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 14, 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, Chuck Blackburn and David Finigan

Absent: Sarah Sampels

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. Consider Public Employee Appointment: Position of Mental Health Director. Consider Public Employee Appointment: County Counsel. Pursuant to Government Code 54997, conduct the annual evaluation of the Interim Chief Probation Officer.

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.

        Introduction of new employees to the Board of Supervisors.

Action: New employee Jennifer Langston was introduced by the Assessor-Elect and Susan Sayne was introduced by the Director of Information Technology.

        This Board of Supervisors meeting is conducted in honor of the following employees' service to Del Norte County; James Carnegie, 5 years; Linda Nichols, 15 Years; and James Burke, Jr., 5 Years.

        Report of any actions from closed session by County Counsel.

Action: The County Administrative Officer reported that on a vote of 3-1, with Supervisor Finigan voting "no" and Supervisor Sampels absent, Dohn Henion was appointed as County Counsel as of January 2, 2007.

County Counsel reported no other actions were 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.

CONSENT AGENDA

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

Action: No public comment was heard on the Consent Agenda.

 

Motion: Move to approve

Move: Chuck Blackburn

Second: Martha McClure

 

Vote Yea: 4 Chuck Blackburn, Martha McClure, David Finigan, Leslie McNamer

Vote Nay: 0 None

Vote Abstain: 0 None

1.     Approve and Adopt the minutes from the October 24, 2006 meeting.**

2.     Approve and Adopt the minutes from the October 24, 2006 special meeting.**

3.     Approve the appointment of Supervisor Finigan as the Alternate Board of Supervisor member on the Tri-Agency Economic Development Authority.

4.     Adopt a Resolution of the Board of Supervisors of the County of Del Norte, State of California Honoring Kathryn Reese, Retiring Del Norte County Employee.**

Action: DNCO Resolution 2006-085

5.     Adopt a Resolution of the Board of Supervisors of the County of Del Norte, State of California Honoring Mick Miller, Retiring Del Norte County Employee.**

Action: DNCO Resolution 2006-086

6.     Approve and Adopt the Side Letter Agreement with the Del Norte County Sheriff's Employees Association that provides for the exchange of dates for one of the Christmas holidays as requested by the County Administrative Officer.**

Action: DNCO Agreement 2006-191

7.     Approve an annual salary step increase within the corresponding salary range for Ed Fulton, Building/Parks Maintenance Superintendent, effective October 2, 2006 as requested by the County Administrative Officer.**

8.     Approve the appointments as submitted by the Districts for the terms beginning December 1, 2006 and expiring on the first Friday of December, 2010 as requested by the County Clerk-Recorder.**

9.     Authorize the Sheriff to enter into a 3 (three)-year Drug Task Force Agent Agreement with the Elk Valley Rancheria and Smith River Rancheria as requested by the Sheriff-Coroner.**

Action: DNCO Agreement 2006-192

10. Receive and File the Annual General Plan Status Report for the California Department of Housing and Community Development as requested by the Senior Planner. **

11. Approve and Authorize the Chair to sign the contract for Alfred E. Voight, M.D. for Psychiatric Consultation Services as requested by the Assistant Director of Mental Health.**

Action: DNCO Agreement 2006-193

12. Approve and Authorize the Director of Health and Social Services and the Clerk of the Board of Supervisors to sign the attached contract 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 Social Services.**

Action: DNCO Agreement 2006-194

13. Approve and Authorize the Chair to sign the agreement with Open Door Community Health Center for Children's Health Initiative Outreach Services as requested by the Director of Health and Social Services.**

Action: DNCO Agreement 2006-195

REGULAR ITEMS

SCHEDULED ITEMS:

14. 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: Public comment was heard from Richard Miles and Patricia Medina, Executive Director, Chamber of Commerce.

Maja Nichol commented on the abatement of the property on Riverside Drive. The Code Enforcement Officer spoke to the issue and was directed to bring back to the Board after the 90 day time period expires given her to apply for a zone variance for the property.

15. 10:30 A.M. Cooperative Conservation Award Presentation by Art Reeve, County Engineer.**

Action: The County Engineer presented an award from the White House Conference on Cooperative Conservation to Del Norte County, Five Counties Salmonid Conservation Program for recognition and personal stewardship in achieving results through cooperative conservation, an accomplishment profiled at the White House Conference on Cooperative Conservation.

16. 10:45 A.M. Review status of pending Abatement at 181 Mobile Lane. Take action as necessary.**

Action: Supervisor Finigan recused himself from this item.

The Code Enforcement Officer gave a brief report. Public comment was heard from Janice Bolen, Susan Epperson, Richard Miles, Ron Plechaty and Krista Norton. Eileen Cooper, the property owner, commented and presented a letter to the Board from Gray Sky Engineering regarding the property.

After discussion by the Board, on a motion by Supervisor Blackburn, seconded by Supervisor McClure and Supervisor Sampels absent, the Board approved to suspend the daily penalties at 181 Mobile Lane from September 29, 2006 forward until the property owner can physically comply with the Board Order of April 25, 2006. The daily penalties from August 1, 2006 through September 28, 2006 will remain. The Code Enforcement Officer was directed to report back on the status and plan for the property at the May 22, 2007 Board of Supervisors Meeting.

 

 

Motion: Move to approve

Move: Chuck Blackburn

Second: Martha McClure

 

Vote Yea: 3 Chuck Blackburn, Martha McClure, Leslie McNamer

Vote Nay: 0 None

Vote Abstain: 1 David Finigan

17. 11:15 A.M. Consider a request from the Fish and Game Advisory Commission calling for support for additional elk hunts in Del Norte and Humboldt Counties. Take action as necessary.**

Action: John Pritchett, Chairman Fish and Game Advisory Commission gave a brief report on the request for new Roosevelt Elk hunt. Comments were heard from Gerry Mooney, Richard Miles, Jim Mooney, Bob Standish and Bill Ross.

 

Motion: Move to approve

Move: Martha McClure

Second: David Finigan

 

Vote Yea: 4 Martha McClure, David Finigan, Leslie McNamer, Chuck Blackburn

Vote Nay: 0 None

Vote Abstain: 0 None

18. 11:30 A.M. Presentation by Dan Brattain, Chairman, Aviation Advisory Committee, regarding the update of the current terminal. Take action as necessary.**

Action: Dan Brattain, Chairman of the Airport Advisory Commission gave a brief presentation on what the commission would like to accomplish out at the Airport Terminal. The plan is to raise all of the money through private donations and will not need the county to spend any funds.

 

Motion: Move to approve

Move: David Finigan

Second: Martha McClure

 

Vote Yea: 4 David Finigan, Martha McClure, Leslie McNamer, Chuck Blackburn

Vote Nay: 0 None

Vote Abstain: 0 None

19. 11:45 A.M. Uphold the decision of the Auditor-Controller in denying partial mileage reimbursement based on the provision stipulated in the adopted Travel Policy and IRS guidelines as requested by the County Administrative Officer.**

Action: Comments were heard from the County Administrative Officer, Sgt. Gene McManus, and the Auditor.

 

Motion: Move to approve

Move: David Finigan

Second: Leslie McNamer

 

Vote Yea: 4 David Finigan, Leslie McNamer, Martha McClure, Chuck Blackburn

Vote Nay: 0 None

Vote Abstain: 0 None

GENERAL GOVERNMENT:

20. Adopt two Resolutions authorizing staff to submit applications for Bicycle Transportation Account Funds (BTA) for construction of bikeways along Pebble Beach Drive and Howland Hill Road and Authorize the Director of the Community Development Department to sign documents relative to the application as requested by the Deputy Director of the Community Development Department.**

Action: DNCO Resolution 2006-087 and DNCO Resolution 2006-088

Supervisor McClure recused herself from this item.

 

Motion: Move to approve

Move: David Finigan

Second: Chuck Blackburn

 

Vote Yea: 3 Leslie McNamer, David Finigan, Chuck Blackburn

Vote Nay: 0 None

Vote Abstain: 1 Martha McClure

21. Approve the expenditure of Title III funds in the following amounts for the previously submitted projects: Smith River NRA Education Segment by F.O.R.E.S.T., $24,063.00; Ruby VanDeventer Botanical Legacy Project, $2,360.00; and Gateway Education Summer Day Camp, $3,850.00 as requested by the Director of Community Development.**

 

Motion: Move to approve

Move: Chuck Blackburn

Second: Martha McClure

 

Vote Yea: 4 Chuck Blackburn, Martha McClure, David Finigan, Leslie McNamer

Vote Nay: 0 None

Vote Abstain: 0 None

22. Authorize the Chair to sign the agreement for the use of the County owned property (APN 140-160-01) by the Klamath Community Services District for the purposes of subsurface organic sewage wastewater disposal as requested by the Director of Community Development.**

Action: DNCO Agreement 2006-196

 

Motion: Move to approve

Move: David Finigan

Second: Chuck Blackburn

 

Vote Yea: 4 David Finigan, Chuck Blackburn, Leslie McNamer, Martha McClure

Vote Nay: 0 None

Vote Abstain: 0 None

23. Approve and Authorize the Chair of the Board of Supervisors to sign the contract with Leroy Davies, Rick McClendon, Darren McElfresh and William Cater, Attorneys at Law, for Public Defender services, to be paid an individual annual compensation of $90,000.00 with the term of the contract being October 1, 2006 to September 30, 2008 as requested by the County Administrative Officer.**

Action: DNCO Agreement 2006-197

 

Motion: Move to approve

Move: David Finigan

Second: Martha McClure

 

Vote Yea: 4 David Finigan, Martha McClure, Chuck Blackburn, Leslie McNamer

Vote Nay: 0 None

Vote Abstain: 0 None

24. Approve and Authorize the Chair to sign the Memorandum of Understanding between the County of Del Norte, the Del Norte County Library District, the Del Norte Unified School District, First 5 Del Norte, the Del Norte Child Care Council and the City of Crescent city for the purpose of operating the Wonder Bus as requested by the County Administrative Officer.**

Action: DNCO Agreement 2006-198

This item was modified to authorize the County Administrative Officer to sign the Memorandum of Understanding.

 

Motion: Move to approve

Move: David Finigan

Second: Martha McClure

 

Vote Yea: 4 David Finigan, Martha McClure, Leslie McNamer, Chuck Blackburn

Vote Nay: 0 None

Vote Abstain: 0 None

25. Waive full reading, read by title only and adopt an Urgency Ordinance to Revise the Terms of Members of the Del Norte County Planning Commission as requested by County Counsel.**

Action: DNCO Ordinance 2006-021

 

Motion: Move to approve

Move: Martha McClure

Second: Leslie McNamer

 

Vote Yea: 4 Martha McClure, Leslie McNamer, David Finigan, Chuck Blackburn

Vote Nay: 0 None

Vote Abstain: 0 None

COMMITTEE/ACTIVITY REPORTS:

26. 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 Finigan reported on attending a meeting at the Airport with Congressman Thompson and Congressman DeFazio, attending a Chamber Mixer at the Small Business Development Center, Airport Advisory Commission meeting, RCRC call-in meeting, IGRC meeting and Physician Recruitment and Retention Meeting; Supervisor McClure reported on attending a meeting at the Airport with Congressman Thompson and Congressman DeFazio, TAC meeting, LTCo Meeting and attended a gathering of the new physicians; Supervisor Blackburn commented on attending an EMS meeting, Tri-Agency meeting, Chamber Board of Directors Meeting, met with Tamera Buchanan regarding transportation issues and Visitor Bureau Center Group meeting; and Supervisor McNamer commented on attending a LTCo meeting and attending a lunch provided by the Bar-O Boys.

Supervisor McClure asked that the Future Facilities Goal Committee consider doing an analysis of the road yard need and taking up a discussion of consolidating facilities.

Staff was directed to write a letter to Curry County and the City of Brookings regarding the Airport Joint Powers Agreement.

BUDGET TRANSFERS:

27. Approve a Budget Transfer (11-01) within the Administration Budget in the amount of $6,000.00 as requested by the County Administrative Officer.**

 

Motion: Move to approve

Move: David Finigan

Second: Leslie McNamer

 

Vote Yea: 4 David Finigan, Leslie McNamer, Martha McClure, Chuck Blackburn

Vote Nay: 0 None

Vote Abstain: 0 None

LEGISLATIVE AND BUDGET ISSUES:

28. 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 requested that Board Members submit items for the Legislative Platform for 2007 to be presented at the December 12, 2006 Board of Supervisors Meeting.

CAPITAL PROJECTS:

29. Written Capital Projects Update. Informational only.**

30. Award the contract for the Guardrail and Emergency Gate Installation West of Radio Road at Point Saint George; Authorize the Chair to sign the Agreement with APEX Fence Company, Inc.; and Authorize the County Administrative Officer to execute individual change orders in a total amount not to exceed ten percent (10%) of the contract amount as requested by the Assistant County Administrative Officer.**

Action: DNCO Agreement 2006-199

 

 

Motion: Move to approve

Move: Chuck Blackburn

Second: Martha McClure

 

Vote Yea: 4 Chuck Blackburn, Martha McClure, David Finigan, Leslie McNamer

Vote Nay: 0 None

Vote Abstain: 0 None

ADJOURNMENT

 

 

 

Sherri Adams, Clerk of the Board

County of Del Norte, State of California Date Posted: November 16, 2006

 

 

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