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, November 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, California United Home Care Workers Union, Sheriffs Employees' Association, represented and unrepresented bargaining units.  II) Conference with legal counsel – A) Existing litigation pursuant to Government code 54956.9 (a  a Lorenz v. DNC, Del Norte Superior Court, Case No. CVUT 11-1053. 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. Pursuant to Gov’t Code 54997, review annual evaluation of the Director of Information Technology and review the State of Department submitted by the Director of Information Technology and provide feedback.

 

 

 

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 Sullivan

Action: Supervisor Sullivan led the Pledge of Allegiance.

·        Introduction of new employees to the Board of Supervisors.

Action: Jerry Cochran introduced Mellisa Marti as the new Veteran's Services' Office Assistant.

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

Action: County Counsel 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: No deletions, corrections, or additions 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 Sullivan reported on attending a Tri-Agency meeting, commented on dealing with concerns from constituents regarding Low Divide Road's fire coverage, thanked Dave Mason and the Task Force regarding the issue at Big Flat, and commented on attending the Joint City/County meeting.

Supervisor Hemmingsen reported on attending a 2x2 with the Smith River National Recreation Area regarding roads issues in the Smith River NRA, attending a few meetings with constituents and staff regarding the Solid Waste Management Authority, attending a Border Coast Regional Airport Authority meeting, attending a 2x2 with Redwood National and California State Parks and commented that the Mill Creek Campground Area will be kept open, commented on receiving a map of Tolowa Dunes State Park, and commented that a  discussion on the hostel was held.

Supervisor McClure commented on traveling to Oceanside for a Coastal Commission meeting, attending the Joint City/County meeting, attending the Sunrise Rotary Event, commented on upcoming meetings regarding education, commented on coming up with a plan for restoration at Marhoffer Creek, commented that she has had numerous concerns from constituents regarding the burglaries that have occurred recently and commented that there needs to be more diligence to fixing this problem.

Supervisor Finigan reported on attending the Joint City/County meeting, meeting with the County Administrative and the Agricultural Commissioner regarding animal control issues in Klamath, attending a meeting in Sacramento with CSAC Officers, participating in a conference call with the Board of Supervisors of the State of California regarding the initiative that is being filed for the constitutional guarantees for adequate funding regarding AB109, meeting in Klamath for the Klamath Community Services District Board meeting, attending a Border Coast Regional Airport Authority meeting, attending the 6º degrees of Celebration Chamber Mixer, attending the Coast Guard Auxiliary Dinner, and participating in a NACO conference call with the leadership of the Transportation Steering Committee regarding the Highway Trust Fund, gas tax, and an almost $300 billion dollar shortfall for infrastructure maintenance in the next ten years.

Supervisor McNamer reported on attending a CMSP meeting in Sacramento regarding the Low Income Health Program (LIHP), participating in Agenda Review, attending the City/County meeting, commented on constituent's concerns with the recent break-ins and stressed the need for Neighborhood Watches throughout the community.

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 Bill Renfroe, Director of Tri-Agency Economic Development Authority, regarding a rate increase in Worker's Compensation.

3.     10:30 A.M. Adjourn as the Board of Supervisors, reconvene as the Board of Equalization, and conduct a Public Hearing for an Assessment Appeal, APN 115-180-15, Hooshnam, as requested by the Assessor.**   

Action: The Board of Supervisors adjourned and reconvened as the Board of Equalization.

The Chair opened the Public Hearing for an Assessment Appeal on APN 115-180-15, Hooshnam. The assessed value for this property as it appears on the local roll is $150,000.00. The appellant's opinion of the value is $70,000.00.

Malihe Hooshnam, appellant, presented her case.

Jennifer Perry, Appraiser Aide, gave a brief presentation on the item.

On a motion by Supervisor Finigan and seconded by Supervisor Hemmingsen, the Board denied the appeal and upheld the assessed value of $150,000.00

 

Motion:    Move to approve

Move:       David Finigan

Second:    Gerry Hemmingsen

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

4.     11:00 A.M. Hold a Public Hearing, waive full reading, and adopt Ordinance 2011-007, An Ordinance of the Del Norte County Board of Supervisors Regarding Industrial Waste Pretreatment, to revise Chapters 15.28,15.32, and 15.12 of the Del Norte County Code related to wastewaters.**   Document

Action: Chair McNamer opened the Public Hearing.

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

No Public Comment was given.

On a motion by Supervisor Sullivan and seconded by Supervisor McClure, the Board held a Public Hearing, waived the full reading, and adopted Ordinance 2011-007, An Ordinance of the Del Norte County Board of Supervisors Regarding Industrial Waste Pretreatment, to revise Chapters 15.28,15.32, and 15.12 of the Del Norte County Code related to wastewaters.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

CONSENT AGENDA

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

Action: On a motion by Supervisor Finigan and seconded by Supervisor Sullivan, the Board approved the Consent Agenda (Items #5 through #13).

 

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

5.     Approve the Minutes from the Joint City/County meeting on October 25, 2011.**   Document

Action: Approved

6.     Approve the Minutes from the October 25, 2011 Board of Supervisors' meeting.**   Document

Action: Approved

7.     Approve a Proclamation for Veteran's Day.**   Document

Action: Approved (DNCO Resolution 2011-063)

 

8.     Approve and: (1) authorize the Chair to sign the Resolution Establishing the Office of Public Guardian/Public Conservator; and (2) reclassify the Deputy LPS Conservator position to Deputy Public Guardian/Public Conservator, in title only, as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Resolution 2011-064)

9.     Approve and authorize the Chair to (1) adopt the Resolution Authorizing Participation in the California Mental Health Services Authority (CalMHSA); (2) approve the Joint Exercise of Powers Agreement (JPA) (as amended in 2010) governing operations of Cal/MHSA; 3) authorize the Director of the Department of Health and Human Services (DHHS) to sign the JPA on behalf of the County, and to act as the representative of the County on the Board of Directors of the CalMHSA, and authorize the Director to appoint an alternate to represent the County on the CalMHSA Board; and (4) authorize the Director of DHHS to expend the application fee to participate in CalMHSA as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Resolution 2011-065)

10. Approve and authorize the Chair to sign a contract with William Cater, Attorney at Law, for County Hearing Officer services as requested by the County Administrative Officer.**   Document

Action: Approve (DNCO Agreement 2011-176)

11. Approve and authorize the Director of Child Support Services to enter into an annual agreement between Del Norte CSS and ABC Legal Services dba Process Forwarding International (PFI) for non local process service at a rate of $74.00 per successful service and $69.00 per incomplete service totaling no more than $20,000.00 per fiscal year as requested by the Director of Child Support Services.**   Document

Action: Approved (DNCO Agreement 2011-177)

12. Approve and adopt a Resolution acknowledging California Coastal Commission modification to the County of Del Norte Local Coastal Program Amendment No. DNC-MAJ-1-10. Furthermore, staff recommends that the Board direct the Planning Division to forward this Resolution to the California Coastal Commission to allow for the effective certification of the amendment to the Land Use Plan (LUP) of the Local Coastal Program, as requested by the Deputy Director of Building and Planning.**   Document

Action: Approved (DNCO Resolution 2011-066)

13. Approved and authorized the Chair of the Board of Supervisors to sign the Agreement between Bar-O Boys Ranch and Lassen County for placement as requested by the Chief Probation Officer   Document

Action: Approved (DNCO Agreement 2011-178)

REGULAR ITEMS

GENERAL GOVERNMENT:

14. Approve and authorize the Chair to sign an Oregon Department of Transportation (ODOT) grant application certifying that the Border Coast Regional Airport Authority (BCRAA) is authorized to construct the airport improvement project on airport property, owned by Del Norte County and leased to BCRAA. Requirements of the grant could possibly require and extension of the existing lease, up to ten years. Item requested by the Airport Director.**   Document

Action: James Bernard, Airport Director, presented this item.

On a motion by Supervisor Finigan and seconded by Supervisor Sullivan, the Board approved and authorized the Chair to sign an Oregon Department of Transportation (ODOT) grant application certifying that the Border Coast Regional Airport Authority (BCRAA) is authorized to construct the airport improvement project on airport property, owned by Del Norte County and leased to BCRAA. The motion was carried unanimously.

 

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

15. Presentation by the Resighini Rancheria regarding the Klamath Hydroelectric Project dam removal process. Discussion with possible action.   Document

Action: Patrick Higgins, Fishery Consultant for the Resighini, gave a presentation to the Board outlining the concerns with the Klamath Basin Restoration Agreement (KBRA) and the overall process.

The Resighini Rancheria urged the County of Del Norte to do the following:

(1) File comments objections to the DEIS.DEIR process and the implementation of the KBRA and endorsing the No Action Alternative.

(2) Join in the request of the SWRCB to restart the 401 Certification process.

(3) Go on the record as opposing current proposed legislation due to severe flaws.

Public Comment was given by Felice Pace.

After discussion, the Board directed staff to work with Patrick Higgins on a letter asking for objection of the report, based on the County's lack of participation as well as the scientific information that identifies that the algae issue will not be addressed fully in the current KBRA. The Board also directed that this letter include a request that the process be delayed to allow the reactivation of the 401 certification process as part of the Federal Energy Regulatory Commission(FERC) KHP re-licensing.

LEGISLATIVE AND BUDGET ISSUES:

16. 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 pension reform.

CAPITAL PROJECTS:

17. Verbal Update. Information only.   

Action: Jay Sarina, County Administrative Officer, gave an update on the Townsite Boat Ramp, Battery Point, and Prop 40 projects.

BOARD OF EQUALIZATION

ADJOURNMENT

Action: The Board adjourned at 11:58 A.M.

 

 

 

Jeremi Ruiz, Clerk of the Board

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

 

 

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