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, August 14, 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.

Public Comment on Closed Session items only.

 

No Public Comment was given on the Closed Session Agenda.

 

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: Friday Night Live

        The Pledge of Allegiance to the Flag led by Linda Taber, Friday Night Live.

        And How Are The Children?

Action: A presentation was given by Alicia McKellar from the Friday Night Live Program. Comments on the program were heard from Yer Thao, Stone Vue and Linda Taber.

Ms. McKellar commented on Challenge Days, September 12, 13 and 14 and invited the Supervisors to participate and the ATOD Coalition's first meeting will be held in September.

        Introduction of new employees to the Board of Supervisors.

Action: New employees Crystal Markytan and Melody Cannon were introduced by the Director of Health and Human Services.

        Report of any actions from closed session by County Counsel.

Action: County Counsel reported that on a motion by Supervisor McClure, seconded by Supervisor Sullivan and approved unanimously, the Board approved the recommendation of the Hearing Officer and upheld the dismissal of DA Investigator Lawrence Vincent effective October 19, 2006. No other 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 additions or corrections to the Agenda were requested. Supervisor Finigan pulled Item 6 from the Consent Agenda to be brought back at a future meeting.

SCHEDULED ITEMS:

1.     10:05 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 the Alder Road Project, attending an Airport Advisory Commission meeting, Klamath Management Zone Fisheries Coalition meeting, Wellness Center Dedication and Pelican Bay Citizens Advisory Committee meeting; Supervisor McClure commented on attending the Wellness Center Dedication, attending the Del Norte County Fair, visiting with Congressman Thompson and Assemblymember Berg, attending a Local Transportation Commission meeting, Redwood Coast Transit meeting, a meeting with the County Administrative Officer regarding transport of needy medical patients in our community and commented on being a substitute teacher at Juvenile Hall; Supervisor McNamer commented on attending the Del Norte County Fair, 4-H Auction, Nortec meeting, 2x2 with the Yurok Tribe, Joint City/County meeting, attending at the Kick-Off Party for the Community Progress Initiative with Congressman Thompson and attending an IGRC meeting; Supervisor Sullivan reported on attending a Tri-Agency meeting, Joint City/County meeting, meeting with Pelican Bay Prison Warden Bob Horel, attending a Local Transportation Commission meeting, Redwood Coast Transit Authority meeting, attending the Grand Opening for the Tourist Information Center, lunch with Reweti Wiki, and commented on the Square Deal building purchase; and Supervisor Finigan reported on attending an RCRC Executive meeting, First 5 meeting, participated in a prison conference call with CSAC, attending the Del Norte County Fair, attending an Airport Advisory Commission meeting, commented on the Airport JPA, attending a meeting regarding community partnerships, Wellness Center Dedication, Joint City/County meeting, meeting with Congressman Thompson, attending an IGRC meeting, 2x2 meeting with the Yurok Tribe, Visitors Information Center Grand Opening and First 5 Strategic Planning meeting.

2.     10:30 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 Grant Scholes, Vice President of the Crescent City/Del Norte Chamber of Commerce who introduced Reweti Wiki, Community Progress Initiative Executive Director, and Chris McCollum, Executive Director of the Del Norte Child Care Council.

3.     10:45 A.M. Presentation by Geneva Wiki, Director, Klamath River Early College of the Redwoods

Action: Geneva Wiki, Director of the Klamath River Early College of the Redwoods gave a presentation on the progress, the accomplishments and the future goals of the school.

4.     11:30 A.M. Adopt a Resolution Honoring Glenn Anderson Retiring Agricultural Commissioner/Sealer of Weights and Measures.

Action: DNCO Resolution 2007-050

Public Comment was heard from Jack Reese.

 

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

CONSENT AGENDA

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

Action: Supervisor Finigan pulled Item 6 from the Consent Agenda for a future agenda. Public Comment was heard from Dale Boling.

The Consent Agenda (Items 5 and Items 7 through 16) was adopted unanimously.

 

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

5.     Approve the minutes from July 24, 2007 meeting.**

Action: Approved

6.     Approve and Adopt the Declaration of the United States Cool Counties Climate Stabilization.**

Action: Supervisor Finigan pulled this item from the Agenda.

7.     Approve and Authorize the Chair to sign a letter requesting that Del Norte County be granted membership on the Klamath Settlement Group as it pertains to the Federal Energy Regulatory Proceedings as requested by Supervisor Finigan.**

Action: Approved

8.     Approve and Authorize the sale of the surplus water truck and surplus bottom dump and Authorize the disposal of roller #6 as scrap iron as requested by the Director of Community Development.**

Action: Approved

9.     Approve and Authorize the Chair to sign the Amendment to Agreement 2006-127 for Placements at Bar-O Ranch with Napa County as requested by the Director of Bar-O-Boys Ranch.**

Action: DNCO Agreement 2007-137

10. Approve a purchase of a fixed asset (clothes dryer) prior to the adoption of the final budget as requested by the Director of Bar-O Ranch.**

Action: Approved

11. Authorize the County Administrative Officer to execute an Amendment to Agreement 2006-161 with Daryl Cox for Minor Repair Grant Program projects as requested by the County Administrative Officer.**

Action: DNCO Agreement 2007-138

12. Approve and Authorize the Chair to sign an Amendment to the Agreement (2007-125) for Childcare Services with the Del Norte Child Care Council (DNCCC) as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-135 AMEND

13. Approve and Authorize the Chair to sign the Agreement with Northcoast Health Screening for non-dependency drug and alcohol testing services as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-139

14. Approve and Authorize the Chair to sign the Lease Agreement with Rural Human Services, Inc. (RHS) for office space at the Del Norte Workforce Center as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-140

15. Approve and Authorize the Chair to sign the Agreement with the Humboldt County Department of Health and Human Services, Public Guardian Division for Conservatorship Services as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-141

16. Approve and Authorize the Chair to sign the Agreement with the Community Assistance Network (CAN) to provide Differential Response services as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-142

REGULAR ITEMS

GENERAL GOVERNMENT:

17. Presentation on Pandemic Influenza Emergency Preparedness and Response by Cindy Henderson, Department of Health and Human Services, Public Health Branch Emergency Preparedness Coordinator as requested by the Director of Health and Human Services. No action required.**

Action: A presentation was given by Cindy Henderson.

18. Authorize the Chair to Appoint a Board member and/or staff to fly to Washington, D.C. to urge the members of Congress to support the Reauthorization of the Secure Rural Roads and Schools funding the week of September 10, 2007.**

Action: Approved

 

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. Discussion and possible action of Elk Valley Road as another point of comment to Redwood National and State Park's Project as requested by Supervisor Hemmingsen.**

Action: After discussion by the Board, staff was directed to pull any information on the environmental assessment on the Elk Valley Road and provide to the Board for review before Redwood National and State Parks appears before the Board regarding ingress and egress on Elk Valley Road and the Aubell Maintenance Facility.

20. Approve and Sign the terms and conditions of Accepting FAA AIP grants as reviewed by County Counsel and Authorize the Board Chairman to sign completed FAA AIP-17 grant agreement as requested by the Airport Manager.**

Action: DNCO Agreement 2007-143

 

Motion: Move to approve

Move: Leslie McNamer

Second: Michael Sullivan

 

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

Vote Nay: 0 None

Vote Abstain: 0 None

21. Approve and Adopt the Memorandum of Agreement with Smith River Rancheria as it relates to maintenance of public routes and bridges within and leading to the Smith River Rancheria as requested by the County Engineer.**

Action: DNCO Agreement 2007-144

 

Motion: Move to approve

Move: Leslie McNamer

Second: Michael Sullivan

 

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

Vote Nay: 0 None

Vote Abstain: 0 None

22. Approve the selection and proposal of SHN Engineers and Geologists, Inc., to provide construction engineering services for the Klamath Beach Road Storm Project as requested by the County Engineer.**

Action: Approved

 

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

23. Approve and Authorize the Chair to sign the letter to the FEMA Regional Management Center Administrator and Authorize the Chairman and County Administrator to sign the PAL Agreement for the Klamath Glenn and Direct the Clerk of the Board to forward these items with proof of delivery as requested by the Director of Community Development.**

Action: DNCO Agreement 2007-145

 

Motion: Move to approve

Move: Leslie McNamer

Second: Michael Sullivan

 

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

Vote Nay: 0 None

Vote Abstain: 0 None

BUDGET TRANSFERS:

Action: ALL BUDGET TRANSFERS WILL BE TAKEN AS ONE ITEM.

Budget Transfers, Items 24 and 25, were approved unanimously.

 

Motion: Move to approve

Move: Gerry Hemmingsen

Second: Michael Sullivan

 

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

Vote Nay: 0 None

Vote Abstain: 0 None

24. Approve a Budget Transfer (06-38) within the 06-07 budget of the Sheriff-Coroner office in the amount of $2,373.00 for year end balance transfers as requested by the Sheriff-Coroner.**

Action: Approved

25. Approve a Budget Transfer (08-01) within the budget of the Community Development Department/Roads in the amount of $4,100.00; Authorize the purchase of a new steam cleaner; Declare the existing steam cleaner as junk and Authorize the removal of the steam cleaner from the fixed assets of the County as requested by the Director of Community Development.**

Action: Approved

LEGISLATIVE AND BUDGET ISSUES:

26. 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: Supervisor McClure urged that contact be made with Assemblymember Berg and Senator Aanestad to express the dire need for our local dialysis people to be able to get medical services and that the holding up of the budget is putting people's lives in danger. Supervisor Finigan stated that he would address this at the RCRC meeting.

ADJOURNMENT

 

 

 

Sherri Adams, Clerk of the Board

County of Del Norte, State of California Date Posted: August 16, 2007

 

 

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