A G E N D A

BOARD OF SUPERVISORS

DEL NORTE COUNTY

STATE OF CALIFORNIA

DEL NORTE HIGH SCHOOL LIBRARY

1301 EL DORADO

CRESCENT CITY, CALIFORNIA

SPECIAL MEETING

Tuesday, November 06, 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 9:00 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 – 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. Pursuant to Government Code 54997, conduct the annual evaluation of the Director, Bar-O Ranch.

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: Del Norte 4-H Program.

· The Pledge of Allegiance to the Flag led by Vanessa Alexandre.

· And How Are The Children?

Action: Deja Hartwick, Andrew Fallman and Vanessa Alexandre gave a presentation on attending Cal Focus in Sacramento and on how 4H teaches caring, responsibility and leadership.

· Introduction of new employees to the Board of Supervisors.

Action: No new employees were introduced.

· 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 commented on her US History studies; Supervisor Hemmingsen reported on attending a Fisheries Management Association meeting, attending a 2x2 meeting with Redwood National and State Parks and a Future Facilities meeting and congratulated the High School Fall Sports Teams and their successes; Supervisor McNamer commented on attending the Northern California Counties Supervisors Institute, attending a Nortec meeting and Chamber meeting; Supervisor Sullivan reported on attending a 2x2 meeting with Redwood National and State Parks, attending a Plumas County Field trip with Tri Agency, attending a City/County Law Enforcement meeting, meeting with staff on Fred Haight Drive, attending a Tri Agency meeting, attending the first Border Coast Airport Authority Meeting, and Route review meeting for 197/199; Supervisor Finigan reported on attending a Safe and Healthy Families meeting, Harrington House luncheon, attending a Plumas County Field Trip with Tri Agency, a TV interview at the new ARFF Building, attending the first Border Coast Airport Authority meeting, participating in an RCRC call in, attending a First 5 meeting and a CASA Board meeting.

Supervisor Sullivan asked that staff look at the process to change the No Net Loss Resolution to and Ordinance.

The Public Administrator commented on the property located on 1329 Burtschell Street. The heirs to the property have been notified in writing of the County's request that they submit in writing that they want nothing to do with the property. The Board directed that an update be given at the December 11, 2007 meeting.

2. 10:25 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 David Gensaw, Sr.

3. 10:35 A.M. And How Are the Students?

Action: Deja Hartwick, Student Body Vice President, gave an update on how the students were doing at Del Norte High School. Miss Hartwick introduced the Leadership Class and Mr. Barney, Del Norte High School Principal. The County Administrative Officer commented on developing an internship program where students could participate and learn government processes in the Administration Office as well as in other County departments.

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.

The Consent Agenda (Items 4 through 9 and Items 11 through 24) was adopted unanimously. Supervisor McClure pulled Item 10 for separate discussion and vote.

Motion: Move to approve

Move: Gerry Hemmingsen

Second: Michael Sullivan

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

Vote Nay: 0 None

Vote Abstain: 0 None

4. Approve the Minutes from the October 16, 2007 special meeting.**

Action: Approved

5. Approve the Minutes from the October 23, 2007 meeting.**

Action: Approved

6. Approve the Minutes from October 30, 2007 special meeting.**

Action: Approved

7. Approve a Proclamation of IHSS Home Care Worker Recognition Week from November 11th thru November 17th 2007 as requested by the Director of Health and Human Services.**

Action: Approved

8. Adopt a Resolution Appointing Kenneth Smith as Del Norte County's Agriculture Commissioner/Sealer of Weights and Measures and Animal Control Officer and Approve the employment agreement as presented in the tentative offer as requested by the County Administrative Officer.**

Action: DNCO Resolution 2007-063

9. Appoint Supervisor Hemmingsen as the Alternate Member of the Board of Supervisors to the Tri-Agency Economic Development Authority.**

Action: Approved

10. Approve the make up of the Local Transportation Commission with Supervisor Sullivan, Supervisor McNamer and Douglas Wakefield (Public Member) as the Board of Supervisors appointments with alternates Supervisors McClure, Finigan and Hemmingsen**

Action: Supervisor McClure pulled this item for separate discussion and vote.

After discussion by the Board, Supervisor Hemmingsen moved to change the makeup of the Local Transportation Commission as presented and directed the Clerk of the Board to post the Alternate Public Member vacancy, per the Maddy Act, seconded by Supervisor Sullivan.

Motion: Move to approve

Move: Gerry Hemmingsen

Second: Michael Sullivan

Vote Yea: 3 Gerry Hemmingsen, Michael Sullivan, David Finigan

Vote Nay: 2 Martha McClure, Leslie McNamer

Vote Abstain: 0 None

11. Appoint Kathryn Murray as the District 1 Consumer Member to the Fish and Game Advisory Commission as requested by Supervisor McNamer.**

Action: Approved

12. Approve and Adopt a Resolution Prescribing the 2007/2008 Allocation of Real Property Tax Administrative Fees to each City, County, Special District, School District, Community College District and County Superintendent of Schools setting the 2006/2007 Property Tax Administration Fees to be charged in 2007/2008 as requested by the Auditor-Controller.**

Action: DNCO Resolution 2007-064

13. Approve and Authorize the Sheriff to enter into an Agreement with the Crescent City Harbor District for the rental of premises for a period beginning July 1, 2007 through and including June 30, 2008 as requested by the Sheriff-Coroner.**

Action: DNCO Agreement 2007-203

14. Approve and Authorize the Chair to sign the Elk Valley Road-Cooperative Work Agreement with Caltrans as requested by the Deputy Director Community Development.**

Action: DNCO Agreement 2007-204

15. Approve the installation of a speed table on Madison Avenue near the intersection of Alexandria Court as requested by the County Engineer.**

Action: Approved

16. Approve and Adopt a Resolution Adding a Portion of State Street to the County Maintained Road List as requested by the County Engineer.**

Action: DNCO Resolution 2007-065

17. Approve the proposed list of projects for Proposition 1B Funds and Authorize staff to forward same to the California Department of Finance as requested by the County Engineer.**

Action: Approved

18. Approve the Del Norte County Community Service Area (CSA) Capacity, Management, Operation and Maintenance (CMOM) Program as requested by the County Engineer.**

Action: Approved

19. Approve and Authorize the Chair to sign the Agreement with Robert Soper, M.D. for provision of psychiatric services as requested by the Director of Health and Human Service.**

Action: DNCO Agreement 2007-205

20. Approve and Authorize the Chair to sign the Agreement with Raphaelle A. Butler, M.D. for the provision of psychiatric services as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-206

21. Approve and Authorize the Chair to sign the Agreement with Wendy Saville, M.D. for the provision of psychiatric services as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-207

22. Approve and Authorize the Chair to sign the Residential Lease Agreement for Project Homecoming Home with Lehman Property Management for property located at 160 Ninth Street, Crescent City, CA 95531 as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-208

23. Approve and Authorize the Chair to sign the Residential Rental Agreement for Project Homecoming with Dee McKinney for property located at 1604 Pacific, Crescent City, CA 95531 as requested by the Director of Health and Human Service.**

Action: DNCO Agreement 2007-209

24. Approve and Authorize the Chair to sign the "Release of Lien" between the County of Del Norte and Betty Bransford as requested by the Director of Health and Human Services.**

Action: Approved

REGULAR ITEMS

GENERAL GOVERNMENT:

25. Approve and Adopt a Resolution Authorizing staff to apply for Safe Routes to School funds for construction of pedestrian facilities on Glenn Street from Hamilton Avenue to Pacific Avenue and Authorize the County Engineer to prepare and sign said application as requested by the Deputy Director of Community Development.**

Action: DNCO Resolution 2007-066

After discussion by the Board, staff was directed to develop an ordinance regarding County policy on placing conduit for future underground projects.

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

26. Approve and Authorize the use of Housing Rehabilitation Program Income to cover the cost of building fees in response to a request from Habitat for Humanity dated September 24, 2007 and as directed by the Board at their October 9, 2007 meeting as requested by the County Administrative Officer.**

Action: Public Comment was heard from Carol Matthews, President, Habitat for Humanity.

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

27. Approve and Authorize the Chair of the Board of Supervisors to sign the Memorandum of Agreement with the Crescent City/Del Norte Chamber of Commerce in financial support of "Action Del Norte", the Community Progress Initiative as requested by the County Administrative Officer.**

Action: DNCO Agreement 2007-210

Public comment was heard from Chris Howard and Reweti Wiki from the Chamber of Commerce.

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

28. Approve the breaching of Lake Earl at the level of 8 feet MSL or greater as part of the Army Corps Permit number 27850N as requested by the County Engineer.**

Action: Approved

Public comment was heard from Richard Buzzini. County Counsel was directed to meet with the Mr. Buzzini and discuss the ownership of the Lake.

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

29. Consider the request from the Addie Meedom House to enter into an agreement to provide maintenance of the proposed four inch sewer force main which in turn would allow Addie Meedom House a Caltrans encroachment permit to install their sewer force main in Caltrans right-of-way as requested by the County Engineer.**

Action: Approved

The County Engineer gave an overview of the project. Public comment was heard from Michael Young. County Counsel suggested that the agreement include an indemnity agreement to accompany the bond,

Motion: Move to approve

Move: Michael Sullivan

Second: Gerry Hemmingsen

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

Vote Nay: 0 None

Vote Abstain: 0 None

30. Consider the applications for Public Member appointment to the Border Coast Airport Authority. Take Action as Necessary.**

Action: Approved

After discussion by the Board, Supervisor Sullivan moved to approve the appointment of Dan Harrison as the Public Member Cynthia Speakman as the Public Member Alternate and the removal of Supervisor Sullivan on the Border Coast Airport Authority. Supervisor McNamer seconded the motion.

Motion: Move to approve

Move: Michael Sullivan

Second: Leslie McNamer

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

Vote Nay: 1 Martha McClure

Vote Abstain: 0 None

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

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