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 23, 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.

Comments from members of the public may be heard at this time regarding matters on the Closed Session items only.

 

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) 11 cases, Denny Haddad, et al v Jurin Construction, et al, Case No. CVUJ 06-1023; 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 06-2147; Wendy Ormsby v Del Norte County, Case No, CVUJ 03-1501; Frank Villarreal v John Gimbel Case No. CVHS 06-1221; Paul King re Virginia King, Claim No. DEL 06-004; Linda Loughridge, Claim No. DEL 06-012; Burns v County of Del Norte, et al., Case No. CVUJ 03-1529; and Estate of Joseph William Edward Alberts, Case No. C 05-03216 MJJ; 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, Community Development Department.

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 McClure.

        Introduction of new employees to the Board of Supervisors.

Action: No new employees were introduced.

        This Board of Supervisors meeting is conducted in honor of the following employees' service to Del Norte County; Doyle Holcomb, 5 years and Jeannine Galatioto, 25 years.

        Report of any actions from closed session by County Counsel.

Action: County Counsel reported no 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.

Action: No deletions, corrections or additions were requested.

CONSENT AGENDA

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

Action: Supervisor Hemmingsen pulled Item 4 and Supervisor McClure pulled item 13 for separate discussion. The Consent Agenda, items 1 - 3 and items 5 - 12 were 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 January 9, 2007 meeting.**

2.     Approve and Adopt the minutes from the January 16, 2007 special meeting.**

3.     Approve and Adopt the minutes from the December 27, 2005 meeting that were not previously approved.**

4.     Approve the following appointments to the Aviation Advisory Commission: Ross Duncan, Professional Aviation position; Richard Davis, General Aviation position; and Terry McNamara and Richard Enea to the two alternate positions as requested by the Airport Manager.**

Action: Supervisor Hemmingsen pulled item for separate discussion. After discussion, the board unanimously approved the appointments of Ross Duncan, Richard Davis, and Richard Enea. The appointment of Terry McNamara was not approved at this time due to potential conflict of interest. County Counsel was directed to write a letter to the Airport Advisory Commission regarding the non-appointment and reasons for denial.

 

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

5.     Approve and Authorize the Chair to sign the Bar-O Ranch Placement Agreement with Siskiyou County as requested by the Director of the Bar-O Boys Ranch.**

Action: DNCO Agreement 2007-018

6.     Proclaim the week of February 18 - 24 2007 as Engineer's Week.**

7.     Approve and Adopt a Resolution Approving the Application and Authorizing Execution of a Grant Contract with the California Arts Council as requested by the Del Norte Association for Cultural Awareness.**

Action: DNCO Resolution 2007-005

8.     Approve and Adopt a Resolution Expressing Appreciation and Commendation for the many Accomplishments of the Del Norte Association for Cultural Awareness as requested by the Del Norte Association for Cultural Awareness.**

Action: DNCO Resolution 2007-006

9.     Approve and Adopt a Resolution Appointing Members of the Del Norte County Law Library Board of Trustees as requested by County Counsel.**

Action: DNCO Resolution 2007-007

10. Approve and Authorize the Chair to sign the Veterans Affairs Subvention Certificate of Compliance and the Medi-Cal Certificate of Compliance as requested by the County Administrative Officer.**

11. Approve and Authorize the Chair to sign the Declaration of Intent Not to Contract for Medical Services Appropriation (EMSA) funds for fiscal year 2006/07 and Authorize the State to administer the funds on behalf of the County as requested by the Director of Health and Social Services.**

12. Approve and Authorize the Chair to sign the Amendment to Agreement (2006-209) between the County and 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 2007-019

13. Approve and Authorize the Chair to sign the Agreement between the County and Del Norte Ambulance for the provision of Hospital Bioterrorism Preparedness Equipment, Supplies and resources for fiscal year 2006-07 as requested by the Director of Health and Social Services.**

Action: DNCO Agreement 2007-020

Supervisor McClure pulled this item for separate discussion. Supervisor Sullivan recused himself from this item. After discussion, the board approved the contract with a change to Attachment A, Scope of Work to include "Contractor may use supplies for nonbioterrorism purposes when those items are approaching the expiration of their useful life and Contractor must immediately replace them."

Staff was directed to develop an MOU on usage and sharing with the Fire Districts.

 

Motion: Move to approve

Move: Martha McClure

Second: Leslie McNamer

 

Vote Yea: 4 Martha McClure, Leslie McNamer, Gerry Hemmingsen, David Finigan

Vote Nay: 0 None

Vote Abstain: 1 Michael Sullivan

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: Comments were heard from Richard Miles and Armand Trinitopoli.

15. 10:15 A.M. Adjourning as the Board of Supervisors and Acting as the Board of Equalization, Hear a request for Application for Change of Assessment - APN 108-231-19 (Patrick M. Lynch).**

Action: The Board of Supervisors adjourned and reconvened as the Board of Equalization. Sworn testimony was given and written evidence was provided by Bart Bailey, Appraiser from the Assessor's Office. The Applicant was not present. The Board took no action, upholding the current assessment on APN 108-231-19.

16. 10:45 A.M. Nuisance Abatement Hearing for the Judy V. Wangerin property at 1720 Parkway Drive, Crescent City, CA, Assessor's Parcel Number, 116-262-20.**

Action: Sworn testimony was heard from the Code Enforcement Officer and Britton Mode, the property owner's son. After discussion, the Board confirmed the existence of a nuisance and directed the Planning and the Building Departments to perform a visual inspection of the property immediately to determine whether or not that the items that permits were taken out for have been corrected. During the next 30 days, allow corrective items as far as the junkyard, dismantling and non-conforming uses to be corrected and proper permits and/or variances applied for. The Code Enforcement Officer is to report back to the Board on February 27, 2007 on the status of the property.

 

Motion: Move to approve

Move: Leslie McNamer

Second: Michael Sullivan

 

Vote Yea: 4 Leslie McNamer, Michael Sullivan, Gerry Hemmingsen, David Finigan

Vote Nay: 1 Martha McClure

Vote Abstain: 0 None

GENERAL GOVERNMENT:

17. Approve and Authorize the Chair to sign the Amendment to the Agreement (2006-037) between the County of Del Norte and Whitlock & Weinberger Transportation, Inc. as requested by the County Engineer.**

Action: DNCO Agreement 2007-021

 

Motion: Move to approve

Move: Martha McClure

Second: Leslie McNamer

 

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

Vote Nay: 0 None

Vote Abstain: 0 None

18. Approve and Authorize the Chair to sign the Agreement for Services between the County of Del Norte and Blue Star Gas as requested by the Assistant County Administrative Officer.**

Action: DNCO Agreement 2007-022

 

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

19. Approve the consolidation of Mental Health/Drug and Alcohol and Health and Social Services; Approve the organizational chart and appoint Gary Blatnick as Director of the new agency; Direct staff to return at the next Board of Supervisors meeting with a recommendation on salary compensation; and Direct staff to establish a transition team comprised of employees from all affected divisions of the newly created agency and two members of the Mental Health Advisory Board as requested by the County Administrative Officer.**

Action: The County Administrative Officer gave a brief overview of the consolidation. Comments were heard from Richard Miles, Sheriff Wilson, Doug Morgan, Director of the Community Assistance Network, Raphaelle Butler, Christie Babich, Auditor-Controller, Al Smith, Director of the Bar-O Boys Ranch, and Chuck Dupres. After discussion, the Board unanimously approved the consolidation. A friendly amendment was added to include a three and six month evaluation of the consolidation by the transition team and the employees.

 

Motion: Move to approve

Move: Leslie McNamer

Second: Gerry Hemmingsen

 

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

Vote Nay: 0 None

Vote Abstain: 0 None

20. Direct Staff to prepare and submit comments addressing the Environmental Assessment prepared for the Smith River NRA Road Management and Route Designation and Authorize the Chair to sign a comment letter as requested by the Assistant County Administrative Officer.**

Action: The Assistant County Administrative Officer provided a brief overview of this item. Comments were heard from Armand Trinitopoli.

 

Motion: Move to approve

Move: Martha McClure

Second: Gerry Hemmingsen

 

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

Vote Nay: 0 None

Vote Abstain: 0 None

21. Consider sending a letter to the US Fish and Wildlife Service regarding certain key locations, important to recreational access and waterfowl management, be excluded from the final critical habitat designation as requested by the Fish & Game Advisory Commission.**

Action: Frank Galea, Fish & Game Advisory Commission representative provided comment on the letter. Public comment was heard for Armand Trinitopoli, Richard Miles and Ron Plechaty. Staff was directed to rework the letter to include the breach site and any other designated or undesignated areas of concern.

 

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

22. Add and/or Modify the Board of Supervisors Appointments to Committees, Organizations and Agencies.**

Action: Supervisor Hemmingsen was appointed to the Mental Health Advisory Board and Supervisor Finigan was appointed to the Treasury Oversight Committee.

 

Motion: Move to approve

Move: Michael Sullivan

Second: Leslie McNamer

 

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

Vote Nay: 0 None

Vote Abstain: 0 None

COMMITTEE/ACTIVITY REPORTS:

23. 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 Workforce Investment Board (WIB) meeting and a meeting for the Youth Center Feasibility Study; Supervisor Sullivan reported on attending the Chamber Dinner and a meeting with Skywest and members of the Marketing Committee; Supervisor McClure commented on attending the Chamber Dinner, spoke with Assemblymember Berg regarding CalTrans and an aging plan and evaluation of services, reported on the progress of the Tall Ships Celebration and that the Historical Society has taken over the planning of the celebration, the Ruby Vandeventer project is moving forward and over the next few months the Juvenile Justice Committee will be conducting an analysis of services for children; Supervisor Hemmingsen reported on attending a Healthy Workforce meeting that included information regarding customer service training, exit surveys and the employee banquet; and Supervisor Finigan reported on attending the IGRC meeting and that they would be adding the Fair Board and stated that the Board of Supervisors will be holding joint meetings with all IGRC districts, attended the LTCO and RCTA meetings, met with the Northern California Association of Non-Profits, attended a RCRC Executive Board Meeting by phone, met with John Irwin and Kim Schmidt regarding broadband and attended the Chamber Dinner.

Directed the Clerk of the Board to continue to update the list of committees and reporting dates. At future meetings, Board Members will be reporting, in depth, what the committees are doing to help improve the community.

February 5, 2007 at 5:00 p.m., there will be a joint session with the City Council to talk about community. This will take place before the regular meeting of the City Council.

BUDGET TRANSFERS:

24. Approve a Budget Transfer (01-04) within the Sheriff's Operating Budget in the amount of $14,162.00 as requested by the Sheriff-Coroner.**

 

Motion: Move to approve

Move: Gerry Hemmingsen

Second: Leslie McNamer

 

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

Vote Nay: 0 None

Vote Abstain: 0 None

25. Approve a Budget Transfer (01-05) within the Jail and Patrol Operating Budgets for $205,389.00 as requested by the Sheriff-Coroner.**

 

Motion: Move to approve

Move: Gerry Hemmingsen

Second: Leslie McNamer

 

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

Vote Nay: 0 None

Vote Abstain: 0 None

LEGISLATIVE AND BUDGET ISSUES:

26. Consider miscellaneous legislative and budget 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 discussed.

CAPITAL PROJECTS:

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

DEL NORTE PUBLIC IMPROVEMENT CORPORATION

28. Acting as the Public Improvement Corporation Board of Directors, Approve and adopt a Resolution Electing Officers for 2007 and Direct the Clerk of the Board to file the Statement by Domestic Nonprofit Corporation with the Secretary of State as requested by the Clerk of the Board.**

Action: PIC Resolution 2007-001

 

Motion: Move to approve

Move: Michael Sullivan

Second: Martha McClure

 

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

Vote Nay: 0 None

Vote Abstain: 0 None

ADJOURNMENT

 

 

 

Sherri Adams, Clerk of the Board

County of Del Norte, State of California Date Posted: January 26, 2007

 

 

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