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, April 10, 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, Michael Sullivan, Gerry Hemmingsen and David Finigan

Absent: Martha McClure

CLOSED SESSION 8:30 A.M.

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

 

Hold a closed session to consider and discuss litigation and personnel matters: I) Personnel negotiations pursuant to Government Code 54957.6 between County negotiator 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, Pacific Shores CA Subdivision Water District v Del Norte County, Case No. CVPT 06-1454; Wendy Ormsby v Del Norte County, Case No, CVUJ 03-1501; Frank Villarreal v John Gimbel, Case No. CVHS 06-1221; John Gimbel v. County of Del Norte, Case Nos. CV-07488 and CV-07133; Burns v County of Del Norte, et al., Case No. CVUJ 03-1529; Connie Lawson v. Del Norte County, Claim No. DEL 05-020; Joseph Rimac v. Del Norte County, SC C 07-0298; Linda Loughridge v. Del Norte County, Case No. CVUJ 07-1094, Claim No. DEL 06-012; James Marmon v. County of Del Norte, 3:07-cv-01611, Claim No. DEL 06-025; David L. Elsebusch v. Del Norte; and County of Del Norte v Beckett et al, Case No. CVUJ 05-1557; IV) Conference with Legal Counsel - ANTICIPATED LITIGATION: Initiation of litigation pursuant to subdivision (c) of Section 54956.9, 1 case.

 

 

 

 

REGULAR SESSION 10:00 A.M.

10:00 A.M. Call the meeting to order and take roll.

        This Board of Supervisors meeting is dedicated to some of our partners: Safe from the Start

        The Pledge of Allegiance to the Flag led by Susan Rossiter and Mike Henderson.

        And How Are The Children?

Action: Susan Rossiter and Mike Henderson gave a presentation on the Safe from the Start Program and the Drug Endangered Children (DEC) Program.

        Introduction of new employees to the Board of Supervisors.

Action: No new employees were introduced.

        Report of any actions from closed session by County Counsel.

Action: County Counsel reported no final 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: There were no deletions or corrections requested.

On a motion by Supervisor Hemmingsen, seconded by Supervisor Sullivan the Board unanimously approved to add the Del Norte Fish and Game Advisory Commission's recommendation that the Board of Supervisors send a letter supporting the proposed ban only within the known range of the California Condor.

On a motion by Supervisor Hemmingsen, seconded by Supervisor Sullivan the Board directed staff to send a letter supporting the proposed ban only within the known range of the California Condor to the California Fish and Game Commission. Public comment was heard from Richard Miles and Ron Plechaty.

 

Motion: Move to approve

Move: Gerry Hemmingsen

Second: Michael Sullivan

 

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

Vote Nay: 0 None

Vote Abstain: 0 None

SCHEDULED ITEMS:

1.     10:15 A.M. 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 Hemmingen reported on attending a meeting at the Hampton Inn with Congressman Thomspon and the Chamber, attending the Pasta Feed for Congressman Thompson, attending the Klamath Management Zone Fisheries Coalition meeting, Mental Health Board meeting, 2x2 meeting with Redwood National and State Parks and the Fish and Game Advisory Commission Meeting; Supervisor McNamer commented on attending an Area 1 on Agency meeting, meeting with the new Air Quality Management District Board Director, Rick Martin, attending a 2x2 meeting with the Health Care District Board, attending Road Shows for the Employee Recognition Banquet, Congressman Thompson's Pasta Feed and attending a Safe and Healthy Families meeting; Supervisor Sullivan reported on attending a Road Show for the Employee Banquet, attending Congressman Thompson's Pasta Feed and Chamber event, attending the Goose Gala, 2x2 meeting with Redwood National and State Parks, attending an LTCO meeting and commented on the need for the Board to re-examine priorities; and Supervisor Finigan reported on attending a Safe and Healthy families meeting, attending the Chamber Event at the Hampton Inn, Pasta Feed for Congressman Thompson, attending the Aviation Advisory Commission Meeting, attending CSAC Legislation Days, participating in a Prision Mitigation call in and a Broadband Conference Call.

2.     10:40 A.M. Presentation by Nadine Bailey, Senator Sam Aanestad's Office.

Action: Nadine Bailey, Senior Field Representative from Senator Aanestad's Office gave a brief update.

3.     10:45 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 Dennis Mayo, Richard Miles and Connie Stewart.

4.     11:00 A.M. Conduct a Public Hearing to consider a request for Variance to a Front Yard Setback, Randi Lummis, V0701(APN 115-171-12).**

Action: A brief report was given by staff. The property owner was not present but had submitted a letter to the Board prior to the meeting. No public comment was given.

 

Motion: Move to approve

Move: Gerry Hemmingsen

Second: Leslie McNamer

 

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

Vote Nay: 0 None

Vote Abstain: 0 None

5.     11:30 A.M. Conduct a Public Hearing to provide the public an opportunity to hear and comment on the results of the 1.) Community Assistance Network Food Bank Facility Expansion/Homeless Shelter Feasibility Study and 2.) Del Norte County Health and Human Services Medical Provider Recruitment and Retention Plan Study. Accept the final products produced through this grant as meeting the requirements of the grants and agreement between the County and Community Assistance Network.

Action: Mr. Carnegie gave a brief summary of the two studies. Doug Morgan presented information on the Community Assistance Network Food Bank Facility Expansion/Homeless Shelter Feasibility Study and public comment was heard from Richard Miles, Ron Plechaty, Robert Tolman, Kathryn Murray, Sheriff Dean Wilson and Sandra Jerabek.

On a motion by Supervisor McNamer, seconded by Supervisor Sullivan and Supervisor McClure absent, the Board unanimously approved the acceptance of the final products produced through this grant as meeting the requirements of the grant and the agreement between the County and the Community Assistance Network.

Martin Love from the California Center for Rural Policy presented information on the Del Norte County Health and Human Services Medical Provider Recruitment and Retention Plan Study on public comment was heard from Jeffrey Lytle, Grant Scholes, Chris Howard, Richard Miles, Clarke Moore, Dr. Martinelli and Gary Blatnick.

On a motion by Supervisor McNamer, seconded by Supervisor Sullivan and Supervisor McClure absent, the Board unanimously approved the acceptance of the final product produced through this grant as meeting the requirements of the grant and the agreement with the County and California Center for Rural Policy at Humboldt State University.

 

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 Vicki Frasier, County Clerk/Recorder, Jeff Lytle and Richard Miles.

The Consent Agenda, Items 6 though 25, was adopted with Supervisor McClure absent and Supervisor Sullivan abstaining from voting on Item 21.

 

Motion: Move to approve

Move: Gerry Hemmingsen

Second: Leslie McNamer

 

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

Vote Nay: 0 None

Vote Abstain: 0 None

6.     Approve the minutes from the March 27, 2007 meeting.**

7.     Adopt a Proclamation Proclaiming April as "Sexual Assault Awareness Month.**

8.     Adopt a Proclamation Proclaiming April 2007 as "Child Abuse Prevention Month".**

9.     Adopt a Proclamation Recognizing National Volunteer Week of April 15th thru April 21, 2007.**

10. Adopt a Proclamation Recognizing the Redwood National and State Parks Employees as Recipients of the "2006 Volunteer of the Year" award for Caltrans District 1.**

11. Approve and Adopt a Resolution of the Del Norte County Board of Supervisors Proclaiming the Week of April 16th through April 20th, 2007 as Employee Recognition Week.**

Action: DNCO Resolution 2007-018

12. Approve and Adopt a Resolution Supporting the Designation of April 22 thru April 28, 2007 as Safety Seat Check Up Week as requested by the Assistant County Administrative Officer.**

Action: DNCO Resolution 2007-019

13. Approve an annual salary step increase within the corresponding salary range for the Director of Information Technology, effective October 4, 2006 as requested by the County Administrative Officer.**

14. Approve the side agreement between the County and the Del Norte County Employees Association and Authorize the implementation of twelve (12) hour shifts for designated positions at the Juvenile Hall facility as requested by the County Administrative Officer.**

Action: DNCO Agreement 2007-045

15. Approve and Authorize the Agricultural Commissioner to sign the Pesticide Use Report Records Agreement #07-0007C between the California Department of Pesticide Regulation and Del Norte County as requested by the Agricultural Commissioner.**

Action: DNCO Resolution 2007-020 DNCO Agreement 2007-046

16. Appoint Sandra Saunders and Carole Peet to the Del Norte County Local Mental Health Board as recommended by the Del Norte County Local Mental Health Board.**

17. Approve and Authorize the Sheriff to enter into an agreement with the Drug Enforcement Administration to defray the costs related to the eradication and suppression of illicit marijuana as requested by the Sheriff-Coroner.**

Action: DNCO Agreement 2007-047

18. Authorize staff to submit funding applications to the Department of Transportation for various pedestrian improvements, and Authorize the Director and/or Deputy Director to sign documents necessary for submittal as requested by the Deputy Director Community Development.**

19. Request the Chair to authorize the temporary street closure of 1st Street in Smith River, from Fred Haight Drive to the Smith River Community Services District parking lot, from 11:00 a.m. to 7:00 p.m. on May 6, 2007 as requested by the County Engineer.**

20. Approve and Authorize the Chair to sign "Release of Lien" between the County of Del Norte and Tracie Ophardt as requested by the Director of Health and Human Services.**

21. Approve and Authorize the Chair to sign the Agreement with Del Norte Ambulance, Inc. for emergency transportation services as requested by the Director of Health and Human Services.**

Action: Supervisor Sullivan abstained from voting on this item.

DNCO Agreement 2007-048

 

22. Approve and Authorize the Chair to sign the Agreement with American Star Security Corporation, d.b.a. American Star Private Security for secure non-emergency transportation services as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-049

23. Approve and Authorize the Chair to sign the revised Standard Agreement and attachments with the California Department of Health Services (CDHS) to perform Medi-Cal Administrative Activities (MAA) as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-050

24. Approve the Applications to the Governor's Office of Emergency Services for Monies for the Victim Witness Program, Child Abuse Treatment Program, and Statutory Rape Vertical Prosecution. Approve the Application to the Department of Justice for the monies for the Spousal Abuse Prosecution Program. Adopt the Resolution for the Continuing Implementation of these programs with in the District Attorney's Office as requested by the District Attorney.**

Action: DNCO Resolution 2007-021

25. Approve the appointments to the Klamath Community Services District as recommended.**

REGULAR ITEMS

GENERAL GOVERNMENT:

26. Discuss possible action as requested by the Blue Ribbon Coalition as it relates to Tolowa Dunes State park and associated access restrictions. Direct staff to assist as needed as requested by the Assistant County Administrative Officer.**

Action: Take action as requested by the Blue Ribbon Coalition as it relates to Tolowa Dunes State Park and associated restrictions. Directed staff to assist as needed as it relates to public process and providing information to the Blue Ribbon Coalition. The Blue Ribbon Coalition is to take the lead on a rebuttal to the California Department of Parks and Recreation. Public comment was heard from Richard Miles, Ron Plechaty, Jeff Lytle, Eileen Cooper, Sandra Jerabek, Armand Trinitopoli and Eileen Mitchell.

 

Motion: Move to approve

Move: Michael Sullivan

Second: Gerry Hemmingsen

 

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

Vote Nay: 0 None

Vote Abstain: 0 None

27. Appointment two members to the Fish and Game Advisory Commission .**

Action: This item was tabled until April 24, 2007 so that information regarding the districts of the applicants and the type of member needed could be established.

BUDGET TRANSFERS:

 

Motion: Move to approve

Move: Gerry Hemmingsen

Second: Leslie McNamer

 

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

Vote Nay: 0 None

Vote Abstain: 0 None

28. Approve a Budget Transfer (04-01) within the Sheriff Training budget in the amount of $24,000.00 as requested by the Sheriff-Coroner.**

29. Approve a Budget Transfer (04-02) within the K-9 Budget in the amount of $6,500.00 to allow for the purchase of a new K-9 unit as requested by the Sheriff-Coroner.**

LEGISLATIVE AND BUDGET ISSUES:

30. Approve and Adopt a Resolution and letter Opposing SB 893 as introduced by Senator Cox relating to childhood development and funding insurance premiums as requested by the Director of Health and Human Services.**

Action: Comments were heard from Gary Blatnik, Director of Health and Human Services and Patti Vernelson, Director of First 5.

DNCO Resolution 2007-022

 

Motion: Move to approve

Move: Michael Sullivan

Second: Gerry Hemmingsen

 

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

Vote Nay: 0 None

Vote Abstain: 0 None

31. Approve and Adopt a Resolution Supporting SB 773 (Wiggins) Carriers of Livestock/Limitation Access.**

Action: DNCO Resolution 2007-023

 

Motion: Move to approve

Move: Gerry Hemmingsen

Second: David Finigan

 

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

Vote Nay: 0 None

Vote Abstain: 0 None

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

Action: Nadine Bailey, Senator Aanestad's Senior Field Representative spoke briefly.

CAPITAL PROJECTS:

33. Written Capital Projects update. Informational only.**

ADJOURNMENT

 

 

 

Sherri Adams, Clerk of the Board

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

 

 

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