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, JANUARY 23, 2018

 

 

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; Mike Riese v. County of Del Norte, et al. Case No. CV 12-3723 WHO; William Paul v. Redwood National and State Parks Department et. al CV17-7197; Anticipated litigation 1) significant exposure to litigation pursuant to Govt’ Code 54956.9(d)(2) 2) Initiation of litigation Conference with Legal Counsel pursuant to Govt’ Code 54956.9(d)(4) – three; 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;

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 Lori Cowan, District 2 Supervisor.

·        Introduction of new employees to the Board of Supervisors

Action: Kallie Bower and Jalea Walker-Orcutt/Human Resource Technicians

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

Action: A motion was made by Supervisor Berkowitz with a second by Supervisor Gitlin to defend William Paul v. Redwood National and State Parks Department et. al CV17-7197. The motion was approved by a 5-0 vote.

 

A motion was made by Supervisor Gitlin with a second by Supervisor Berkowitz to initiate litigation. The motion was was approved by a 5-0 vote.

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. Conduct a Public Hearing to provide the public with an opportunity to hear and comment on the Close Out of the West Park Property Program Income Waiver Project as requested by the County Administrative Officer.**

Action: Approved. Final work product achieved as a result of the West Park Property Program Income Waiver Project.

Motion:    Move to approve

Move:       Roger Gitlin

Second:    Lori Cowan

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

Vote Nay:       0             

Vote Abstain: 0             

3.    10:25 A.M. Review and discuss the Del Norte County Treasurer's Report for quarter ending December 31, 2017.** (Barbara Lopez, Treasurer-Tax Collector)

4.    10:35 A.M. Presentation on the Red Mountain Communication Site Relocation Project Update. (Del Norte County Amateur Radio Joel Wallen/Craig Bradford)

Action: The Board directed staff by Consensus to draft and send a letter in response to the EIR and piggy back off previous letters to CAL OES and the Forest Service specific to the EIR. Add additional comments specific to Camp 6 and the importance of the repeater to our emergency service personnel to get the necessary coverage prior to the January 29, 2018 deadline

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             

5.    Approve and adopt Minutes from the January 09, 2018 Board of Supervisors Meeting.**

Action: Approved.

6.    Approve and adopt a Proclamation in recognition of Dr. Thomas Polidore, M.D. as requested by Chair Howard.**

Action: Approved.

7.    Approve and authorize the Chair to sign the attached Certification Statement regarding the Composition of Local Planning Council for Child Care & Development (LPC) membership as requested by the Del Norte Unified School District Office of Education Coordinator.**

Action: Approved.

8.    Approve and appoint Colleen Luttrell to the Del Norte County Library Board of Trustees with her term ending in November 2020 as requested by the Del Norte County Interim Library Manager.**

Action: Approved.

9.    Approve and adopt a Resolution appointing the members of the Del Norte County Library Board of Trustees for the 2018 year as requested by the Law Library.**

Action: Approved. RESO#2018-004

10. Approve and authorize the selling of the attached list of properties at a public internet auction, which are tax defaulted and subject to the Power of Sell as requested by the Treasurer-Tax Collector.**

Action: Approved.

11. Review and approve the Del Norte County Treasurer's 2018 Statement of Investment Policy and adopt a Resolution delegating Investment Authority to the County Treasurer as requested by the Treasurer-Tax Collector.**

Action: Approved. RESO#2018-005

12. Approve and authorize the Chair to sign an Agreement with M.E.N.D/W.E.N.D. for Parenting Education Services as requested by the Chief Probation Officer.**

Action: Approved. DNCOAGREE#2018-009

13. 1) Approve and authorize a Notice and Invitation to Bid for Smith River Community Hall Accessibility Upgrade Project and 2) authorize the County Administrative Officer to enter into an Agreement and any Amendments between the County of Del Norte and chosen Contractor as requested by the County Administrative Officer.**

Action: Approved.

14. Approve and authorize the Chair to sign the Agreement for Blood Draw Services between Sutter Coast Hospital and Del Norte County as requested by the District Attorney.**

Action: Approved. DNCOAGREE#2018-010

15. Approve and authorize the Chair to sign the Agreement with Axon Enterprises, Inc. and the District Attorney's office to provide access for the District Attorney employees to Evidence.com which is the web platform that the Del Norte County Sheriff's Office use as requested by the District Attorney.**

Action: Approved. DNCOAGREE#2018-011

BUDGET TRANSFERS

16. Approve and adopt Budget Transfer #01-08 in the amount of $30,000.00 within the OES Budget to move allocated funds from a Fixed Asset account to a Contribution to Outside Agency account for a Sewer Inspection Camera as requested by the Assistant County Administrative Officer.**

Action: Approved. BT#01-08

Motion:    Move to approve

Move:       Roger Gitlin

Second:    Lori Cowan

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

Vote Nay:       0             

Vote Abstain: 0             

17. Approve and adopt Budget Transfer #01-09 in the amount of $170,115.00 within the Roads Budget to pay for the replacement cost of Loader equipment as requested by the Director of the Community Development Department.**

Action: Approved. BT#01-09

Motion:    Move to approve

Move:       Roger Gitlin

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:

18. Approve and authorize the chair to sign the attached letter commenting on the draft Statewide Elk Management Plan prepared by the California Department of Fish and Wildlife as requested by the Natural Resources Goal Committee.**

Action: Approved. Supervisor Hemmingsen requested to include in the letter a 30 day extension

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             

19. 1) Vote to waive a full reading of the Ordinance extending the ban on commercial cannabis activity by a 3/5 vote and 2) approve and adopt the Ordinance extending the interim ban on commercial cannabis activity by a 4/5 vote as requested by County Counsel.**

Action: Part 1) Approved to waive the full reading of the Ordinance extending the ban on commercial cannabis activity with a motion by Supervisor Hemmingsen and a Second by Supervisor Cowan 5-0 vote . (Yes: Supervisor Cowan, Gitlin, Howard, Hemmingsen, Berkowitz.) Part 2) Not approved to adopt the Ordinance extending the interim ban on commercial cannabis activity. (Yes: Supervisor Cowan, Howard, Hemmingsen No: Supervisor Gitlin, Berkowitz).Supervisor Gitlin made a motion with a second by Supervisor Berkowitz to direct the Cannabis Working Group to present to the Board in regular or special session within 30-45 days and Ordinance regulating the 6 marijuana plants, an Ordinance regulating the cultivation and distribution of recreational marijuana within the County within 60-75 days and also bring to the Board an Ordinance regulating the use of medical marijuana within 60-75 days. Due to the item not being properly agendized under the Brown Act no further action was taken on Supervisor Gitlin's motion.  The Chair directed staff to proceed with drafting a regular Ordinance reflecting a ban on cannabis commercial activity and the Cannabis Working Group to continue as planned.

20. Approve the 2018 Board of Supervisors Appointment List as requested by Chair Howard.**

Action: Approve as drafted by the Chair. Supervisor Gitlin requested to bow out of the Local Transportation Commission (LTCO) and sit on the City/County 2x2 instead but it wasn't approved. Note: Supervisor Berkowitz stated he was not willing to serve on the following Committees: Indian Gaming Local Benefit Committee, IGRC, Local Transportation Commission (LTCO), Mental Health Advisory Board, Redwood Coast Transit Authority (RCTA), Elk Valley Rancheria 2x2, Future Facilities Goal Committee and the Automation/Information Systems Goal Committee.

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             

LEGISLATIVE AND BUDGET ISSUES:

21. 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.

22. Approve and authorize the Chair to sign and send a letter addressed to Senator McGuire in support of designating a portion of Highway 101 in memorial of Harold Del Ponte as requested by the Board of Supervisors.**

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             

23. Approve and authorize the Chair to sign and send a letter addressed to Senator McGuire, Assemblyman Wood and the California Department of Transportation District 1 Director requesting the re-naming of the "Congressman Don Clausen Highway" to the "Congressman Don Clausen Memorial Highway" as requested by the Board of Supervisors.**

Action: Approved.

Motion:      Move to approve

Move:        Bob Berkowitz

Second:     Roger Gitlin

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

Vote Nay:         2              Gerry Hemmingsen, Chris Howard

Vote Abstain:   0             

24. Discuss a possible increase on Transient Occupancy Tax (TOT) to benefit the Crescent City Harbor as requested by the Crescent City Harbor District.

 

COMMITTEE/ACTIVITY REPORTS:

25. 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.

Supervisor Gitlin: Attended LAFCO, dealt with a constituent call regarding the crosswalk by the senior center and met with administration with businesses on both sides of the crosswalk to discuss, attended the annual Chamber of Commerce dinner, attended RCTA meeting, attended the CAL OES Presentation on Red Mountain Communication Site Relocation, attended the LTCO meeting and attended the local Cannabis Expo.

Supervisor Cowan: Attended the Juvenile Justice meeting, attended a meeting with constituents regarding the Pebble Beach access project, attended the DNSWMA meeting, attended the RCTA meeting and attended the annual Chamber of Commerce Dinner.

Supervisor Howard: Participated in Agenda review for DNSWMA, attended a meeting at the North Cost Unified Air Quality Management District regarding Red Mountain Communication Site Relocation, attended a meeting with Craig Bradford (Big Rock Community Services District), helped out taking some photos for the group that’s travelling to Japan for the Sister City project, attended the True North MLK day event, attended the Natural Resources Goal Committee meeting, participated in follow up calls with the Regional Water Control Board, attended the LTCO meeting, attended the TOC Meeting, attended meetings with staff regarding the cleanup of the pink hotel on Fred Haight DR., participated in a discussion with Vanda Riechlin regarding her costs with the cleanup efforts of the pink hotel, participated in Agenda review, attended the RCD meeting, attended the CSAC meeting, participated in a conference call with the representative of the Tuolumne County Me-Wuk Indian tribe, participated in a meeting with Kevin Hendricks from the Democratic Central Committee, participated in numerous discussions with constituents regarding the current film that’s taking place in the community and attended the annual Chamber of Commerce dinner.

Supervisor Hemmingsen: Attended the LTCO meeting, attended a few different meetings regarding progress on Pacific Shores, attended the Natural Resources Goal Committee meeting, attended the RCRC meeting and attended the North Coast Resource Partnership meeting.

Supervisor Berkowitz: Participated in the NACO Teleconference, attended the Martin Luther King Jr. Celebration held at the Methodist Church, attended different meetings with constituents regarding cannabis, attended the Local Cannabis Expo and attended the annual Chamber of Commerce Dinner.

 

ADJOURNMENT
(Next Meeting is February 13, 2018)

 

 

 

Kylie Heriford, Clerk of the Board

County of Del Norte, State of California
Date Posted:  January 19, 2018

 

 

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