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, December 12, 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, Sarah Sampels and David Finigan

Absent: None

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) seven cases, Denny Haddad, et al v Jurin Construction, et al, Case No. CVUJ 09-1023; County of Del Norte v Beckett et al, Case No. CVUJ 05-1557; Pacific Shores CA Subdivision Water District v Del Norte County, Case No. CVPT 06-1454; County of Del Norte v Richard Reed, et al, Case No. CVUJ 05-1155; Michelle Sutton v Del Norte County, et al, Case No. CVUJ 03-2147; Wendy Ormsby v Del Norte County, Case No, CVUJ 03-1501; and Frank Villarreal v John Gimbel, Case No. CVHS 06-1221. 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 Robert Black, County Counsel.

        Introduction of new employees to the Board of Supervisors.

Action: New employees Amy Peacock and Cindy Henderson were introduced by the Director of the Health and Social Services.

        This Board of Supervisors meeting is conducted in honor of the following employees' service to Del Norte County; Deana Davis, 5 years; Pamela Owen, 15 years; and Lisa Thompson, 20 years.

        Report of any actions from closed session by County Counsel.

Action: County Counsel reported no final 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: Items 36 and 25 were pulled from agenda. No other deletions, corrections or additons were requested.

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.

The Consent Agenda, with Item 3 and Item 4 pulled, was unanimously approved.

 

Motion: Move to approve

Move: Leslie McNamer

Second: Chuck Blackburn

 

Vote Yea: 5 Leslie McNamer, Chuck Blackburn, David Finigan, Martha McClure, Sarah Sampels

Vote Nay: 0 None

Vote Abstain: 0 None

1.     Approve and Adopt the minutes from the November 14, 2006 meeting.**

2.     Approve and Adopt the minutes from the November 21, 2006 special meeting.**

3.     Appoint Supervisor Leslie McNamer to the North Coast Unified Air Quality Management District Board.

Action: This item was pulled at the request of Supervisor Finigan.

4.     Appoint Supervisor Leslie McNamer to the Northern California County Supervisors Association.**

Action: This item was pulled at the request of Supervisor Finigan.

5.     Adopt a Resolution of the Board of Supervisors of the County of Del Norte, State of California Honoring Gerald D. (Jerry) Cochran, Retiring as the Assessor of Del Norte County.**

Action: DNCO Resolution 2006-090

6.     Approve an annual salary step increase within the corresponding salary range for Director of Child Support Services, effective June 18, 2006 as requested by the County Administrative Officer.**

7.     Approve an annual salary step increase within the corresponding salary range for the Interim Chief Probation Officer, effective September 2, 2006 as requested by the County Administration Officer.**

8.     Adopt a Resolution setting the 2005/2006 Property Tax Administration Fees to be charges in 2006/2007 as requested by the Auditor-Controller.**

Action: DNCO Resolution 2006-091

9.     Approve the appointment of Deborah Reynolds as a consumer member to the Del Norte Child Care Planning Council as recommended.**

10. Approve the request from First 5 Del Norte to appoint Michael F. Miller as a Public Member to the Children and Families Commission for a four year term, beginning January 1, 2007.**

11. Approve the First Amendment to the 2005-2006 contract (2005-137) between the County and Sequoia Psychiatric Center for Non-Hospital Acute Psychiatric Care Services as requested by the Assistant Director of Mental Health.**

Action: DNCO Agreement 2006-201

12. Accept the report from the Local Mental Health Board and Authorize the Assistant Director of Mental Health to submit the report to the State Department of Mental Health as requested by the Assistant Director of Mental Health.**

13. Approve the FY 2006-2007 contract between the County and Redwood Children's Services, Inc. in the amount of $42,000.00 for Mental Health Services for eligible out-of-county children placements as requested by the Assistant Mental Health Director.**

Action: DNCO Agreement 2006-202

14. Authorize the Sheriff to enter into an agreement with Sutter Coast Hospital for Health Services as requested by the Sheriff-Coroner.**

Action: DNCO Agreement 2006-203

15. Authorize the Sheriff to enter into a lease agreement with Lynda Pozel to provide a rental home located at: 707 17th Street, Eureka, CA as requested by the Sheriff-Coroner.**

Action: DNCO Agreement 2006-204

16. Approve the proposed amendment with SHN Consulting Engineers& Geologists, Inc. for services associated with Klamath Beach Road Repair Project (2006-064) and Authorize the Chair to sign as requested by the County Engineer.**

Action: DNCO Agreement 2006-205

17. Approve and Authorize the Chair to sign the Amendment to the Disadvantaged Business Enterprise Race-Neutral Implementation Agreement (2006-078) as requested by the Deputy Director of Community Development.**

Action: DNCO Agreement 2006-206

18. Authorize the Chair to sign the agreement for services with the Cultural and Historic Review Services North Coast Information Center at the Yurok Tribe as requested by the Community Development Director.**

Action: DNCO Agreement 2006-207

19. Approve the Agreement and Adopt the Resolution Authorizing the Chief Probation Officer to execute all necessary documents associated with Del Norte County's Mentally Ill Offender Crime Reduction Grant as requested by the Interim Chief Probation Officer.**

Action: DNCO Agreement 2006-215 and DNCO Resolution 2006-092

20. Approve and Authorize the Chair to sign Amendment #1 to Training Agreement EW-2006-06 with University of California, Davis for staff employment services training as requested by the Director of Health and Social Services.**

Action: DNCO Agreement 2006-208

21. Approve and Authorize the Chair to sign the Agreement with Charles Reitterer to provide respite care to supplement the care and supervision of a foster child as requested by the Director of Health and Social Services.**

Action: DNCO Agreement 2006-209

REGULAR ITEMS

SCHEDULED ITEMS:

22. 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: Patti Vernelson gave an update on the Wonder Bus and public comment was heard from Dennis Haddad, Clark Moore and Richard Miles.

23. 10:15 A.M. Public Hearing regarding a request to vacate a portion of a drainage easement APN 115-134-01, 02, 03, 04, 06, 07, 08, 09, 11, 12, 13, 14 & 15 (Roy Tedsen).**

Action: DNCO Resolution 2006-093

The County Engineer gave a brief summary of the request. Public comment was heard from David Weeks.

The Board adopted a Resolution Vacating a Drainage Easement between Darby Street and Endert Street. The Board directed Engineering to look at the entire drainange study for the entire Bertsch Track and the need for easements.

 

Motion: Move to approve

Move: Chuck Blackburn

Second: Martha McClure

 

Vote Yea: 5 Chuck Blackburn, Martha McClure, Leslie McNamer, David Finigan, Sarah Sampels

Vote Nay: 0 None

Vote Abstain: 0 None

24. 10:30 A.M. Public Hearing for Richard Mossholder, Use Permit for an Overheight/Oversize Detached Accessory Building (UP0706C, APN 112-122-12).**

Action: The Commmunity Development Department presented a summary of the project. Public comment was heard from Joseph Lavender, Robert Daly, Julie Meese and the property owner, Richard Mossholder.

After discussion by the Board and on a motion by Supervisor Finigan, seconded by Supervisor McNamer, the Board unanimously approved to uphold the appeal and deny the use permit for an overheight/oversize detached accessory building.

 

Motion: Move to approve

Move: David Finigan

Second: Leslie McNamer

 

Vote Yea: 5 David Finigan, Leslie McNamer, Martha McClure, Chuck Blackburn, Sarah Sampels

Vote Nay: 0 None

Vote Abstain: 0 None

25. 11:05 A.M. Public Hearing for Richard and Helen Brown, Minor Subdivision. Approve the request for Waiver of Conditions #15 (road improvements), APN 116-170-03 (MS0619).**

Action: This item was pulled at the request of the agent for the applicant.

26. 11:15 A.M. Public Hearing for Robert Lesina, Minor Subdivision request for appeal of condition 7. APN 116-051-19 (MS0703C).**

Action: The County Engineer gave a brief summary. Public comment was heard from JoAnne Smith.

After discussion by the Board and on a motion by Supervisor McClure, seconded by Supervisor Fingian, the Board unanimously approved the waiver of condition #15 (road improvements).

 

Motion: Move to approve

Move: Martha McClure

Second: David Finigan

 

Vote Yea: 5 Martha McClure, David Finigan, Leslie McNamer, Chuck Blackburn, Sarah Sampels

Vote Nay: 0 None

Vote Abstain: 0 None

27. 11:30 A.M. Public Hearing Nancy Snyder Rezone, R0702, (APN 117-095-09, 07, 12, and 13).**

Action: DNCO Ordinance 2006-022

The Community Development Department gave a brief summary. Public comment was heard from the property owner Nancy Snyder and Jose Cueva.

The Board adopted an Ordinance Replacing Non-Coastal Zoning Map B-9 Pursuant to Chapter 20.52 of the Del Norte County Code.

 

Motion: Move to approve

Move: David Finigan

Second: Martha McClure

 

Vote Yea: 5 David Finigan, Martha McClure, Leslie McNamer, Chuck Blackburn, Sarah Sampels

Vote Nay: 0 None

Vote Abstain: 0 None

28. 12:00 P.M. BREAK FOR LUNCH

29. 1:15 P.M. As requested by the Assistant Director of Mental Health:

Adopt a Resolution Supporting the Reclassification of "Alcopops" Type Flavored Malt Beverages from a Beer/Wine Product to a Distilled Spirit Product.

Authorize the Assistant Director of the Mental Health/Alcohol and Drug Programs to sign the application and agreement for a one time funding of $5,000.00 for the "It Doesn't Have to Happen Here" Program.

Action: DNCO Resolution 2006-094 DNCO Agreement 2006-016

The Friday Night Live program gave a presentation on "Alcopops" type beverages.

30. 1:30 P.M. Receive and file the letter from Legal Representative of Pacific Shores Lot Owner; Permit the attorney for Ms. Curtis to address the Board on speaker phone as requested by County Counsel.**

Action: Sheridan Pauker, from Shute, Mihaly and Weinberger, LLP, Attorneys at Law, addressed the board by speakerphone. Public comment was heard from Wendell Wood. No action was taken by the Board.

31. 2:00 P.M. Presentation by Don Peterson, Peterson Consulting.

Action: Don Peterson submitted a report regarding the Governor's Final Actions of Legislation affecting Del Norte County and made a presentation to the Board.

GENERAL GOVERNMENT:

32. Adopt a Resolution Appointing Dohn Henion as County Counsel of Del Norte County.**

Action: DNCO Resolution 2006-095

Supervisor McNamer recused herself from this item.

 

Motion: Move to approve

Move: Chuck Blackburn

Second: Martha McClure

 

Vote Yea: 3 Chuck Blackburn, Martha McClure, Sarah Sampels

Vote Nay: 1 David Finigan

Vote Abstain: 1 Leslie McNamer

33. Approve the breaching of Lake Earl at the level of 8 feet MSL or greater, as part of the Army Corps Permit Number 279850N as requested by the County Engineer.**

 

Motion: Move to approve

Move: Chuck Blackburn

Second: Leslie McNamer

 

Vote Yea: 5 Chuck Blackburn, Leslie McNamer, David Finigan, Martha McClure, Sarah Sampels

Vote Nay: 0 None

Vote Abstain: 0 None

34. Award the ARFF Facility Construction bid to Malloroy Construction in the amount of $857,550.00 to build the CEC ARFF Facility as redesigned, to include two bays in a 3,209 sq. ft. building and Authorize the County Airport Manager to execute individual change orders in an aggregate amount not to exceed a maximum ten percent (10%) of the contract amount ($85,755.00) as requested by the Airport Manager.**

Action: DNCO Agreement 2006-210

 

Motion: Move to approve

Move: David Finigan

Second: Martha McClure

 

Vote Yea: 5 David Finigan, Martha McClure, Chuck Blackburn, Leslie McNamer, Sarah Sampels

Vote Nay: 0 None

Vote Abstain: 0 None

35. Approve the scope of work submitted by our airport consultants, URS Corporation not to exceed $275,000.00 to complete an RSA study for Jack McNamara Field as requested by the Airport Manager.**

Action: The Board approved the scope of work and authorized the Count Airport Manager to execute individual change orders in an aggregate amount not to exceed a maximum ten percent (10%) of the contract amount ($27,500.00).

 

Motion: Move to approve

Move: David Finigan

Second: Leslie McNamer

 

Vote Yea: 5 David Finigan, Leslie McNamer, Chuck Blackburn, Martha McClure, Sarah Sampels

Vote Nay: 0 None

Vote Abstain: 0 None

36. Consider the request from Stover Engineering for a contract amendment to Del Norte County Agreement (2004-50) in the amount $9,000.00 for Construction Engineering services on the Elk Valley Road construction project and take action as necessary as requested by the Deputy Director of Community Development.**

Action: This item was pulled.

37. Approve the expenditure of Title III funds in the amount of up to $14,163.00 for the Del Norte County Sheriff's Department Search and Rescue as requested by the Director of Community Development.**

 

Motion: Move to approve

Move: Martha McClure

Second: Chuck Blackburn

 

Vote Yea: 5 Martha McClure, Chuck Blackburn, Leslie McNamer, David Finigan, Sarah Sampels

Vote Nay: 0 None

Vote Abstain: 0 None

38. Authorize the Sheriff to enter into a lease agreement with CaLease Public Funding Corporation to provide funding for 9 new vehicles and an upgrade to the jail's control pod as requested by the Sheriff-Coroner.**

 

Motion: Move to approve

Move: Chuck Blackburn

Second: David Finigan

 

Vote Yea: 5 Chuck Blackburn, David Finigan, Martha McClure, Leslie McNamer, Sarah Sampels

Vote Nay: 0 None

Vote Abstain: 0 None

39. Grant approval for sale by the Tax Collector of Tax-Defaulted Property Subject to the Power of Sale by Public Auction as requested by the Treasurer Tax Collector.**

 

Motion: Move to approve

Move: Martha McClure

Second: David Finigan

 

Vote Yea: 5 Martha McClure, David Finigan, Chuck Blackburn, Leslie McNamer, Sarah Sampels

Vote Nay: 0 None

Vote Abstain: 0 None

LAND USE:

40. Approve the Final Subdivision Map (Phase 2 & 3) of the Green Side Estates Subdivision (Del Norte Golf Course Associates) MJ0201 and Authorize the Clerk of the Board to sign as requested by the County Engineer.**

 

Motion: Move to approve

Move: Leslie McNamer

Second: Chuck Blackburn

 

Vote Yea: 5 Leslie McNamer, Chuck Blackburn, Martha McClure, David Finigan, Sarah Sampels

Vote Nay: 0 None

Vote Abstain: 0 None

41. Approve the Final Subdivision Map (Phase 1) of the Hidden Creek Subdivision (RBS Washington Boulevard/Summer Lane LLC, MJ0602) and Authorize Clerk of the Board to sign as requested by the County Engineer.**

 

Motion: Move to approve

Move: Martha McClure

Second: Chuck Blackburn

 

Vote Yea: 5 Martha McClure, Chuck Blackburn, David Finigan, Leslie McNamer, Sarah Sampels

Vote Nay: 0 None

Vote Abstain: 0 None

42. Consider a request from Richard and Lorraine Garvin regarding the Redwood West Subdivision plan for proving livestock fencing. Take action as necessary.**

Action: Supervisor Finigan recused himself from this item. Comments were heard from Lorraine Garvin, Jan Sirchuk and Richard Garvin.

No action was taken on this item.

COMMITTEE/ACTIVITY REPORTS:

43. 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: No reports were given.

BUDGET TRANSFERS:

44. Approve a Budget Transfer (11-02) within the Child Support Services Budget in the amount of $19,500.00 as requested by the Director of Child Support Services.**

 

Motion: Move to approve

Move: David Finigan

Second: Leslie McNamer

 

Vote Yea: 5 David Finigan, Leslie McNamer, Martha McClure, Chuck Blackburn, Sarah Sampels

Vote Nay: 0 None

Vote Abstain: 0 None

45. Approve a Budget Transfer (11-03) within the Assessor Budget in the amount of $5,000.00 as requested by the County Assessor.**

 

Motion: Move to approve

Move: Leslie McNamer

Second: Chuck Blackburn

 

Vote Yea: 5 Leslie McNamer, Chuck Blackburn, Martha McClure, David Finigan, Sarah Sampels

Vote Nay: 0 None

Vote Abstain: 0 None

46. Approve a Budget Transfer (12-01) within the Probation Budget accepting Juvenile Justice Crime Prevention Act funds in the amount of $12,266.00 as requested by the Interim Chief Probation Officer.**

 

Motion: Move to approve

Move: Leslie McNamer

Second: Martha McClure

 

Vote Yea: 5 Leslie McNamer, Martha McClure, Chuck Blackburn, David Finigan, Sarah Sampels

Vote Nay: 0 None

Vote Abstain: 0 None

47. Approve a Budget Transfer (12-02) within the Community Development Department Budget in the amount of $2,000.00 as requested by the Director of Community Development.**

 

Motion: Move to approve

Move: Leslie McNamer

Second: Martha McClure

 

Vote Yea: 5 Leslie McNamer, Martha McClure, Chuck Blackburn, David Finigan, Sarah Sampels

Vote Nay: 0 None

Vote Abstain: 0 None

48. Approve a Budget Transfer (12-03) within the District Attorney Budget in the amount of $1,500.00 as requested by the District Attorney.**

 

Motion: Move to approve

Move: Chuck Blackburn

Second: David Finigan

 

Vote Yea: 5 Chuck Blackburn, David Finigan, Martha McClure, Leslie McNamer, Sarah Sampels

Vote Nay: 0 None

Vote Abstain: 0 None

LEGISLATIVE AND BUDGET ISSUES:

49. 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.

50. Review and comment on the 2007 draft County Legislative Platform as presented. Direct staff to make any changes and return with final document for adoption at the next regular meeting as requested by the County Administrative Officer.**

Action: The Board approved the 2007 Legislative Platform with three additional items as requested.

 

Motion: Move to approve

Move: Chuck Blackburn

Second: Leslie McNamer

 

Vote Yea: 5 Chuck Blackburn, Leslie McNamer, Martha McClure, Sarah Sampels, David Finigan

Vote Nay: 0 None

Vote Abstain: 0 None

CAPITAL PROJECTS:

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

52. Consider an amendment to the services portion of the contract with Parker Construction for the Veteran's Hall as requested by the Assistant County Administrative Officer.**

Action: Comments were heard from Jerry Cochran, Stan Jones and Richard Miles.

After discussion by the Board, on a motion by Supervisor McNamer, seconded by Supervisor Blackburn, the Board unanimously directed staff to renegotiate an amendment to the services (conversion of the existing men's room) portion of the contract with Parker Construction and authorized the Chair to sign the amendment.

 

Motion: Move to approve

Move: Leslie McNamer

Second: Chuck Blackburn

 

Vote Yea: 5 Leslie McNamer, Martha McClure, Sarah Sampels, David Finigan, Chuck Blackburn

Vote Nay: 0 None

Vote Abstain: 0 None

BOARD OF EQUALIZATION

53. 11:00 A.M. Acting as the State Board of Equalization, Hearing for Application for Change of Assessment - APN118-313-21 (Taylor).**

Action: Mr. Taylor requested a continuance of the hearing. The Clerk of the Board was directed to continue the hearing to March 13, 2007 at 11:00 A.M.

ADJOURNMENT

 

 

 

Sherri Adams, Clerk of the Board

County of Del Norte, State of California Date Posted: December 15, 2006

 

 

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