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, March 25, 2008

    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) 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 Court, Case No. CVPT 06-1454; Wendy Ormsby v Del Norte County, DN Superior Court, Case No, CVUJ 03-1501;John Gimbel v. County of Del Norte, US District Court, Northern California Division., Case No. C070113; Connie Lawson v. Del Norte County, DN Superior Court., Case No. CVUJ06-1190; Joseph Rimac v. Del Norte County, US District Court, Northern California Division,  SC C 07-0298; Linda Loughridge v. Del Norte County, DN Superior Court, Case No. CVUJ 07-1094; David L. Elsebusch v. Del Norte, DN Superior Court, Case No. CVCV06-2313; Dawn Heckel v District Attorney, DN Superior Court, Case No. CVPI 07-1176;County of Del Norte v Beckett et al, DN Superior Court., Case No. CVUJ 05-1557; Susan White v District Attorney, Case No. CVUJ 07-1436; Gimbel v. California, US District Court, Northern California District Case No. C 07-058196 EMC; Clark v. Del Norte County, DN Superior Court, Case No. CVPM07-1496; and Coyle v. James marmon, et al., DN Superior Court Case No. CVPM07-1572  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:  Court Appointed Special Advocates (CASA)

Action: Susie Minx gave a presentation about CASA and its programs and progress.

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

·        Introduction of new employees to the Board of Supervisors.

Action: Eric Lauchetedt, Senior Engineering Technician, was introduced.  Fran Visser introduced the new apprentices to the Child Support Program:  Karie MacPhee, Jessica Brown, Ron Manning, and Tiffany Jensen.

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

Action: Chair Finigan stated that no reportable action was 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.    10:10 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 Sullivan reported on attending a Law Enforcement meeting with Sheriff Dean Wilson, Chief Plack, the City Manager,  Councilman Richard Enea, and County Administrative Officer Jeannine Galatioto, attending a Solid Waste Management Authority meeting, traveling to Sacramento with Chris Howard and Tamara Buchanan to meet with officials regarding Hwy 199, attending the Silver Ball, attending an elder abuse workshop given by the District Attorney's office, attending the Economic Summit given by the Chamber, commented on the progress of the Square Deal building, and commented on the need for a 3-way stop sign on East Essex;  Supervisor McNamer reported on attending an Intergovernmental Relations Committee (IGRC) meeting, participating in an RC & D video conference with Supervisor Hemmingsen, attending a Chamber mixer at the Economic Development Corporation, attending a LAFCO meeting, and attending an Air Quality Management meeting in Eureka;  Supervisor McClure reported on attending a Solid Waste Management meeting, attending a Juvenile Justice Commission meeting regarding the application for a grant to employ an interventionist at the Junior High and High School level, commented on the Humane Society commercial, attending the Economic Summit, volunteering at the Historical Society and gave tours of the Lighthouse, attending a Healthy Workforce meeting, meeting with Coastal Conservancy regarding the second phase of the Point St. George development, attending the Revolving Loan Committee meeting, participating in a teleconference with Community Health Alliance regarding insurance for children and the California endowment, commented on the CAPIT government program regarding child abuse, and attending a meeting with Ben Cameron regarding assisting the Veterans;  Supervisor Hemmingsen reported on attending a State/National Parks meeting, participating in an RC &D videoconference with Supervisor McNamer, attending a Healthy Workforce meeting, attending a Future Facilities meeting concerning asbestos removal in the Memorial building and the Recreation Gym and the repairs to the boat ramp, commented on a trip taken to Ukiah to meet with the Crab Advisory Committee in order to advise legislators on what needs to be done, and attending a LAFCO meeting; Supervisor Finigan reported on attending a meeting with the Klamath Chamber of Commerce concerning the fishing federation, suggested to Supervisor Hemmingsen to look into the speed limits on West and East Madison and to recommend solutions to the problem, attending an IGRC meeting, attending the Economic Summit,  attending a meeting at the Family Resource Center regarding the 501C3 Board, meeting with RCRC in Sacramento in reference to the budget, meeting with CSAC, commented on the reimbursement of Mental Health services,  and commented on placeholder in the budget language regarding Secure Roads and Schools Re-Authorization.

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 Armand Trinitopoli on ADA requirements, Ron Plechaty on underground utilities, Sheriff Dean Wilson, and Richard Miles on Tsunami anniversary.

3.    10:45 A.M. Presentation from Greg Burns regarding Marlowe & Company.**

Action: The presentation was postponed until 2:00 pm.

 

Greg Burns gave a presentation on the services provided by Marlowe & Company.  Comment was heard from Supervisors Sullivan, McNamer, Finigan, McClure, and Hemmingsen.  The presentation was continued to 4:30 P.M. on March 26, 2008.

4.    11:00 A.M.  Presentation from Fran Visser regarding Child Support Services.**

Action: Fran Visser gave a presentation on the progress and programs of Child Support Services.

5.    11:15 A.M. Conduct a Public Hearing to consider an Ordinance Amending the Master Fee Ordinance and adjusting fees at the Animal Shelter as requested by the Agricultural Commissioner.**

Action: DNCO Ordinance 2008-02

Ken Smith spoke about the changes that were to be made to the Ordinance. The Chair opened the Public Hearing. No public comment was given. The Chair closed the Public Hearing.

On a motion by Supervisor Sullivan and seconded by Supervisor McClure the Ordinance was read by title, waived full reading, and passed to the next meeting for the second reading.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

6.    11:30 A.M.  Conduct a Public Hearing to discuss submission of the 2008 General Allocation Community Development Block Grant Application as requested by the County Administrative Officer.**

Action: DNCO Resolution 2008-018 and DNCO Resolution 2008-019

James Carnegie gave a brief presentation on the General Allocation Community Development Block Grant Application.  The Chair opened the Public Hearing. No public comment was given.  The Chair closed the Public Hearing.

On a motion by Supervisor Sullivan and seconded by Supervisor McClure the Board accepted the submission of the 2008 General Allocation Community Development Block Grant Application.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

7.    11:45 A.M.  Conduct a Public Hearing to consider  an application for Rezone, Ali and Malihe Hooshnam (R0802C) and Appeal of Rezone, Ali and Malihe Hooshnam (R0802C) as requested by the Senior Planner.**

Action: DNCO Ordinance 2008-003       DNCO Resolution 2008-015

The Chair postponed the hearing until 2:15 pm.

After reviewing the attached paperwork, the Chair opened up the Public Hearing.

Public comment was heard from Dan Buchanan, Linda LaMarr, William Guevara, and Malihe Hooshnam.  Chair Finigan closed the Public Hearing and brought the matter back to the Board.  A motion was made by Supervisor McClure and seconded by Supervisor McNamer to accept the Appeal of Rezone and to deny the Rezone of Ali and Malihe Hooshnam (R0802C).Motion: 

Move to approve

Move:       Martha McClure

Second:    Leslie McNamer

Vote Yea:       2             Martha McClure, Leslie McNamer   

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

 

On a motion by Supervisor Hemmingsen and seconded by Supervisor Sullivan the Board denied the appeal of Rezone, Ali and Malihe Hooshnam (R0802C), and accepted the application for Rezone, Ali and Malihe Hooshnam (R0802C).

 

 

 

 

 

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

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.

 

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

8.    Approve and Adopt the Minutes from the March 11, 2008 meeting.**

Action: Approved

9.    Approve a Proclamation Proclaiming April 13 through April 19, 2008 "The Week of the Young Child" as requested by the Del Norte Local Child Care Planning Council Coordinator.**

Action: Approved

10. Adopt the attached Proclamation, establishing the week of April 6-12, 2008 as National County Government Week as requested by the Assistant County Administrative Officer.**

Action: Approved

11. Approve the Appointment of Supervisor Leslie McNamer to the Revolving Loan Committee to replace Supervisor Michael Sullivan as requested by the Chair.

Action: Approved

12. Approve and Adopt a Resolution of the Del Norte County Supervisors Supporting Funding for Del Norte County Schools as requested by the County Administrative Officer.**

Action: DNCO Resolution 2008-020

13. Approve an annual salary step increase within the corresponding salary range for Dan McCorkle, Director of Information Technology, effective October 4, 2007.**

Action: Approved

14. Approve Discharge of Accountability for uncollectible County Collection accounts as shown on the "Application for Discharge of Accountability" as requested by the Treasurer/Tax Collector.**

Action: Approved

15. Review the Annual General Plan Progress Report for the Governor's Office of Planning and Research and the Department of Housing and Community Development as requested by the Senior Planner.**

Action: Reviewed

16. Approve and Authorize the Chair to sign the second Amendment to the Agreement with North Valley Behavioral Health LLC dba Sequoia Psychiatric Center in Yuba City, CA for Non-Hospital Acute Psychiatric Bed Days as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2008-054

17. Approve and Authorize the Chair to sign Agreement with Sandra Morrison for Jordan Recovery Center residential substance abuse services as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2008-055

18. Approve and Authorize the Chair to sign Agreement for Immunization Services including a Certification Form with the California Department of Public Health as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2008-059

19. Approve and Authorize the Chair to sign the Comprehensive Agreement for Public Health Emergency Preparedness including a Certification Regarding Lobbying and Non-Supplantation Certification Form with the California Department of Public Health as requested by the Director of Health and Human Services.**

Action: AGR 2008-056

20. Approve and Authorize the Chair to sign the Agreement with the State of California, Department of Mental Health to increase the allocation paid to Del Norte County under the Mental Health Services Act as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2008-057

21. Approve and Authorize the Chair to sign the Amendment to the Agreement with American Star Security Corporation for transportation services as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2008-058

22. Approve State Hospital Purchase and Usage Agreement 07-77241-000 with the State of California Department of Mental Health, and Authorize the Director, Department of Health and Human Services to sign any associated or required documents as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2008-060

23. Approve and Authorize the Sheriff to enter into an Agreement with the State of California, Department of Boating and Waterways for the fiscal year 2008-2009 as requested by the Sheriff-Coroner.**

Action: DNCO Agreement 2008-062

REGULAR ITEMS

GENERAL GOVERNMENT:

24. Del Norte County Children's Report Card for Winter 2007.  Information only.**

Action: Patricia Vernelson spoke about the Del Norte County Children's Report Card and recognized Karen Sullivan for her efforts.  Gary Blatnick spoke briefly about areas of the Report Card.  Information Only.

25. Approve the plans and specifications for the Roy Rook Boat Launch disaster repair project and direct staff to begin the bid process as requested by the Assistant County Administrative Officer.**

Action: Jay Sarina spoke about the plans and specifications.  No Public Comment was given.

 

On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the plans and specifications for the Roy Rook Boat Launch Disaster repair project and direction of staff to begin the bid process was carried unanimously.

 

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 Staff to install a stop sign on Pine Grove Road, at the intersection of Cummins Road as requested by the County Engineer.**

Action: Arthur Reeve, County Engineer, commented.  No public comment was given.

 

On a Motion by Supervisor Hemmingsen and seconded by Supervisor Sullivan the Board Approved and Authorized Staff to install a stop sign on Pine Grove Road, at the intersection of Cummins Road.

 

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

27. Accept and Approve the application from the Bar-O- Boys Ranch for Title III funding in the amount of $30,000 and Direct the Clerk of the Board to publish a description of the proposed project in the local newspaper and to forward the proposed project to the Forest Service Representative of the Resource Advisory Committee for their review and comment as requested by the Director of Community Development.**

Action: No Public Comment was given.

On a motion by Supervisor McNamer and seconded by Supervisor McClure, the Board Accepted and Approved the application from the Bar-O-Boys Ranch for Title III funding in the amount of $30,000 and directed the Clerk of the Board to publish a description of the proposed project in the local newspaper and to forward the proposed project to the Forest Service Representative of the Resource Advisory Committee for their review and comment.

 

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. Accept and Approve the application for the Gateway Education for Title III funding in the amount of $7,800 and Direct the Clerk of the Board to publish a description of the proposed project in the local newspaper and to forward the proposed project to the Resource Advisory Committee for their review and comment as requested by the Director of Community Development.**

Action: No Public Comment was given.

On a motion by Supervisor McNamer and seconded by Supervisor McClure, the Board Accepted and Approved the application for the Gateway Education for Title III funding in the amount of $7,800 and Directed the Clerk of the Board to publish a description of the proposed project in the local newspaper and to forward the proposed project to the Resource Advisory Committee for their review and comment.

 

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

BUDGET TRANSFERS:

Action: ALL BUDGET TRANSFERS WERE TAKEN AS ONE ITEM

 

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. Approve a Budget Transfer within the District Attorney's Office in the amount of $6,246 for Spousal Abuse Grant reward as requested by the County District Attorney.**

Action: Approved

LEGISLATIVE AND BUDGET ISSUES:

30. Consider miscellaneous legislative and budget matters pertinent to the County of Del Norte.  Authorize the Chair to sign and send appropriate letters with respect to matters pending before the state or federal governments.

CAPITAL PROJECTS:

31. Written Capital Project Update. Information Only.**

Action: A Written Capital Project Update was given.

ADJOURNMENT

Action: The Chair recessed the meeting until 4:30 P.M. on March 26, 2008.

The meeting reconvened at 4:30 P.M. on March 26, 2008.

Greg Burns finished his presentation on Marlowe & Co.

The meeting was adjourned at 5:03 P.M.

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  March 28, 2008

 

 

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