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, JUNE 12, 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) Big Rock Community Services District v. Peeples et al. CVUJ 2016-1338; County of Del Norte v. Amerisourcebergen Drug Corporation et. al CAE/1:18-cv-02732; Thomas Lopthien v. Del Norte County CICL2018-2067; Anticipated litigation 1) significant exposure to litigation pursuant to Govt’ Code 54956.9(d)(2)-none 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) Conference with Labor Negotiators pursuant to Government Code 54957.6 between County Negotiator: Jay Sarina, CAO and Employee Organization: Del Norte County Employees’ Association; SEIU 2015 In-Home Support Services negotiation and SEIU 1021;

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 Bob Berkowitz, District 5 Supervisor.

·        Introduction of new employees to the Board of Supervisors

Action: None.

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

Action: On a motion by Supervisor Berkowitz and a second by Supervisor Hemmingsen with a 5-0 vote the Board voted to defend the Lopthien vs. Del Norte County case with staff to defend in small claims court.

·        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.

 

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 #2 and item #15 for further discussion and Supervisor Hemmingsen pulled item #18 for further discussion and recused himself from item #23 due to conflict of interest.

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             

1.    Approve and adopt Minutes from the May 22, 2018 Board of Supervisors meeting.**

Action: Approved.

2.    Approve and adopt a proclamation proclaiming June 2018 as Immigrant Heritage Month.**

Action: Not Approved. Supervisor Gitlin pulled this item for further discussion. The item died due to lack of a motion. There was a second motion on the table by Supervisor Gitlin to add the word "legal" to the Proclamation but that died due to lack of a second.

3.    1) Approve the re-appointment of Lonnie Reyman, Chief Probation Officer as a County-designated representative to the First 5 Children and Families Commission; 2) appoint Pa Xiong, Executive Director of the Hmong Community Center and ESL Facilitator at Crescent Elk Middle School as a community-based organization and local school district to the First 5 Children and Families Commission and 3) appoint Cynthia Barcelo, Latino Health Coordinator/Promotor at Del Norte Community Health Center as an alternate Commissioner to the First 5 Children and Families Commission as requested by the Executive Director of the First 5 Families Commission.**

Action: Approved.

4.    Approve the job description for the Probation Technician I/II/III position within the Probation department as requested by the Chief Probation Officer.**

Action: Approved.

5.    Approve the revised salary range for the Assistant District Attorney salary at range 72 reflecting the current County salary structure for Assistant Department Heads as requested by the County Administrative Officer.**

Action: Approved.

6.    Approve and authorize the Chair to sign the Fifth Amendment to the Agreement with George Mavris, Attorney at Law (Agreement #2013-038) for Public Defender Services for Pelican Bay State Prison Inmates as requested by the County Administrative Officer.**

Action: Approved. DNCOAGREE#2018-065

7.    Approve and authorize the Chair to sign the Fifth Amendment to the Agreement with James Fallman, Attorney at Law (Agreement #2013-039) for Public Defender Services for Pelican Bay State Prison Inmates as requested by the County Administrative Officer.**

Action: Approved. DNCOAGREE#2018-066

8.    Approve and adopt a Resolution authorizing the County Administrative Officer to sign the Petroleum Agreement with the California Department of Food and Agriculture, Division of Measurement Standards as requested by the Weights and Measures Inspector IV.**

Action: Approved. RESO#2018-014; DNCOAGREE#2018-067

9.    Approve and authorize the County Administrative Officer to sign the First Amendment to the Sub-recipient Agreement between the County of Del Norte and Del Norte Senior Center for the Community Development Block Grant Funded Senior Nutritional Meals Service Program as requested by the County Administrative Officer.**

Action: Approved. DNCOAGREE#2018-068

10. Approve and authorize the Chair to sign the 2018/19 Megabyte Property Tax System Maintenance Agreement as requested by the Treasurer-Tax Collector.**

Action: Approved. DNCOAGREE#2018-069

11. Approve and authorize the Chair to sign the First Amendment to the Agreement Casa Serenity, LLC, Red Bluff (Agreement #2017-063) to provide Adult Residential Care Services for the period April 01, 2017 to June 30, 2018, not to exceed $82,000.00 as requested by the Director of Health and Human Services.**

Action: Approved. DNCOAGREE#2018-070

12. Approve and authorize the Chair to sign the Agreement with Community Recovery Resources for residential substance abuse services for July 01, 2017 through June 30, 2018, not to exceed $20,000.00 as requested by the Director of Health and Human Services.**

Action: Approved. DNCOAGREE#2018-071

13. Approve and authorize the Chair to sign the First Amendment to the Agreement #2017-135 (FY 2017-18) with HASP Clean and Sober Living to provide clean and sober residential services from July 01, 2017 through June 30, 2018 not to exceed $58,000.00 as requested by the Director of Health and Human Services.**

Action: Approved. DNCOAGREE#2018-072

14. Approve and authorize the Chair to sign an Agreement with Davis Guest Home, Inc., Modesto, CA. for Augmented Adult Mental Health Residential Support Services for the period July 01, 2018 through June 30, 2019, not to exceed $175,000.00 as requested by the Director of Health and Human Services.**

Action: Approved. DNCOAGREE#2018-073

15. Approve and authorize  the Smith River Alliance to List the County of Del Norte as a partner in a California Coastal Conservancy Proposition 1 Grant Application for an Elk Creek Feasibility Study as requested by the Director of the Community Development Department.**

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

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             

16. Approve the attached 3 year contract extension with Harshwal and Company for auditing services to cover the mandated independent audit for fiscal years ending in June 2018, June 2019 and June 2020 as requested by the Auditor-Controller.**

Action: Approved. DNCOAGREE#2018-074

17. Approve and accept the Independent Audit performed by Patel and Associates for the fiscal year ending in June 30, 2017 as requested by the Auditor-Controller.**

Action: Approved.

18. Approve and appoint Supervisor Berkowitz as a voting Delegate and Supervisor Cowan as a voting Alternate for the 2018 National Association of Counties Voting Credentials.**

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

Motion:    Move to approve

Move:       Roger Gitlin

Second:    Bob Berkowitz

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

Vote Nay:       1              Gerry Hemmingsen

Vote Abstain: 0             

19. Approve and authorize the Chair to sign the California Conservation Corps Project Evaluation and Agreement Addendum for fuels reduction work related to the County's National Fish and Wildlife Foundation's Pacific Southwest Fuel Management Partnership Grant as requested by the Director of the Community Development Department.**

Action: Approved. DNCOAGREE#2018-075

20. Review and approve the attached Resolution adopting the "2018 Del Norte County OHV Facilities Plan" as requested by the Assistant Director of Community Development Department.**

Action: Approved. RESO#2018-015

21. Approve and authorize the Chair to sign the Agreement for Professional Services for the Regional Systemic Safety Analysis Report upon approval of the LAPM Exhibit 10-C by Caltrans as requested by the Assistant Engineer.**

Action: Approved. DNCOAGREE#2018-076

22. 1) Approve the additional "Big Flat Road at Hurdygurdy Creek Bridge Replacement Project" costs not to exceed $363,361.71 and authorize payment in accordance with the contract and 2) authorize the County Engineer to execute the attached Change Order as requested by the Assistant Engineer**

Action: Approved.

23. 1) Award the construction contract for Bid Scenario 4 of the Bess Maxwell SRTS Project to Tidewater Contractors, Inc.; 2) authorize the County Engineer to sign change orders; 3) direct staff to request funds for Additive Alternative 2 from the Del Norte Local Transportation Commission and 4) authorize the County Engineer to execute a change order for Alternative 2 if funded by the Del Norte Local Transportation Commission as requested by the Assistant Engineer.**

Action: Approved. DNCOAGREE#2018-077 Supervisor Hemmingsen recused himself due to conflict of interest.

Motion:    Move to approve

Move:       Roger Gitlin

Second:    Lori Cowan

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

Vote Nay:       0             

Vote Abstain: 0             

24. Approve and authorize the District Attorney to submit an Application to the California Office of Emergency Services for the Violence Against Women Vertical Prosecution (VV) Program 2018-2019 and 2) approve and adopt a Resolution for the Continuing Implementation of this program within the District Attorney's Office as requested by the Interim District Attorney.**

Action: Approved. RESO#2018-016

SCHEDULED ITEMS

25. 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.

26. 10:10 A.M. Introduction of the new District Ranger in the Six Rivers National Forest, Smith River National Recreation Area (Jeffrey Marszal, District Ranger)

27. 10:20 A.M. Partnership Health Plan Presentation (Wendi West, Northern Region Executive Director)

28. 10:30 A.M. Approve and adopt the proposed Resolution amending the General Plan land use designation on APN 110-032-42 as requested by the Community Development Department Planner I.**

Action: Approved. RESO#2018-017 Supervisor Hemmingsen recused himself due to a conflict of interest.

Motion:    Move to approve

Move:       Roger Gitlin

Second:    Bob Berkowitz

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

Vote Nay:       0             

Vote Abstain: 0             

29. 10:40 A.M. Cannabis Working Group Update (Jesse Davis, Vice-Chair)

 

REGULAR ITEMS

GENERAL GOVERNMENT:

30. Approve and authorize the Chair to sign the Letter of Understanding and Conservation Camp Program Project Request and Record with the California Department of Forestry and Fire Protection Services for Conservation Camp Program Services needed to carry out a portion of the Six Rivers Gasquet Community Fuels Reduction Project sponsored by the National Fish and Wildlife Foundation 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             

31. Approve and authorize the Chair to sign and send a letter of concern regarding proposals to revise and reduce wildfire liabilities and responsible parties as requested by Chair Howard.**

Action: Approved.

Motion:    Move to approve

Move:       Lori Cowan

Second:    Bob Berkowitz

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

Vote Nay:       0             

Vote Abstain: 0             

32. Approve and authorize chair to sign attached letter requesting assistance from Senator McGuire and Assemblyman Wood related to concerns with release of Department of Water Resources SGMA draft basin prioritization as requested by the Natural Resources Goal Committee.**

Action: Approved.

Motion:    Move to approve

Move:       Lori Cowan

Second:    Bob Berkowitz

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

Vote Nay:       0             

Vote Abstain: 0             

33. 1) Approve the proposed Personal Cultivation Ordinance by a 3/5 vote and 2) direct the Clerk of the Board to publish a summary of the Ordinance within 15 days as requested by County Counsel.**

Action: Approved. ORDINANCE#2018-006

Motion:    Move to approve

Move:       Lori Cowan

Second:    Bob Berkowitz

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

Vote Nay:       0             

Vote Abstain: 0             

34. Approve the attached Resolution and Ordinance amending the zoning and land use from TPZ and Timberland to RR-3 (Rural Residential, 3-acre minimum parcel size) and Rural Residential (one unit per 3-acres) upon a ±46-acre portion of APN 105-020-40 with the remaining acreage (±213-acres) retaining the TBR and TPZ designations as requested by the Assistant Director of the Community Development Department.**

Action: Approved. RESO#2018-012; ORDINANCE #2018-004

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             

35. Approve and authorize the Chair to sign and send a letter regarding the 2018 Triennial Review and Smith River Outstanding National Resource Water (ONRW) status as requested by the Natural Resource 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             

36. Approve and accept the certified results as presented in relation to the Citizen's Initiative to raise the Transient Occupancy Tax (TOT) as required per Election Codes 9115 & take further action as required by Elections Code 9118 as requested by the Del Norte County Registrar of Voters.**

Action: Approved. The Board Chose Option (B) under the Discussion/Summary for staff to proceed. On a second motion by Supervisor Cowan and a second by Supervisor Hemmingsen the Board voted with a 5-0 vote to approve and adopt a Resolution submitting the Citizen's Initiative concerning Transient Occupancy Tax to the Voters RESO#2018-018

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             

 

BUDGET TRANSFERS:

37. Approve and authorize Budget Transfer #06-01 in the budgeted amount of $4,950.00 within the District Attorney budget to pay for the Case Management System yearly fee as requested by the Interim District Attorney.**

Action: Approved. BT#06-01

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:

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.

COMMITTEE/ACTIVITY REPORTS:

38. 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: Supervisor Gitlin excused himself prior to the Supervisor reports for medical reasons.

Supervisor Cowan: Attended the Economic Development Commission meeting, attended the RCTA meeting, attended a meeting with County Staff, Chair Howard and the Humane Society regarding Animal Control and the Dog Pound,  attended two  meetings with Senator McGuire to discuss Last Chance Grade and the No Place Like Home initiative, attended the Cannabis meeting, attended a Last Chance Grade site visit with the State Director of Caltrans, attended a CPR class for local surf classes, attended the Visitor’s Bureau meeting, attended the BCRAA meeting, attended a meeting with concerned constituents regarding homelessness and also attended the Small Counties and Rural Affordable Housing meeting.

Supervisor Howard: Attended a meeting with the Chief Probation officer regarding Juvenile Justice Commission concerns, attended the LTCO meeting, participated in Agenda review, participated in an interview with KFUG Radio, attended a Last Chance Grade site visit with the State Director of Caltrans, participated in local Memorial Day services, attended a meeting with Senator McGuire regarding SGMA, attended a Local Chamber Mixer for Relay for Life, attended a meeting with County Staff, Supervisor Cowan and the Humane Society regarding Animal Control and the Dog Pound, attended the RCD meeting, participated in numerous discussions with CDD Staff regarding Groundwater and attended the Natural Resources Goal Committee meeting.

Supervisor Hemmingsen: Attended the RCD meeting, participated in an interview with KFUG Radio, attended a meeting with Senator McGuire regarding the No Place Like Home initiative, participated in numerous campaign events, participated in local Memorial Day services, attended the North Deal meeting, attended the IHSS Cannabis Forum, attended the Natural Resources Goal Committee meeting, attended the LTCO meeting, participated in the Whale Entanglement conference call, participated in Election Day, attended the local Fair Rodeo Queen activities, attended the BCRAA meeting, attended a meeting with TRUE North to discuss homelessness and also attended a meeting with Wes White regarding the Harbor.

Supervisor Berkowitz: Attended the Economic Development Commission meeting, participated in local Memorial Day services, attended the Health and Wellness Fair, attended a pancake breakfast for Smith River Fire, attended opening day of the Saturday Farmers Market and also attended LAFCO.

 

ADJOURNMENT (Next meeting is June 26, 2018)

 

Kylie Heriford, Clerk of the Board

County of Del Norte, State of California              Date Posted:   June 8, 2018

 

 

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