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, October 24, 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) two cases, County of Santa Clara v. Atlantic Richfield Company; 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. Consider Public Employee Appointment: Position of Mental Health Director. Consider Public Employment: Position, County Counsel. Pursuant to Government Code 54997, conduct the annual evaluation of the Superintendent of Building Maintenance/Parks.

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 Sarah Sampels.

· Introduction of new employees to the Board of Supervisors.

Action: New employee Calvin Maready was introduced by the Director of Information Technology.

· This Board of Supervisors meeting is conducted in honor of the following employee's service to Del Norte County; Gary Potter, 5 Years.

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

Action: County Counsel reported no final action taken in Closed Session.

The Board adjourned to Closed Session at the close of the Regular Session and County Counsel reported no final action taken.

· 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.

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.

Motion: Move to approve

Move: Leslie McNamer

Second: Chuck Blackburn

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 October 10, 2006 meeting.**

2. Approve and Adopt the Side Letter Agreement with the Del Norte County Employees Association that provides for the exchange of dates for one of the Christmas holidays as requested by the County Administrative Officer.**

Action: DNCO Agreement 2006-190

3. Approve the cancellation of the Board of Supervisors Meetings to be held on November 28, 2006 and December 26, 2006.**

4. Approve and Authorize the Chair to sign the Bar-O Ranch Placement Agreement with Santa Cruz County as requested by the Director of the Bar-O Boys Ranch.**

Action: DNCO Agreement 2006-182

5. Approve the renewal of the Performance Agreement between the State of California and Del Norte County the requires the County to establish a Community Mental Health Program and Authorize the Director of Mental Health to sign the contract and any associated or required documents as they relate to the contract as requested by the Director of Mental Health.**

Action: DNCO Agreement 2006-183

6. Re-appoint Robert Mize, Dale Watson and Martha McClure to the Local Enforcement Agency Independent Hearing Panel for a four-year term ending October 9, 2010 as requested by the Director of Health and Social Services.**

7. Approve and Authorize the Chair to sign the Amendment to the Agreement with the Community Assistance Network (2005-92) to provide for the Small County Initiative Community Partnerships in Family Support: Preventing Child Abuse and Neglect as requested by the Director of Health and Social Services.**

Action: DNCO Agreement 2006-184

8. Approve and Authorize the Chair to sign the Agreement with the Community Assistance Network (CAN) to provide the Child Welfare Services Outcome Improvement Project as requested by the Director of Health and Social Services.**

Action: DNCO Agreement 2006-185

REGULAR ITEMS

SCHEDULED ITEMS:

9. 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.

10. 10:15 A.M. Continuation of the Nuisance Abatement Hearing for the Property at 371-391 Darby Street, Crescent City, CA Assessor's Parcel Number 115-150-04.**

Action: The Code Enforcement Officer gave an update. The property owner was not present. On a motion by Supervisor Finigan and seconded by Supervisor Blackburn, the Board unanimously declared a nuisance at 371-391 Darby Street (APN 115-150-04) and abatement of the property, giving the property owner until October 31, 2006. The Code Enforcement Officer is authorized to abate the nuisance if the property owner fails to complete by October 31, 2006.

Motion: Move to approve

Move: David Finigan

Second: Chuck Blackburn

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

Vote Nay: 0 None

Vote Abstain: 0 None

11. 10:30 A.M. Community Development Block Grant Program Update and Presentation by Rural Human Services.**

Action: Rural Human Services reported on the Youth Center Survey and Results.

12. 11:00 A.M. Conduct a Public Hearing to discuss submission of the General Allocation Community Development Block Grant Application for Funding for Grant Years 2006 and Approve and Adopt a Resolution of the Del Norte County Board of Supervisors Approving an Application and Contract Execution for Funding from the General Allocation of the State Community Development Block Grant (CDBG) Program of the California Department of Housing and Community development and Authorizing the Execution of a Grant Agreement and any Amendments thereto with the State of California for the Purposes of the Grant as requested by the County Administrative Officer.**

Action: DNCO Resolution 2006-082

A Public Hearing was held and comments were heard from Terri McCune Oostra, Rural Human Services; Doug Morgan, Community Assistance Network; and Susie Minx, CASA.

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

13. 11:15 A.M. Public Hearing to consider an Ordinance Amending the Master Fee Ordinance and Establishing Fees for the District Attorney and Adopt a Resolution Creating a Misdemeanor Diversion Program as requested by the District Attorney.**

Action: DNCO Ordinance 2006-020 and DNCO Resolution 2006-083

A Public Hearing was conducted and Jeff Scott, Owner and CEO of Western Corrections, gave a brief overview of the diversion program offered by Western Corrections. No public comment was heard. The Board unanimously adopted an Ordinance Amending the Master Fee Ordinance of the Del Norte County Board of Supervisors by Establishing a Fee for the Del Norte County District Attorney's Office for Services and Administration Associated with Implementation of a Misdemeanor Pre-Complaint Diversion Program and a Resolution Creating a Misdemeanor Diversion Program as Requested by the District Attorney.

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

14. 11:30 A.M. Annual Report and Economic Development Project Update by Kimball A. Schmidt, Economic Development Project Director.**

Action: Kim Schmidt presented an update.

GENERAL GOVERNMENT:

15. Approve the redesigned Plans and Specifications for Del Norte County Airport Aircraft Rescue and Fire Fighting Facility (ARFF) Project for Jack McNamara Field (AIP No. 3-06-0057-16) and Authorize the Chairman of the Board to sign as requested by the Airport Manager.**

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

16. Presentation by County Counsel for discussion and possible action that the Board of Supervisors enter into a joint powers agreement as a governance structure for the airport as requested by Supervisor Finigan.

Action: The Board directed County Counsel to explore in greater detail the joint powers authority across borders and the means, assets and recommendations at the local level and broader.

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

17. Direct staff to prepare for a meeting with Congressman DeFazio and Congressman Thompson on October 26, 2006 regarding the Airport as requested by Supervisor McClure.

Action: The Clerk of the Board was directed to prepare an agenda for the meeting to be held October 26 at 1:00 pm at Westlog Aviation.

18. Accept the application from the Del Norte County Sheriff's Department Search and Rescue for Title III funding in the amount of $14,163.00 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 the Community Development Department.**

Action: The funds would enable the Del Norte County Sheriff's Department to purchase needed equipment for the Search and Rescue Division. The equipment purchase is intended to facilitate rescue operations and search coordination. The equipment will be used to rescue and/or locate lost or injured persons aircraft and other persons enjoying the National Forest.

Motion: Move to approve

Move: Martha McClure

Second: Chuck Blackburn

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

Vote Nay: 0 None

Vote Abstain: 0 None

19. Award the contract for the traffic signal installation at the intersection of Washington Boulevard and Arlington Drive to Smith Electric Construction and Authorize the County Engineer to execute individual change orders in a total amount not to exceed a maximum of Ten Percent (10%) of the contract amount as requested by the County Engineer.**

Action: DNCO Agreement 2006-186

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

20. Direct staff to write a letter of support and provide written comments to the Bureau of Indian Affairs on the Final Environmental Impact Statement.**

Action: Supervisor Finigan recused himself from this item.

Motion: Move to approve

Move: Martha McClure

Second: Chuck Blackburn

Vote Yea: 4 Martha McClure, Chuck Blackburn, Leslie McNamer, Sarah Sampels

Vote Nay: 0 None

Vote Abstain: 1 David Finigan

21. Approve and Authorize the Chair to sign the Third Amendment to the Contract for Public Defender Services (DNCO Agreement No. 2003-129) between the County and Leroy Davies, Rick McClendon, Darren McElfresh and William Cater, Attorneys at Law, for Public Defender Services as requested by the County Administrative Officer.**

Action: DNCO Agreement 2006-187

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

22. Approve and Authorize the Chair to sign an Agreement to Purchase Tax-Defaulted Property subject to the Power by Sale Agreement and Adopt a Resolution Approving the Sale of Tax-Defaulted Property to Wildlife Conservation Board by Chapter 8 Sale as requested by the Treasurer-Tax Collector.**

Action: DNCO Agreement 2006-188 and DNCO Resolution 2006-084

Motion: Move to approve

Move: Martha McClure

Second: Leslie McNamer

Vote Yea: 3 Martha McClure, Leslie McNamer, Sarah Sampels

Vote Nay: 2 Chuck Blackburn, David Finigan

Vote Abstain: 0 None

COMMITTEE/ACTIVITY REPORTS:

23. 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 Blackburn reported on attending an LTCO meeting; Supervisor McClure commented on a trip to Sacramento with Jeannine Galatioto and Gerry Hemmingsen where they met with Senator Aanestad, Senator Chesbro, Assemblymember Patty Berg, CalTrans, and Ruth Coleman, Director of State Parks; Supervisor McNamer commented on attending a Boys & Girls Club Advisory Meeting; and Supervisor Finigan reported on attending a Family Resource Center Meeting, IGRC, Lights on After School, CASA, LTCO, Habitat for Humanity Dinner, CAPSI meeting and Mill Creek Advisory Meeting.

BUDGET TRANSFERS:

24. Approve a Budget Transfer (10-02) within the Boating Safety Budget in the amount of $80,000.00 as requested by the Sheriff-Coroner.**

Motion: Move to approve

Move: Martha McClure

Second: Chuck Blackburn

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

Vote Nay: 0 None

Vote Abstain: 0 None

25. Approve a Budget Transfer (10-03) to create the CALMMET Budget in the amount of $200,842.00 as requested by the Sheriff-Coroner.**

Motion: Move to approve

Move: David Finigan

Second: Leslie McNamer