BOARD OF SUPERVISORS
CRESCENT CITY, CA 95531
Tuesday, November 23, 2010
of Supervisors of the
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
CLOSED SESSION 8:30 A.M.
Public Comment on Closed Session items only.
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),
Otremba v DNC
Del Norte Superior Ct., # CVUJ-10-1258, Wilson v. DNC, Cal. 1st App Dist #
A127847, Hanover vs. DNC Road Dept,
Del Norte Superior Ct., # CVCV 08-2300 , Danis v.
DNC, U.S. Dist Ct, N Cal., # CV095924CRB, DNC v. U.S. Forest Srv, U.S. Dist Ct,
N Cal., # CV10-2047JSW, Coyle v. DNC, Del Norte Ct # CVPM07-1572, Dickson v.
DNC, Del Norte Ct # CVUJ08-1485, Elsebusch v. DNC, Del Norte Ct # CVCV06-2313,
Stewart v. DNC, Del Norte Ct # CVUJ09-1001, Whetstine v. DNC, Del Norte Ct #
CVUJ-10-1199, Wigley v. DNC, Del Norte Ct # CVPI06-1401, 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. Public Employee Assistant
District Attorney DISCIPLINE/DISMISSAL/RELEASE (1) ( GC 54954.5 AND 54957). Pursuant to
Gov’t Code 54997, conduct annual evaluation of the Chief Probation Officer and
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 Sullivan
Action: Supervisor Sullivan led the Pledge of Allegiance.
· Introduction of new employees to the Board of Supervisors.
Action: No new employees were introduced.
of any actions from closed session by
Action: County Counsel stated no reportable actions from 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, additions, or corrections were requested.
1. 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: Sullivan reported on attending a Resource Advisory Committee meeting, participating in Action Summary, attending the Veteran's Day Parade and hosting a reception afterwards in his office, traveling to Riverside for the California State Association of Counties Annual meeting, congratulated Supervisor Finigan on being elected to the CSAC Executive Board, attending LRT's A Christmas Story, and meeting with Gasquet residents regarding a potential walkway.
Supervisor McNamer reported on meeting with Gary Blatnick,
Director of Health and Human Services regarding CMSP and Medi-Cal, attending an
Air Quality Management District meeting, attending a baby shower for her first
great-grandchild, commented on her trip to
Supervisor McClure reported that the Redwood Park Association and the Redwood Northcoast Interpretive Association have officially merged, commented that the Historical Society will be hosting a fundraiser called Keep The Lid On, attending a Solid Waste Management Authority meeting, attending LRT's A Christmas Story, traveling to the Requa Inn, and commented that the new Coastal Commission opening needs to be looked at and that Del Norte should submit nominations for this opening.
Supervisor Finigan reported on attending a First 5 Del Norte
meeting, participated in a NACO conference call regarding transportation,
attending the CSAC Annual Conference in
Supervisor Hemmingsen reported on attending a Northwest California Resource Conservation and Development videoconference, attending the health screening for the County, participating in Agenda Review, attending the Veteran's Day Parade, attending a Tri-Agency Economic Development Authority meeting, and spoke with constituents regarding the Lake Earl breaching permit.
2. 10:20 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 Henry Cole regarding support for a dialysis center for Del Norte County and Eileen Cooper regarding fluoride in the water.
Action: Richard Young, Harbormaster, gave an update on Inner Boat Basin projects and the CDBG Grant.
Comments from members of the public may be heard at this time regarding matters on the Consent Agenda only.
Action: On a motion by Supervisor Sullivan and seconded by Supervisor McClure, the Board approved the Consent Agenda (Items #4 through #14).
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
5. Approve and authorize the Chair to sign an Agreement with the University of California, Davis (UC Davis) for System Improvement Plan (SIP) technical assistance from October 1, 2010 to January 1, 2011, not to exceed $4,500.00 as requested by the Director of Health and Human Services.** Document
Action: Approved (DNCO Agreement 2010-190)
6. Approve and authorize the Chair to sign Amendment No. 1 to the Agreement with Sandra Morrison to provide Clean and Sober Residential Services from July 1, 2010 through June 30, 2011, not to exceed $35,000.00 as requested by the Director of Health and Human Services.** Document
Action: Approved (DNCO Agreement 2010-191)
7. Approve and authorize the Chair to sign the Agreement with Victor Treatment Centers, Inc. to provide out-of-county mental health services for the period September 20, 2010 to June 30, 2011, not to exceed $93,000.00 as requested by the Director of Health and Human Services.** Document
Action: Approved (DNCO Agreement 2010-192)
8. Approve a Resolution authorizing the County Agricultural Commissioner to sign an Agreement with the California Department of Food and Agriculture for High Risk Pest Exclusion activities as requested by the Agricultural Commissioner.** Document
Action: Approved (DNCO Agreement 2010-193) (DNCO Resolution 2010-063)
9. Approve and authorize the County Administrative Officer to execute a 48 month lease agreement with Oce Financial Services, Inc. in the amount of $38,801.76 ($808.37 per month) to lease a copy machine as requested by the Director of Information Technology.** Document
Action: Approved (DNCO Agreement 2010-194)
Action: Approved (DNCO Agreement 2010-195)
11. Approve the proposed Amendment to Del Norte County Agreement No. 2010-157 and authorize the Chairman of the Board to sign it as requested by the Deputy Director of Engineering and Roads.** Document
Action: Approved (DNCO Agreement 2010-196)
12. Approve the appointments submitted by the Districts for the terms beginning on December 3, 2010 and expiring on the first Friday of December, 2014 and (2) in accordance with the Election Code 10515, that the candidates and terms declared elected by nomination be approved and appointed as requested by the Registrar of Voters.** Document
13. Approve and adopt the November 2, 2010 Statewide General Election Statement of Votes and request that a copy be lodged in the Office of the County Clerk as requested by the County Clerk-Recorder/Registrar of Voters.** Document
Action: Approved (DNCO Agreement 2010-197)
15. Approve and authorize staff to submit a Highway Safety Improvement Program (HSIP) funding applications to the Department of Transportation for road improvements to Railroad Avenue and for road improvement to Pebble Beach Drive; and 2) authorize the Director and/or the Deputy Director of Community Development to sign documents necessary for submittal as requested by the Deputy Director of Engineering & Roads.** Document
Action: Supervisor McClure recused herself from this item.
On a motion by Supervisor Finigan and seconded by Supervisor Sullivan, the Board approved and authorized staff to submit a Highway Safety Improvement Program (HSIP) funding applications to the Department of Transportation for road improvements to Railroad Avenue and for road improvement to Pebble Beach Drive; and 2) authorized the Director and/or the Deputy Director of Community Development to sign documents necessary for submittal
Motion: Move to approve
Move: David Finigan
Second: Michael Sullivan
Vote Yea: 5 David Finigan, Michael Sullivan, Leslie McNamer, Martha McClure, Gerry Hemmingsen
Vote Nay: 0 None
Vote Abstain: 0 None
LEGISLATIVE AND BUDGET ISSUES:
16. Consider miscellaneous legislative and budget matters pertinent to the County of Del Norte. Authorize the Chair to sign and send appropriate letters with respect to matters pending before the state or federal governments.
Action: Jay Sarina, County Administrative Officer, gave an update on Ruby Van Deventer Park, Florence Keller Park, Point St. George, and a potential Emergency Operations Center for the County.
Action: The Board adjourned to Closed Session and stated that Closed Session will be continued until November 20, 2010 at 1:00 P.M.
Jeremi Ruiz, Clerk of the Board
THE AGENDA AND ACTION SUMMARY ARE AVAILABLE ON THE COUNTY WEBSITE: www.co.del-norte.ca.us