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 12, 2006

    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, Chuck Blackburn, Sarah Sampels and David Finigan

                  

Absent:       None

CLOSED SESSION 8:30 A.M.

Hold a closed session to consider and discuss litigation and personnel matters: I) Personnel negotiations pursuant to Government Code 54957.6 between County negotiators Personnel Program Manager and the County Administrative Officer and the Del Norte County Employees' Association, Sheriffs Employees' Association, represented and unrepresented bargaining units, II) Conference with legal counsel - anticipated litigation pursuant to Government Code 54956.9(b); significant exposure to litigation, one case; III) Conference with legal counsel - existing litigation pursuant to Government code 54956.9(a) one case, County of Del Norte vs. Beckett et al, Case No. CVUJ 05-1557; IV) Initiation of litigation pursuant to subdivision (c) of Section 54956.9, 2 cases. Pursuant to Government Code 54997, conduct the annual evaluation of the Director of Child Support Services. 

REGULAR SESSION 10:00 A.M.

10:00 A.M. Call the meeting to order and take roll.

·        The Pledge of Allegiance to the Flag led by Supervisor Martha McClure.

·        Introduction of new employees to the Board of Supervisors.

Action: New employees Helen Cetnar was introduced by the Interim Chief Probation Officer and Margaret Garcia was introduced by the County Administrative Officer.

·        This Board of Supervisors meeting is conducted in honor of the following employees' service to Del Norte County; Yvonne Campbell, 10 Years; Mia Dawn Ansell, 10 Years; Pamela Wilder, 5 Years; and Linda Sanford, 5 Years.

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

Action: County Counsel reported the Board unanimously voted to allow the decertification of the United Domestics Workers Union as a representative of the Home Healthcare Employees in this County and authorized the process for possible certification of the California United Healthcare Workers instead.

·        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: On a motion by Supervisor Blackburn, seconded by Supervisor Finigan, the Board unanimously approved adding the following item to the consent agenda finding that the item arose after the posting of the agenda and the matter required action before the next regular meeting of the Board of Supervisors.

Approve and Adopt a Resolution of the Board of Supervisors Recognizing the Fiftieth Anniversary of Bar-O Boys Ranch.

DNCO Resolution Number 2006-071

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 heard on the consent agenda.

Supervisor Finigan abstained on Item 8 and Item 3 was pulled and rescheduled for September 26, 2006.

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    Martha McClure

 

Vote Yea:       5              Leslie McNamer, Martha McClure, Chuck Blackburn, David Finigan, Sarah Sampels       

Vote Nay:       0              None

Vote Abstain: 0              None

1.     Approve and Adopt the minutes from the August 22, 2006 meeting.**

2.     Approve and Adopt the minutes from the August 30, 2006 Special Meeting.**

3.     Adopt a Proclamation declaring September 30 and October 1, 2006 as "SURF'S UP WEEKEND".

Action: This item was pulled and rescheduled for September 26, 2006.

4.     Approve and Adopt a Resolution of the Del Norte County Board of Supervisors to Support Efforts to Coordinate the North Coast Stand Down for Homeless Veterans.**

Action: DNCO Resolution Number 2006-070

5.     Approve and Authorize the Clerk of the Board to expend budgeted funds not to exceed $250.00 for the Del Norte County basket presented at the Regional Council of Rural County's 2006 Annual Conference as requested by Supervisor Finigan.**

6.     Authorize the Sheriff to enter into contract 06-204-762 with the Department of Boating and Waterways for replacement vessel for the Boating Safety Program as requested by the Sheriff-Coroner.**

Action: DNCO Agreement Number 2006-151

7.     Approve and Authorize the Chair to sign a Memorandum of Understanding with Trinity County regarding the Five Counties Salmonid Conservation Program (5C) as requested by the County Engineer.**

Action: DNCO Agreement Number 2006-152

8.     Approve and Adopt a Resolution of the Board of Supervisors Adding Various Roads in the Harbor View Subdivision to the County Maintained Road List as requested by the County Engineer.**

Action: DNCO Resolution Number 2006-072

Supervisor Finigan abstained from voting on this item.

9.     Approve and Adopt a Resolution Approving Nursery Inspection Services Agreement #06-0332 Between the County of Del Norte and the California Department of Food and Agriculture and Authorizing the Agricultural Commissioner to Sign the Agreement on Behalf of the County as requested by the Agricultural Commissioner.**

Action: DNCO Resolution Number 2006-073

DNCO Agreement Number 2006-153

10. Approve the First Amendment to Agreement 2006-062, Agreement for Lighting Renovation - Pyke Field as requested by the Administrative Services Manager.**

Action: DNCO Agreement Number 2006-154

11. Approve the Memorandum of Understanding between Blue Cross of California Healthy Families Program interface and Mental Health and Authorize the Director of Mental Health to sign the MOU and any associated or required documents as they relate to this MOU as requested by the Director of Mental Health.**

Action: DNCO Agreement Number 2006-155

12. Approve and Adopt a Resolution of the Del Norte County Board of Supervisors Regarding the Provision of Evaluation Services for Mentally Disordered Persons as requested by the Director of Mental Health.**

Action: DNCO Resolution Number 2006-074

13. Approve and Authorize the Chair to sign an Agreement for Housing of Delinquent Youths between Curry County, Oregon and Del Norte County as requested by the Interim Chief Probation Officer.**

Action: DNCO Agreement Number 2006-156

14. Approve and Adopt a Resolution of the Del Norte County Board of Supervisors Authorizing Loan Upon Execution of Security Agreement and the Issuance of a Securitized Limited Obligation Note, Deed of Trust and Assignment of Rents and Financing Statement with First 5 Del Norte as requested by the County Administrative Officer.**

Action: DNCO Resolution Number 2006-075

DNCO Agreement Number 2006-157

 

REGULAR ITEMS

SCHEDULED ITEMS:

15. 10:05  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 and Jay Sarina presented to the Board a copy of the Fall Chinook Spawning Escapement Estimate and Age Composition for A Tributary of the Smith River, California - 23 Year Analysis from Jim Waldvogel, California Sea Grant Marine Advisor, University of California Cooperative Extension.

16. 10:15  A.M.  Nuisance Abatement Hearing for the Daniel Ruth Property at Mile Post 3.8, Forest Service Road 17NO5, Gasquet, CA, Assessors Parcel Number 122-180-14

Action: Following discussion by the Board after hearing testimony from Daniel Ruth, the property owner, Susan Walker, Leana Hall, Roy Ruth, and Louis Hall and other evidence presented by the Code Enforcement Officer, on a motion by Supervisor Blackburn, seconded by Supervisor McClure and carried unanimously, the Board declared the existence of a nuisance at the Daniel Ruth Property at Mile Post 3.8, Forest Service Road 17N05, Gasquet, California, Assessor's Parcel Number 122-180-14 ordered the immediate abatement thererof and directed staff to write a letter to the California Integrated Waste Management Board asking that they assist in the clean up and not to lien the property; and the clean up for this property and two other specific properties in Del Norte County is not to exceed $500,000.00.

 

Motion:    Move to approve

Move:       Chuck Blackburn

Second:    David Finigan

 

Vote Yea:       5              Chuck Blackburn, David Finigan, Martha McClure, Leslie McNamer, Sarah Sampels       

Vote Nay:       0              None

Vote Abstain: 0              None

17. 10:45  A.M.  Nuisance Abatement Hearing for the Douglas Anderson Property at 1470 Union Street, Crescent City, CA, Assessor's Parcel Number 117-144-02.**

Action: Following discussion by the Board after hearing testimony from Douglas Anderson, the property owner, and Roy Ruth and other evidence presented by the Code Enforcement Officer, on a motion by Supervisor Finigan, seconded by Supervisor McNamer and carried unanimously, the Board declared the existence of a nuisance at the Douglas Anderson Property at 1470 Union Street, Crescent City, California and gave the property owner two weeks to clean up the property.  If not cleaned up in the two week period, the Code Enforcement Officer is authorized to abate and incorporate in the grant from the California Integrated Waste Management Board with the two other specific properties in Del Norte County and not to exceed $500,000.00.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Leslie McNamer

 

Vote Yea:       5              David Finigan, Leslie McNamer, Chuck Blackburn, Martha McClure, Sarah Sampels       

Vote Nay:       0              None

Vote Abstain: 0              None

18. 11:15  A.M.  Nuisance Abatement Hearing for the Roy Ruth Property at 125 Dakota Avenue, Crescent City, CA, Assessor's Parcel Number 117-144-01.**

Action: Following discussion by the Board after hearing testimony from Roy Ruth, the property owner, and Douglas Anderson and other evidence presented by the Code Enforcement Officer, on a motion by Supervisor Finigan, seconded by Supervisor Blackburn and carried unanimously, the Board declared the existence of a nuisance at the Roy Ruth Property at 125 Dakota Avenue, Crescent City, California and authorized the immediate abatement of the property, with the exception of the two structures, in accordance with the negotiated pleas bargain and court settlement; incorporate in the grant from the California Integrated Waste Management Board with the two other specific properties in Del Norte County and not to exceed $500,000.00; directed staff to write a letter of recommendation to the California Integrated Waste Management Board to not lien the property and directed staff to assist in the permitting process for Mr. Ruth.

 

 

Motion:    Move to approve

Move:       David Finigan

Second:    Chuck Blackburn

 

Vote Yea:       5              David Finigan, Chuck Blackburn, Martha McClure, Leslie McNamer, Sarah Sampels       

Vote Nay:       0              None

Vote Abstain: 0              None

19. 11:30  A.M.  Nuisance Abatement Hearing for the Patricia Jaffer, et al Property at 1810 Riverside Drive, Crescent City, CA, Assessor's Parcel Number 110-010-11.**

Action: Following discussion by the Board after hearing testimony from Maja Nichol who currently resides on the property and other evidence presented by the Code Enforcement Officer, on a motion by Supervisor McClure, seconded by Supervisor Finigan and carried unanimously, the Board declared the existence of a nuisance at the Patricia Jaffer property at 1810 Riverside Drive, Crescent City, California and authorized the County Code Enforcement Officer to begin the abatement of the property, removing all but one residence and allow the property owner 90 days to attempt a rezoning of the property.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Leslie McNamer

 

Vote Yea:       5              Martha McClure, Leslie McNamer, Chuck Blackburn, David Finigan, Sarah Sampels       

Vote Nay:       0              None

Vote Abstain: 0              None

20. 11:45  A.M.  Consider scheduling a hearing on a Land Use Appeal on a Planning Commission Decision on a Minor Subdivision, Richard and Helen Brown (MS0619, Assessors Parcel Number 116-170-04) from May 3, 2006.**

Action: This item was pulled at the request of Mr. O'Connell.

21. 12:15  P.M.  BREAK FOR LUNCH

22. 1:30  P.M.  Open Budget Hearings and continue as necessary for the following fourteen days.**

Action: Opened Final Budget Hearings for the 2006-2007 fiscal year and receive comments and have staff make changes or modification as directed; review Departments Major Objectives & Measurable Outcomes and provide comments prior to the adoption of the final budget; review the Capital Improvement & Maintenance Plan and provide comments prior to adoption; and directed the Health Plan Committee to continue a comprehensive review to develop recommended modifications that result in financially sustainable plan to be presented to the employees associations and the Board of Supervisors for adoption prior to the end of the plan year.

Supervisor Blackburn left the meeting at 2:29 P.M.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Martha McClure

 

Vote Yea:       4              David Finigan, Martha McClure, Leslie McNamer, Sarah Sampels      

Vote Nay:       0              None

Vote Abstain: 0              None

GENERAL GOVERNMENT:

23. Accept the application for the Del Norte County Historical Society for Title III funding in the amount of $2,360.00 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: Comments were heard from Rick Bennett and Richard Miles.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Martha McClure

 

Vote Yea:       5              David Finigan, Martha McClure, Chuck Blackburn, Leslie McNamer, Sarah Sampels       

Vote Nay:       0              None

Vote Abstain: 0              None

24. Accept the application from the Gateway Education for Title III funding in the amount of $3,850.00 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.**

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Leslie McNamer

 

Vote Yea:       5              Martha McClure, Leslie McNamer, Chuck Blackburn, David Finigan, Sarah Sampels       

Vote Nay:       0              None

Vote Abstain: 0              None

25. Accept the request of the Del Norte Resource Advisory Committee to fund a portion of a project by the North Coast F.O.R.E.S.T. Association for Title III funding in the amount of $24,063.00 and Direct the Clerk of the Board to publish a description of the proposed project in the local newspaper and forward the proposed project to the Resource Advisory Committee for their review and comment as requested by the Director of Community Development.**

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Chuck Blackburn

 

Vote Yea:       5              Martha McClure, Chuck Blackburn, Leslie McNamer, David Finigan, Sarah Sampels       

Vote Nay:       0              None

Vote Abstain: 0              None

26. Waive full reading, read by title only and introduce an Ordinance of the Del Norte County Board of Supervisors Amending Chapter 2.50, Section 2.50.040. Subdivision D of the Del Norte County Ordinance Code that amends the Children and Families Commission Ordinance to meet the requirements of new legislation as requested by County Counsel.**

Action: DNCO Ordinance Number 2006-17

 

Motion:    Move to approve

Move:       David Finigan

Second:    Leslie McNamer

 

Vote Yea:       5              David Finigan, Leslie McNamer, Martha McClure, Chuck Blackburn, Sarah Sampels       

Vote Nay:       0              None

Vote Abstain: 0              None

27. Authorize the County Administrative Officer to continue collaborating with the Del Norte County Library District, the Del Norte County Unified School District, First 5 Del Norte and the Del Norte Child Care Council regarding the ownership, maintenance and operation of the Wonder Bus.  Direct the County Administrative Officer to specifically negotiate an agreement that provides that the County maintain insurance coverage for the bus and return with a tentative agreement for adoption by the Board within the next 60 days as requested by the County Administrative Officer.**

Action: Comments were heard from Patti Vernelson, Director of First 5 Del Norte.

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    David Finigan

 

Vote Yea:       5              Leslie McNamer, David Finigan, Martha McClure, Chuck Blackburn, Sarah Sampels       

Vote Nay:       0              None

Vote Abstain: 0              None

28. Approve the Sheriff to enter into an agreement with Promantek for a start up cost of $5,985.00 and annual maintenance cost of $2,430.00 to provide an improved evaluation and standardization system for the Del Norte County Sheriff's Office through the use of Trak Star performance appraisal software as requested by the Sheriff-Coroner.**

Action: DNCO Agreement Number 2006-158

Approved the agreement contingent on the program being compatible with existing hardware.  Program data files must remain within the control of Del Norte County.  Directed the Sheriff to work with the Personnel and Information Technology Departments in establishing protocols prior to purchase.

 

Motion: