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, May 08, 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 and Gerry Hemmingsen

Absent: David Finigan

CLOSED SESSION 8:30 A.M.

Public Comment on Closed Session items only.

 

No Public Comment was given on Closed Session items.

 

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, two cases; III) Conference with legal counsel - existing litigation pursuant to Government code 54956.9(a) 13 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; Dawn Heckel v DNC Case No. CVPI 07-1176; 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, 2 cases.

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: Parent Education (Del Norte County Child Care Council).

        The Pledge of Allegiance to the Flag led by Melodee Waggener.

        And How Are The Children?

Action: Melodee Waggener, Del Norte County Child Care Council gave a presentation on Parent Education opportunities.

        Introduction of new employees to the Board of Supervisors.

Action: New employee Dara Saunders was introduced by the Assistant Veterans Service's Officer.

        Report of any actions from closed session by County Counsel.

Action: County Counsel reported no reportable 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.

SCHEDULED ITEMS:

1.     10:20 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 Hemmingsen reported on meeting with the Harbor District, attending a Local Mental Health Board meeting, Redwood National and State Parks 2x2 meeting, Aviation Advisory Commission meeting, attending the Tall Masted Ships Festival, met with David Buerle and attending the Community Meeting on May 8; Supervisor McClure commented on economic discussion with David Buerle, thanked the Engineering Department for the stop light at Washington Blvd. and Arlington, reported on being a court watcher for the Juvenile Justice Commission for the 300 cases; Supervisor Sullivan reported on attending a Redwood National and State Parks 2x2 meeting, Tri-Agency meeting, Cinco de Mayo Celebration in Smith River, meeting with the NRA people, attending a Tsunami Readiness meeting in Smith River, attending two meetings with David Buerle, attending the Tall Masted Ships Festival events and the Cascade Logging Conference; and Supervisor McNamer commented on attending the Nortec meeting, the Northern California Supervisors Association meeting and the Boys & Girls Club Chamber Mixer.

2.     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 Jackie Zlokovich.

3.     11:15 A.M Continuation of a Public Hearing of a Nuisance Abatement for Judy V. Wagerin property at 1720 Parkway Drive parcel number 116-262-20 as requested by the County Code Enforcement Officer.**

Action: Sworn testimony was heard from David Mason, Code Enforcement Officer and from Judy Wagerin, property owner. After discussion by the Board and on a motion by Supervisor Hemmingsen, seconded by Supervisor McClure and with Supervisor Finigan absent, the Board declared that a public nuisance no longer exists at the property at 1720 Parkway Drive and waived all penalties and assessments.

 

Motion: Move to approve

Move: Gerry Hemmingsen

Second: Martha McClure

 

Vote Yea: 4 Gerry Hemmingsen, Martha McClure, Michael Sullivan, Leslie McNamer

Vote Nay: 0 None

Vote Abstain: 0 None

4.     11:30 A.M. Conduct a Public Hearing to consider Bob Carter Rezone (R0703) and APN 116-261-01 located at 128 Burke Lane, off of Cummins Road, Crescent City.**

Action: DNCO Ordinance 2007-003

A brief report was given by staff. There was no public comment given on this item. After discussion by the Board and on a motion by Supervisor Hemmingsen, seconded by Supervisor Sullivan and with Supervisor Finigan absent, the Board approved the rezone and adopted an Ordinance Replacing Non-Coastal Zoning Map C-9 Pursuant to Chapter 20.52 of the Del Norte County Code.

 

Motion: Move to approve

Move: Gerry Hemmingsen

Second: Michael Sullivan

 

Vote Yea: 4 Gerry Hemmingsen, Michael Sullivan, Martha McClure, Leslie McNamer

Vote Nay: 0 None

Vote Abstain: 0 None

5.     11:35 A.M. Conduct a Public Hearing regarding the request of Bob Carter to Appeal Road Conditions and Right of Way on Minor Subdivision Located on Burke Lane.**

Action: A a report was given by staff. Comments were heard from Mr. Carter, property owner. After discussion by the Board, and on a motion by Supervisor McClure, seconded by Supervisor Sullivan and Supervisor Finigan absent, the Board denied the appeal of conditions 8 and 9 of Robert Carter's Subdivision, MJ0708, APN 116-261-03.

 

Motion: Move to approve

Move: Martha McClure

Second: Michael Sullivan

 

Vote Yea: 4 Martha McClure, Michael Sullivan, Gerry Hemmingsen, Leslie McNamer

Vote Nay: 0 None

Vote Abstain: 0 None

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 given on the Consent Agenda. After discussion on Items 23 and 24, the Consent Agenda, Items 6 through 26 was adopted.

 

Motion: Move to approve

Move: Michael Sullivan

Second: Gerry Hemmingsen

 

Vote Yea: 4 Michael Sullivan, Gerry Hemmingsen, Martha McClure, Leslie McNamer

Vote Nay: 0 None

Vote Abstain: 0 None

6.     Approve the minutes from the Special Meeting April 16, 2007.**

7.     Approve the minutes from the Special Meeting April 17, 2007 meeting.**

8.     Approve the minutes from the April 24, 2007 meeting.**

9.     Approve and Adopt a Proclamation Recognizing May 11, 2007 as Child Care Provider Appreciation Day in Del Norte County as requested by the Executive Director of Del Norte Child Care Council.**

10. Adopt a Proclamation Recognizing May 20-26, 2007 as Emergency Medical Services Week.**

Action: The Kris Kelly Memorial Star of Life Awards were presented to David Soule, Clay Wourden, Steve Wakefield, Joe Gregorio, William Morrison, Dana Reno, Noya Reno and Justin Gill.

11. Appoint Supervisor McNamer and Supervisor Finigan to the Bar-O Oversight Committee as requested by Supervisor Finigan.**

12. Approve and Adopt the Proclamation setting aside the month of May as Mental Health Month as requested by the Director of Health and Human Service.**

13. Approve and Authorize the Sheriff to pay newly hired Deputy Sheriff III at a Step C retroactive to date of hire, April 20, 2007as requested by the Sheriff-Coroner.**

14. Approve and Authorize the Sheriff to pay the newly hired Deputy Sheriff II at a Step C retroactive to date of Hire, April 23, 2007 as requested by the Sheriff-Coroner.**

15. Approve and Authorize the Del Norte County Counsel to hire a new Deputy County Counsel III at a Step C as requested by County Counsel.**

16. Approve the Contract with Stover Engineering to provide engineering services for the Klamath Town Site Repair Project and Authorize the Chair to sign the attached contract as requested by the Assistant County Administrative Officer.**

Action: DNCO Agreement 2007-057

17. Authorize the Chair of the Board to sign the "Release of Lien" between the County of Del Norte and Eric Rhoads as requested by the Director of Health and Human Services.**

18. Approve and Authorize the Chair to sign the Amendment to the Agreement with Raphaelle A. Butler, M.D. to provide psychiatric consultation services as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-058

19. Approve and Authorize the Chair to sign the Proclamation of National Foster Care Month as requested by the Director of Health and Human Service.**

20. Approve and Authorize the Chair to sign Agreement Number 07-NNA08 with the State of California, Department of Alcohol & Drug Programs (ADP), and Authorize the Director, Department of Health and Human Services to sign any associated or required documents as they relate to this Agreement as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-059

21. Approve and Authorize the Chair to sign the Amendment to the Agreement (2006-141) with the Del Norte Child Care Council (DNCCC) to provide additional State I Child Care as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-060

22. Approve and Adopt a Resolution of the Del Norte County Board of Supervisors Authorizing the Submittal of an Application for Funding to the California Department of Fish and Game for the Smith River Watershed Coordinator as requested by the Assistant County Administrative Officer.**

Action: DNCO Resolution 2007-028

23. Authorize Jeff Russell to coordinate the exhibit for Del Norte County at the 2007 California State Fair.**

24. Authorize the request from the United States Fish and Wildlife Service for collection of plants on County property at Point Saint George and Direct staff as appropriate as requested by the Assistant County Administrative Officer.**

25. Approve the payment of $5,000.00 from the Road Fund for annual membership in the Chair of the Five Counties Salmonid Conservation Program (5C) as requested by the Director of Community Development.**

26. Approve the Final Subdivision Map of the Spyglass Subdivision Unit 5 and Authorize the Clerk of the Board to sign it as requested by the County Engineer.**

REGULAR ITEMS

GENERAL GOVERNMENT:

27. Approve and Adopt the Resolution Approving An Increase In Penalties On Specific Offenses Including Moving Traffic Violations By Two Dollars For Every Ten Dollars Collected To Provide A Specific Share For Emergency Departments Approved For Pediatrics And Additional Funding For Maddy Fund Recipients, Including North Coast Emergency Medical Services (EMS) as requested by the Director of Health and Human Services.**

Action: DNCO Resolution 2007-029

 

Motion: Move to approve

Move: Martha McClure

Second: Michael Sullivan

 

Vote Yea: 4 Martha McClure, Michael Sullivan, Gerry Hemmingsen, Leslie McNamer

Vote Nay: 0 None

Vote Abstain: 0 None

28. Accept the Department of Health and Human Services' 90-day Transition Report as requested by the Director of Health and Human Services.**

Action: Gary Blatnick, Director of Health and Human Services gave a report on the first 90 days of the Health and Human Services Transition.

 

Motion: Move to approve

Move: Michael Sullivan

Second: Gerry Hemmingsen

 

Vote Yea: 4 Michael Sullivan, Gerry Hemmingsen, Leslie McNamer, Martha McClure

Vote Nay: 0 None

Vote Abstain: 0 None

29. Consider directing staff to prepare a letter to Senator Aanestad regarding the process that has been followed implementing the network of Marine Protected Area as requested by Supervisor Sullivan.

Action: After discussion by the Board, staff was directed to write a letter to Senator Aanestad, with copies to Assemblymember Berg and Senator Wiggins, regarding the Board's concerns about the process followed in implementing the network of MPA's required by the Marine Life Protection Act and request that the legislators meet with our local fisherman and other concerned stakeholders to discuss how to achieve the goals of the MLPA and preserve our fishing economy.

 

Motion: Move to approve

Move: None

Second: None

 

Vote Yea: 4 Leslie McNamer, Michael Sullivan, Gerry Hemmingsen, Martha McClure

Vote Nay: 0 None

Vote Abstain: 0 None

BUDGET TRANSFERS:

Action: All Budget Transfers were taken as one item.

 

Motion: Move to approve

Move: Michael Sullivan

Second: Martha McClure

 

Vote Yea: 4 Michael Sullivan, Martha McClure, Gerry Hemmingsen, Leslie McNamer

Vote Nay: 0 None

Vote Abstain: 0 None

30. Approve a Budget Transfer (05-01) in the amount of $2,405.00 in the Sheriff-Patrol operating budget as requested by the Sheriff Coroner.**

31. Approve a Budget Transfer (05-02) in the amount of $1,500.00 within the Domestic Violence budget as requested by the County Administrative Officer.**

LEGISLATIVE AND BUDGET ISSUES:

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.

CAPITAL PROJECTS:

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

Action: A brief verbal report was given by the Assistant County Administrative Officer.

ADJOURNMENT

 

 

 

Sherri Adams, Clerk of the Board

County of Del Norte, State of California Date Posted: May 11, 2007

 

 

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