A G E N D A

BOARD OF SUPERVISORS

DEL NORTE COUNTY

STATE OF CALIFORNIA

981 H STREET, ROOM 100

CRESCENT CITY, CA  95531

 

TUESDAY, MARCH 28, 2017

 

REGULAR MEETING                                                                    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.

CLOSED SESSION 8:30 A.M.

Public Comment on Closed Session items only.

Hold a closed session to consider and discuss litigation and personnel matters: (a) Conference with Legal Counsel- Existing litigation pursuant to Government Code 54956.9(d)(1) Wanner vs. Del Norte County Dept. of Agriculture CVPT 2017-1051; Big Rock Community Services District v. Peeples et al. CVUJ 2016-1338; Alice Brown v. United States et. al  CV 16-7235; Grassroots v. California Coastal Commission et al. Superior Court of California, County of San Diego, Case No. 37-2016-00006073-CU-MC-CTL; Brown v. County of Del Norte, et. al 13-CV-01451-SC; Gleason v. Bowen 34-2014-80001786; Mike Riese v. County of Del Norte, et al. Case No. CV 12-3723 WHO; McGahuey v. Del Norte County CVUJ2016-1174;  David H. Egan v. Del Norte County et. al. CVUJ 14-1046; Floyd Squires v. Del Norte County  SC160146 b) Conference with Legal Counsel- Anticipated litigation 1) significant exposure to litigation pursuant to Govt’ Code 54956.9(d)(2) – two; 2) Initiation of litigation Conference with Legal Counsel pursuant to Govt’ Code 54956.9(d)(4) – one; (c) Conference with Labor Negotiators pursuant to Government Code 54957.6 between County Negotiator: Jay Sarina, CAO and SEIU; (d) Public Employee Performance Evaluation: Title: Director Community Development

REGULAR SESSION 10:00 A.M.

10:00 A.M. Call the meeting to order and take roll.

·        Moment of Reflection

·        The Pledge of Allegiance to be led by Sheriff Apperson.

·        Introduction of new employees to the Board of Supervisors

Action: None.

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

Action: None.

·        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: None.

·        Receive other brief reports or announcements relative to the County of Del Norte programs and projects, progress of the two by two committees, goal committees and/or Board and staff travel/training reports.

Action: Supervisor Gitlin: Attended the RCTA meeting, participated in a discussion with Humboldt County regarding a possible MOU with DHHS for patient treatment, attended the Economic Summit, attended the LEADN Awards, participated in a discussion with the Yurok Tribal Council regarding Last Chance Grade and transfer of the Baseball Field, attended the LAFCO meeting, participated in a discussion with the owners of Trees of Mystery regarding Last Chance Grade, attended the Library Trustee meeting and also attended the COAT meeting.

Supervisor Cowan:  Attended the RCTA meeting, participate in a discussion with Building Healthy Families representative, participated in a discussion with Rachel from BHS regarding the Healthcare Initiative, attended the Economic Summit, attended a meeting with Senator McGuire regarding the No Place Like Home Initiative, attended a meeting with Supervisor Berkowitz, attended the DNSWMA meeting and participated in numerous discussions regarding recycling solutions.

Supervisor Howard: Attended the DNSWMA meeting, participated in exit interviews regarding Solid Waste, attended the RCD meeting, attended a meeting with a representative from the Small Business development center, attended the Economic Summit, participated in Agenda Review, attended the City Council meeting, attended the Harbor District meeting, attended the Tri-Agency meeting, attended the Natural Resources Goal Committee meeting, attended the Yurok Tribal Council meeting, attended a local Chamber Mixer, participated in discussions regarding Bar-O Boys Ranch, participated in discussions with Legislative and Citizens regarding Last Change Grade and dealt with numerous constituents concerns regarding Verizon wireless coverage in the Fort Dick area.

Supervisor Hemmingsen: Attended the RCRC meeting, attended the RCRC Environmental JPA meeting, attended a meeting with Supervisor Cowan and Senator McGuire regarding the No Place Like Home Initiative, attended a CA. Department of Fish and Wildlife meeting, attended a Tri-Agency meeting, attended the Natural Resources Goal Committee meeting, attended a meeting with CDD Staff, attended the Crescent City Commercial Fisherman’s meeting regarding Demoic Acid, participated in a teleconference with Senator Jackson regarding the Whale Entanglement Group, attended a Chamber Mixer and also attended the LEADN Awards.

Supervisor Berkowitz:  Attended a meeting with the Yurok Tribal Council regarding Last Chance Grade and transfer of the Baseball Field, participated in a discussion with the owners of Trees of Mystery regarding Last Chance Grade, attended the LEADN Awards, attended two local Chamber Mixers, attended the Economic Summit and took a trip to Contra Costa County to discuss Bar-O Boys Ranch.

 

SCHEDULED ITEMS:

1.    10:25 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.

2.    10:30 A.M. Wonder Bus Update. (Angela Glore, First 5 Commissioner)

3.    10:45 A.M. Receive a report regarding the potential loss of the Essential Air Service Program funding as it relates to the Del Norte County Regional Airport. (Matthew Leitner, Border Coast Regional Airport Authority Director)

CONSENT AGENDA

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

Action: Approved. On a motion by Supervisor Hemmingsen and a Second by Supervisor Cowan with a 5-0 vote the Consent Agenda was approved. Due to Chair Howard lacking to get public comment prior to the Approval County Counsel suggested they rescind the motion and re-vote on the Consent Agenda to be in compliance with the Brown Act. The motion was rescinded and re-voted after public comment with a motion by Supervisor Hemmingsen and a second by Supervisor Berkowitz with a 5-0 vote.

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Bob Berkowitz

Vote Yea:       5              Gerry Hemmingsen, Roger Gitlin, Chris Howard, Lori Cowan, Bob Berkowitz

Vote Nay:       0             

Vote Abstain: 0             

4.    Approve and adopt Minutes from the March 14, 2017 Board of Supervisors Meeting.**

Action: Approved.

5.    Approve and appoint Supervisor Hemmingsen and Supervisor Cowan to the No Place Like Home Program to help plan for Permanent Supportive Housing and Community Development as requested by Senator McGuire.**

Action: Approved.

6.    Approve and authorize the Chair to sign the First Addendum to Agreement Number 2016-111 with Kings View Corporation for Mental Health Branch Electronic Health Record System, not to exceed $153,247.00 for the period July 1, 2016 to June 30, 2017 as requested by the Director of Health and Human Services.**

Action: Approved. DNCOAGREE#2017-036

7.    Approve and adopt a Resolution appointing the Del Norte County Law Library Trustees for the year 2017 as requested by County Counsel.**

Action: Approved. RESO#2017-017

8.    Approve and authorize the Agreement between the Del Norte County Probation Department and the California Department of Corrections and Rehabilitation for use of Pelican Bay Range as requested by the Chief Probation Officer.**

Action: Approved. DNCOAGREE#2017-037

9.    Approve and authorize the Chair to sign an Agreement with Forensic Medical Group, Inc. for forensic pathology, autopsy and professional services on behalf of the Sheriff-Coroner as requested by the Sheriff-Coroner.**

Action: Approved. DNCOAGREE#2017-038

10. Approve and authorize the Chair to sign the Second Amendment to the Agreement (#2013-109) for Professional Services for the Requa Road at Hunter Creek Bridge Replacement Project as requested by the Assistant Engineer.**

Action: Approved. DNCOAGREE#2017-039

BUDGET TRANSFERS:

11. Approve and adopt Budget Transfer #03-02 in the amount of $5,784.00 from Resource Conservation District Grant to the Part-Time Temporary budget line to cover extra grant work taken on by the Department of Agriculture last summer that depleted the part time temporary funds as requested by the Agricultural Weights and Measures Inspector IV.**

Action: Approved. BT#03-02

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Lori Cowan

Vote Yea:       5              Gerry Hemmingsen, Roger Gitlin, Chris Howard, Lori Cowan, Bob Berkowitz

Vote Nay:       0             

Vote Abstain: 0             

12. Approve and adopt Budget Transfer #03-03 in the amount of $55,847.00 to match the 2016/2017 Victim Witness Grant awarded to the District Attorney's Office as requested by the Assistant District Attorney.**

Action: Approved. BT#03-03

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Lori Cowan

Vote Yea:       5              Gerry Hemmingsen, Roger Gitlin, Chris Howard, Lori Cowan, Bob Berkowitz

Vote Nay:       0             

Vote Abstain: 0             

REGULAR ITEMS

GENERAL GOVERNMENT:

13. 1) Consider, review and approve a concept of an equal value land exchange between the County of Del Norte and California State Parks as part of the process to remove trees presently penetrating protected airspace in the vicinity of CEC (Del Norte County Regional Airport) and 2) authorize staff to engage in further negotiations with California State Parks as requested by the Director of the Border Coast Regional Airport Authority.

Action: Approved.

Motion:    Move to approve

Move:       Lori Cowan

Second:    Gerry Hemmingsen

Vote Yea:       5              Gerry Hemmingsen, Roger Gitlin, Chris Howard, Lori Cowan, Bob Berkowitz

Vote Nay:       0             

Vote Abstain: 0             

14. 1) Review annual update, accept public comment and 2) direct staff to transmit the Annual Progress Report to the Governor's Office of Planning and Research (OPR) and California Department of Housing and Community Development (HCD) as requested by the Assistant Director of the Community Development Department.**

Action: Approved.

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Lori Cowan

Vote Yea:       5              Gerry Hemmingsen, Roger Gitlin, Chris Howard, Lori Cowan, Bob Berkowitz

Vote Nay:       0             

Vote Abstain: 0             

15. Approve and appoint Supervisor Cowan to Congressman Huffman's Last Chance Grade Stakeholder Group as requested by Chair Howard.**

Action: Approved. Supervisor Gitlin made a motion to appoint Supervisor Berkowitz to the group but the motion did not go to a vote due to lack of second. Supervisor Berkowitz made a motion to appoint Supervisor Hemmingsen and Supervisor Gitlin made a second but Supervisor Hemmingsen declined the appointment.

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Chris Howard

Vote Yea:       3              Gerry Hemmingsen, Chris Howard, Lori Cowan

Vote Nay:       2              Roger Gitlin, Bob Berkowitz

Vote Abstain: 0             

16. Approve and authorize Big Rock Community Services District to occupy County land in Hiouchi for use as a staging area for their Hillside Stabilization Project subject to use permit approval and authorize Big Rock to move forward with a use permit application as requested by Chair Howard.**

Action: Approved.

Motion:    Move to approve

Move:       Roger Gitlin

Second:    Bob Berkowitz

Vote Yea:       5              Gerry Hemmingsen, Roger Gitlin, Chris Howard, Lori Cowan, Bob Berkowitz

Vote Nay:       0             

Vote Abstain: 0             

LEGISLATIVE AND BUDGET ISSUES:

17. 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.

18. Discuss the request from the Democratic Central Committee regarding the potential impacts to residents from Del Norte County from the repeal of the Affordable Care Action.

19. Approve and appoint Supervisor Cowan as the alternate to travel to Washington D.C. for advocacy of the Del Norte County Federal Legislative Platform in case Supervisor Howard or Supervisor Hemmingsen isn't able to attend as requested by Chair Howard.

Action: Approved. This was a cure and correct action from the meeting on March 14, 2017.

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Chris Howard

Vote Yea:       3              Gerry Hemmingsen, Chris Howard, Lori Cowan

Vote Nay:       2              Roger Gitlin, Bob Berkowitz

Vote Abstain: 0             

ADJOURNMENT

 

 

 

Kylie Heriford, Clerk of the Board

County of Del Norte, State of California Date Posted:  March 24, 2017

 

 

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