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, May 27, 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; 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  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.

Action: The Chair called the meeting to order at 10:00 A.M.

·        This Board of Supervisors meeting is dedicated to some of our partners:  Northcoast Emergency Medical Services

Action: Larry Karsteadt gave a presentation on Northcoast Emergency Medical Services' progress and new programs.

·        The Pledge of Allegiance to the Flag led by Larry Karsteadt.

Action: A moment of silence was taken for Memorial Day.

·        Introduction of new employees to the Board of Supervisors.

Action: Maurice Machado was introduced as the new Systems Support Specialist III and Alan Windogradov as the new Assistant Director to the Department of Information Technology.

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

Action: County Counsel reported on a motion by Supervisor Sullivan and seconded by Supervisor Hemmingsen that was passed unanimously by the Board to directed Vicky Frazier, the Public Administrator of the Wanda Ford Estate to take legal action to eject the squatters located at the estate's property Pike Street and put the property up for sale.

·        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: Supervisor Hemmingsen addressed an item that was left off the agenda regarding a presentation by Fred Grant, Stewards of the Range.  He informed the Board that there is a workshop being held in the Board Chambers from 1:30 pm to 3:30 pm and invited all those Board members who wished to attend.

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 McClure reported on attending a Solid Waste Management Authority meeting, attending a RCTA meeting regarding approval of the new contract, attending a couple Jobs daughters events over the weekend, attending LRT gala, and attending the Veterans' Memorial Day event.

Supervisor Hemmingsen reported on a meeting with Supervisor Sullivan and County Counsel regarding strategies for getting the National Recreation Area to coordinate with the County, meeting at Fort Dick Grange for RC & D and spoke about it potentially being the new "home" of the 5 Counties Salmonid; attending a meeting at the Harbor, with the Army Core, Mike Thompson's aid Liz Murgia, and a State OES person regarding the federal channel at the Harbor which is about 8 to 10 inches deep in some spots; referenced a Sea Grant group working on economic consequences of  fishing related industries in Harbor cities and a study to be finished at the end of this year, attending Smith River Advisory Council meeting with Supervisor Sullivan on a presentation regarding salmon stronghold designation and that Smith River be designated as such, attending a Tri-Agency meeting  for Supervisor Finigan where they approved an RFP for an executive director; went to the School District offices and listened to a presentation on the Lifestyle survey that had been done on Del Norte County, participating in a teleconference on the crab commission, and attending the Memorial Day services and commending Jerry Cochran, Sarah Samples, Bob Cochran, and others on their efforts.

Supervisor McNamer reported on attending an IGRC meeting, attending a RC & D meeting with Supervisor Hemmingsen, attending an Air Quality Management District meeting in Crescent City, attending a Revolving Loan committee meeting, attending presentation by Mr. Berkowitz of Lifestyles with Supervisor Hemmingsen and Jeannine Galatioto, attending a B&G Club meeting that was not well attended, conducting an agenda review for Supervisor Finigan, attending a Chamber Board meeting, attending the Memorial Services at the cemetery, attended the Wildflower show with food catered by Bar-O, attending a Sunrise Rotary club meeting and attending a Nooner's Rotary club meeting.

Supervisor Sullivan reported on attending a Smith River NRA meeting with Supervisor Hemmingsen and County Counsel regarding coordination, attending a Solid Waste Management Authority meeting, attending an RCTA meeting regarding contract approval, attending a City/County/Schools meeting, commented on receiving concerns of noise level off North Bank and South Bank due to the rock quarry, commented on dealing with pot holes in his district, attending a Smith River Advisory Council meeting regarding salmon stronghold, attending a special Tri-Agency meeting regarding the executive position for economic development, meeting with some salmon fisherman regarding the next disbursement of relief money, attended the  Kindergarten circus at Mary Peacock, commented on leaving for the California Transportation Commission meeting that will be held on Wednesday and Thursday with a vote being taken on Thursday regarding whether Del Norte County will receive 19 million dollars for the repair of Highway 199.

Supervisor Finigan reported on attending a Klamath Chamber meeting focusing on fishing and boat ramps, thanked staff regarding the efforts made for the Board of Supervisors meeting in Klamath, attending RCRC in Sacramento with a focus the May budget revision by the Governor and commented on Roger Niello, the Vice Chair of the Assembly Budget Committee, commented on participating via teleconference in a CSAC Legislative Conference regarding: the deterioration of revenues by over 6 billion dollars, the lottery proposal, Prop 42 and 1A, the need for spending reform, repayment of the counties for elections, early release of state parolees and closures of state parks, presentation from Randy Moore, Regional Forester of the Pacific Southwest Region; commented on state legislation that RCRC is vehemently opposed to which has to do with any bill that has to do with fire and SRAs, commented on retrofit deadlines regarding the resources board, meeting with Community Development regarding the Klamath levy, attending the LRT function, participated in a conference call regarding the  American Fishing Foundation status Klamath and the derby in August, attending a picnic at Mary Peacock  with his daughter, attending the Harbor meeting with Supervisor Hemmingsen, representatives from Mike Thompson's office and the Army Corp of Engineers, traveling to St. George Utah for National Association of Counties Western Interstate Regions Conference regarding county resource area mapping and planning and commented on the new Chair Brian Dahle being his  predecessor on RCRC as Chair, and, while there, met with Mike Thompson, Vice President of Sky West marketing regarding contribution to marketing plan and possible space in the magazine about Del Norte County, and commented on not having one day round trip flights to Sacramento,  commented on SB 1xxx being signed and saying that it is a major success, and referenced the Wi-Fi now available at the airport.

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 given by Richard Miles; Jerry Cochran, Veteran's Service Administrator; Susie Minx of CASA regarding Foster Care Month; Ken Smith, Ag Commissioner, regarding the negative effect of Scotch Broom; and Jim Waldvogel spoke about the Smith River Punch Card.

Grant Wershkull gave a brief presentation and asked that the board sign and send a letter regarding support for the Mill Creek Proposal.  Supervisors Hemmingsen and Finigan expressed their concerns with some areas of the Mill Creek project.

On a motion by Supervisor Sullivan and seconded by Supervisor Hemmingsen, the Board approved the Chair to sign the letter in support of the Mill Creek Proposal.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Gerry Hemmingsen

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

3.     10:45 A.M.  Hold a Nuisance Abatement Accounting Hearing for the Property at 1329 Burtschell Place, Assessor's Parcel Number 117-041-10.**

Action: Dave Mason, Code Enforcement Officer was sworn in.

After a brief overview was given, Chair Finigan opened the Public Hearing. No Public comment was given and public comment was closed.  On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board, adopted a Resolution Confirming an Accounting of Costs of Abatement of a Public Nuisance, and Authorizing a Special Assessment and Lien to Recover Said Costs of Abatement (DNCO RES 2008-033).

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Leslie McNamer

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

4.     11:00 A.M. Presentation by Kenyon Hensel and authorize the Chair to sign the attached Resolution.**

Action: Kenyon Hensel gave a presentation regarding the need of this proclamation and upcoming issues regarding the fishing in Del Norte County.

Public comment was heard by several unidentified individuals in the audience in favor of the action.

Supervisor Sullivan made a motion to Authorize the Chair to sign the attached Resolution as modified to state the "mouth of Smith River" in place of the "mouth of Lake Earl".  The motion was seconded by Supervisor Hemmingsen and carried unanimously by the Board.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Gerry Hemmingsen

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

5.     11:15 A.M.  Informational report from the Board of Supervisors' Goal Committee No. 2 Safe and Healthy Families as presented by Gary Blatnick and others.  No Action Required.

Action: Gary Blatnick gave a presentation on the Board of Supervisors' Goal Committee #2 and introduced the members of the committee.  The focal point was of the initial focus and continuing efforts of the committee, the community partnerships, and supported cooperation.

6.     11:30 A.M.  Presentation by Doreen Wells and Approval of the Child Care Needs Assessment and Child Care Priorities.

Action: Doreen Wells gave a  presentation on the Child Care Needs Assessment and key points in the report.

On a motion by Supervisor Sullivan and seconded by Supervisor McClure, the Board Approved the Child Care Needs Assessment.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

CONSENT AGENDA

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

Action: Item 7 was taken separately.

Motion:        Move to approve

Move:   Martha McClure

Second:        Leslie McNamer

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

The Motion was carried unanimously

Items 12 and 13 were passed with Supervisor Sullivan abstaining due to conflict of interest.

The Consent Agenda (Items 8 through 11 and 14 through 19) was adopted unanimously.

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    Gerry Hemmingsen

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

7.     Approve the Proclamation to designate the Week of May 18-24, 2008, as Emergency Medical Services Week as requested by the Coordinator of North Coast Emergency Services.**

Action: Chair Finigan pulled this item for a vote due to time constraint.  On a motion by Supervisor McClure and seconded by Supervisor McNamer, the Board approved the Proclamation to designate the Week of May 18-24, 2008 as Emergency Medical Service Week.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Leslie McNamer

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

8.     Approve and adopt the Resolution to accept Klamath Circle into the County Maintained Road List as requested by the County Engineer.**

Action: Approved (DNCO Resolution 2008-034)

9.     Approve and authorize the Chair to sign the Amendment to the Agreement with the State of California, Department of Mental Health to extend the local Mental Health Services Act (MHSA) program through June 30, 2009 as requested by the Director of Health and Human Services.**

Action: Approved (DNCO Agreement 2008-085)

10. Approve and authorize the Chair to sign Standard Agreement Amendment #07-65046 A01 to increase funding by $81,021 and accompanying Memorandum of Understanding between the County of Del Norte and the State of California for the provision of HIV Prevention, HIV/AIDS Surveillance, and HIV Counseling and Testing for the period of July 1, 2007 through June 30, 2010 as requested by the Director of Health and Human Services.**

Action: Approved (DNCO Agreement 2008-086 and 2008-087)

11. Approve and authorize the Chair to sign the Amendment to the Agreement with Northcoast Health Screening for non-dependency drug and alcohol testing services with an increase of $13,000 as requested by the Director of Health and Human Services.**

Action: Approved (DNCO Agreement 2008-088)

12. Approve the attached contract (Recreation Gymnasium Door Replacement and Window Repair Project) with Rick Parker Construction and authorize the County Administrative Officer or her designee to sign Change Orders in an individual amount not to exceed 10% of the total contract price as requested by the Assistant County Administrative Officer.**

Action: Approved (DNCO Agreement 2008-089)

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    Gerry Hemmingsen

 

Vote Yea:       4              Leslie McNamer, Gerry Hemmingsen, Martha McClure, David Finigan         

Vote Nay:       0              None

Vote Abstain: 1              Michael Sullivan

13. Approve the attached contract (Veteran's Memorial Hall Floor Refinish and Rot Repair Project) with Rick Parker Construction and authorize the County Administrative Officer or her designee to sign Change Orders in an individual amount not to exceed 10% of the total contract price as requested by the Assistant County Administrative Officer.**

Action: Approved (DNCO Agreement 2008-090)

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    Gerry Hemmingsen

 

Vote Yea:       4              Leslie McNamer, Gerry Hemmingsen, Martha McClure, David Finigan         

Vote Nay:       0              None

Vote Abstain: 1              Michael Sullivan

14. Approve the proposed Contract Amendment to Del Norte County Agreement No. 2008-028 between the County of Del Norte and Steven C. Devin, P.E. and authorize the Chairman to sign it as requested by the County Engineer.**

Action: Approved (DNCO Agreement 2008-091)

15. Approve and authorize the Chair to sign the First Amendment to the agreement with Robert Soper, M.D., Psychiatric Consultant, to provide psychiatric services as requested by the Director of Health and Human Services.**

Action: Approved (DNCO Agreement 2008-092)

16. Approve and authorize the Chair to sign the Amendment to the Agreement with the Community Assistance Network (CAN) for employment training services as requested by the Director of Health and Human Services.**

Action: Approved (DNCO Agreement 2008-093)

17. Approve and authorize the Chair to sign the Amendment to the Agreement with Remi Vista, Inc. to provide children's mental health services to eligible children, youth and their families as requested by the Director of Health and Human Services.**

Action: Approved (DNCO Agreement 2008-094)

18. Approve and authorize the Chair to sign the Second Amendment to the Agreement with Kings View Corporation to provide Software Services for the Department of Health and Human Services, Mental Health Branch (MHB) as requested by the Director of Health and Human Services.**

Action: Approved (DNCO Agreement 2008-095)

19. Approve and authorize the Sheriff to enter into a cooperative agreement with the United States Forest Service for suppression of manufacturing and trafficking of controlled substance on National Forest Services Lands for the calendar year 2008 as requested by the Sheriff-Coroner.**

Action: Approved (DNCO Agreement 2008-096)

REGULAR ITEMS

GENERAL GOVERNMENT:

20. Appoint 2 members to the Americans with Disabilities Act Advisory Committee as requested by the County Administrative Officer.**

Action: On a motion by Supervisor McNamer and seconded by Supervisor McClure, the Board appointed Dan Adams and John Maxon as Public Members of the Americans with Disabilities Act Advisory Committee.

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

21. Approve the Final Subdivision Map of the Richterich & Jones Subdivision (Smugglers Cove) as presented, and authorize the Clerk of the Board to sign it as requested by the County Engineer.**

Action: Art Reeve gave a brief overview of the project.

On a motion by Supervisor Hemmingsen and seconded by Supervisor McNamer, the Board approved the Final Subdivision Map of the Richterich & Jones Subdivision as presented, and authorized the Clerk of the Board to sign.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Leslie McNamer

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

22. Consideration of rejection or acceptance of the construction bid(s) for the reconstruction of the Roy Rook Boat Launch as requested by the Assistant County Administrative Officer.

Action: Jay Sarina, Assistant County Administrator, spoke about the progress made regarding the project. 

Public Comment was heard from Paul Crandall, the President of the Klamath Chamber of Commerce to advocate for the project to be put off.

The Chair closed public comment and brought the issue back to the board.

After discussion a motion was m