Leslie McNamer is Vice-Chair, participating in interviews for County Counsel, attending a Border Coast Regional Airport Authority meeting, and commented that he went to Phoenix to watch Spring Training

Supervisor McNamer reported on attending a CMSP meeting in Sacramento, meeting with two of the Board of Director of Daily Bread Ministries, participating in interviews for County Counsel, Agenda Review, and meeting with Summer Moore from CUHW for In-Home Health Care Workers.

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 Scott Feller regarding Senate Bills 351, 22, 333, 390, 505, 269, 413, 665, 518, and a spot bill for Fair Boards.

3.     10:25 A.M. Review, discuss, and give possible direction to staff regarding the sale of APN 110-032-05 (James Lambert) to the California Department of Fish and Game.   Document

Action: James Lambert gave a presentation on his request.

Supervisors Hemmingsen and Sullivan state that they would like to see the agreement by Fish and Game before they made any decision.

Supervisor McClure made a motion that James Lambert be allowed to sell his personal property and that a letter of support be sent to the Wildlife Conservation Board. Supervisor McNamer seconded the motion.

On a 2-2 vote, the motion failed.

AYES:  Leslie McNamer, Martha McClure

NOES: Gerry Hemmingsen, Michael Sullivan

ABSENT: David Finigan

4.     10:30 A.M. Receive a status report from Rick Martin, Director of Northcoast Air Quality.   

Action: Rick Martin, Director of Northcoast Air Quality, gave a status update and covered the following: Regulating Stationary Sources of Air Pollution, Complaint Investigation, Environmental  Review of Projects, Air Quality Grants, Air Quality Monitoring, and Regulating Toxic Air Contamination.

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 #19 due to conflict of interest.

On Item #8, the action to appoint a Board member to the Local Enforcement Agency Independent Hearing Panel was continued to the next meeting. All other actions were voted on.

On a motion by Supervisor McClure and seconded by Supervisor Sullivan, the Board approved the Consent Agenda, Items #5 through #19.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Michael Sullivan

 

Vote Yea:       4              Martha McClure, Michael Sullivan, Leslie McNamer, Gerry Hemmingsen         

Vote Nay:       0              None

Vote Abstain: 0              None

5.     Approve the Minutes from the Board of Supervisors meeting on February 22, 2011.**   Document

Action: Approved

6.     Approve the Minutes from the Board of Supervisors' Special Session on March 1, 2011.**   Document

Action: Approved

7.     Approve a step increase for the Director of Child Support Services.   

Action: Approved

8.     Appoint Leon Perreault and Mary Jo Duncan as members to the Local Enforcement Agency Independent Hearing Panel for a four-year term ending on October 9, 2014 as requested by the Deputy Director of Building and Planning.**   Document

Action: The appointments of Leon Perreault and Mary Jo Duncan were approved as members to the Local Enforcement Agency Independent Hearing Panel for a four-year term ending on October 9, 2014. The third appointment was moved to the next Board of Supervisors' meeting for decision.

9.     Approve and authorize the Del Norte County Sheriff to fund award plaques to be presented to staff and volunteers of the Del Norte County Sheriff's Department during the 17th annual LEADN awards as requested by the Sheriff-Coroner.**   Document

Action: Approved

10. Approved the appointment of Joyce Crockett as a member of the Board of Directors for the Del Norte Resource Conservation District.**   Document

Action: Approved

11. Review the Annual General Plan Progress Report for the Governor's Office of Planning and Research and the Department of Housing and Community Development as requested by the Deputy Director of Building and Planning.**   Document

Action: Approved

12. Approve the following three (3) Agreements: (1) A Subrecipient Agreement with Del Norte Senior Center for Senior Nutritional Meal Services to implement a portion of the County's 2010 General Allocation Community Development Block Grant; (2) A Subrecipient Agreement with Del Norte County Public Library for Del Norte Reads Adult Reading Program to implement a portion of the County's 2010 General Allocation Community Development Block Grant; (3) A Subrecipient Agreement with Community Assistance Network for Human Needs Services to implement a potion of the County's 2010 General Allocation Community Development Block Grants; and authorize the County Administrative Officer to execute all necessary documents associated with the above listed agreements as requested by the County Administrative Officer.**   Document

Action: Approved (DNCO Agreements 2011-26, 2011-27, 2011-028)

13. Approve and authorize the Chair to sign the Agreement with the State of California Department of Public Health for costs associated with the administration of the AIDS Drug Assistance Program (ADAP) enrollment process for the period of July 1, 2010 through June 30, 2011, not to exceed $1,000.00 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2011-029)

14. Approve and authorize the Chair to sign the Del Norte County Department of Health and Human Services and Del Norte County Probation Department's Integrated California Outcomes and Accountability System (COAS) and Office of Child Abuse Prevention's (OCAP) System Improvement Plan for the period of January 29, 2011 to January 29, 2014, to be submitted to the California Department of Social Services (CDSS) as requested by the Director of Health of Human Services.**   Document

Action: Approved

15. Approve the Licensed Vocational Nurse II position for the Department of Health and Human Services, Public Health Branch start at Step C, effective date of hire as requested by the Director of Health and Human Services.**   Document

Action: Approved

16. Approve and authorize the Chair to sign the First Amendment to the Agreement with Remi Vista, Inc for Medi-Cal eligible Children, Youth, and their Families' Mental Health Services effective February 1, 2011 through June 30, 2011 not to exceed $1,439,000.00 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2011-030)

17. Approve and authorize the Director, Department of Health and Human Services to sign the Agreement with Glenn County Human Resource Agency for Child Welfare Services/Case Management System (CWS/CMS) training for the period July 1, 2010 through June 30, 2011 not to exceed $1,895.00 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2011-031)

18. Approve and authorize the Sheriff to enter into an agreement with the Sirron Software Corporation of Spokane, WA as requested by the Sheriff-Coroner.**   Document

Action: Approved (DNCO Agreement 2011-032)

19. Approve and authorize the Chair to sign the attached agreement with Richterich & Jones Construction, Inc. for installation of a Modular Playsystem in Florence Keller Park in the amount of Thirty-Seven Thousand, Seven Hundred Thirty-Six Dollars ($37,736.00) as requested by the County Administrative Officer.**   Document

Action: Supervisor Hemmingsen recused himself from this item.

Approved (DNCO Agreement 2011-033)

REGULAR ITEMS

GENERAL GOVERNMENT:

20. Approve Discharge of Accountability for uncollectible County Collection accounts as shown on the "Application for Discharge of Accountability" as requested by the Treasurer/Tax Collector.**   Document

Action: The Board asked that this report be more precise when it is presented to the Board.

On a motion by Supervisor McClure and seconded by Supervisor Hemmingsen, the Board approved Discharge of Accountability for uncollectible County Collection accounts as shown on the "Application for Discharge of Accountability"

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Gerry Hemmingsen

 

Vote Yea:       4              Martha McClure, Gerry Hemmingsen, Leslie McNamer, Michael Sullivan         

Vote Nay:       0              None

Vote Abstain: 0              None

21. Approve the attached letters supporting a legislative "fix" which would re-enact the Gas Tax Swap preserving state and local transportation funding as requested by the Director of Community Development.**   Document

Action: Kevin Hamblin, Director of Community Development, presented this item.

On a motion by Supervisor Sullivan and seconded by Supervisor Hemmingsen, the Board approved the attached letters supporting a legislative "fix" which would re-enact the Gas Tax Swap preserving state and local transportation funding.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Gerry Hemmingsen

 

Vote Yea:       4              Michael Sullivan, Gerry Hemmingsen, Leslie McNamer, Martha McClure         

Vote Nay:       0              None

Vote Abstain: 0              None

22. Hold a discussion regarding the Planning Rule Comment Letter prepared by Fred Kelly Grant LTD as it applies to coordination with State, Indian Tribal and Local Governments and take action as necessary.**   Document

Action: Supervisor Hemmingsen presented this item.

On a motion by Supervisor Hemmingsen and seconded by Supervisor Sullivan, the Board voted in support of the Planning Rule Comment Letter as it applies to coordination with State, Indian Tribal, and Local Governments.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Michael Sullivan

 

Vote Yea:       4              Gerry Hemmingsen, Michael Sullivan, Leslie McNamer, Martha McClure         

Vote Nay:       0              None

Vote Abstain: 0              None

23. Review, discuss and take actions as necessary regarding  the 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 table by Supervisor Sullivan for a future Board of Supervisors meeting.

BUDGET TRANSFERS:

Action: On motion by Supervisor Sullivan and seconded by Supervisor Hemmingsen, the Board approved Budget Transfer (02-04, 02-06, 02-07, 02-08, 03-01, 03-02)

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Gerry Hemmingsen

 

Vote Yea:       4              Michael Sullivan, Gerry Hemmingsen, Leslie McNamer, Martha McClure         

Vote Nay:       0              None

Vote Abstain: 0              None

24. Approve a Budget Transfer (02-04) in the amount of $10,500.00 within the Capital Projects Budget as requested by the County Administrative Officer.**   Document

Action: Approved

25. Approve a Budget Transfer (02-06) in the amount of $4,251.00 within the District Attorney's Office CHAT Grant as requested by the County District Attorney.**   Document

Action: Approved

26. Approve a Budget Transfer (02-07) in the amount of $14,350.00 within the Sheriff's Department's Budget as requested by the Sheriff-Coroner.**   Document

Action: Approved

27. Approve a Budget Transfer (02-08) in the amount of $6,750.00 within the Veterans Services Department as requested by the Veterans Services Officer.**   Document

Action: Approved

28. Approve a Budget Transfer (03-01) in the amount of $11,050.00 within the Child Support Services Department as requested by the Director of Child Support Services.**   Document

Action: Approved

29. Approve a Budget Transfer (03-02) in the amount of $54,660.00 within the Grants Administration - OES Budget as requested by the County Administrative Officer.**   Document

Action: Approved

LEGISLATIVE AND BUDGET ISSUES:

30. 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, gave an update on issues such as realignment and budget workshops.

31. Approve and authorize the Chair to sign a letter to Congress regarding deficit reduction.**   Document

Action: On a motion by Supervisor Sullivan and seconded by Supervisor McClure, the Board approved and authorized the Chair to sign a letter to Congress regarding deficit reduction.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Martha McClure

 

Vote Yea:       4              Michael Sullivan, Martha McClure, Leslie McNamer, Gerry Hemmingsen         

Vote Nay:       0              None

Vote Abstain: 0              None

32. Receive and file the mid-year budget update as submitted by the County Administrative Officer and the County Auditor-Controller and direct departments, at a minimum, to meet revenues and maintain expenditures as estimated in the mid-year report and continue working on solutions to reduce net county costs at year end as requested by the County Administrative Officer.**   Document

Action: Jay Sarina, County Administrative Officer, gave an update on the mid-year budget.

CAPITAL PROJECTS:

33. Verbal Update. Information only.   

Action: Jay Sarina, County Administrative Officer, gave an update on Ruby Van Deventer Park, Florence Keller Park, Pyke Field, Battery Point Lighthouse, Point St. George Lighthouse, and the Townsite Boat Ramp.

ADJOURNMENT

 

 

 

Jeremi Ruiz, Clerk of the Board

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

 

 

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