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 28, 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 Closed Session items.

 

Hold a closed session to consider and discuss litigation and personnel matters: I) Conference with legal counsel – A) Existing litigation pursuant to Government code 54956.9(a), Pacific Shores CA Subdivision Water District v  DNC, DN Superior Ct.,  Case No. CVPT 06-1454; Wendy Ormsby v Del Norte County, DN Superior Ct., Case No, CVUJ 03-1501;John Gimbel v. County of Del Norte, US Dist. Ct., Northern Cal Div.,  Case No. C070113; Burns v County of Del Norte, et al., Case No. CVUJ 03-1529; Connie Lawson v. Del Norte County, DN Superior Ct., Case No. CVUJ06-1190; Joseph Rimac v. Del Norte County, US Dist. Ct., Northern Cal Div.,  SC C 07-0298; Linda Loughridge v. Del Norte County, DN Superior Ct., Case No. CVUJ 07-1094; David L. Elsebusch v. Del Norte, DN Superior Ct., CVCV06-2313; Dawn Heckel v District Atty, DN Superior CT., Case No. CVPI 07-1176; and County of Del Norte v Beckett et al, DN Superior Ct., Case No. CVUJ 05-1557; B) Anticipated litigation: 1) significant exposure to litigation pursuant to Govt’ Code 54956.9(b) - two cases; 2) Initiation of litigation Conference with Legal Counsel pursuant to Govt’ Code 54956.9(c) - 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:  CASA (Court Appointed Special Advocates)

·        The Pledge of Allegiance to the Flag led by Susie Minx, Executive Director, CASA.

·        And How Are The Children?

Action: Susie Minx, CASA Executive Director gave a presentation on CASA and foster care.  Staff members Helen, Kate, Anthony and Susan and founding member Carolyn Westbook were introduced.

·        Introduction of new employees to the Board of Supervisors.

Action: New employee Jeremiah Ross was introduced by County Counsel.

·        Report of any actions from closed session by County Counsel.

Action: County Counsel stated that 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 or corrections were requested.

Supervisor Sullivan recused himself from adding or voting on this item.

On a motion by Supervisor Hemmingsen, seconded by Supervisor McNamer, the Board unanimously approved the addition of the following item that came 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.

Award the Runway Rehabilitation construction contract to Valley Slurry Seal for the base bid amount of $380,687.00 and authorize the Airport Manager to execute change orders for this project not to exceed 10% of the aggregate amount and authorize the Chair to sign the Cal-Trans grant agreement for this project when received.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Leslie McNamer

 

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

Vote Nay:       0              None

Vote Abstain: 1              Michael Sullivan

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 attending the Grand Kick Off for Action Del Norte, a  Healthy Workforce meeting, and a LAFCO meeting; Supervisor McClure commented on attending Healthy Workforce and the cancellation of the picnic and the new plans for the fall celebration, attending a RAC meeting to go over 23 grant applications in excess of $800,000;  Supervisor McNamer reported on attending an Air Quality Management District meeting, a LAFCO meeting and a Boys and Girls Club meeting; Supervisor Sullivan reported on attending the Grand Opening for the Tourist Information Center, attending the Kick Off for the Action Del Norte Community Progress Initiative, attending the Elk Valley Fundraiser for High School Sports Programs, a Revolving Loan Fund meeting, a Tri Agency meeting, attending the initial meeting for the Progress Initiative, the Youth Soccer Jamboree and the Wild Rivers Foundation Dinner; and Supervisor Finigan commented on attending a RCRC meeting, state that he and Supervisor Sullivan will be attending the Washington Fly-In in September, a Cluster Kick Off meeting with Reweti Wiki  and Connie Loden,  attending  a CASA Meeting, a Tri Agency meeting, attending the Youth Soccer Jamboree, and participating in a RCRC call in 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 given by Richard Miles and Michael Horringle, Oscar Larson and Associates.

3.     10:45 A.M.  Approve the Request to Vacate a portion of Kern Street located between Lauff Avenue right-of-way and Macken Avenue right-of-way adjacent to Assessor Parcels 120-104-01 and 05, 120-120-103, 02, and 01

Action: Public Comment was heard from Mario de Soleni, Attorney for the applicant.

After discussion, the Board unanimously approved the request to Vacate a portion of Kern Street, located between Lauff Avenue right-of-way and Macken Avenue right of way with the following conditions:

The petitioner shall pay fair market value for the lots at their highest and best use.

The value of this portion of Kern Street shall be determined by a qualified appraiser. 

The petitioner shall pay for the appraisal in advance.

Once an appraisal has been made, the Request to Vacate will be returned to the Board for a determination of the fair market value.

The applicant may decide to pay the fair market value or exchange property of equal value with the County.

 

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

4.     11:00 A.M.  GP3 - Youth Initiative - Presentation by Rosalie Leaberry.

Action: Rosalie Leaberry presented information on the GP3 Youth Initiative.

5.     11:30 A.M.  Hold Nuisance Abatement Accounting Hearing for the Property at: 181 Mobile Lane, Crescent City, Assessor's Parcel Number 110-320-21.**

Action: DNCO Resolution 2007-052

Sworn testimony was heard from David Mason, County Code Enforcement Officer, Eileen Cooper, property owner and Donna Thompson.

After discussion by the Board, the Board approved the cost accounting and civil penalties as accurate and reasonable and adopted a Resolution Confirming an Accounting of Costs of Abatement of a Public Nuisance and Authorizing a Special Assessment and Lien to Recover Said Costs of Abatement and authorized the Code Enforcement Officer to file said lien with the County Recorder and the County Auditor.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Gerry Hemmingsen

 

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

Vote Nay:       1              Martha McClure

Vote Abstain: 0              None

6.     11:35 A.M.  Acting as the State Board of Equalization, Hear an Application for Change of Assessment  - APN 51-92-0046/1242 (SkyWest Airlines, Inc.) - Continued from Apri1 24, 2007.**

Action: The Board of Supervisors adjourned and reconvened as the State Board of Equalization.

Louise Wilson, County Assessor was sworn in and advised the Board that the applicant’s agent had requested a continuance and they were working towards and agreement at this time.  The continuance was granted.

The State Board of Equalization adjourned and the meeting of the Board of Supervisors was reconvened.

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 Consent Agenda Items. 

The Consent Agenda (Items 7 and 8, 10 and 12 through 23) was adopted unanimously.  Items 9 and 11 were pulled for discussion and separate vote.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Gerry Hemmingsen

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

7.     Approve the minutes from August 7, 2007 Special Joint Session meeting.**

Action: Approved

8.     Approve the minutes from August 14, 2007 meeting.**

Action: Approved

9.     Approve and Authorize the Chair to sign the contract with SHN Consulting Engineers and Geologists, Inc to provide permit and environmental services for the Roy Rook Boat Launch Repair Project as requested by the Assistant County Administrative Officer.**

Action: DNCO Agreement 2007-148

This item was pulled for separate discussion and vote by Supervisor Finigan. 

The Assistant County Administrative Officer asked that the recommendation be changed to allow staff to discuss the wording changes with County Counsel, County Engineer, and SHN, and allow the Chair to sign at a later date.  It was noted that the changes do not affect the total dollar amount of the contract or the scope of work.

The motion was stated by Supervisor Finigan as to approve and authorize the Chair to sign the agreement contingent on negotiations between staff and County Counsel regarding the amendments to text subject to agreement by staff, SHN and County Counsel.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Leslie McNamer

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

10. Approve the Washington Boulevard/Arlington Drive Traffic Signal as completed in accordance with Caltrans Funding and the Agreement between the Contractor and the County as requested by the County Engineer.**

Action: Approved

11. Approve and Authorize the Chair to sign the Agreement with SHN Engineers and Geologists, Inc. to provide construction engineering services for the Klamath Beach Road Storm Repair Project as requested by the County Engineer.**

Action: DNCO Agreement 2007-149

This item was pulled for separate discussion and vote by Supervisor Finigan. 

The Assistant County Administrative Officer asked that the recommendation be changed to allow staff to discuss the wording changes with County Counsel, County Engineer, and SHN, and allow the Chair to sign at a later date.  It was noted that the changes do not affect the total dollar amount of the contract or the scope of work.

The motion was stated by Supervisor Finigan as to approve and authorize the Chair to sign the agreement contingent on negotiations between staff and County Counsel regarding the amendments to text subject to agreement by staff, SHN and County Counsel.

12. Approve the expenditure of Title III funds in the amount of up to $41,220.00 for the revised Fire Facility Upgrade/Runway Rehabilitation Project at Ward Field in Gasquet as requested by the Director of Community Development.**

Action: Approved

13. Approve and Authorize the Chair to sign the Local Agency DBE Annual Submittal form for FY 2007/2008 as requested by the Deputy Director of Community Development.**

Action: Approved

14. Approve and Authorize the Chair to sign the Agreements with VSS Emultech for asphalt oil and Traffic Solutions, Inc for road striping services and Granite Construction Co. for materials supply as requested by the Deputy Director of Community Development.**

Action: DNCO Agreement 2007-150 (Granite Construction Company); DNCO Agreement 151 (VSS Emultech); DNCO Agreement 2007-152 (Traffic Solutions, Inc.)

15. Accept the Department of Health and Human Services' Transition Report II as requested by the Director of Health and Human Service.**

Action: Accepted

16. Approve and Authorize the Chair to sign the Agreement with Hallis CPA for Certified Public Accounting services as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-153

17. Approve and Authorize the Chair to sign the Amendment to the Agreement with Crescent Fire Protection District for the provision of Emergency Bioterrorism Preparedness as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-154

18. Approve and Authorize the Chair to sign the Amendment to the Agreement with United Indian Health Services Inc. (UIHS) for the provision of Emergency Bioterrorism Preparedness as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-155

19. Approve and Authorize the Chair to sign the Agreement, Certification and Memorandum of Understanding with the State of California for provision of HIV Prevention, HIV/AIDS Surveillance, and HIV Counseling and Testing as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-156

20. Approve and Authorize the District Attorney to pay an experienced Deputy District Attorney III at a Step C retroactive to date of hire as requested by the District Attorney.**

Action: Approved

21. Approve and Authorize the Chair to sign an Agreement with Brim Aviation for Aerial Surveillance Flying Services as requested by the Sheriff/Coroner.**

Action: DNCO Agreement 2007-157

22. Waive full reading, read by title only and introduce an Ordinance of the Del Norte County Board of Supervisors new section 3.41 entitled "Delegation of Investment Authority to the Treasurer" as requested by the County Counsel.**

Action: DNCO Ordinance 2007-004

23. Approve the Appointment of Dwayne B. Smith and Madelyn Beth Welch to the Pacific Shores Water District as recommended by the County Clerk-Recorder Registrar of Voters.**

Action: Approved

 

REGULAR ITEMS

GENERAL GOVERNMENT:

24. Introduction of the Juvenile Justice Commission and Information on current projects.  No Action Necessary.**

Action: Paul Dillard gave an overview of the Commission.  Members of the Commission John Wilson, Alicia McKellar, Jon Alexander, Mary Jo Duncan and John Murphy were introduced.

25. Authorize the purchase of two (2) vehicles prior to the adoption of the Final Budget the combined total for the two (2) vehicles shall not exceed $43,000.00 as requested by the Director of Community Development.**

Action: Authorized

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

26. Approve the Applications to the Governors Office of Emergency Services for monies for the Victim Witness Program, Child Abuse Treatment Program and Approve the budget changes that were necessary to adjust for changes in personnel line items as requested by the District Attorney.**

Action: Approved

 

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:

27. Approve a Budget Transfer (06-41) within the 06-07 Alcohol and Other Drug Programs budget in the amount of $11,755.00 as requested by the Director of Health and Human Services.**

Action: Approved

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Leslie McNamer

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

LEGISLATIVE AND BUDGET ISSUES:

28. 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: None were discussed.

CAPITAL PROJECTS:

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

Action: Item included in the packet for review.

ADJOURNMENT

Action: The September 11, 2007 Board Meeting has been cancelled.

 

 

 

Sherri Adams, Clerk of the Board

County of Del Norte, State of California              Date Posted:  August 31, 2007

 

 

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