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, MAY 23, 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: Conference with Legal Counsel- Existing litigation pursuant to Government Code 54956.9(d)(1) none  Conference with Legal Counsel- Anticipated litigation 1) significant exposure to litigation pursuant to Govt’ Code 54956.9(d)(2) – one; 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

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 Debbie Mayhue, Child Support Services Director.

·        Introduction of new employees to the Board of Supervisors

Action: None.

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

Action: The Board authorized County Counsel to initiate an action with a motion by Supervisor Cowan and second by Supervisor Berkowitz and a 5-0 vote. The defendants and the other particulars shall, once formally commenced, be disclosed to any person upon inquiry, unless to do so would jeopardize the agency’s ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage.

In regard to an item of significant exposure to litigation, a cease and desist letter received by the Board, Supervisor Gitlin made a motion to send a Government Code 59460.2(c) letter with no second. The Board authorized the Chair to send a response letter, which will be available for public inspection upon sending. Motion by Supervisor Hemmingsen, second by Supervisor Cowan, Supervisor Gitlin and Berkowitz dissenting.

 

 

·        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.

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. Adjourn as the Board of Supervisors, reconvene as the Board of Equalization, and conduct a Public Hearing for a Change of Assessment (Mark Gautreaux),  APN 102-010-34 RY 15/16.**

Action: The Board approved the adjustment to the base year and filing year accordingly based on the evidence presented and agreed to by the Assessor the Board accepted the valuation as stated on the applicant’s application.

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             

3.    10:45 A.M. Adjourn as the Board of Equalization reconvene as the Board of Supervisors and 1) Conduct a public hearing 2) adopt a Resolution and 3) direct staff to submit an application to the Department of Water Resources for the formation of the Del Norte County Groundwater Sustainability Agency for the management of the Smith River Plain Groundwater Basin as requested by the Assistant Director of the Community Development Department.**

Action: Approved. RESO#2017-026

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             

4.    10:55 A.M. Update on current activities and future funding for Last Chance Grade. (Jaime Matteoli, Project Manager with Caltrans District 1)

5.    11:05 A.M. Yurok Lands Legislation Discussion. (Amy Cordalis, General Counsel Yurok Tribe)

6.    11:15 A.M. Review and discuss the Del Norte County Treasurer's Report for quarter ending March 31, 2017 as requested by the Treasurer-Tax Collector.**

CONSENT AGENDA

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

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             

7.    Approve and adopt Minutes from the May 09, 2017 Board of Supervisors Meeting.**

Action: Approved.

8.    Approve and adopt a Resolution honoring Debbie Mayhue retiring Director of Child Support Services as requested by the County Administrative Officer.**

Action: Approved. RESO#2017-028

9.    Approve and authorize the Chair to sign the submittal of the Local Agency DBE Annual Submittal Form to Caltrans as requested by the Assistant Engineer.**

Action: Approved.

10. Approve and adopt a Resolution authorizing the execution of an Agreement with the Del Norte County Tax Collector's Office and Franchise Tax Board-Court Ordered Debt Collections Program as requested by the Treasurer-Tax Collector.**

Action: Approved. RESO#2017-027;DNCOAGREE#2017-054

11. Approve and authorize the Chair to sign the 2016/2017 Caltrans Exchange/Match Funding Agreement as requested by the Director of the Community Development Department.**

Action: Approved. DNCOAGREE#2017-055

BUDGET TRANSFERS:

12. Approve and adopt Budget Transfer #05-04 in the amount of $1,000,000.00 within the Roads Division Budget Unit to pay the contractor for work performed on the Hurdygurdy Creek Bridge Replacement on Big Flat Road as requested by the Director of the Community Development Department.**

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             

13. Approve and adopt Budget Transfer #05-05 in the amount of $45,000.00 within the Federal Title III Budget to be used for the development of a rural wildland firebreak along Big Flat Road at Gordon Mountain as requested by the Director of the Community Development Department.**

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             

14. Approve and adopt Budget Transfer #05-06 in the amount of $17,000.00 within the FY 16/17 Juvenile Hall and Probation Budgets to cover home detention and medical bills as requested by the Chief Probation Officer.**

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             

REGULAR ITEMS

GENERAL GOVERNMENT:

15. 1) Introduce the Term Limits Ordinance; 2) read in title only; 3) waive further reading of the Ordinance; 4) hear and consider public comments and 5) set a second hearing for the June 13, 2017 at the regularly scheduled Board of Supervisors Meeting as requested by County Counsel.**

Action: Approved.

Motion:    Move to approve

Move:       Roger Gitlin

Second:    Bob Berkowitz

Vote Yea:       3              Roger Gitlin, Lori Cowan, Bob Berkowitz

Vote Nay:       2              Gerry Hemmingsen, Chris Howard

Vote Abstain: 0             

16. 1) Adopt a Resolution conveying said County Owned Property (Klamath, CA; Klamath Baseball Field); 2) find, based on the reasons stated in this report, that the parcel described herein is surplus and is not necessary for County or other public purposes; 3) authorize the County Administrative Officer to sign in the presence of a notary; the Grant Deed submitted as "Exhibit A" conveying fee title portion to the Yurok Tribe's non-profit Kee Cha A Nar and 4) approve and authorize the Chair to sign the Memorandum of Agreement which allows for the perpetual use of the ball field for public recreational purposes as requested by the County Administrative Officer.**

Action: Approved. RESO#2017-029;DNCOAGREE#2017-056

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             

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. Approve and authorize the Chair to sign and send a letter of support addressed to Chairman Rodney Frelinghuysen of the Appropriations Committee, copying majority Staff Director Nancy Fox, Minority staff Director Shalanda Young and also Congressman Huffman asking for a hearing on H.R. 2344 regarding The Crab Emergency Disaster Assistance Act of 2017 as requested by the Board of Supervisors.**

Action: Approved. Supervisor Hemmingsen recused himself due to conflict of interest. Supervisor Berkowitz requested to add an additional comment to the letter stating a request for the committee to hold Public Hearings on the Bill's as soon as possible.

Motion:    Move to approve

Move:       Bob Berkowitz

Second:    Roger Gitlin

Vote Yea:       4              Roger Gitlin, Chris Howard, Lori Cowan, Bob Berkowitz

Vote Nay:       0             

Vote Abstain: 0             

19. Approve and authorize the Chair to sign and send a letter of support addressed to Chairman Rodney Frelinghuysen of the Appropriations Committee, copying majority Staff Director Nancy Fox, Minority staff Director Shalanda Young and also Congressman Huffman asking for a hearing on H.R. 2330 regarding The Yurok Tribe Klamath River Chinook Salmon Emergency Disaster Assistance Act of 2017 as requested by the Board of Supervisors.**

Action:  Approved. Supervisor Berkowitz requested to add an additional comment to the letter stating a request for the committee to hold Public Hearings on the Bill's as soon as possible.

Motion:    Move to approve

Move:       Bob Berkowitz

Second:    Roger Gitlin

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

Vote Nay:       0             

Vote Abstain: 0             

·        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, attended the LTCO meeting, attended the CSAC Legislative Conference and attended the LAFCO meeting.

Supervisor Cowan:  Attended the IGRC meeting, attended the DNSWMA Special meeting, attended Senator McGuire’s No Place like Home Committee meeting, followed up on constituent blight concerns with the Code Enforcement officer and Director of CDD, attended the CSAC Legislative Conference, attended a meeting with Senator McGuire regarding homelessness and Last Chance Grade, met with an Assemblymen Wood representative regarding the Wild and Scenic Rivers Bill and other various issues, attended a meeting with a Caltrans representative regarding Last Chance Grade, attended a meeting with the Assistant Director of State Parks, attended the Women’s Leadership Forum Breakfast and attended a meeting with Rachael from Building Healthy Communities.

Supervisor Howard: Attended the Children’s and Families Commission meeting, attended the NCUAQMD meeting, attended the DNSWMA Special meeting, attended a meeting regarding food insecurity in youth, participated in Agenda Review, attended the CSAC Legislative Conference, attended a meeting with Senator McGuire, Assemblymen Wood and other Legislatures regarding numerous issues within Del Norte County and attended the RCD Special meeting.

Supervisor Hemmingsen: Attended the LTCO meeting, attended the Future Facilities Goal Committee meeting, attended Senator McGuire’s No Place like Home Committee meeting and attended the Whale Entanglement Group meeting.

Supervisor Berkowitz:  Attended the CSAC Legislative Conference, attended a meeting with the Deputy State Director for US Senator Harris, attended a meeting with the State Lobbyist Lance on different issues, attended a meeting with the Tolowa Dee-ni’ Nation to discuss items of mutual interest and attended the LAFCO meeting.

 

ADJOURNMENT

 

 

 

Kylie Heriford, Clerk of the Board

County of Del Norte, State of California Date Posted:  May 19, 2017

 

 

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