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, SEPTEMBER 12, 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) Pacific Shores vs. County of Del Norte et. al CVPT 06-1454; Devonie Elmore v. Rite of Passage et. al. CVPT 17-1160; McGahuey v. County of Del Norte CVUJ 16-1174 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) – none; Conference with Labor Negotiators pursuant to Government Code 54957.6 between County Negotiator: Jay Sarina, CAO and Del Norte County Sheriff Employee Association and unrepresented bargaining units; Pursuant to 54957(b)(1) Public Employee Evaluation: Title: Director of Health and Human Services.

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 Roger Gitlin, District 1 Supervisor.

·        Introduction of new employees to the Board of Supervisors

Action: Matthew Hurley, Office Assistant; Mary McQuillen, Legal Clerk; Treasure Cox, Child Support Specialist; Bailey Scott, Child Support Specialist (Child Support Services Office)

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

Action: The case Devonie Elmore v. Rite of Passage et. al. CVPT 17-1160 the Board voted with a 5-0 vote to defend the case with a motion by Supervisor Berkowitz and a second by Supervisor Gitlin.

·        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.

SCHEDULED ITEMS:

1.    10:05 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.    10:15 A.M. 1) Open the public hearing to consider the Recommended Budget and all submitted Special District budgets for the 2017/2018 Fiscal Year and continue the hearing for 14 days; 2) consider and adopt the annual Children's Budget as presented and 3) review and discuss the information provided by the Community Development Department staff relating to the implementation of a revolving fund for the Code Enforcement Program as requested by the County Administrative Officer.**

Action: Approved. Item #26 was requested by Chair Howard to be moved with this item. Supervisor Berkowitz made a motion to fund the Klamath Chamber of Commerce $30,000.00 with measurable objectives (they must see a 15% increase in TOT Tax in order to continue funding) and move it to item #3 on the County Budget Priority List with a Second by Supervisor Gitlin. Supervisor Cowan made a second motion to move the funding for the Klamath Chamber of Commerce TOT Tax funding to #6 on the County Budget Priority List with a second by Supervisor Hemmingsen  which passed with a 3-2 vote Yes: Supervisor Cowan and Hemmingsen, Howard No: Supervisor Gitlin, Berkowitz. The first motion was not voted on due to the passing of the second motion presented by Supervisor Cowan. Supervisor Gitlin requested to lower the County Contingency Fund from $100,000.00 down to $65,000.00 to help fund these requests with a Second by Supervisor Berkowitz. The motion did not pass due to a 2-3 vote Yes: Supervisor Gitlin, Berkowitz No: Supervisor Cowan, Hemmingsen and Howard. Supervisor Gitlin made a motion to add $14, 500 to the budget for Code Enforcement in budget priority position seven with a second by Supervisor Berkowitz. Supervisor Hemmingsen made a second motion to use Lien Payments in a revolving fund for Code Enforcement funding that stays at $14,500.00 or over.  The motion received asecond by Supervisor Cowan which passed with a 3-2 vote Yes: Supervisor Cowan and Hemmingsen, Howard No: Supervisor Gitlin, Berkowitz. The first motion was not voted on due to the passing of the second motion presented by Supervisor Cowan. The Board directed staff to add a Non-County Maintained Road maintenance fund within the Community Development Department Road Maintenance Division with a limit of $25,000.00 for all 5 districts to use at the Board of Supervisors discretion in budget priority position seven with a motion by Supervisor Gitlin and a Second by Supervisor Berkowitz which passed with a 5-0 vote.

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             

3.    10:30 A.M. Adjourn as the Board of Supervisors, reconvene as the Board of Equalization and conduct a Public Hearing for Change of Assessment (Lan Zhang) APN 101-100-03 RY 15/16.**

Action: The Board of Equalization upheld the Assessor’s Value on the application for changed assessment filed on November 04, 2015 due to the applicant’s failure to appear at the hearing.

4.    10:40 A.M. Adjourn as the Board of Equalization, reconvene as the Board of Supervisors and  receive a Recreation Department Update (Kelsey Bozeman, Recreation Coordinator)

5.    5:30 P.M. Reconvene and 1.) Discuss and give direction to staff to formulate a working group regarding proposal of a cannabis ordinance; 2.) discuss and take an advisory vote on options in regard to creating a cannabis ordinance and give direction to staff to tailor work on such ordinance to Board's preferred option and 3.) discuss and take an advisory vote on options in regard to reasonable restrictions on personal cultivation of cannabis.** (Joel-Campbell Blair, County Counsel)

Action: The Board approved with a majority Consensus with Supervisor Gitlin voting no to go with option two for the Commercial Cannabis options and directed staff to get together a Cannabis working group that includes administration staff, the Sheriff, public members and other people from other various County departments.

CONSENT AGENDA

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

Action: Approved. Supervisor Gitlin pulled item #7 for further discussion.

Motion:    Move to approve

Move:       Lori Cowan

Second:    Roger Gitlin

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

Vote Nay:       0             

Vote Abstain: 0             

6.    Approve and adopt Minutes from the August 22, 2017 Board of Supervisors Meeting.**

Action: Approved.

7.    Approve and appoint David Finigan as a public member to the Border Coast Regional Airport Authority Board as requested by the Border Coast Regional Airport Authority Director.**

Action: Approved. Supervisor Gitlin pulled this item for further discussion.

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Lori Cowan

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

Vote Nay:       2              Roger Gitlin, Bob Berkowitz

Vote Abstain: 0             

8.    Approve and adopt the two attached Resolutions expressing appreciation and commendation for the many accomplishments of the Del Norte Association of Cultural Awareness (DNACA) and approving the application and authorizing the execution of a grant contract with DNACA as requested by the Executive Director of the Del Norte Association of Cultural Awareness.**

Action: Approved. RESO#2017-044; #2017-045

9.    Approve and authorize the Chair to sign the Plan of Cooperation between the District Attorney and the Department of Child Support Services of Del Norte County for investigative services as requested by the Director of Child Support Services.**

Action: Approved. DNCOAGREE#2017-120

10. 1) Approve the Del Norte County Mental Health Services Education Incentive Program (EIP) Application in order for DHHS-MH Branch employees to apply for a financial incentive program, funded through Mental Health Services Act dollars, designed to recruit and retain qualified staff in hard to fill positions in Del Norte County DHHS Mental Health Branch and 2) authorize the Director of Health and Human Services or in the Director's absence or in cases of conflict of interest, the Del Norte County Administrative Officer, to accept and sign subsequent agreement and associated documents for recipients who are awarded funding in this program as requested by the Director of Health and Human Services.**

Action: Approved.

11. Approve and authorize the Chair to sign the release of lien dated April 25, 2017 as requested by the Director of Health and Human Services.**

Action: Approved.

12. Approve and authorize the Chair to sign the Maintenance Agreement with the Elk Valley Rancheria for the Humboldt Road Improvement Project in Crescent City, CA. as requested by the Assistant Engineer.**

Action: Approved. DNCOAGREE#2017-124

13. Approve and authorize the Community Development Department Environmental Health Division to apply for California Environmental Protection Agency (CalEPA) Rural Certified Unified Program Agency (CUPA) Support Grant for up to $100,000.00 as requested by the Director of the Community Development Department.**

Action: Approved.

14. Approve and authorize the Chair to sign a Resolution declaring a State of Emergency relating to the hazardous air created by smoke generated by fires in Oregon, Del Norte and Siskiyou Counties as requested by the Office of Emergency Services.**

Action: Approved. RESO#2017-043

15. Approve and authorize the Chair to sign an Agreement between the Del Norte County Sheriff's office and Dr. James Olson for post mortem services as requested by the Sheriff-Coroner.**

Action: Approved. DNCOAGREE#2017-122

16. 1) Approve and authorize the Sheriff to enter into the Equipment Grant #C17L0606 with the State of California, Department of Parks and Recreation, Division of Boating and Waterways and the Del Norte County Sheriff's Office and 2) approve and adopt the Resolution authorizing the Department of Parks and Recreation, Division of Boating and Waterways Law Enforcement Equipment Grant in the amount of $25,000.00 for the 2017/18 Federal Fiscal Year as requested by the Sheriff-Coroner.**

Action: Approved. DNCOAGREE#2017-123; RESO#2017-046

BUDGET TRANSFERS:

17. Approve and adopt Budget Transfer #08-12 in the amount of $252,030.00 within the Public Health budget to insure the most cost effective provision of services for the 16/17 fiscal year as requested by the Director of Health and Human Services.**

Action: Approved. BT#08-12

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             

18. Approve and adopt Budget Transfer #08-13 in the amount of $252,030.00 within the Welfare-Assistance budget due to the increase of the IHSS MOE Base for the 16/17 fiscal year as requested by the Director of Health and Human Services.**

Action: Approved. BT#08-13

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:

19.  Approve and authorize the Chair to sign and send a joint letter of support with the City for Humboldt State University to purchase Radio Bilingue 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             

20. Approve and authorize the Chair to sign and send the attached comment letter related to Congressman Huffman's draft bill known as the "Northern California Conservation and Recreation Act," as requested by the Natural Resources Goal Committee.**

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             

21. Approve and authorize the Chair to sign the attached comment letter requesting Senator Feinstein and Harris to support SB 1731 known as the Forest Management Improvement Act of 2017 as requested by the Natural Resources Goal Committee.**

Action: Approved.

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             

22. Review and discuss two letters of complaint received by the Board of Supervisors on August 03, 2017 and August 23, 2017.**

23. Authorize the temporary closure of County Road 305 (also referred to as Low Divide Road or Wilmer Road) from its intersection with Gasquet Mountain Road to the Oregon State Line from September 12, 2017 until notified by the US Forest Service that the closure is no longer needed for fire suppression purposes as requested by the 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             

LEGISLATIVE AND BUDGET ISSUES:

24. 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.

25. Review and discuss the information provided by the Community Development Department staff regarding the draft list of Local Streets and Road Projects for future fiscal years.**

26. Review and discuss the information provided by the Community Development Department Staff regarding a request adding as a priority for the fiscal year 17/18 budget to fund up to $100,000.00 for maintenance on Non-County Maintained Roads.**

Action: This item was moved to be discussed with the budget item #2

27. 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: Volunteered to help out with people affected by the Chetco Bar fire, attended a series of updates on the Chetco Bar fires, participated in the Cannabis Workshop, attended a meeting with City staff to discuss a possible sidewalk on Cooper Street, participated in Find Your Park activities and dealt with numerous constituent phone calls.

Supervisor Cowan:  Attended a meeting with local Veteran’s regarding homelessness, met with County Counsel regarding Sutter Coast Hospital, participated as a speaker in a Republican Women’s Luncheon, attended the BCRAA meeting, attended a local Chamber Mixer, attended a Republican Farm Fresh dinner, attended a Board preparation meeting and also attended a meeting with the Sheriff, CDD Staff and the Building Maintenance and Parks Superintendent regarding overnight camping.

Supervisor Howard: Attended the Cannabis Workshop, attended the Natural Resources Goal Committee meeting, attended the Tri-Agency meeting, attended a meeting with Dave Lancaster from the Department of Fish and Wildlife, attended a reception at a local art gallery, attended the local CASA event, attended the CSAC meeting, attended a meeting with the Smith River Fire Protection District regarding permitting for a new fire hall in the old Ray’s building, participated in a discussion with Dan Harrison regarding Vets issues and participated in Agenda review.

Supervisor Hemmingsen: Attended the Cannabis meeting, attended the Tri-Agency meeting, attended the Natural Resources Goal Committee meeting, attended the NORTEC meeting, participated in a conference call with Van Scoyoc rep Greg Burns, met with the owners of Trees of Mystery regarding TOT tax, attended the BCRAA meeting, attended a local Chamber Mixer and attended another Natural Resources Goal Committee meeting.

Supervisor Berkowitz:  Attended the Labor Day Klamath BBQ and took a tour of Rumiano Cheese Co.

 

ADJOURNMENT

 

 

 

Kylie Heriford, Clerk of the Board

County of Del Norte, State of California Date Posted:  September 8, 2017

 

 

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