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, December 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) seven cases, Denny Haddad, et al v Jurin Construction, et al, Case No. CVUJ 09-1023; County of Del Norte v Beckett et al, Case No. CVUJ 05-1557; Pacific Shores CA Subdivision Water District v Del Norte County, Case No. CVPT 06-1454; County of Del Norte v Richard Reed, et al, Case No. CVUJ 05-1155; Michelle Sutton v Del Norte County, et al, Case No. CVUJ 03-2147; Wendy Ormsby v Del Norte County, Case No, CVUJ 03-1501; and Frank Villarreal v John Gimbel, Case No. CVHS 06-1221. IV) Initiation of litigation pursuant to subdivision (c) of Section 54956.9, 2 cases.

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 Robert Black, County Counsel.

· Introduction of new employees to the Board of Supervisors.

Action: New employees Amy Peacock and Cindy Henderson were introduced by the Director of the Health and Social Services.

· This Board of Supervisors meeting is conducted in honor of the following employees' service to Del Norte County; Deana Davis, 5 years; Pamela Owen, 15 years; and Lisa Thompson, 20 years.

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

Action: County Counsel reported no final 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: Items 36 and 25 were pulled from agenda. No other deletions, corrections or additons were requested.

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.

The Consent Agenda, with Item 3 and Item 4 pulled, was unanimously approved.

Motion: Move to approve

Move: Leslie McNamer

Second: Chuck Blackburn

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

Vote Nay: 0 None

Vote Abstain: 0 None

1. Approve and Adopt the minutes from the November 14, 2006 meeting.**

2. Approve and Adopt the minutes from the November 21, 2006 special meeting.**

3. Appoint Supervisor Leslie McNamer to the North Coast Unified Air Quality Management District Board.

Action: This item was pulled at the request of Supervisor Finigan.

4. Appoint Supervisor Leslie McNamer to the Northern California County Supervisors Association.**

Action: This item was pulled at the request of Supervisor Finigan.

5. Adopt a Resolution of the Board of Supervisors of the County of Del Norte, State of California Honoring Gerald D. (Jerry) Cochran, Retiring as the Assessor of Del Norte County.**

Action: DNCO Resolution 2006-090

6. Approve an annual salary step increase within the corresponding salary range for Director of Child Support Services, effective June 18, 2006 as requested by the County Administrative Officer.**

7. Approve an annual salary step increase within the corresponding salary range for the Interim Chief Probation Officer, effective September 2, 2006 as requested by the County Administration Officer.**

8. Adopt a Resolution setting the 2005/2006 Property Tax Administration Fees to be charges in 2006/2007 as requested by the Auditor-Controller.**

Action: DNCO Resolution 2006-091

9. Approve the appointment of Deborah Reynolds as a consumer member to the Del Norte Child Care Planning Council as recommended.**

10. Approve the request from First 5 Del Norte to appoint Michael F. Miller as a Public Member to the Children and Families Commission for a four year term, beginning January 1, 2007.**

11. Approve the First Amendment to the 2005-2006 contract (2005-137) between the County and Sequoia Psychiatric Center for Non-Hospital Acute Psychiatric Care Services as requested by the Assistant Director of Mental Health.**

Action: DNCO Agreement 2006-201

12. Accept the report from the Local Mental Health Board and Authorize the Assistant Director of Mental Health to submit the report to the State Department of Mental Health as requested by the Assistant Director of Mental Health.**

13. Approve the FY 2006-2007 contract between the County and Redwood Children's Services, Inc. in the amount of $42,000.00 for Mental Health Services for eligible out-of-county children placements as requested by the Assistant Mental Health Director.**

Action: DNCO Agreement 2006-202

14. Authorize the Sheriff to enter into an agreement with Sutter Coast Hospital for Health Services as requested by the Sheriff-Coroner.**

Action: DNCO Agreement 2006-203

15. Authorize the Sheriff to enter into a lease agreement with Lynda Pozel to provide a rental home located at: 707 17th Street, Eureka, CA as requested by the Sheriff-Coroner.**

Action: DNCO Agreement 2006-204

16. Approve the proposed amendment with SHN Consulting Engineers& Geologists, Inc. for services associated with Klamath Beach Road Repair Project (2006-064) and Authorize the Chair to sign as requested by the County Engineer.**

Action: DNCO Agreement 2006-205

17. Approve and Authorize the Chair to sign the Amendment to the Disadvantaged Business Enterprise Race-Neutral Implementation Agreement (2006-078) as requested by the Deputy Director of Community Development.**

Action: DNCO Agreement 2006-206

18. Authorize the Chair to sign the agreement for services with the Cultural and Historic Review Services North Coast Information Center at the Yurok Tribe as requested by the Community Development Director.**

Action: DNCO Agreement 2006-207

19. Approve the Agreement and Adopt the Resolution Authorizing the Chief Probation Officer to execute all necessary documents associated with Del Norte County's Mentally Ill Offender Crime Reduction Grant as requested by the Interim Chief Probation Officer.**

Action: DNCO Agreement 2006-215 and DNCO Resolution 2006-092

20. Approve and Authorize the Chair to sign Amendment #1 to Training Agreement EW-2006-06 with University of California, Davis for staff employment services training as requested by the Director of Health and Social Services.**

Action: DNCO Agreement 2006-208

21. Approve and Authorize the Chair to sign the Agreement with Charles Reitterer to provide respite care to supplement the care and supervision of a foster child as requested by the Director of Health and Social Services.**

Action: DNCO Agreement 2006-209

REGULAR ITEMS

SCHEDULED ITEMS:

22. 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: Patti Vernelson gave an update on the Wonder Bus and public comment was heard from Dennis Haddad, Clark Moore and Richard Miles.

23. 10:15 A.M. Public Hearing regarding a request to vacate a portion of a drainage easement APN 115-134-01, 02, 03, 04, 06, 07, 08, 09, 11, 12, 13, 14 & 15 (Roy Tedsen).**

Action: DNCO Resolution 2006-093

The County Engineer gave a brief summary of the request. Public comment was heard from David Weeks.

The Board adopted a Resolution Vacating a Drainage Easement between Darby Street and Endert Street. The Board directed Engineering to look at the entire drainange study for the entire Bertsch Track and the need for easements.

Motion: Move to approve

Move: Chuck Blackburn

Second: Martha McClure

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

Vote Nay: 0 None

Vote Abstain: 0 None

24. 10:30 A.M. Public Hearing for Richard Mossholder, Use Permit for an Overheight/Oversize Detached Accessory Building (UP0706C, APN 112-122-12).**

Action: The Commmunity Development Department presented a summary of the project. Public comment was heard from Joseph Lavender, Robert Daly, Julie Meese and the property owner, Richard Mossholder.

After discussion by the Board and on a motion by Supervisor Finigan, seconded by Supervisor McNamer, the Board unanimously approved to uphold the appeal and deny the use permit for an overheight/oversize detached accessory building.

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

25. 11:05 A.M. Public Hearing for Richard and Helen Brown, Minor Subdivision. Approve the request for Waiver of Conditions #15 (road improvements), APN 116-170-03 (MS0619).**

Action: This item was pulled at the request of the agent for the applicant.

26. 11:15 A.M. Public Hearing for Robert Lesina, Minor Subdivision request for appeal of condition 7. APN 116-051-19 (MS0703C).**

Action: The County Engineer gave a brief summary. Public comment was heard from JoAnne Smith.

After discussion by the Board and on a motion by Supervisor McClure, seconded by Supervisor Fingian, the Board unanimously approved the waiver of condition #15 (road improvements).

Motion: Move to approve

Move: Martha McClure

Second: David Finigan

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

Vote Nay: 0 None

Vote Abstain: 0 None

27. 11:30 A.M. Public Hearing Nancy Snyder Rezone, R0702, (APN 117-095-09, 07, 12, and 13).**

Action: DNCO Ordinance 2006-022

The Community Development Department gave a brief summary. Public comment was heard from the property owner Nancy Snyder and Jose Cueva.

The Board adopted an Ordinance Replacing Non-Coastal Zoning Map B-9 Pursuant to Chapter 20.52 of the Del Norte County Code.

Motion: Move to approve

Move: David Finigan

Second: Martha McClure

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

Vote Nay: 0 None

Vote Abstain: 0 None

28. 12:00 P.M. BREAK FOR LUNCH

29. 1:15 P.M. As requested by the Assistant Director of Mental Health:

Adopt a Resolution Supporting the Reclassification of "Alcopops" Type Flavored Malt Beverages from a Beer/Wine Product to a Distilled Spirit Product.

Authorize the Assistant Director of the Mental Health/Alcohol and Drug Programs to sign the application and agreement for a one time funding of $5,000.00 for the "It Doesn't Have to Happen Here" Program.

Action: DNCO Resolution 2006-094 DNCO Agreement 2006-016

The Friday Night Live program gave a presentation on "Alcopops" type beverages.

30. 1:30 P.M. Receive and file the letter from Legal Representative of Pacific Shores Lot Owner; Permit the attorney for Ms. Curtis to address the Board on speaker phone as requested by County Counsel.**

Action: Sheridan Pauker, from Shute, Mihaly and Weinberger, LLP, Attorneys at Law, addressed the board by speakerphone. Public comment was heard from Wendell Wood. No action was taken by the Board.

31. 2:00 P.M. Presentation by Don Peterson, Peterson Consulting.

Action: Don Peterson submitted a report regarding the Governor's Final Actions of Legislation affecting Del Norte County and made a presentation to the Board.

GENERAL GOVERNMENT:

32. Adopt a Resolution Appointing Dohn Henion as County Counsel of Del Norte County.**

Action: DNCO Resolution 2006-095

Supervisor McNamer recused herself from this item.

Motion: Move to approve

Move: Chuck Blackburn

Second: Martha McClure

Vote Yea: 3 Chuck Blackburn, Martha McClure, Sarah Sampels

Vote Nay: 1 David Finigan

Vote Abstain: 1 Leslie McNamer

33. Approve the breaching of Lake Earl at the level of 8 feet MSL or greater, as part of the Army Corps Permit Number 279850N as requested by the County Engineer.**

Motion: Move to approve