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 12, 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:     Martha McClure, Michael Sullivan, Gerry Hemmingsen and David Finigan

                  

Absent:       Leslie McNamer

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; 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; McNamara & Peepe, US Bankruptcy Court, Northern District no. 1-84-00550; Gregory Jones & Darlene Jones v. County of Del Norte, et. seq. US District Court, Northern District no. cv 08 3222BZ; 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: Open Door Community Health Center

·        The Pledge of Allegiance to the Flag led by Hilda Contreras

Action: Hilda Contreras gave a presentation on the Open Door Community Health Center and the progress it has made.

·        Introduction of new employees to the Board of Supervisors.

Action: The following new employees were introduced:

Gary Blatnick introduced Leon Perreault as the new Lead Environmental Scientist; Cameron Aujuard, Environmental Health Scientist Specialist; and Jeff Wolsfed, Health Education Provider.  Dan McCorkle introduced Donald Roth as the new Support Systems Specialist.  Jenny Young introduced new employees Bryan Obando, Alex Green, Josh Escobedo, and Jennifer Brown.

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

Action: County Counsel stated no reportable actions from 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.     10:15 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 meeting with Susan Calla, Sandra Jerabeck and Deborah Herst regarding a group that has applied to coastal conservancy to map the area around Lake Earl and Tolowa Dunes; attending a meeting with the Crescent City Port Search and Rescue Commission. which includes the City, County, Harbor, Sheriff, Coast Guard, and Coast Guard Auxiliary regarding communications and emergency response; attending a meeting at the harbor regarding inner boat basin repairs due to the tsunamis; attending a LAFCO meeting regarding Pacific Shores, attending a 2x2 meeting with Elk Valley Rancheria regarding the resort project, participated in a teleconference with Senator Wiggins on the crab advisory commission, attending a meeting with Art Reeve regarding a gate across a county right-a-way, attending the Rodeo, attending the  fair and auction, attending a special LAFCO in which they picked 3 applicants for Director, attending a Local Mental Health Board hearing, attending a meeting with the contractor regarding future facilities, attending the signing of the airport JPA which included Brookings, participated in a teleconference with Fred Grant, County Counsel, and Ernie on strategies with reference to coordination.

 

Supervisor McClure reported on being out of the county due to a Teaching American history project which took her to Washington, Boston, and New York, attending a breakfast with Diane Feinstein regarding rural schools with a  focus on education and rural communities being heard; meeting with Community  Development and an engineering team regarding Pebble Beach, commented on initial contact with marine resource regarding offshore monuments, met with Art in reference to a fence on a county right-of-way, and commented on her youngest daughter going off to college.         

 

Supervisor Sullivan reported on meeting with Art Reeve regarding the sidewalks curbs and gutters project in Smith River, commented on the speed issue on Fred Haight and Ashford road, commented on a conversation and future meeting with Jim Grossman, attending the airport JPA signing, and going on vacation with his son in Disneyworld.

 

Supervisor Finigan reported on attending a meeting regarding the teen center and continued dialogue with boys and girls club, traveling to Sacramento for an RCRC executive meeting and while there, went to members of Legislature regarding the budget, went to New Mexico for a NACO methamphetamine prevention forum, attending a 2x2 meeting with  Elk Valley Rancheria, conducted FRC board meeting interviews for the new board, traveled to New York for RCRC regarding bonds raided for second mortgages purpose, attended a CASA meeting, attended the Rodeo and worked in hospitality tent at the fair, participated in a RCRC conference call, went back to Sacramento and cited an analogy of a food fight regarding how the officials are dealing with each other regarding the, commented on Tri-Agency hiring Jim Grossman, attending the airport JPA signing, attending FRC center meetings, attending First 5 meetings, commented on  touring Klamath regarding the severe garbage issue on the levy, and commented on wanting to have a Yurok 2x2 regarding fishing.

 

 

 

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, Ron Plechaty,

3.     10:45 A.M.  Hold a Public Hearing for the Appeal filed by Ronald M. Cole regarding the Planning Commission Certification of an Environmental Impact Report for the Proposed Expansion of the Existing Wal-Mart Store as requested by the Senior Planner and Director of Community Development.**

Action: Chair Finigan opened the Public Hearing and Ernie Perry gave an overview of the project and the Planning Commission recommendation. William Fleishhacker gave a presentation on behalf of Wal-Mart.  Paul Hagen, attorney for the appellant stated his case as well.

Public Comment was heard from Ron Plechaty, Richard Miles, Paul Hagen, attorney for Crescent Heritage Coalition; Alex McGlassan, Connie Morrison, Patti Pearcey, Evy Bennett, Doug Heinz, Christa Norton, Catherine Noble, Sonia Cuellar, Sarah Vanderhoofven, Ron Cole, Donald Bruce, David Kestler, Brian Ridgley, and Ray Colby.

Chair Finigan closed the Public Hearing after all were heard.

After discussion, Supervisor Hemmingsen made a motion to deny the appeal and uphold the Planning Commission's certification of the Environmental Impact Report prepared for the expansion of the existing Wal-Mart Store and direct the Clerk of the Board to file with the County Clerk/Recorder and the State Clearinghouse the attached Notice of Determination. The motion was seconded by Supervisor Sullivan and the Board approved the action in a vote of 3 to 1.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Michael Sullivan

 

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

Vote Nay:       1              Martha McClure

Vote Abstain: 0              None

4.     11:30 A.M. Presentation by Six Rivers National Forest.**

Action: Tyrone Kelley gave a brief overview regarding Six Rivers National Forest and fielded comments and questions from the Board.

The Board expressed their displeasure with the lack of communication and Tyrone agreed that there were changes that needed to be made and that he would make it a priority.

 

CONSENT AGENDA

Comments from members of the public may be heard at this time regarding matters on the Consent Agenda only.

Action: Supervisor Sullivan abstained from Item #20.

The Consent Agenda (Items 5 through 33) was adopted unanimously.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Gerry Hemmingsen

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

5.     Approve the Minutes from the July 8, 2008 meeting.**

Action: Approved

6.     Approve the Minutes from the July 22, 2008 meeting.**

Action: Approved

7.     Adopt a Resolution of the Del Norte County Board of Supervisors in Support of the Campaign Against Sexual Exploitation (C.A.S.E) as requested by Supervisor Finigan.

Action: Adopted

8.     Approve and Authorize the Chair to sign the Bar-O Ranch Placement Agreement with Napa County as requested by the Director of Bar-O Ranch.**

Action: Approved

9.     Approve and Authorize the Chair to sign the Bar-O Ranch Placement Agreement with Lassen County as requested by the Director of Bar-O Ranch.**

Action: Approved

10. Approve and Authorize the Chair to sign the Bar-O Ranch Placement Agreement with Siskiyou County as requested by the Director of Bar-O Ranch.**

Action: Approved

11. Approve and Authorize the Chair to sign the Bar-O Ranch Placement Agreement with El Dorado County as requested by the Director of Bar-O Ranch.**

Action: Approved

12. Approve and Authorize the Chair to sign the Bar-O Ranch Placement Agreement with Amador County as requested by the Director of Bar-O Ranch.**

Action: Approved

13. Approve and Authorize the Chair to sign the Bar-O Ranch Placement Agreement with Lake County as requested by the Director of Bar-O Ranch.**

Action: Approved

14. Approve the reappointments of Rich Wetherell, Blake Alexandre, and Matt Westbrook as members of the Board of Directors for the Del Norte Resource Conservation District as requested by the District Manager.**

Action: Approved

15. Approve the Subrecipient Agreement with CASA of Del Norte for a Needs Assessment for Emancipating Youth to implement a portion of the County's 2007 Planning and Technical Assistance General Allocation Community Development Block Grant as requested by the County Administrative Officer.**

Action: Approved

16. Approve a contract with Daryl Cox to provide licensed contractor services for Minor Repair Grant Program as requested by the County Administrative Officer.**

Action: Approved

17. Approve a contract amendment with Jim Phillips Nursing, Inc. to provide nursing services as requested by the County Administrative Officer.**

Action: Approved

18. Approve the Subrecipient Agreement with Del Norte Senior Center Nutritional Meal Services to implement a portion of the County's 2008 General Allocation Community Development Block Grant and Authorize the County Administrative Officer to execute all necessary documents associated with the agreement as requested by the County Administrative Officer.**

Action: Approved

19. Adopt a Resolution of the Board of Supervisors Establishing a System for Submitting and Setting Matters for the Board of Supervisors Agenda as requested by the County Administrative Officer.**

Action: Adopted

20. Approve and authorize the Chair to sign the Agreement with Wier's Mortuary Chapel, Inc. for Indigent Burial Services from July 1, 2008 through June 30, 2009 as requested by the Director of Health and Human Services.**

Action: Approved

 

Motion:    Move to approve

Move:       None

Second:    None

 

Vote Yea:       3              Martha McClure, Gerry Hemmingsen, David Finigan   

Vote Nay:       0              None

Vote Abstain: 1              Michael Sullivan

21. Approve and authorize the Chair to sign the Agreement with Redwood Children's Services Inc., Ukiah, CA for the provision of mental health services for eligible children from July 1, 2008 through June 30, 2009 as requested by the Director of Health and Human Services.**

Action: Approved

22. Approve the Del Norte County MediCal Mental Health Managed Care Plan Amendment I to the Agreement with the State Department of Mental Health and authorize the Department of Health and Human Services Director to sign Associated or required documents as they relate to this contract for the period July 1, 2006 through June 30, 2009 as requested by the Director of Health and Human Services.**

Action: Approved

23. Approve and authorize the Chair to sign the Agreement for Technical Assistance Services provided to the Department of Health and Human Services.**

Action: Approved

24. Approve the attached Resolution and authorize the Department of Health and Human Services Director to sign the Agreement to Implement Friday Night Live Partnership as requested by the Director of Health and Human Services.**

Action: Approved

25. Approve and authorize the Chair to sign the Third Amendment to Agreement No. 2006-02, dated January 18, 2006 with Kings View Corporation for the period July 1, 2008 to June 30, 2009 as requested by the Director of Health and Human Service.**

Action: Approved

26. Approve the amendment to the Memorandum of Understanding with Tri-Agency Economic Development Authority for Economic Development Services as requested by the County Administrative Officer.**

Action: Approved

27. Approve and authorize the Chair to sign the Veterans Affairs Subvention Certificate of Compliance and approve and authorize the Chair to sign the Medi-Cal Certificate of Compliance as requested by the County Administrative Officer.**

Action: Approved

28. Approve and authorize the County Administrative Officer to sign an agreement with Twenty First Century Communications, Inc. in the amount of $50,000.00 to provide a telephone emergency notification system as requested by the Director of Information Technology.**

Action: Approved

29. Rescind the action taken on June 17, 2008 directing the Appointing Authority's, with the exception of the Sheriff to pay overtime for all overtime worked in lieu of granting compensatory time as requested by the County Administrative Officer.**

Action: Approved

30. Approve and authorize the Chair to sign the Agreement with the University of California, Davis (UC Davis) for training not to exceed $10,948.00, from July 1, 2008 through June 30, 2009 as requested by the Director of Health and Human Services.**

Action: Approved

31. Approve and authorize the Chair to sign the Agreement with the University of California, Davis (UC Davis) for training not to exceed $45,540.00 from July 1, 2008 through June 30, 2009 as requested by the Director of Health and Human Services.**

Action: Approved

32. Approve and authorize the Chair to sign the Agreement with the University of California, Davis (UC Davis) for training not to exceed $43,792.00 from July 1, 2008 through June 30, 2009 as requested by the Director of Health and Human Services.**

Action: Approved

33. Approve and authorize the submission of the Del Norte County Substance Abuse Crime Prevention Act County Plan for 2008-2009 as requested by the Director of Health and Human Services.**

Action: Approved

REGULAR ITEMS

GENERAL GOVERNMENT:

34. Accept the offer of Pat Jaffer in the amount of $10,500.00 to the County of Del Norte for the purchase of property at 1810 Riverside Drive and direct staff to proceed with purchase and authorize the County Administrative Officer to sign all documents required to complete the sale as requested by the Assistant County Administrative Officer.**

Action: A presentation was given by Jay Sarina regarding the purchase of the property. Jeannine Galatioto commented that there will be follow up issues regarding the liens.

On a motion by Supervisor Hemmingsen and seconded by Supervisor Sullivan, the Board accepted the offer of Pat Jaffer in the amount of $10,500.00 to the County of Del Norte for the purchase of property at 1810 Riverside Drive and directed staff to proceed with the purchase and authorized the County Administrative Officer to sign all documents required to complete the sale.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Michael Sullivan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

LAND USE:

35. Approve the Issuance of an Encroachment Permit for Bryce Backman to pave and install a gate on a portion of the non-maintained portion of the County's Railroad right-of-way Property, APN 110-032-19 as requested by the County Engineer.**

Action: Art Reeve gave an overview of the recommendation given regarding the Encroachment Permit. Bryce Backman also spoke on the matter.Sandy Linderman spoke about their objections to certain areas of the permit. 

After discussion by the Board a motion was made by Supervisor McClure that authorized staff to approve the issuance of an Encroachment Permit for Bryce Backman to pave and install a gate on a portion of the non-maintained portion of the County's Railroad right-of-way Property, APN 110-032-19 with the condition that the gate be a rolling gate along the fenceline of Bryce Backman's property and that there not be a sign to indicate "Private Drive".  The motion was seconded by Supervisor Hemmingsen and carried unanimously by the Board

36. Approve and adopt the attached Resolution making the determination that the structure at 299 Requa Road is an historic structure pursuant to the County Flood Damage Prevention Ordinance, and require that a Notice of Conditional Approval be recorded as requested by the Director of Community Development.**

Action: Ernie Perry gave a presentation on the project.

On a motion by Supervisor Sullivan and seconded by Supervisor McClure the Board approved and adopted the attached Resolution making the determination that the structure at 299 Requa Road is a historic structure pursuant to the County Flood Damage Prevention Ordinance, and required that a Notice of Conditional Approval be recorded.

37. Authorize the Chairman of the Board to sign the Resolution authorizing the County Administrative Officer to execute certifications, acceptances, and agreements on behalf of the County for the Federal Highway Administration (FHWA) South Fork Road construction project as requested by the Deputy Director.**

Action: On a motion by Supervisor Sullivan and seconded by Supervisor McClure, the board authorized the Chairman of the Board to sign the Resolution authorizing the County Administrative Officer to execute certifications, acceptances, and agreements on behalf of the County for the Federal Highway Administration South Fork Road construction project.

BUDGET TRANSFERS:

Action: ALL BUDGET TRANSFERS WERE TAKEN AS ONE ITEM

38. Approve a Budget Transfer (06-25) within the Sheriff's Department in the amount of $11,686.00 as requested by the Sheriff-Coroner.**

Action: Approved

39. Approve a Budget Transfer (08-01) Request in the amount of $153,000 in the Grants Administration and CSA Assessment District budgets as requested by the County Administrative Officer.**

Action: Approved

40. Approve a Budget Transfer (08-02) in the amount of $358,000 in the Capital Improvements budget as requested by the County Administrative Officer.**

Action: Approved

41. Approve a Budget Transfer (08-03) in the amount of $12,000.00 within the Capital Projects fund as requested by the  Assistant County Administrative Officer.**

Action: Approved

LEGISLATIVE AND BUDGET ISSUES:

42. 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.

Action: Supervisor Finigan commented on the need for work to be done regarding alternate energy on the County's behalf and the possibility of Jim Grossman working on it.

Jeannine Galatioto commented on Budget Hearings and the possibility of starting them on September 9, 2008.

CAPITAL PROJECTS:

43. Written Capital Projects Update. Information Only.**

Action: A written capital projects update was given.  Information Only.

ADJOURNMENT

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  August 15, 2008

 

 

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