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, September 25, 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.

Hold a closed session to consider and discuss litigation and personnel matters: 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 – 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; Susan White v District Attorney, CVUJ 07-1436; 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: First 5 Del Norte.

· The Pledge of Allegiance to the Flag led by Patti Vernelson, Executive Director, First 5 Del Norte.

· And How Are The Children?

Action: Patti Vernelson, Executive Director of First 5 Del Norte gave an update on the progress of the Family Resource Center. Ms. Vernelson thanked the County for their partnership in the project.

· Introduction of new employees to the Board of Supervisors.

Action: New employees Genessy Brusseau and Colin Ramsey were introduced by the Director of Information Technology and Lisa Heriford was introduced by the Auditor-Controller.

· 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, corrections or additions were requested.

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 McClure reported on attending a Solid Waste Management meeting and the Budget Hearing meeting; Supervisor Hemmingsen commented on attending an Action Del Norte Cluster meeting, Aviation Advisory Commission, tour of the Agnew property, attending a Northwest Resource Conservation District meeting, LTCO meeting, California Department of Correction and Rehabilitation Summit Meeting in Redding, RCRC Annual Conference and LAFCO meeting; Supervisor Sullivan reported on attending a tour of the Agnew property, attending two meetings at Pelican Bay with the Warden, attending the Washington DC Fly-in for HR 3058, RCRC Annual Conference and attending an LTCO meeting; Supervisor McNamer commented on attending the RCRC Annual Conference, LTCO meeting, Solid Waste Management Authority meeting, Senior Center meeting, CASA meet and greet, Boys & Girls Club Dinner to honor Jeannine Galatioto as Mentor of the Year, attending the Budget Hearing, Air Quality Management District Public Hearing and attending a LAFCO meeting; and Supervisor Finigan commented on the Aviation Advisory Commission meeting and signing of the Airport JPA on October 4, attending a CASA meeting, participating in the Washington DC Fly-in for HR 3058, attending the CASA Golf Tournament, CASA Board meeting, attending the RCRC Annual Conference and RCRC teleconference.

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 Richard Miles, Linda Beck and Robert Owen.

3. 10:45 A.M. Conduct a Public Hearing to Consider a Rezone for Oliver de Leon (R0706/UP0741, APN 115-136-18) located at 721 Darby Street, Crescent City, CA; Adopt Findings of Approval for the Rezone; and Adopt an Ordinance Replacing Non-Coastal Zoning Map D-10 Pursuant to Chapter 20.52 of the Del Norte County Code.**

Action: DNCO Ordinance 2007-005

A brief overview of the project was given by the Planner. The Chair opened the Public Hearing and no comment was received. The Chair then closed the Public Hearing and brought the item back to the Board for discussion. The Board unanimously accepted the recommendation of the Planning Commission by adopting the findings and approving the project.

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

4. 10:50 A.M. Conduct a Public Hearing to Consider a Rezone for Ed Hartwick for "D" Combining District Rezone and Minor Subdivision (R0707/MS0720, APN 106-070-20) located at Boyd's Way, off Lake Earl Drive, Crescent City; Adopt the Findings and Negative Declaration; and Adopt an Ordinance Replacing Non-Coastal Zoning Map C-7 Pursuant to Chapter 20.52 of the Del Norte County Code.**

Action: DNCO Ordinance 2007-006

Supervisor Sullivan recused himself from this item.

A brief overview of the project was given by the Senior Planner. The Chair opened the Public Hearing and no comment was received. The Chair then closed the Public Hearing and brought the item back to the Board for discussion. The Board accepted the recommendation of the Planning Commission by adopting the findings and approving the project.

Motion: Move to approve

Move: Gerry Hemmingsen

Second: Leslie McNamer

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

Vote Nay: 0 None

Vote Abstain: 1 Michael Sullivan

5. 11:00 A.M. Acting as the Board of Equalization, Hear the Application for Change of Assessment APN 101-082-04 (Don C. Holcomb).**

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

Steve Hart, Deputy Assessor and Louise Wilson, Assessor were sworn in. Mr. Hart handed out information for the record that included information on the property and the comparable properties. Sworn testimony was heard from the Applicant, Don Holcomb.

After discussion by the Board and based on the evidence and testimony presented, the Board upheld the assessed value of the property and denied the appeal.

The Chair adjourned as the Board of Equalization and reconvened as the Board of Supervisors.

Motion: Move to approve

Move: Leslie McNamer

Second: Martha McClure

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

Vote Nay: 0 None

Vote Abstain: 0 None

6. 11:30 A.M. Approve the proposed improvements to Elk Valley Road submitted by Redwood National & State Parks; Authorize the Chairman of the Board and the County Engineer to sign the plans; and Authorize staff to issue Redwood National & State Parks an encroachment permit for the installation of the improvements as requested by the County Engineer.**

Action: The County Engineer provided comment on the proposed improvement to Elk Valley Road. Comments were heard from Jeff Bomke, RNSP, Ray Cosby, RNSP, Ray Martell, Elk Valley Rancheria, Steve Chaney, RNSP and Ron Plechaty. The Board directed that County Engineering meet with RNSP and Elk Valley Rancheria to determine if there is any significant impact on the Sovereign Nation with a Board Member present to facilitate the discussion and report back to the Board for further consideration. This item was continued until this discussion takes place.

Chair Finigan commented that if RNSP had gone through the permit process, there would have been public input and involvement throughout the project. To that end, when this item is continued it will be scheduled as a public hearing to assist them to communicate with the public.

7. 1:00 BREAK FOR LUNCH

8. 2:30 P.M. Continuance of 2007-2008 Final Budget Hearings:

8. 2:30 P.M. Continuance of 2007-2008 Final Budget Hearings.

1) Approve Side Letter Agreement between the County and the Del Norte County Employees Association modifying the health plan enrollment waiting period from 180 days to 60 days effective October 1, 2007.

DNCO Agreement 2007-161

2) Direct the County Auditor-Controller to discontinue mandatory health insurance contributions from temporary employees commencing October 5, 2007.

3) Effective June 30, 2007 as part of the year end process, transfer $700,000 from the Health & Welfare Special Revenue to budget unit 418 Mental Health to offset a the a portion of the Mental Health Fund deficit.

4) Effective June 30, 2007 as part of the year end process, transfer the excess fund balance in the Tax Resources Fund to the Health Insurance Fund designated to other post retirement benefits as required by GASB 43 & 45.

The Health Insurance Special Revenue Fund is designated to other post retirement benefits as required by GASB 43 & 45. The interest accrued in the fund is to be transferred to the General Fund.

5) Discuss OES grants within the District Attorney's Office and take action as necessary.

This item was held over to October 1, 2007 for final decision.

6) Adopt the attached County Vehicle Use Policy pertaining to the day to day use of County and personal vehicles for County business.

7) Approve a five percent salary adjustment for the Director of Community Development and the Chief Probation Officer to off-set the loss of personal vehicle use.

Motion: Move to approve

Move: Martha McClure

Second: Gerry Hemmingsen

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

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.

On a motion by Supervisor McNamer, seconded by Supervisor Hemmingsen, with items 14 and 20 pulled for discussion and separate vote and Supervisor Sullivan abstaining from voting on Item 15, the Board adopted the Consent Agenda (Items 9 through 13,15,16 through 19 and 21 through 39).

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

9. Approve the minutes from August 28, 2007 meeting.**

Action: Approved

10. Adopt a Proclamation Declaring September 29 and 30, 2007 as "Surf's Up Weekend" in Recognition of the Twelfth Annual Noll Longboard Classic.

Action: Approved

11. Approve and Adopt a Resolution Observing and Participating in the Seventh Bi-National Health Week, October 13 to 21, 2007 as requested by Manos Unidos Incorporated and Open Door Community Health Centers.**

Action: DNCO Resolution 2007-055

12. Adopt a Proclamation Declaring October as Domestic Violence Awareness Month.**

Action: Approved

13. Approve and Authorize the Chair to sign the agreement between the County and Babich Construction for construction services for the construction of a storage garage at the Veteran's Cemetery as requested by the Assistant County Administrative Officer.**

Action: DNCO Agreement 2007-162

14. Appoint the following members to the newly formed Border Coast Airport Authority JPA: Supervisor Finigan (4 year term), Supervisor Hemmingsen (4 year term), Supervisor Sullivan (2 year term) and Supervisor McNamer (Alternate member) as requested by Supervisor Finigan.**

Action: This item was pulled for discussion and separate discussion. Supervisor McClure requested clarification from County Counsel regarding the Brown Act and the appointment of Board members to the JPA. County Counsel is to research and report back to the Board.

Motion: Move to approve

Move: Gerry Hemmingsen

Second: Michael Sullivan

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

Vote Nay: 1 Martha McClure

Vote Abstain: 0 None

15. Authorize the Chair to sign of letter of support to Dirk Kempthorne, Secretary, U.S. Department of the Interior regarding the Elk Valley Rancheria, California Gaming Land Acquisition.**

Action: Approved

16. Direct staff to work with the American Fishing Foundation to develop an agreement to form a partnership with Del Norte County and other interested parties for the continued maintenance, improvement and stewardship of the Roy Rook Boat Launch Facility as requested by Supervisor Finigan.**

Action: Approved

17. Approve and Authorize the Clerk of the Board to expend budget funds not to exceed $100.00 for refreshments for the Airport Joint Powers Agreement signing at McNamara Field tentatively scheduled for the first week in October, 2007 as requested by the County Administrative Officer.**

Action: Approved

18. Approve and Adopt the Agreement with the Del Norte County Sheriff's Employees Association adopting the following: A five percent (5%) Cost of Living Adjustment, effective October 5, 2007 and a five percent (5%) Cost of Living Adjustment effective June 28, 2008 as requested by the County Administrative Officer.**

Action: DNCO Agreement 2007-163

19. Approve and Authorize the Recommendation of the Appointment of Colleen Luttrell to the Library Board as requested by the Director of the Library Board of Trustees.**

Action: Approved

20. Approve and Authorize the Chair to sign an Agreement to Purchase Tax-Defaulted Property and Adopt a Resolution of Approval by the Board of Supervisors Approving the Sale of Tax-Defaulted Property by Chapter 8 Sale as requested by the County Treasurer-Tax Collector.**

Action: This item was pulled for discussion and separate vote.

The Treasurer-Tax Collector commented on the Chapter 8 sale. Staff was directed to present an analysis to the Board regarding Chapter 8 sales and if it has to be sold or if the County as a public entity can request the land come to us.

21. Authorize the Chair to sign an Agreement for Professional Services with David Gustafson to perform the duties of County Surveyor as requested by the Director of Community Development.**

Action: DNCO Agreement 2007-165

22. Approve and Authorize the Sheriff to sign the Amendment to the contract between the California Department of Corrections, Parole Division and the Del Norte County Sheriff's Department to operate a substance abuse treatment center for state parole violators as requested by the Sheriff-Coroner.**

Action: DNCO Agreement 2007-166

23. Approve and Authorize the Sheriff to sign an agreement with Sutter Coast Hospital for health services as requested by the Sheriff-Coroner.**

Action: DNCO Agreement 2007-167

24. Approve and Authorize the Chair to sign the Amendment to Agreement (2007-018) for Placements at Bar-O Ranch with Siskiyou County as requested by the Director, Bar-O Boys Ranch.**

Action: DNCO Agreement 2007-168

25. Approve and Authorize the Chair to sign the Amendment to Agreement (2006-182) for Placements at Bar-O Ranch with Santa Cruz County as requested by the Director, Bar-O Boys Ranch.**

Action: DNCO Agreement 2007-169

26. Approve and Authorize the Chair to sign the Amendment to Agreement (2006-116) for Placements at Bar-O Ranch with El Dorado County as requested by the Director, Bar-O Boys Ranch.**

Action: DNCO Agreement 2007-170

27. Approve and Authorize the Chair to sign the contract in the amount of $20,000.00 annually with ABC Legal Services (DBA Process Forwarding International) as requested by the Interim Director of Child Support Services.**

Action: DNCO Agreement 2007-171

28. Approve and Authorize the Chair to sign the Agreement for Access to Harvest County Trees with Richterich & Jones Construction, Inc to remove eight trees located on Childs Avenue right-of-way, between Modoc Street and Smuggler's Cove Subdivision as requested by the County Engineer.**

Action: DNCO Agreement 2007-172

29. Approve and Authorize the Chair to sign an agreement with Brown Construction to clear and grub approximately 25 acres associated with obstruction clearance project on adjacent to Jack McNamara Airport not to exceed 25 acres or $80,000.00 and Authorize the Airport Manager to execute individual change orders in an aggregate amount not to exceed a maximum of ten percent (%10) of the bid amount as requested by the Airport Manager.**

Action: DNCO Agreement 2007-173

30. Approve and Authorize the Chair to sign the Agreement for Services in the amount of $60,000 with Enplan to provide a Digital Cadastral Parcel Map and Relational Assessor Parcel Number Database for the County GIS system, and implement procedures in our Assessor's office to maintain the base layer as requested by the Director of the Department of Information Technology.**

Action: DNCO Agreement 2007-174

31. Approve and Authorize the Chair to sign the Agreement with Humboldt Addictions Services Program (HASP) for a drinking driver treatment program as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-175

32. Approve and Authorize the Chair to sign the Agreement with James McCubbrey to provide Tobacco Use Prevention Program (TUPP) evaluation and program development services as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-176

33. Approve and Authorize the Chair to sign the Agreement with St. Helena Hospital in St. Helena, CA for Psychiatric Inpatient Hospital Services as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-177

34. Approve and Authorize the Chair to sign the Agreement with St. Helena Hospital Center in Vallejo, CA for Psychiatric Inpatient Hospital Services as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-178

35. Approve and Authorize the Chair to sign the Agreement with Remi Vista, Inc. to provide Transitional Housing Placement Program (THPP) services to designated dependents and wards of Del Norte County as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-179

36. Approve and Authorize the Chair to sign the Residential Lease Agreement with Jacques Federman for property located at 466 Childs Avenue as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-180

37. Approve and Adopt a Resolution Regarding the Provision of Evaluation Services for mentally disordered persons as requested by the Director of Health and Human Services.**

Action: DNCO Resolution 2007-057

38. Approve and Authorize the Chair to sign the Agreement with Skyway House for adult residential treatment of alcohol and other drug abuse as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-181

39. Approve and Authorize the Chair to sign an Agreement between the County and North Valley Behavioral Health LLC dba Sequoia Psychiatric Center for Non-Hospital Acute Psychiatric Bed Days as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-182

REGULAR ITEMS

GENERAL GOVERNMENT:

40. Discussion regarding relocating utilities underground. Take Action as Necessary.**

Action: Comments were heard from Ron Plechaty and Armand Trinitopoli, Ernest Perry, Director of Community Development, and Board Members. Staff was directed to verify the amount in the fund with Pacific Power. Mr. Perry indicated that is was critical to have the City's participation in this project. The Chair directed staff to add to the agenda for the next Joint City/County meeting on October 17, 2007.

41. Waive full reading, read by title only and adopt an Ordinance of the Board of Supervisors of the County of Del Norte Delegating Investment Authority to the County Treasurer as requested by County Counsel.**

Action: DNCO Ordinance 2007-004

Motion: Move to approve

Move: Leslie McNamer

Second: Martha McClure

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

Vote Nay: 0 None

Vote Abstain: 0 None

LEGISLATIVE AND BUDGET ISSUES:

42. 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.

43. Authorize the Chair to sign a letter of support to encourage Governor to sign AB 1542 (Evans) Mobilehome Parks Conversions.**