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, January 22, 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 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; Linda Loughridge v. Del Norte County, DN Superior Court, Case No. CVUJ 07-1094; 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; Susan White v District Attorney, Case No. CVUJ 07-1436; 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  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:  Community Assistance Network.

Action: Mr. Morgan gave an overview of the Community Assistance Network and their programs.

·        The Pledge of Allegiance to the Flag led by Supervisor Douglas Morgan, Executive Director, Community Assistance Network.

·        Introduction of new employees to the Board of Supervisors.

Action: No new employees were introduced.

·        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.  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 Sullivan reported on attending a Mill Creek Advisory meeting, Revolving Loan Fund meeting, Joint City/County meeting, Law Enforcement meeting, commented on the Marine Life Protection Act Ad Hoc Committee, attending the Chamber Dinner and asked that the Board focus on older generation services including Adult Day Care; Supervisor McNamer commented on attending the Chamber Dinner, Information Technology meeting, LTCO meeting, Joint City/County meeting, Air Quality Board meeting and commented that the May 15 meeting will be held here in the Board Chambers; Supervisor McClure reported on attending an Information Technology meeting and that televised meetings are steps away, commented on sitting in of the CAPIT meeting, attending a Children’s Coordinating Council meeting, Juvenile Justice Commission meeting, and attending a meeting with Jay Sarina and the Coastal Conservancy for project planning and to discuss the Coastal Trail Plan at Pt. St George, commented on a visit to Clifford Kampf Park, attending a Joint City/County Meeting and Solid Waste Agenda Review, attending the Chamber of  Commerce dinner, attending a Historical Society meeting and attending former President Clinton’s speech in Eureka; Supervisor Hemmingsen reported on attending an RC&D meeting, Mill Creek Advisory meeting, attending a Joint City/County meeting, commented on attending a demonstration of equipment that counts fish and can differentiate between species at the Saxon Boat Launching facility by Zach Larson, attending a Future Facilities meeting, PRIDE meeting, commented on participating in interviews for a Federal lobbyist, attending Fishermans Marketing Association meeting; and Supervisor Finigan reported on attending a First 5 meeting, Mill Creek Advisory meeting, participating in a RCRC conference call, attending an RCRC Executive meeting, Joint City/County meeting, commented on a meeting with Fish and Game new Regional Director, Gary Stacey, attending a Treasury Oversight meeting, attending a RCRC meeting Undersecretary of Cal EPA, meeting with Senator Aanestad's office and Assemblymember Berg’s office, participating in phone interviews for a Federal lobbyist, attending a Habitat for Humanity Ground Breaking and attending the Chamber Dinner.

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.

3.     11:00 A.M. Acting as the Board of Equalization, Hear the Application for Change of Assessment - APN 115-132-02 (2415 Maher Avenue, Crescent City, CA - Mark and Bobbi Bower).**

Action: Supervisor Finigan adjourned the Board of Supervisors meeting and reconvened the meeting as the Board of Equalization.

Supervisor Sullivan recused himself from this item.

Steve Hart, Jennifer Perry, Chris Doehle, Mark Bower and Bobbie Bower were all sworn in.  Ms. Perry gave an overview of the property and presented information on comparable sales.  Mr. Bower presented to the Board a packet of what he considered comparables to the Board. 

After discussion by the Board, Supervisor Hemmingsen moved that the value of the property be valued at $80,000.00 and the land at $75,000.00 for a total of $155,000.00 based on the evidence presented and seconded by Supervisor Finigan.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    David Finigan

 

Vote Yea:       3              Gerry Hemmingsen, David Finigan, Leslie McNamer   

Vote Nay:       1              Martha McClure

Vote Abstain: 1              Michael Sullivan

CONSENT AGENDA

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

Action: Public Comment was heard from Richard Miles.

The Consent Agenda (Items 4 through 6, Item 8 and Items 10 through 18) was adopted unanimously.

Supervisor Hemmingsen pulled Item 7 and Supervisor Sullivan pulled Item 9 for separate discussion and vote.

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    Michael Sullivan

 

Vote Yea:       5              Leslie McNamer, Michael Sullivan, Gerry Hemmingsen, Martha McClure, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

4.     Approve the Minutes from the January 8, 2008 meeting.**

Action: Approved

5.     Approve the Appointment List of the Board of Supervisors Members to Committees, Organizations and Agencies for 2008 as requested by Supervisor Finigan.**

Action: Approved

The Alternate to the Border Coast Regional Airport JPA was changed to Supervisor Sullivan.

6.     Approve the Appointment of Irene Tynes, Dennis Burns, Richard Enea, Dale Miller and Kara Brundin Miller as members of the Indian Gaming Local Community Benefit Committee as requested by the County Administrative Officer.**

Action: Approved

7.     Approve the Sale of Tax-Defaulted Property Subject to the Power of Sale by Public Auction as requested by the County Treasurer-Tax Collector.**

Action: This item was pulled for separate discussion and vote.

Item was approved with the removal of the following items and parcel numbers:  3  (APN 107-051-21), 4 (APN 108-031-24), 5 (APN 108-142-14), 6 (108-251-17) and 7 (108-312-04).

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Leslie McNamer

 

Vote Yea:       5              Gerry Hemmingsen, Leslie McNamer, Michael Sullivan, Martha McClure, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

8.     Approve the Sale of Tax-Defaulted Property Subject to the Power of Sale by Sealed Bid as requested by the County Treasurer-Tax Collector.**

Action: Approved

9.     Review and Approve the Treasurer's 2008 Statement of Investment Policy and Adopt the Resolution Granting Investment Authority to the County Treasurer as requested by the County Treasurer-Tax Collector.**

Action: This item was pulled fro separate discussion and vote.  Supervisor Sullivan requested additional information on the performance of current investments.  The Assistant County Administrative Officer asked that on page 10 Account Clerk be changed to the correct title. 

This item was held over until the February 5, 2008 meeting so that the additional information requested could be included.

10. Approve and Adopt the Resolution to accept a portion of Summer Lane and a portion of Scenic Creek Drive into the County Maintained Road System as requested by the County Engineer.**

Action: DNCO Resolution 2007-008

11. Approve and Adopt the Resolution to accept Deirdre Court into the County Maintained Road List as requested by the County Engineer.**

Action: DNCO Resolution 2008-009

12. Approve and Authorize the Chair to sign the Amendment to the Contract between SHN Consulting Engineers and Geologists, Inc. and County of Del Norte (Agreement 2007-049) as requested by the County Engineer.**

Action: DNCO Agreement 2008-027

13. Approve and Authorize the Chair to sign Agreement with Steven C. Devin, P.E. (Civil and Geotechnical Engineering Services) for design of the Pebble Beach Emergency Repair project as requested by the County Engineer.**

Action: DNCO Agreement 2008-028

14. Approve the renaming of the affected portion of Holben Road to Winter Lane; Authorize the recordation of a document to show the old address, the new address and the purpose for the change; and Authorize providing the new street address number signs at no charge to each affected existing parcel that has been assigned an address and is using that address as requested by the Director of Community Development.**

Action: Approved

15. Approve the reallocation of the vacant Staff Service Analyst position to an Account Clerk Supervisor and Authorize the modification to the Child Support Services Staffing Chart as requested by the Interim Director of Child Support Services.**

Action: Approved

16. Authorize the Airport Manager to submit the 2008 Airport Capital Improvement Plan (ACIP) 2009-2013 update for this year as requested by the Airport Manager.**

Action: Approved

17. Approve and Authorize the Chair to sign the Agreement with Community Assistance Network providing Safe and Drug-Free Schools and Communities services as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2008-029

18. Approve and Authorize the Chair to sign the Agreement for Consultant Services between the County and Chris Doehle as requested by County Counsel.**

Action: DNCO Agreement 2008-030

REGULAR ITEMS

GENERAL GOVERNMENT:

19. Authorize the Chair to sign the attached letter to the FEMA Regional Management Center Administrator and Direct the Clerk of the Board to forward this item with proof of delivery as requested by the Director of Community Development.**

Action: Ernest Perry, Director of Community Development, gave a presentation on the flood maps.  Public comment was heard from Jan Sirchuck and he submitted a letter and requested that it be sent to FEMA along with the County letter from Michael C. Nowlan, PE from Wood Rogers.  Mr. Perry commented that he would rework items 1 and 2 and forward the letter to the Clerk of the Board for the Chair's signature.  The letter from Mr. Nowlan is to be included.

 

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

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, Gerry Hemmingsen, Martha McClure, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

20. Approve a Budget Transfer (01-02) within the Department of the Assessor in the amount of $2,605.00 to move the Apprentice Program funds to the correct budget line item as requested by the County Assessor.**

Action: Approved

21. Approve a Budget Transfer (01-03) within the Department of Grants Administration in the amount of $1,592,500.00 from HCD for a loan to CFY Development for the Hidden Creek Apartments as requested by the County Administrative Officer.**

Action: Approved

22. Approve a Budget Transfer (01-04) within the Department of Health and Human Services in the amount of $111,586.00 for line item adjustments based on actual operating expenses as requested by the Director of Health and Human Service.**

Action: Approved

23. Approve a Budget Transfer (01-05) within the Department of Health and Human Services in the amount of $249,700.00 to recognize the Grant Award from the California Department of Alcohol and Other Drug Programs for Safe and Drug Free Schools and Communities project and additional line item adjustments based on actual operating expenses at mid-year as requested by the Director of Health and Human Services.**

Action: Approved

24. Approve a Budget Transfer (01-06) within the Department of Health and Human Services in the amount of $23,700.00 due to the State Allocation and funding source for the AIDS Program was not finalized until December 2007 requiring adjustment to the County budget based on funding and approved activities as requested by the Director of Health and Human Services.**

Action: Approved

25. Approve a Budget Transfer (01-07) within the Department of Health and Human Services in the amount of $7,303.00 due to the State Grant amount for Bioterrorism was slightly increased and finalized January 2008 requiring us to adjust the County budget based on funding and approved activities as requested by the Director of Health and Human Services.**

Action: Approved

LEGISLATIVE AND BUDGET ISSUES:

26. Consider miscellaneous legislative and budget matters pertinent to the County of Del Norte.  Authorize the Chair to sign and appropriate letters and/or positions with respect to matters pending before the state or federal governments.

Action: Jay Sarina, Assistant County Administrative Officer, commented on current negotiations for a federal lobbyist and will have a contract for approval at the next Board meeting.  Gary Blatnick, Director of Health and Human Services commented on the Governor's budget cuts.

 

27. Approve and Authorize the Chair to sign letters to our Federal Legislators requesting federal appropriations for specific local projects in the 2009 Federal Fiscal Year Budget as requested by the County Administrative Officer.**

Action: These letters are to be held until the lobbyist is hired.

CAPITAL PROJECTS:

28. Written Capital Projects update.  Informational only.**

Action: A written update was given.

ADJOURNMENT

 

 

 

Sherri Adams, Clerk of the Board

County of Del Norte, State of California              Date Posted:  January 29, 2008

 

 

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