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 22, 2006

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, Sarah Sampels and David Finigan

Absent: Chuck Blackburn

CLOSED SESSION 8:30 A.M.

Hold a closed session to consider and discuss litigation and personnel matters: I) Personnel negotiations pursuant to Government Code 54957.6 between County negotiators Personnel Program Manager and the County Administrative Officer and the Del Norte County Employees' Association, Sheriffs Employees' Association, represented and unrepresented bargaining units, II) Conference with legal counsel - anticipated litigation pursuant to Government Code 54956.9(b); significant exposure to litigation, one case; III) Conference with legal counsel - existing litigation pursuant to Government code 54956.9(a) one case, County of Del Norte vs. Beckett et al, Case No. CVUJ 05-1557; IV) Initiation of litigation pursuant to subdivision (c) of Section 54956.9, 2 cases.

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 Clerk of the Board Sherri Adams.

        Introduction of new employees to the Board of Supervisors.

Action: New Employees Jay Metford, Bron Sullivan, Jill Miller and Debbie Centner were introduced by the Director of Health and Social Services.

        Report of any actions from closed session by County Counsel.

Action: County Counsel reported no action was taken in 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: On a motion by Supervisor McClure, seconded by Supervisor Finigan, the Board unanimously approved adding the following item to the agenda finding that the item arose after the posting of the agenda and the matter required action before the next regular meeting of the Board of Supervisors.

Authorize the Chair to accept a pending grant agreement, which must be signed by the end of the month, with the Federal Aviation Administration's Airport Improvement Program (AIP) for approximately $1,650,000.00 for construction of an ARFF facility, RSA study and completion of the current Security Fence project. Authorize County Counsel to sign the Grant Certificate of Sponsor's Attorney as requested by the Airport Manager.

 

Motion: Move to approve

Move: David Finigan

Second: Leslie McNamer

 

Vote Yea: 4 David Finigan, Leslie McNamer, Martha McClure, Sarah Sampels

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: Comments were heard from Richard Miles.

Item 3 was pulled for separate discussion.

 

Motion: Move to approve

Move: David Finigan

Second: Leslie McNamer

 

Vote Yea: 4 David Finigan, Leslie McNamer, Martha McClure, Sarah Sampels

Vote Nay: 0 None

Vote Abstain: 0 None

1.     Approve and Adopt the minutes from the August 8, 2006 meeting.**

2.     Authorize the Chair to sign letters of appreciation to Del Norte Sunrise Rotary, Ace Hardware and Plunkett Family Painting for the new floor in the Veterans Memorial Hall.**

3.     Appoint Supervisor McNamer as the representative to the California State Association of Counties (CSAC) for the rest of 2006 and 2007 as requested by Supervisor Sampels.**

Action: This item was pulled for separate discussion.

After discussion by the Board, it was recommended that Supervisor Finigan be appointed as the CSAC Representative since he was the appointed alternate for 2006 and name Supervisor McNamer as the alternate representative.

 

Motion: Move to approve

Move: David Finigan

Second: Martha McClure

 

Vote Yea: 4 David Finigan, Martha McClure, Leslie McNamer, Sarah Sampels

Vote Nay: 0 None

Vote Abstain: 0 None

4.     Approve and Authorize the Chair to sign the Side Letter Agreement between the County of Del Norte and the Del Norte County Sheriff's Association as requested by the County Administrative Officer.**

Action: DNCO Agreement Number 2006-135

5.     Approve and Authorize the Sheriff to pay newly hired Deputy Sheriff II at a Step C retroactive to his date of permanent hire as requested by the Sheriff-Coroner.**

6.     Authorize the Chair to sign the Contract with Rick Parker Construction for construction of ADA improvements to the Veterans Memorial Building in the amount of $109,977.00 as requested by the Administrative Services Manager.**

Action: DNCO Agreement Number 2006-136

7.     Approve the contract between the County and St. Helena Hospital Center for Behavioral Health (Vallejo, CA) for Psychiatric Inpatient Hospital Services as requested by Director of Mental Health.**

Action: DNCO Agreement Number 2006-137

8.     Approve the contract between the County and St. Helena Hospital (St. Helena, CA) for Psychiatric Inpatient Services as requested by the Director of Mental Health.**

Action: DNCO Agreement Number 2006-138

9.     Adopt a Resolution of the Del Norte County Board of Supervisors Approving an Agreement for Continued Funding from the California Friday Night Live Partnership and Authorizing the Execution of the Grant Agreement and any Amendments thereto as requested by the Director of Mental Health.**

Action: DNCO Resolution Number 2006-63

10. Approve and Authorize the Chair to sign the Temporary Lease for Office Space for Child Support Services effective September 1, 2006 as requested by the Director of Child Support Services.**

Action: DNCO Agreement Number 2006-139

After discussion, a friendly amendment was added to assign a termination date of 12/31/2006 with terminology that the lease may be extended by mutual agreement.

11. Authorize the Chair of the Board to sign the "Release of Lien" between the County of Del Norte and Stephanie Deupree as requested by the Director of Health and Social Services.**

12. Approve and Authorize the Chair to sign the Agreement with the Community Assistance Network (CAN) for employment training services in the amount of $300,000.00 for FY 06-07 as requested by the Director of Health and Social Services.**

Action: DNCO Agreement Number 2006-140

13. Approve and Authorize the Chair to sign the Annual Children's Medical Services Plan for Del Norte County which includes the Child Health and Disability Prevention (CHDP), California Children's Services (CCS) and Health Care Program for Children in Foster Care (HCPCFC) as requested by the Director of Health and Social Services.**

14. Approve and Authorize the Chair to sign the Agreement for Child Care Services with the Del Norte Child Care Council (DNCCC) in the amount of $425,000.00 for fiscal year 2006-2007 for CalWORKS subsidized Child Care Services as requested by the Director of Health and Social Services.**

Action: DNCO Agreement Number 2006-141

15. Approve and Authorize the Chair to sign the Agreement for Tobacco Use Prevention Program (TUPP) Evaluation Services with James P. McCubbrey not to exceed $21,060.00 for the term of July 1, 2006 through June 30, 2007 as requested by the Director of Health and Social Services.**

Action: DNCO Agreement Number 2006-142

16. Approve and Authorize the chair to sign the Second Amendment to Contract for Public Defender Services (2003-129) replacing Scott Hoxeng, Attorney at Law, with William B. Cater, Attorney at Law as requested by Deputy County Counsel.**

Action: DNCO Agreement Number 2006-143

17. Approve and Adopt a Resolution entitled a Resolution of the Del Norte County Board of Supervisors Authorizing the Transfer of Funds of the Big Rock Community Services District to an Alternate Depository, Pursuant to Government Code Section 61053 as requested by County Counsel.**

Action: DNCO Resolution Number 2006-64

18. Approve and Adopt a Resolution entitled a Resolution of the Del Norte County Board of Supervisors Oil Grant Resolution (Twelfth Cycle Used Oil Recycling Block Grant) as requested by the Del Norte Solid Waste Management Authority.**

Action: DNCO Resolution Number 2006-65

19. Approve and Adopt a Resolution entitled a Resolution Approving Pest Detection Agreement Number 06-0395 between the California Department of Food and Agriculture and Del Norte County and Authorization for the Agricultural Commissioner to Sign the Contract on Behalf of the County as requested by the Agricultural Commissioner.**

Action: DNCO Resolution Number 2006-66

DNCO Agreement Number 2006-144

20. Authorize the Chair of the Board to sign the Hiouchi Fuel Reduction Agreement between the County of Del Norte and the Del Norte Fire Safe Council as requested by the Del Norte Fire Safe Council.**

Action: DNCO Agreement Number 2006-145

REGULAR ITEMS

SCHEDULED ITEMS:

21. 10:05 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: Comments were heard from Richard Miles.

22. 10:15 A.M. Further consideration of the Ernest and Aileen Sanchez "D" Overlay Rezone, APN 110-240-40 (MS0541 and R0605).**

Action: Comments were heard from Ward Stover and Ryan Bouchard. After discussion by the Board, Supervisor Finigan moved to uphold the approval of the Planning commission by adopting the findings and approving the project with the seventeen (17) conditions and approving the ordinance amending Non-Coastal Zoning Map C-8. The motion died due to lack of a second. No action was taken.

23. 10:45 A.M. Presentation by Holly Gensaw, Unit Director, Crescent City, Boys and Girls Club of the Redwoods.

Action: A brief presentation was given by Holly Gensaw. Advisory Board Members Bridgette Holland, Richard Enea, Jan Moorehouse and Ben Cameron. Supervisor McNamer and Supervisor Finigan were also recognized as Advisory Board Members.

24. 11:00 A.M. Nuisance Abatement Accounting Hearing for the Property at: 610 East Harding, Assessors parcel Number: 117-194-14 **

Action: DNCO Resolution Number 2006-67

The Code Enforcement was sworn in by the Clerk of the Board and the Board of Supervisors Report was entered in as evidence. Comments were heard from the property owner, Mr. Perez. After discussion by the Board, it was moved by Supervisor McClure and seconded by Supervisor Finigan, that after reviewing the report, it was determined that the accounting was accurate, however, not reasonable and to adjust the accounting to have the administrative cost of $587.52 charged only to the property owner.

 

 

Motion: Move to approve

Move: Martha McClure

Second: David Finigan

 

Vote Yea: 4 Martha McClure, David Finigan, Leslie McNamer, Sarah Sampels

Vote Nay: 0 None

Vote Abstain: 0 None

25. 11:15 A.M. Presentation of the Six River National Forest Business Plan and update on information on the Smith River National Recreation Area by Tyrone Kelley, new Forest Supervisor of the Six Rivers National Forest and Mary Kay Vandiver. District Ranger, Smith River National Recreation Area.

26. 11:45 A.M. Consider scheduling a hearing on a Land Use Appeal on a Planning Commission Decision on a Minor Subdivision, Richard and Helen Brown (MS0619, Assessors Parcel Number 116-170-04) from May 3, 2006.**

Action: This item was held over to September 12, 2006.

27. 11:50 A.M. Consider scheduling a hearing on a Land Use Appeal on a Planning Commission Decision on a Minor Subdivision, Robert Lesina from February 1, 2006.**

Action: No public comment was heard on this item. The Board took no action on this item and suggested the property owner withdraw and resubmit the application.

GENERAL GOVERNMENT:

28. Approve and Adopt a Resolution entitled a Resolution of the Del Norte County Board of Supervisors Declaring Public Purpose and Approving Loan and Security Documents for Bridge Loan to Del Norte County Health Care District for Wellness Center Construction Financing as requested by County Counsel.**

Action: DNCO Resolution Number 2006-68

DNCO Agreement Number 2006-146

DNCO Agreement Number 2006-147

County Counsel briefly explained the purpose of the Resolution. No public comment was heard.

 

Motion: Move to approve

Move: David Finigan

Second: Leslie McNamer

 

Vote Yea: 4 David Finigan, Leslie McNamer, Martha McClure, Sarah Sampels

Vote Nay: 0 None

Vote Abstain: 0 None

29. Authorize the Chair to sign a letter to Assemblymember Berg regarding the Prison Expansion and mitigation funds.**

Action: After discussion by the Board, staff was directed to make the letter stronger and copy the letter to Senator Aanestad and Senator Chesbro.

 

Motion: Move to approve

Move: Leslie McNamer

Second: Martha McClure

 

Vote Yea: 4 Leslie McNamer, Martha McClure, Sarah Sampels, David Finigan

Vote Nay: 0 None

Vote Abstain: 0 None

30. Approve the letter to the Bureau of Indian Affairs regarding the Notice of Application for "In Trust" status - APN 101-110-09 - for the Smith River Rancheria as requested by the Administrative Services Manager.**

 

Motion: Move to approve

Move: Martha McClure

Second: Leslie McNamer

 

Vote Yea: 3 Martha McClure, Leslie McNamer, Sarah Sampels

Vote Nay: 0 None

Vote Abstain: 1 David Finigan

31. Reject the sole bid from HW3 Inc. for Obstruction Removal for Jack McNamara Field; Adopt a Resolution entitled a Resolution of the Del Norte County Board of Supervisors Electing to Perform Obstruction Removal at Jack McNamara Field Using County Employees, in accordance with Public Contract Code Section 22034 and County Code Section 2.33.085, allowing the County road Department to bid the job in the amount of $108,550.00; and Authorize the County Airport Manager to execute individual change orders in an aggregate amount not to exceed a maximum of ten (10%) of the bid amount ($10,850.00) as requested by the Airport Manager.**

Action: Rejected the sole bid from HW3 Inc. for Obstruction Removal for Jack McNamara Field.

Motion: Move to Reject

Move: Martha McClure

Second: Leslie McNamer

 

Vote Yea: 3 Leslie McNamer, Martha McClure, Sarah Sampels

Abstain: 1 David Finigan

Adopted a RESOLUTION OF THE DEL NORTE COUNTY BOARD OF SUPERVISORS ELECTING TO PERFORM OBSTRUCTION REMOVAL AT JACK MCNAMARA FIELD USING COUNTY EMPLOYEES, IN ACCORDANCE WITH PUBLIC CONTRACT CODE SECTION 22034 AND COUNTY CODE SECTION 2.33.085, ALLOWING THE COUNTY ROAD DEPARTMENT TO BID THE JOB IN THE AMOUNT OF $108,550.00 and authorized the County Airport Manager to execute individual change orders in an aggregate amount not to exceed a maximum of ten (10%) of the bid amount ($10,850.00) as requested by the Airport Manager.

Motion: Move to Approve

Move: Martha McClure

Second: Leslie McNamer

 

Vote Yea: 4 Leslie McNamer, Martha McClure, Sarah Sampels, David Finigan

 

32. Discuss Railroad Right-of-Way Gate. Take action as necessary.**

Action: Comments were heard from Vic Stratman. On a motion by Supervisor McClure and seconded by Supervisor Finigan the Board unanimously decided to allow the property owners to install the gate and provide access to the County and the City and that the gate installed must be approved by the County Engineer.

 

Motion: Move to approve

Move: Martha McClure

Second: David Finigan

 

Vote Yea: 4 Martha McClure, David Finigan, Leslie McNamer, Sarah Sampels

Vote Nay: 0 None

Vote Abstain: 0 None

33. Consider a request from the Crescent City Harbor District to waive indebtedness of an invoice in the amount of $4,465.72 from the office of County Counsel as requested by the Harbormaster. Take Action as necessary.**

Action: After discussion by the Board, Supervisor McClure moved to continue to hold the invoice indefinitely, without interest, until the Crescent City Harbor District has the funds available to pay the invoice and was seconded by Supervisor McNamer and approved unanimously.

 

 

Motion: Move to approve

Move: Martha McClure

Second: Leslie McNamer

 

Vote Yea: 4 Martha McClure, Leslie McNamer, David Finigan, Sarah Sampels

Vote Nay: 0 None

Vote Abstain: 0 None

COMMITTEE/ACTIVITY REPORTS:

34. 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 McNamer reported on attending a Health Workforce meeting and Future Facilities meeting; Supervisor Finigan reported on attending a RCRC Executive Board meeting, NACO meeting in Chicago, RCRC Meeting in Sacramento, commented on the status of AB885 and California Wildlife Plan, traveling to Washington, D.C. to testify with CSAC and RCRC on the California Roadless Petition August 30 and 31, the Cable and Workers Compensation legislation; Supervisor McClure reported on attending a Juvenile Justice Commission meeting, Children Services Coordination Council meeting, tour of the new Family resource Center building, Historical Society meeting for the 150 year celebration of the Battery Point Lighthouse, commented on being in contact with Assemblymember Berg's office regarding prison expansion and Indian gaming dollars, RAC meeting, attended a week long course in American History, and attended the Knights of Columbus car show with Jobs Daughters; and Supervisor Sampels commented on attending a Pelican Bay Advisory Committee meeting.

BUDGET TRANSFERS:

35. Approve a Budget Transfer (06-36) within the Bioterrorism Preparedness Budget in the amount of $1,005.00 as requested by the Director of Health and Social Services.**

 

Motion: Move to approve

Move: David Finigan

Second: Martha McClure

 

Vote Yea: 4 David Finigan, Martha McClure, Leslie McNamer, Sarah Sampels

Vote Nay: 0 None

Vote Abstain: 0 None

36. Approve a Budget Transfer (06-37) within the Victim Witness Budget in the amount of $3,206.00 as requested by the Victim Witness Coordinator.**

 

Motion: Move to approve

Move: Leslie McNamer

Second: David Finigan

 

Vote Yea: 4 Leslie McNamer, David Finigan, Martha McClure, Sarah Sampels

Vote Nay: 0 None

Vote Abstain: 0 None

LEGISLATIVE AND BUDGET ISSUES:

37. Consider miscellaneous legislative matters pertinent to the County of Del Norte. Authorize the Chair to sign the appropriate letters and/or positions with respect to matters pending before the state or federal governments.

Action: The County Administrative Officer asked the Board to contact Assemblymember Berg and Senator Aanestad opposing AB 3036 and AB 2987 and support of AB 1634.

On a motion by Supervisor McClure and seconded by Supervisor Finigan the Board authorized the Chair to sign a letter to be sent to Governor Schwarzenegger supporting AB 2059.

CAPITAL PROJECTS:

38. Written update on various Capital Projects.**

Action: A written update was provided in the agenda packet.

ADJOURNMENT

 

 

 

Sherri Adams, Deputy Clerk of the Board

County of Del Norte, State of California Date Posted: August 25, 2006

 

 

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