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 09, 2007

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.

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) five 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; Michelle Sutton v Del Norte County, et al, Case No. CVUJ 03-2147; Wendy Ormsby v Del Norte County, Case No, CVUJ 03-1501. IV) Initiation of litigation pursuant to subdivision (c) of Section 54956.9, 3 cases. Pursuant to Government Code 54997, conduct the annual evaluation of the Director, Bar-O Ranch.

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 Finigan.

        Introduction of new employees to the Board of Supervisors.

Action: New employee's Mary Helen Wheat and Lenora Wallace were introduced by the Director of Health and Social Services.

        This Board of Supervisors meeting is conducted in honor of the following employee's service to Del Norte County; Joe Garcia, 5 Years.

        Report of any actions from closed session by County Counsel.

Action: County Counsel reported no actions on litigation were taken in Closed Session. The County Administrative Officer reported that it was moved by Supervisor McClure, seconded by Supervisor Hemmingsen to waive the waiting period for health insurance for County Counsel and was unanimously approved by the Board.

        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.

        Nomination and election of the Board of Supervisors Chairman and Vice-Chairman for 2007.

Action: Supervisor McClure nominated Supervisor McNamer for Chair, seconded by Supervisor McNamer and on a 2-3 vote with Supervisors McClure and McNamer voting "yes" and Supervisors Finigan, Sulllivan and Hemmingsen voting "no" the motion failed. Supervisor Sullivan nominated Supervisor Finigan for Chair, seconded by Supervisor Hemmingsen and the Board unanimously named Supervisor Finigan Chairman of the Board. Supervisor Sullivan nominated Supervisor McNamer as Vice-Chair, seconded by Supervisor Hemmingsen and the Board unanimously named Supervisor McNamer Vice-Chair of the Board.

CONSENT AGENDA

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

Action: Public comment on the Consent Agenda was heard from Armand Trinitopoli and Richard Miles. Supervisor Sullivan asked for discussion on Items 14 and 19. Supervisor Finigan commented on Item 13. The Consent Agenda, Items 1 through 23, was adopted unanimously.

 

Motion: Move to approve

Move: Leslie McNamer

Second: Gerry Hemmingsen

 

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

Vote Nay: 0 None

Vote Abstain: 0 None

1.     Approve and Adopt the minutes from the December 12, 2006 meeting.**

2.     Approve and Adopt the minutes from the December 19, 2006 special meeting.**

3.     Adopt a Resolution of the Board of Supervisors of the County of Del Norte, State of California Honoring Sarah Sampels, Supervisor, District 4 of Del Norte County.**

Action: DNCO Resolution 2006-001

4.     Adopt a Resolution of the Board of Supervisors of the County of Del Norte, State of California Honoring Chuck Blackburn, Retiring Supervisor, District 3 of Del Norte County.**

Action: DNCO Resolution 2006-002

5.     Appoint Supervisor Gerry Hemmingsen to the Northwest California Conservation & Development Council Inc.**

6.     Appoint Chris Howard and Keith Restad to the Planning Commission as requested by Supervisor Sullivan and Supervisor Hemmingsen.**

7.     Designate the positions of Executive Management, Management and Mid-Management as those positions within the County that must comply with the provisions of AB 1234. Require that those positions so designated provide proof of compliance and file a copy of their completion certificate with the County Personnel Department as requested by the County Administrative Officer.**

8.     Approve and Adopt a Resolution of Benefit Assignment to Sheriff's Unrepresented Classifications as requested by the County Administrative Officer.**

Action: DNCO Resolution 2007-003

9.     Approve and Authorize the Chair to sign the Side Letter Agreement between the Del Norte County Sheriff's Employees Association and the County of Del Norte to provide a recruitment incentive for the classification of Deputy Sheriff/Coroner as requested by the County Administrative Officer.**

Action: DNCO Agreement 2007-001

10. Approve and Authorize the Chair to sign the agreement with Sutter Coast Hospital for Health Services provided by the hospital to wards of the court as requested by the County Administrative Officer.**

Action: DNCO Agreement 2007-002

11. Approve the conversion from Limited Term to Permanent Position, Deputy District Attorney at Range 63, Step C as requested by the District Attorney.**

12. Approve the appointments of the recommendation of the Library District and of the nominated positions of the Harbor District as requested by the County Clerk-Recorder, Registrar of Voters.**

13. Approve the letterhead to be used for future correspondence for the Fish and Game Advisory Commission as requested by the Fish and Game Advisory Commission Chairman.**

Action: Supervisor Finigan asked the Monica Hiner be listed as District 5. Staff was directed to post the remaining vacancies.

14. Approve and Authorize the contract between the County and the Humboldt County Board of Supervisors, Humboldt County Department of Health and Human Services, Social Services Branch, Public Guardian Division as requested by the Assistant Director of Mental Health.**

Action: DNCO Agreement 2007-003

Supervisor Sullivan pulled item for discussion.

15. Approve and Authorize the Chair to sign the contract between the County and Women's Recovery Services for the FY 06-07 period as requested by the Assistant Director of Mental Health.**

Action: DNCO Agreement 2007-004

16. Approve and Authorize the Chair to sign the contract between the County and Raphaelle A. Butler, MD Psychiatric Consultant as requested by the Assistant Director of Mental Health.**

Action: DNCO Agreement 2007-005

17. Approve and Authorize the Chair to sign the contract between the County and Robert Soper, M.D., Psychiatric Consultant as requested by the Assistant Director of Mental Health.**

Action: DNCO Agreement 2007-006

18. Approve and Authorize the Chair to sign the 2006-2007 contract between County and Sequoia Psychiatric Center for Non-Hospital Acute Psychiatric Care Services as requested by the Assistant Director of Mental Health.**

Action: DNCO Agreement 2007-007

19. Approve and Authorize the Assistant Director of Mental Health to sign the lease agreement between Del Norte County Department of Mental Health and the Community Assistance Network for office space at 343/345 G Street from January 1 2007 through December 1, 2008 as requested by the Assistant Director of Mental Health.**

Action: DNCO Agreement 2007-008

Supervisor Sullivan pulled this item for discussion.

20. Approve and Authorize the Chair to sign the Agreement with the American Red Cross Del Norte County Chapter (ARCDN) for the provision of Hospital Bioterrorism Preparedness Equipment, Supplies and Resources as requested by the Director of Health and Social Services.**

Action: DNCO Agreement 2007-009

21. Approve and Authorize the Chair to sign the Agreement #PQ-2006-06 with the University of California, Davis (UC Davis) for Peer Quality Case Review (PCQR) staff technical assistance not to exceed $14,000.00 as requested by the Director of Health and Social Services.**

Action: DNCO Agreement 2007-010

22. Approve and Authorize the Chair to sign the Amendment to Agreement (2006-030) with the National Council on Crime and Delinquency for Structured Decision Making (SDM) services as requested by the Director of Health and Social Services.**

Action: DNCO Agreement 2007-011

23. Approve and Authorize the Chair to sign the contract between the County and Peter Martin for Temporary Child Support Attorney Services as requested by the Director of Child Support Services.**

Action: DNCO Agreement 2007-012

REGULAR ITEMS

SCHEDULED ITEMS:

24. 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 Laura Mayo and Richard Miles.

25. 10:15 A.M. Consider writing a letter of support to Assemblymember Berg to dedicate a portion of US 101 to slain California Highway Patrol Officer Ernest R. Felio as requested by D. Jordan, Lieutenant Commander California Highway Patrol.**

Action: Lieutenant Commander Don Jordan made a brief presentation to the Board asking for a letter of support to Assemblymember Patty Berg to dedicate a portion of 101 between Doctor Ernest M. Fine Bridge and the Oregon State Line. Staff was directed to write the letter of support to Assemblymember Berg.

 

Motion: Move to approve

Move: Martha McClure

Second: Michael Sullivan

 

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

Vote Nay: 0 None

Vote Abstain: 0 None

26. 10:45 A.M. Continuation of Nuisance Abatement Hearing for the Patricia Jaffer, et al for the Property at 1810 Riverside Drive, Crescent City, CA, Assessor's Parcel Number 110-010-11.**

Action: Sworn testimony was heard from the Code Enforcement Officer Dave Mason, Maja Nichol, the resident on the property, and Community Development Director Ernest Perry. On a motion by Supervisor Sullivan and seconded by Supervisor Hemmingsen, the Board unanimously confirmed the existence of a nuisance and that the owners and occupants cease the unpermitted use of the property and that all residence(s)/structure(s) be removed from the property within 30 days. In the event such an abatement is not completed within the terms set by the Board, the enforcement official shall be empowered and authorized to abate the nuisance.

 

Motion: Move to approve

Move: Michael Sullivan

Second: Gerry Hemmingsen

 

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

Vote Nay: 0 None

Vote Abstain: 0 None

27. 11:15 A.M. Approve and Authorize the Chair to sign the Certification Statement Regarding the Composition of Local Child Care Planning Council Members. Doreen Wells, Coordinator of the Del Norte Local Child Care Planning Council will be giving a presentation to the Board regarding the Economic Impact of the Child Care Industry in Del Norte County.**

Action: Doreen Wells, Coordinator of the Del Norte Local Child Care Planning Council, gave a presentation on the Economic Impact of the Child Care Industry in Del Norte County.

 

Motion: Move to approve

Move: Michael Sullivan

Second: Leslie McNamer

 

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

Vote Nay: 0 None

Vote Abstain: 0 None

GENERAL GOVERNMENT:

28. Approve the annual renewal with Delta Health Systems that provides administrative services for the County's Health Care Benefit Plan; Approve the Agreement with RE Moulton that provides reinsurance for stop loss coverage and life insurance benefits; and Authorize the County Administrative Officer to sign the agreements for the 2006/07 plan year as requested by the County Administrative Officer.**

Action: DNCO Agreements 2007-013 and 2007-014

 

Motion: Move to approve

Move: Leslie McNamer

Second: Martha McClure

 

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

Vote Nay: 0 None

Vote Abstain: 0 None

29. Waive full reading, read by title only and adopt an Ordinance of the Del Norte County Board of Supervisors Amending Chapter 2.04, Section 2.04.030 of the Del Norte County Code Establishing Compensation Scale for the Del Norte County Board of Supervisors.**

Action: The ordinance required a 4/5ths vote to approve and was not adopted by the Board.

 

Motion: Move to adopt

Move: Leslie McNamer

Second: David Finigan

 

Vote Yea: 3 Leslie McNamer, David Finigan, Martha McClure

Vote Nay: 2 Michael Sullivan, Gerry Hemmingsen

Vote Abstain: 0 None

30. Informational only. Acknowledge receipt of report regarding changes made to the California Work Opportunity and Responsibility to Kids (CalWORKS) program in response to the Temporary Assistance for Needy Families (TANF) Reauthorization provisions of the Federal Deficit Reduction act of 2005 as requested by the Director of Health and Social Services.**

Action: The Director of Health and Social Services introduced Doug Morgan, Community Assistance Network, Chris McCollum, Del Norte Local Child Care Planning Council and Larry Lakes, Rural Human Services. Comment was heard from Richard Miles.

31. Informational only. Acknowledge the Del Norte County Department of Health and Social Services (DHSS) Adult Services Unit receiving the Area 1 Agency on Aging Senior Friends Award for 2006 as requested by the Director of Health and Social Services.**

Action: The Director of Health and Social introduced Deanna Perry-Ellis, Mary Young and Amber Davis.

32. Authorize the Airport Manager to sign the applications for the amendment to the existing Passenger Facility Charge Application No. 00-02-C-01-CEC and for the new Passenger Facility Charge Application to be submitted for processing and approval by the Federal Aviation Administration (FAA) as requested by the Airport Manager.**

Action: The Airport Manager briefly explained the passenger facility charge. Comments were heard from Supervisor Finigan.

 

Motion: Move to approve

Move: Gerry Hemmingsen

Second: Leslie McNamer

 

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

Vote Nay: 0 None

Vote Abstain: 0 None

COMMITTEE/ACTIVITY REPORTS:

33. 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 Hemmingsen commented on attending an RCRC meeting in Sacramento outlining prison expansion, attending a meeting on that outlined mitigation fees and attended the CSAC New Supervisors Institute; Supervisor McClure reported on attending an Aviation Advisory Commission meeting and commented on HR 17, the Secure Rural Schools and Community Self Determination Reauthorization Act of 2007; Supervisor McNamer reported on attending meetings in Sacramento regarding prison expansion; Supervisor Sullivan commented on attending the New Supervisors Institute, commented on HR 17 and the need for the Board of Supervisors to participate in Washington DC with the School District, attending the Airport Marketing Meeting and attending a Recreation Department Youth Basketball game; and Supervisor Finigan reported on attending a RCRC Executive Board Meeting, CASA Banquet, First 5 meetings to award the bid for the Family Resource Center and the Letter of Intent with the contractor with the grand opening tentatively scheduled for June, attending the CSAC Annual Conference and met with Senator Aanestad and the Governor's Office and commented on meetings for Travel and Tourism will be held in Folsom on January 18 and 19 and in Willits on January 26.

Staff was directed to come up with justification for more mitigation fees than the offer of $440,000.00.

Staff was directed to create a list of priorities for infrastructure and transportation for state funding to forward to Senator Aanestad's office.

BUDGET TRANSFERS:

34. Approve a Budget Transfer (01-01) within the Capital Projects and FEMA/OES Budgets in the amount of $500,000.00 to allow for beginning the repair process for the Roy Rook Boat Ramp as requested by the County Administrative Officer.**

 

Motion: Move to approve

Move: Martha McClure

Second: Leslie McNamer

 

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

Vote Nay: 0 None

Vote Abstain: 0 None

35. Approve a Budget Transfer (01-02) within the Drug and Alcohol Budget in the amount of $30,000.00 as requested by the Assistant Director of Mental Health.**

 

Motion: Move to approve

Move: Leslie McNamer

Second: Martha McClure

 

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

Vote Nay: 0 None

Vote Abstain: 0 None

36. Approve a Budget Transfer (01-03) within the Capital Improvement Fund, recreation Department to the Capital Improvement Fund, Pyke Field Improvements in the amount of $6,900.00 as requested by the Assistant County Administrative Officer.**

 

Motion: Move to approve

Move: Leslie McNamer

Second: Martha McClure

 

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

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: No items were considered.

CAPITAL PROJECTS:

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

ADJOURNMENT

 

 

 

Sherri Adams, Clerk of the Board

County of Del Norte, State of California Date Posted: January 17, 2007

 

 

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