A G E N D A

BOARD OF SUPERVISORS

DEL NORTE COUNTY

STATE OF CALIFORNIA

HOW-ON-QUET COMMUNITY CENTER

101 INDIAN COURT

SMITH RIVER, CA 95567

REGULAR MEETING

Tuesday, July 08, 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 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 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; 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; 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; Pacific Shores Homeowners Association v. Del Norte County Flood Control District, Sacramento Superior Court, Case No. 07AS01615; 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: Smith River Rancheria.

Action: Russ Crabtree, Tribal Administrator, welcomed the Board and gave a brief presentation on the Smith River Rancheria.

Dorrie Deitz, Indian Land Consultant, presented information on moving land into Indian trust and the need for collaboration.

· The Pledge of Allegiance to the Flag led by Darrell Moorehead.

· Introduction of new employees to the Board of Supervisors.

Action: New employee Holly Cinkutis, Assistant Engineer, was introduced to the Board.

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

Action: County Counsel stated 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. 10:10 A.M. Presentation by Kara Miller, Chairperson of the Smith River Rancheria regarding recommendations of the Roads Planning Design Fair held on June 19-23.

Action: Kara Miller was unable to attend the meeting. Russ Crabtree, Tribal Administrator presented to the Board information on the Roads Planning Design Fair.

2. 10:20 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 a Pelican Bay Citizen's Advisory Committee meeting, LTCO meeting, a meeting with Kevin McKerney, Humboldt Land Trust, and Grant Wershkull regarding the Agnew Property Acquisition, attending Budget Meetings, attending the Future Facilities Meeting, meeting with Ernie Perry and Dohn Henion regarding a possible management plan for Tolowa Dunes, a 2x2 meeting with Redwood National and State Parks, Border Coast Airport JPA meeting and attending the Fourth of July activities; Supervisor McClure commented on attending a Solid Waste Management Authority meeting, commented on the Pebble Beach Drive Project, asked for a review of the intersections and stop signs in the Filkins Tract and spoke about combined use permits for OHV use in the Smith River National Recreation Area; Supervisor McNamer reported on attending a Safe and Healthy Families meeting, facility planning meetings and attending the Fourth of July parade; Supervisor Sullivan commented on his trip to Bend, Oregon, a Marine Life Protection Act meeting, 2x2 Redwood National and State Park meeting, Proactive Financial meeting and attending the Fourth of July festivities; and Supervisor Finigan commented on the Safe and Healthy Families meeting, Tri-Agency meeting, Border Coast Airport JPA meeting, RCRC call in meeting regarding budgets, fire and state responsibilities, Proactive Financial Management Meeting, Debt Advisory meeting, First 5/Family Resource meeting, attending a Brookings City Council meeting and attending the Fourth of July Festivities.

3. 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 Rosalie Leaberry.

4. 10:45 Hold a Public Hearing for the Rodney Brim Minor Subdivision (MS0814) as requested by the Senior Planner.**

Action: The Senior Planner gave a brief overview of the project. Chair Finigan opened the Public Hearing. No public comment was given. Chair Finigan closed the Public Hearing and brought the item back to the Board for discussion. The Board unanimously approved a Forest Management Plan prepared for the Brian Walter Property (now owned by Rodney Brim) by Feller & Associates dated October 29, 2007 and approved the Minor Subdivision (MS0814).

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

5. 11:00 A.M. Presentation by Six Rivers National Forest regarding the Regional Foresters Review.**

Action: Due to the number of fires in the area, Tyrone Kelly was unable to attend. MaryKay Vandiver from the Smith River National Recreation area attended in Mr. Kelly's place and presented an update on the local fire situation. The Clerk of the Board was directed to contact Mr. Kelly and reschedule the presentation.

6. 11:15 A.M. Waive full reading, read by title only and adopt an Ordinance of the Del Norte County Board of Supervisors amending Chapter 7.60 of the Del Norte County Code Relating to Medical Marijuana Guidelines for the Implementation of Proposition 215 (California Health & Safety Code §11352.5 et seq.) and California Senate Bill 420 (Health & Safety Code §11362.7 et seq.)

Action: DNCO Ordinance 2008-009

Public comment was heard from Dennis Gray, Bob Sankus, and Robert Durego.

Motion: Move to approve

Move: Michael Sullivan

Second: Gerry Hemmingsen

Vote Yea: 4 Michael Sullivan, Gerry Hemmingsen, David Finigan, Martha McClure

Vote Nay: 1 Leslie McNamer

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 on the Consent Agenda.

The Consent Agenda (Items 7 through 22, and 24 through 30) was approved with Supervisor Sullivan abstaining from Item 27. Item number 23 was pulled from the Consent Agenda.

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

7. Approve the Minutes from the June 17, 2008 meeting.**

Action: Approved

8. Approve the Minutes of the June 19, 2008 Emergency Meeting.**

Action: Approved

9. Approve the Minutes from the June 24, 2008 meeting.**

Action: Approved

10. Approve the Minutes from the June 27, 2008 Special Session meeting.**

Action: Approved

11. Approve a Proclamation of the Board of Supervisors in recognition and support of the American Cancer Society Relay for Life.**

Action: Approved

12. Approve the First Amendment to Agreement #2007-148 with SHN Consulting Engineers and Geologists, Inc. to provide permit and environmental services for the Roy Rook Boat launch repair project, and authorize the Chair to sign the attached amendment as requested by the Assistant County Administrative Officer.**

Action: DNCO Agreement 2008-133

13. Approve the First Amendment to Agreement #2007-095 between the County and Snider General Engineering for construction services for the Pyke Field Repair Project and authorize the Chair to sign the attached agreement as requested by the Assistant County Administrative Engineer.**

Action: DNCO Agreement 2008-134

14. Adopt and authorize the Chairman to sign the attached Resolution encouraging the Governor to seek federal action regarding the management of federal lands in California for wildfire prevention and Direct the Clerk of the Board to forward the signed copy to the Regional Council of Rural Counties as requested by the Director of Community Development.**

Action: DNCO Resolution 2008-046

15. Approve and authorize the Chair of the Board of Supervisors to sign the agreement for housing Curry County delinquent youths at Juvenile Hall as requested by the Chief Probation Officer.**

Action: DNCO Agreement 2008-135

16. Approve Agreement # 08-0225 with the California Department of Food and Agriculture for FY 08/09 in the amount of $665.00 and Approve the attached Resolution authorizing the Agricultural Commissioner to sign Agreement #08-0225 and the State Certification Form as requested by the Agricultural Commissioner..**

Action: DNCO Resolution 2008-047, DNCO Agreement 2008-136

17. Approve and authorize the Chair to sign the Lease Agreement with Remi Vista, Inc. for office space located at 206 Williams Drive, Crescent City, CA from July 1, 2008 through June 30, 2009 as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2008-132

18. Approve and authorize the Chair to sign the Agreement with BHC Heritage Oaks Hospital in Sacramento, CA for Psychiatric Inpatient Hospital Services from July 1, 2008 through June 30, 2009 as requested by Director of Health and Human Services.**

Action: DNCO Agreement 2008-137

19. Approve and authorize the Chair to sign the Third 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 2008-138

20. Approve and authorize the Chair to sign the attached Agreement for CalWORKs Subsidized Childcare Services with the Del Norte Child Care Council (DNCCC) from July 1, 2008 through June 20, 2009 as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2008-139

21. Approve and authorize the Chair to sign the Agreement with Humboldt State University Sponsored Programs Foundation on behalf of the California Center for Rural Policy (CCRP) for Needs Assessment and Program Design Services from July 1, 2008 through June 30, 2009 as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2008-140

22. Approve and authorize the Chair to sign the Agreement with Maria Vanderhorst to provide Alcohol and Other Drug Program (AODP) evaluation from July 1, 2008 through June 30, 2009 as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2008-141

23. 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 (DNWC) from July 1, 2008 through June 30, 2009 as requested by the Director of Health and Human Services.**

Action: This item was pulled and is to be brought back to the July 22, 2008 Board of Supervisors meeting.

24. Approve and authorize the Chair to sign the Agreement with North Valley Behavioral Health, LLC, Yuba City, CA to provide acute inpatient psychiatric placement for severely mentally disordered adults from July 1, 2008 through June 30, 2009 as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2008-143

25. Approve and authorize the Chair to sign the agreement with BHC Sierra Vista Hospital, Inc. in Sacramento, CA for Psychiatric Inpatient Hospital Services for the period of July 1, 2008 through June 20, 2009 as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2008-144

26. Authorize the Chair of the Board to sign a standard Professional Services Agreement with Diane Mutchie for consulting services related to the mandatory revision of the County's Housing Element (without the Errors & Omissions provision and with an adjustment to the Automobile Liability Insurance requirement) as requested by the Director of Community Development.**

Action: DNCO Agreement 2008-145

27. Approve the transfer of an existing sewer connection from APN 117-120-03. at 209 Maiden Lane, owned by Roy Lee Thompson, to APN 115-173-16 at Boyet Avenue in the Bertsch Tract owned by Joseph Pamplona as requested by the Director of Community Development.**

Action: Approved

Supervisor Sullivan abstained from voting on this item.

28. Approve and authorize the lateral transfer of a current State employee into the position of Senior Environmental Health Specialist at salary range and step 65 F as requested by the County Administrative Officer.**

Action: Approved

29. Adopt the attached capitalization policy for the County as requested by the Auditor-Controller.**

Action: Adopted

30. Approve the assistance in the start up cost for the "Boundary Teen Club" in the amount of $6500 as requested by the County Administrative Officer.**

Action: Approved

REGULAR ITEMS

GENERAL GOVERNMENT:

31. Receive a report on local Weed Management Area (WMA) funding, Weed Management Area formation and the adoption of a Resolution of support as requested by the Agricultural Commissioner.**

Action: DNCO Resolution 2008-048

Adopted a Resolution Supporting the Formation of a Weed Management Area in Del Norte County and Directing the County Agricultural Commissioner and his Staff to Work Cooperatively with all Parties Involved in the Formation, Organization and Management Area, Including the Del Norte Resource Conservation District.

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

32. Receive a report from the Agricultural Commissioner on the 2007 Del Norte County Crop Report.

Action: Ken Smith, Agricultural Commissioner, presented the report.

33. Receive a report from the County Engineer on the Fred Haight Drive Reconstruction Project as requested by the County Engineer.**

Action: Art Reeve, County Engineer presented a report.

34. Board determination of a Public Convenience and Necessity for an On-Sale License to serve Beer and Wine for Public Premises (Kamp Klamath RV Park) as required by the State Department of Alcoholic Beverage Control (ABC) as requested by the Senior Planner.**

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

35. Direct staff to draft a loan agreement in the amount of $1,170,800.00 between First 5 Del Norte and the County of Del Norte for the purpose of providing a ten year loan on the Family Resource Center at an interest rate of 5% per annum as requested by the County Administrative Officer.**

Action: Public comment was heard from Patty Vernelson, Executive Director of First 5, and Gary Blatnick, Vice Chair of the First 5 Commission.

After discussion by the Board, staff was directed to work with First 5 and the Treasurer/Tax Collector to bring back a more complete package for consideration.

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

36. Approve a budget transfer (06-11) within the Sheriff's Department in the amount of $11,600.00 as requested by the Sheriff-Coroner.**

Action: Approved

37. Approve a Budget Transfer (06-12) within the Sheriff's Department in the amount of $22,254.00 as requested by the Sheriff-Coroner.**

Action: Approved