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, January 08, 2008

    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.

 

No Public Comment was given on Closed Session items.

 

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), Pacific Shores CA Subdivision Water District v  DNC, DN Superior Court, Case No. CVPT 06-1454; Wendy Ormsby v Del Norte County, DN Superior Court, Case No, CVUJ 03-1501;John Gimbel v. County of Del Norte, US District Court, Northern California Division., Case No. C070113; Connie Lawson v. Del Norte County, DN Superior Court., Case No. CVUJ06-1190; Joseph Rimac v. Del Norte County, US District Court, Northern California Division,  SC C 07-0298; Linda Loughridge v. Del Norte County, DN Superior Court, Case No. CVUJ 07-1094; David L. Elsebusch v. Del Norte, DN Superior Court, Case No. CVCV06-2313; Dawn Heckel v District Attorney, DN Superior Court, Case No. CVPI 07-1176;County of Del Norte v Beckett et al, DN Superior Court., Case No. CVUJ 05-1557; Susan White v District Attorney, Case No. CVUJ 07-1436; Gimbel v. California, US District Court, Northern California District Case No. C 07-058196 EMC; Clark v. Del Norte County, DN Superior Court, Case No. CVPM07-1496; and Coyle v. James marmon, et al., DN Superior Court Case No. CVPM07-1572  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.  Pursuant to Government Code 54997, conduct the annual evaluation of the Building Maintenance Superintendent.

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 David Finigan.

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

Action: County Counsel reported that on a motion by Supervisor McClure and seconded by Supervisor McNamer the Board unanimously approved to grant 30 year merit increases to Alan Smith, Connie Merrill and Ernest Perry retroactive to the date of approval of the additional step by the Board on October 1, 2007.

·        Introduction of new employees to the Board of Supervisors.

Action: New employee Bobbie Jo Litton, Deputy Clerk/Recorder was introduced.

·        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: On a motion by Supervisor McNamer and seconded by Supervisor Hemmingsen the Board unanimously approved the addition of the following item as it came to the attention of the County subsequent to the posting of the agenda and requires action before the next regular meeting of the Board of Supervisors.

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    Gerry Hemmingsen

 

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

·        Adopt a Resolution Proclaiming the Existence of a Local Emergency.

Action: The County Administrative Officer stated that the City has had upwards of $1 million dollar in damages and the Harbor has had more than $300,000 in damage.  There has been significant damage in the County as well and it is currently being determined as to what extent.

Mr. Cochran stated that there was damage sustained at the cemetary from the recent storms.

Comment was also heard from Richard Miles.

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    Michael Sullivan

 

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

·        Nomination and Election of the Board of Supervisors Chairman and Vice-Chairman for 2008.

Supervisor McClure nominated Supervisor McNamer for the Board of Supervisors Chairman for 2008.

Motion:    Move to approve

Move:       Martha McClure

Second:    Leslie McNamer

 

Vote Yea:       2              Martha McClure, Leslie McNamer 

Vote Nay:       2              Michael Sullivan, Gerry Hemmingsen

Vote Abstain: 1              David Finigan

Supervisor Sullivan nominated Supervisor Finigan as the Board of Supervisors Chairman for 2008.

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Gerry Hemmingsen

 

Vote Yea:       3              Gerry Hemmingsen, Michael Sullivan, David Finigan   

Vote Nay:       2              Leslie McNamer, Martha McClure

Supervisor Sullivan nominated Supervisor McNamer as the Board of Supervisors Vice Chairman for 2008.

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Leslie McNamer

 

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

SCHEDULED ITEMS:

1.     10:10 A.M.  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 commented on the Recreation Basketball program, discussions with Charlie Fielder from Caltrans, attending a 2x2 meeting with Redwood National and State Parks, meeting with Pelican Bay State Prison regarding recycling, attending an LTCO meeting, attending a Solid Waste meeting, commented on the letter for the Smith River Forest Initiative and in the upcoming year would like to focus on senior services and issues; Supervisor McNamer reported on attending a LAFCO meeting and a Chamber luncheon meeting; Supervisor Hemmingsen commented on attending the Citizens Advisory meeting at Pelican Bay Prison, Mental Health Board meeting, Airport JPA meeting, attending a meeting with Health and Human Services, Mr. Barnts, the County Administrative Officer and the Assistant County Administrative Officer regarding the new building, attending a Healthy Workforce meeting, 2x2 meeting with Redwood National and State Parks, LAFCO meeting, RC&D meeting with Bruce Williams, NRCS staff, Randy Hatfield and the Assistant County Administrative Officer regarding Community Forest programs, and attending a meeting with Jim Waldvogel, Rich Young and Supervisor Finigan regarding the Yurok Tribal Park and marine sanctuary; and Supervisor Finigan reported on attending a First 5 meeting, Democratic Convention, Family Resource Center Board meeting, Indian Gaming meeting, Airport JPA meeting, American Fishing Foundation meeting and attending a meeting with Jim Waldvogel, Rich Young and Supervisor Hemmingsen regarding the Yurok Tribe marine sanctuary.

2.     10:30 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 heard from Zach Larson, Richard Miles and Andrea Southard.

3.     11:00 A.M. Update on the progress of the Action Del Norte Initiative by Reweti Wiki, Executive Director, Crescent City and Del Norte Chamber of Commerce.

Action: No update was given.

4.     11:30 A.M.  Presentation from Debbie Thompson regarding Soroptimist International of Crescent City Stop Trafficking Day January 11, 2008.

Action: Ms. Thompson gave a brief presentation and thanked the Board for their support.

CONSENT AGENDA

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

Action: Public Comment was heard from Richard Miles, Jerry Cochran and Gary Blatnick.

Supervisor McNamer requested that the County Administrative Officer work with the Employees Association on exchanging December 24 for December 26, 2008.

The Consent Agenda (Items 5 through 9 and Items 11 through 33) was adopted unanimously.  Item 10 was pulled for separate discussion and vote.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Michael Sullivan

 

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

5.     Approve the minutes from the December 11, 2007 meeting.**

Action: Approved

6.     Adopt a Proclamation Proclaiming January 2008 as National Mentoring Month.**

Action: Adopted

7.     Approve a Resolution Observing Soroptimist International of Crescent City Stop Trafficking Day January 11, 2008.**

Action: DNCO Resolution 2008-001

8.     Approve and Adopt a Resolution Reappointing Gerald D. Cochran to Represent Del Norte County on the Board of Directors of the Golden Gate Bridge and Highway Transportation District .**

Action: DNCO Resolution 2008-002

9.     Adopt the Board of Supervisors Meeting Schedule for 2008 as requested by the County Administrative Officer.**

Action: Adopted

10. Adopt the 2008 County Legislative Platform as requested by the County Administrative Officer.**

Action: Supervisor Sullivan requested the addition of "Federal and State Agencies" to the first bullet point on page number 4.  E-Waste and the opppostions of any legislation or proposed ballot language that restricts or affects local autonomy of First 5 Commissions were added to the platform.

The legislative platform was adopted with the additions.

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    Gerry Hemmingsen

 

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

11. Authorize staff to forward a letter to the Smith River National Recreational District Ranger to initiate discussion on establishing a Community Forest Plan as requested by the Assistant County Administrative Officer.**

Action: Approved

12. Approve the Amendment to Contract 2007-112 for Professional Services for the Point Saint George Parking Phase I as requested by the Assistant County Administrative Officer.**

Action: DNCO Agreement 2008-002

13. Approve a Contract with R.L. Hastings & Associates, LLC to provide Administrative Subcontractor services for the implementation of a 2007 HCD/HOME Program grant related to the construction of the Hidden Creek Apartments - an 81 unit multi-family affordable housing development as requested by the County Administrative Officer.**

Action: DNCO Agreement 2008-003

14. Approve and Authorize the Chair to sign Agreements for:  Transfer of Responsibility for the Courthouse to the Administrative Officer of the Court; Courthouse Transfer Agreement Addendum; Courthouse Joint Occupancy Agreement with the Administrative Office of the Court for joint space sharing; Courthouse Memorandum of Joint Occupancy Agreement; Agreement for County’s Retention of Ownership Agreement of the Sheriff's Office; Sheriff’s Station Addendum to Retention Agreement; Joint Occupancy Agreement with the Administrative Office of the Court for joint space sharing in the Sheriff's Office; and Sheriff’s Station Memorandum of Joint Occupancy as requested by County Counsel and the County Administrative Officer.**

Action: Transfer Agreement Between the Judicial Council of California, Administrative Office of the Courts and the County of Del Norte for the Transfer of Responsibility for Court Facility (Superior Court): Addendum to transfer Agreement between the Judicial Council of California by an through the Administrative Office of the Courts and the County of Del Norte (Superior Court); Joint Occupancy Agreement between the Judicial Council of California, Administrative office of the Courts and the County of Del Norte (Superior Court); Memorandum of Joint Occupancy Agreement (Superior Court); Transfer Agreement between the Judicial Council of California, Administrative Office of the Courts and the County of Del Norte for the Transfer of Responsibility for Court Facility (Sheriff's Station); Addendum to Transfer Agreement between the Judicial Council of California by and through the Administrative Office of the Courts and the County of Del Norte (Sheriff's Station Court); Joint Occupancy Agreement between the Judicial Council of California, Administrative Office of the Courts and the County of Del Norte (Sheriff's Station); and Memorandum of Joint Occupancy (Sheriff's Station)

DNCO Agreements 2008-004, 2008-005, 2008-006, 2008-007, 2008-008, 2008-009, 2008-010, and 2008-011

15. Approve a Resolution Authorizing the Chief Probation Officer to Execute all Necessary Documents Associated with Del Norte County's Application for Approval for the Comprehensive Multiagency Juvenile Justice Plan Modification as requested by the Interim Chief Probation Officer.**

Action: DNCO Resolution 2008-003

16. Approve and Authorize the Chair to sign the "Release of Lien" between the County of Del Norte and Jamey Y. McNeece as requested by the Director of Health and Human Service.**

Action: Approved

17. Approve and Authorize the Chair to sign the first Amendment to the Agreement (2007-182) with North Valley Behavioral Health LLC dba: Sequoia Psychiatric Center in Yuba City, California for Non-Hospital Acute Psychiatric Bed Days as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2008-012

18. Approve and Authorize the Chair to sign the Agreement with Glenn County Human Resource Agency for Child Welfare Services/Case Management System (CWS/CMS) training to County Staff as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2008-013

19. Approve and Authorize the Chair to sign the Agreement with Helios Healthcare, LLC (Helios) formerly know as Idylwood Care Center to provide community residential treatment services for severely mentally disordered adults as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2008-014

20. Approve and Authorize the Chair to sign the Agreement with BHC Sierra Vista Hospital, Inc. for Psychiatric Inpatient Hospital Services as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2008-015

21. Approve and Authorize the Chair to sign the Agreement with BHC Heritage Oaks Hospital for Psychiatric Inpatient Hospital Services as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2008-016

22. Approve and Authorize the Chair to sign the Agreement with Timothy Jackinsky for the provision of psychiatric nurse practitioner services as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2008-017

23. Approve and Authorize the Chair to sign the Agreement with Maria Levy Vanderhorst to provide Alcohol and Other Drug Prevention Program (AODP) evaluation as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2008-018

24. Approve and Authorize the Chair to sign the Agreement with Milhous Children's Services, Inc. for Children's Residential Treatment Services as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2008-019

25. Establish and Approve the position of Prevention Coordinator and Office Assistant Supervisor II and the addition of one (1) Staff Services Analyst within the Department of Health and Human Services as requested by the Director of Health and Human Services.**

Action: Approved

26. Approve and Authorize the Chair to sign the Agreement with Remi Vista, Inc. for Department of Health and Human Services (DHHS) provision of alcohol and drug counseling services for youth as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2008-020

27. Approve and Authorize the Chair to sign an Agreement with Harry Liddicote, Jr. for Consultant Services as requested by the County Counsel.**

Action: DNCO Agreement 2008-021

28. Approve and Adopt the Resolution Adding a Portion of Lakeside Loop to the County Maintained Road List as requested by the County Engineer.**

Action: DNCO Resolution 2007-004

29. Approve and Authorize the Chair to sign the Local Agency-State Agreement for Bicycle Transpiration Account Project as requested by the Deputy Director of Community Development.**

Action: DNCO Agreement 2008-022

30. Approve and Adopt the Memorandum of Agreement with the Yurok Tribe to clarify roles and responsibilities of the parties in joint improvement projects on County roads and other infrastructure within the Yurok Reservation as requested by the County Engineer.**

Action: DNCO Agreement 2008-023

31. Approve and Adopt a Resolution Approving Pest Detection -Light Brown Apple Moth (LBAM) Trapping Agreement #06-0821 between the County of Del Norte and the California Department of Food and Agriculture and Authorize the Agricultural Commissioner to sign said Agreement on behalf of Del Norte County as requested by the Agricultural Commissioner.**

Action: DNCO Resolution 2008-005 and DNCO Agreement 2008-025

32. Approve and Authorize the Chair to sign the Certification Statement regarding the Composition of Del Norte Local Child Care Planning Council Members as requested by the Coordinator of Del Norte Local Child Care Planning Council.**

Action: Approved

33. Approve the expenditure of Title III funds in the amount of $22,500.00 to Heyday Books for the Ruby VanDeventer Botanical Legacy Project, Phase II as requested by the Director of Community Development.**

Action: Approved

REGULAR ITEMS

GENERAL GOVERNMENT:

34. Approve the breaching of Lake Earl at the level of 8 feet MSL or greater as part of the Army Corps Permit number 27850N as requested by the County Engineer.**

Action: Approved with the addition of "and the level of 5 feet MSL on Febraury 15..." inserted after "8 feet MSL or greater".

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Gerry Hemmingsen

 

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