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 25, 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 and David Finigan

Absent: Sarah Sampels

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) one case, County of Del Norte vs. Beckett et al, Case No. CVUJ 05-1557; IV) Initiation of litigation pursuant to subdivision (c) of Section 54956.9, 2 cases. Pursuant to Government Code 54997, conduct the annual evaluation of the County Administrative Officer.

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 Deputy Clerk of the Board Sherri Adams.

        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 employee's service to Del Norte County; Tony Luis, 20 Years.

        Report of any actions from closed session by County Counsel.

Action: County Counsel reported on a motion by Supervisor Blackburn, seconded by Supervisor McClure and approved on a 3-0-1 vote with Supervisor Finigan abstaining, the board voted to retain the law firm of Jones and Mayer to work with the County in reference to the Elk Valley Road Construction Project.

        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: Krista Norton commented on Item 11, Ted Ward commented on Measure A and supporting the library, Richard Miles commented on the future of the library and demonstration forests and Susan Epperson commented on Item 11.

Supervisor McNamer addressed the absence of Chair Sampels and that she was in Washington, D.C. attending a PILT Fly In, where she was one of 31 invited by NaCO to attend this special conference.

The Consent Agenda was unanimously approved with Item 11 pulled for discussion.

 

Motion: Move to approve

Move: David Finigan

Second: Chuck Blackburn

 

Vote Yea: 4 David Finigan, Chuck Blackburn, Martha McClure, Leslie McNamer

Vote Nay: 0 None

Vote Abstain: 0 None

1.     Approve and Adopt the minutes from the April 11, 2006 meeting.**

2.     Adopt a Proclamation Acknowledging the Community Assistance League.**

3.     Approve and Authorize the Chair to sign the attached Proclamation of National Foster Care Month as requested by the Director of Health and Social Services.**

4.     Approve and Authorize the Chair to sign the Attached Proclamation recognizing April 22-29, 2006 as National Infant Immunization Week and the month of May 2006, as Toddler Immunization Month as requested by the Director of Health and Social Services.**

5.     Adopt a Resolution entitled A Resolution Supporting Measure A for the Public Library.**

Action: DNCO Resolution No. 2006-24

6.     Approve and Authorize the Chair to sign the contract with Chris Doehle, Attorney at Law as requested by County Counsel.**

Action: DNCO Agreement No. 2006-049

7.     Adopt a resolution entitled A Resolution of the Del Norte County Board of Supervisors Proclaiming the Work Week of May 1st Through May 5th, 2006 as Employee Recognition Week as requested by the County Administrative Officer.**

Action: DNCO Resolution No. 2006-025

8.     Approve and Adopt the Resolution that sets forth a determination of an industrial disability retirement for Deputy Sheriff-Coroner Gerald J. Harwood as requested by the County Administrative Officer.**

Action: DNCO Resolution No. 2006-026

9.     Adopt a Resolution entitled a Resolution Approving Petroleum and Weighmaster Inspection Agreement #06-0011 between the California Department of Food and Agriculture, Division of Measurement Standards and Del Norte County and Authorization for the Agricultural Commissioner to Sign the Contract on behalf of the County as requested by the Agricultural Commissioner.**

Action: DNCO Resolution No. 2006-027 DNCO Agreement No. 2006-050

10. Adopt a Resolution entitled a Resolution Supporting the Efforts of Concerned Citizens to Fund the County Pound Facility Improvements. Authorize the Agricultural Commissioner to accept labor and material donations to accomplish their installation on behalf of the County as requested by the Agricultural Commissioner.**

Action: DNCO Resolution No. 2006-028

11. Approve Discharge of Accountability for uncollectible accounts as requested by the Treasurer-Tax Collector.**

Action: This item pulled for discussion. The Chair directed the Clerk to bring back to Board on the May 9, 2006 meeting.

12. Approve and Authorize the Chair to sign the Agreement with Del Norte Ambulance for the provision of Hospital Bioterrorism Preparedness Equipment, Supplies and Resources for the period April 15, 2006 through June 30, 2006, not to exceed $6,475.00 as requested by the Director of Health and Social Services.**

Action: DNCO Agreement No. 2006-051

REGULAR ITEMS

SCHEDULED ITEMS:

13. 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: Richard Miles commented on National Volunteer Week and asked that a letter be sent to Dean Wilson and the City Council regarding the Skateboard Park and issues surrounding the park use. Supervisor Blackburn commented on the Skate Park and staff was directed to bring together the original Skate Park Group and some of the actual users of the park to come up with a plan to support leadership and outreach.

 

14. 10:15 A.M. Nuisance Abatement Hearing for the Property at 181 Mobile Lane, Assessor's Parcel Number 110-320-32.**

Action: The Code Enforcement Officer presented evidence and a PowerPoint presentation. The property owner was not present. Comments were heard from Richard Miles, Susan Epperson and Ron Plechaty. Following discussion by the Board, the Board unanimously confirmed the existence of a nuisance at 181 Mobile Lane and established civil penalties suspending them until completion date of August 1, 2006 and requiring an engineered system to be approved by the County Engineer and/or the County Health Department and that all system improvements be completed by August 1, 2006.

On a motion by Supervisor McClure, seconded by Supervisor Blackburn and carried unanimously, the Board added a friendly amendment to direct the property owner to pump the septic system within the next 72 hours. The enforcement official shall be empowered and authorized to step in and have the system pumped if the property owner fails to do so.

 

Motion: Move to approve

Move: Martha McClure

Second: Chuck Blackburn

 

Vote Yea: 4 Martha McClure, Chuck Blackburn, David Finigan, Leslie McNamer

Vote Nay: 0 None

Vote Abstain: 0 None

15. 10:30 A.M. Informational report from the Board of Supervisors Goal Committee #2 Safe and Healthy Families as presented by Michael F. Miller and Gary R. Blatnick. No action required.**

Action: Presentation only. No action taken.

16. 11:00 A.M. Nuisance Abatement Hearing for the Property at 610 East Harding Avenue, Assessor's Parcel Number 106-021-45.**

Action: The Code Enforcement Officer presented evidence and gave a PowerPoint presentation. Comments were heard from the property owner, Mr. Perez. Following discussion by the Board, the Board unanimously declared the existence of a nuisance at 610 East Harding Avenue and to monitor for the next 60 days at which time the property owner, Mr. Perez can present a status report, building plans, etc. In the interim, if the Code Enforcement Officer feels a nuisance is still being created because of access, he can return to the Board to request abatement.

County Counsel reminded the Board that there is still the issue of who is to pay for the fifth wheel clean up and is still reserved after this nuisance matter is solved and that issue may be back again to determine the cost.

 

Motion: Move to approve

Move: David Finigan

Second: Martha McClure

 

Vote Yea: 4 David Finigan, Martha McClure, Chuck Blackburn, Leslie McNamer

Vote Nay: 0 None

Vote Abstain: 0 None

GENERAL GOVERNMENT:

17. Approve and Authorize the Chair to sign Agreement No. 05-46064 with the State Department of Health Services (DHS), Local Public Health Services Program (LPHSP) beginning July 1, 2005 and ending June 30, 2008 with the cost of $654,630.00 per year as requested by the Director of Health and Social Services.**

Action: DNCO Agreement No. 2006-052

 

Motion: Move to approve

Move: Martha McClure

Second: Chuck Blackburn

 

Vote Yea: 4 Martha McClure, Chuck Blackburn, David Finigan, Leslie McNamer

Vote Nay: 0 None

Vote Abstain: 0 None

18. Adopt a Resolution entitled A Resolution of the Del Norte County Board of Supervisors Declaring Intention to Sell County Property and Setting Terms of Sale. Direct staff to advertise the sale as per Government Code and set a date for opening sealed bids and/or acceptance of oral bids as requested by the Administrative Services Manager.**

Action: DNCO Resolution No. 2006-029

 

Motion: Move to approve

Move: David Finigan

Second: Martha McClure

 

Vote Yea: 4 David Finigan, Martha McClure, Chuck Blackburn, Leslie McNamer

Vote Nay: 0 None

Vote Abstain: 0 None

19. Adopt a Resolution entitled A Resolution Requesting Disaster Relief under the Magnuson-Stevens Fishery Conservation and Management Act. Direct staff to forward to the Secretary of Commerce with a cover letter as requested by the Administrative Services Manager.**

Action: DNCO Resolution No. 2006-030. Supervisor Blackburn will attend the State Fish and Game Meeting April 27, 2006 at 6:00 pm in the Board of Supervisors Chambers regarding ocean and Klamath River allotments.

 

Motion: Move to approve

Move: Martha McClure

Second: Chuck Blackburn

 

Vote Yea: 4 Martha McClure, Chuck Blackburn, David Finigan, Leslie McNamer

Vote Nay: 0 None

Vote Abstain: 0 None

20. Review applications and consider the appointment of one Alternate Member to the Airport Advisory Commission.**

Action: Krista Norton withdrew her application. The Board unanimously approved the application of Dan Harrison.

 

Motion: Move to approve

Move: David Finigan

Second: Martha McClure

 

Vote Yea: 4 David Finigan, Martha McClure, Chuck Blackburn, Leslie McNamer

Vote Nay: 0 None

Vote Abstain: 0 None

21. Adopt a Resolution entitled A Resolution of the Del Norte County Board of Supervisors Authorizing the Chairman of the Board of Supervisors to Sign the Agreements and Amendments thereto with the California Department of Transportation for Funding for Transportation Projects as requested by the Deputy Director of the Community Development Department.**

Action: DNCO Resolution No. 2006-031

DNCO Agreement No. 2006-053

 

Motion: Move to approve

Move: David Finigan

Second: Chuck Blackburn

 

Vote Yea: 4 David Finigan, Chuck Blackburn, Martha McClure, Leslie McNamer

Vote Nay: 0 None

Vote Abstain: 0 None

LAND USE:

22. Approve the design and installation of a speed table across Indian Road, located 200 feet west of the intersection with Highway 101 and Indian Road. Authorize the Smith River Rancheria to perform work within the County right-of-way subject to the inspection by the County Engineer as requested by the County Engineer.**

 

Motion: Move to approve

Move: Martha McClure

Second: Chuck Blackburn

 

Vote Yea: 3 Martha McClure, Chuck Blackburn, Leslie McNamer

Vote Nay: 0 None

Vote Abstain: 1 David Finigan

23. Deny the Appeal from the Foursquare Church for Condition 6, as part of the conditions of Use Permit Amendment (UP0607) as requested by the County Engineer.**

Action: Comments were heard from the County Engineer and Mr. Powell.

The Board unanimously approved a change in condition number 6 to state that prior to the issuance of the certificate of occupancy that the improvements for deferments on Macken shall be engineered and plans shall be submitted for review and approval by the County Engineer and that a new bond will be placed on the improvements or the existing bond increased.

 

 

Motion: Move to approve

Move: David Finigan

Second: Chuck Blackburn

 

Vote Yea: 4 David Finigan, Chuck Blackburn, Martha McClure, Leslie McNamer

Vote Nay: 0 None

Vote Abstain: 0 None

COMMITTEE/ACTIVITY REPORTS:

24. 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 Finigan reported on attending a First 5 meeting, meeting with the Yurok Tribe and CDD, Economic Development Goal Committee meeting at the Smith River Rancheria to review the CEDS document, and a CASA meeting; Supervisor Blackburn commented on attending a Fourth of July Chamber Committee meeting, Mental Health Board meeting, Smith River Rancheria 2x2 meeting, a Hatchery and Fish and Game meeting to come up with a five year plan, Board of Directors meeting for the Chamber and a Smith River Advisory Council meeting; Supervisor McClure reported on a meeting with Steve Bigham and Jay Sarina to go over roads in the Six River National Forest, met with Chris Howard to review the first draft of the marketing plan, and traveled to Washington, D.C. with nine other fellow history teachers; and Supervisor McNamer reported on attending the Smith River Rancheria 2x2 meeting, LAFCO meeting, Boys and Girls Club meeting and invited everyone to attend the Boys and Girls Club fundraising event May 12, from 8:00 to 12:00 at the Vets Hall.

LEGISLATIVE AND BUDGET ISSUES:

25. 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: Supervisor Finigan commented that there was an updated packet from RCRC and would forward it to the County Administrative Officer.

CAPITAL PROJECTS:

26. Receive an update on various Capital Projects.

Action: The Administrative Services Manager reported on the Klamath Boat Ramps, lights on the ball fields, Veteran Hall renovation status, Point St. George and Florence Keller Park.

ADJOURNMENT

 

 

 

Donna M. Walsh, Clerk of the Board

County of Del Norte, State of California Date Posted: April 27, 2006

 

 

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