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, DECEMBER 11, 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; Kane County v. US Case Nos. 17-739C and 17-1991C; 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 Unrepresented employees: Appointed Department Heads, Elected Department Heads, Assistant Department Heads, Confidential Employees; Public Employee Evaluation: Director of Health and Human Services, County Counsel, Director of Information Technology.

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 Lonnie Reyman, Chief Probation Officer.

·        Introduction of new employees to the Board of Supervisors

Action: Building Maintenance- Shanna Harris/Custodian; Sherriff’s Office- Tyler Frazee/Correctional Officer, Taylor Cervantez/Deputy, Elizabeth Edwards/Dispatcher, Devyn Poole/Correctional Technician, Jason Wright/Correctional Officer.

·        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: With a motion by Supervisor Hemmingsen and a Second by Supervisor Berkowitz the Board added the item requesting to authorize the temporary closure of First Street in Smith River from Smith River Elementary to Sarina Road on Friday December 14, 2018 as requested by the Assistant County Engineer. (Yes: Supervisor Cowan, Gitlin, Howard, Hemmingsen, Berkowitz No: None)

 

CONSENT AGENDA

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

Action: Approved. The County Administrative Officer requested to pull item #4 for a correction, the Director of Health and Human Services requested to pull item #14 off the Agenda due to the applicant withdrawing their application, Supervisor Gitlin pulled item #15 for further discussion, Supervisor Berkowitz recused himself from item #12 and the Board later discussed agendizing item #11 for the January 08, 2019 meeting.

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 the Minutes from the November 13, 2018 Board of Supervisors Meeting.**

Action: Approved.

2.    Approve and adopt a Proclamation honoring Fire Chief Steve Wakefield for his years of service to Del Norte County as requested by Chair Howard.**

Action: Approved.

3.    Approve and adopt the Memorandum of Understanding with the Service Employees International Union (SEIU) Local 2015, which shall be effective upon approval form the IHSS Public Authority Governing Board  and SEIU Local 2015 member's ratification of this agreement as requested by the Director of Health and Human Services and the County Administrative Officer.**

Action: Approved. DNCOAGREE#2018-172

4.    Approve and adopt the Memorandum of Understanding between the County of Del Norte and the Del Norte County Employees Association/SEIU Local 1021 (DNCEA/SEIU) effective September 01, 2018, to coincide with the expiration of the previous agreement as requested by the County Administrative Officer.**

Action: Approved with the correction to the updated Salary Schedule that will be integrated in the MOU. The County Administrative Officer requested to pull this item for correction. DNCOAGREE#2018-173

5.    Approve the Classification Description for the District Attorney Investigative Assistant I/II and direct Human Resources to amend the adopted staffing chart as appropriate to eliminate one (1) of the two (2) District Attorney Investigator positions and establish one (1) position for the Investigative Assistant as requested by the County Administrative Officer.**

Action: Approved.

6.    Approve and authorize the Registrar of Voters to sign the attached Agreement between the California Secretary of State and Del Norte County regarding the Help America Vote Act (HAVA) Polling Place Accessibility Training Program as requested by the Del Norte County Registrar of Voters.**

Action: Approved. DNCOAGREE#2018-174

7.    Approve and adopt the Statement of Votes cast at the November 06, 2018 General Election and lodge a copy in the office of the County Clerk/Registrar of Voters per Elections Code 15372 as requested by the Del Norte County Registrar of Voters.**

Action: Approved.

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

Action: Approved. DNCOAGREE#2018-175

9.    Approve and authorize the Chair to sign the Product and Service Schedule with SCRAM Systems for Electronic and GPS monitoring as requested by the Chief Probation Officer.**

Action: Approved. DNCOAGREE#2018-176

10. Approve and authorize the Chair to sign the Certification Statement Regarding the Composition of Local Planning Council for Child Care and Development (LPC) Membership as requested by Local Planning Council Coordinator.**

Action: Approved.

11. Approve and appoint Supervisor Howard as the Delegate and the Director of the Solid Waste Management Authority Tedd Ward as the Alternate to the Environmental Services Joint Powers Authority Board of Directors for the 2019 year.**

Action: Approved. The Board later discussed agendizing it for January 08, 2019.

12. Approve and authorize the contract Amendment resulting in an extension and rate increase with Del Norte Ambulance commencing December 11, 2018 with a termination date of June 30, 2027 as requested by the County Administrative Officer.**

Action: Approved. Supervisor Berkowitz recused himself from this item. DNCOAGREE#2018-177

Motion:    Move to approve

Move:       Roger Gitlin

Second:    Lori Cowan

Vote Yea:       4              Gerry Hemmingsen, Roger Gitlin, Chris Howard, Lori Cowan

Vote Nay:       0             

Vote Abstain: 0             

13. Approve and authorize the Chair to sign an Agreement with Willow Glen Care Center, Yuba City, CA to provide Mental Health Rehabilitation Services at their facility known as Sequoia Psychiatric Treatment Center for the period July 01, 2018 to June 30, 2019, not to exceed $200,000.00 as requested by the Director of Health and Human Services.**

Action: Approved. DNCOAGREE#2018-178

14. Approve and authorize the Department of Health and Human Services, Public Health Branch (PHB), to hire a highly qualified new employee as the Sr. Certified Public Health Nurse starting at Step B as requested by the Director of Health and Human Services.**

Action: This item was pulled off the Agenda due to the applicant withdrawing their application.

15. Approve and authorize the Chair to sign the Lease Termination Agreement with Matthew S. Fearing ("Fearing"), an individual doing business as Front Street Plaza, LLC, for Alcohol and Other Drug Programs ("AOD") facility located at 1269 2nd Street, Suite C, Crescent City, CA., effective January 31, 2019 as requested by the Director of Health and Human Services.**

Action: This item was tabled for the January 08, 2019 meeting. Supervisor Gitlin pulled this item for further discussion. Supervisor Hemmingsen recused himself from this item.

16. Approve and authorize the Chair to sign the Agreement with American Star Security Corporation of Eureka, CA for the period July 01, 2018 through June 30, 2019, not to exceed $30,000.00 as requested by the Director of Health and Human Services.**

Action: Approved. DNCOAGREE#2018-180

17. Approve and authorize the Chair to sign the Agreement with Janet Schwertscharf, LCSW for clinical license supervision services for the period January 01, 2019 through June 30, 2020, not to exceed $13,000.00 per fiscal year as requested by the Director of Health and Human Services.**

Action: Approved. DNCOAGREE#2018-181

18. Approve and authorize the County Administrative Officer to sign the Agreement between the County of Del Norte and Heather Holt for creation of a Mass Care and Shelter Plan for the Del Norte County Operational Area as requested by the County Administrative Officer.**

Action: Approved. DNCOAGREE#2018-182

19. Reclassify the existing Probation Technician I/II/III positions (3) in the Probation Department to Legal Clerk I/II and Legal Clerk III as requested by the Chief Probation Officer.**

Action: Approved.

20. Approve a volunteer work group request from Take a Bite out of Blight of Crescent City, California to lead a volunteer effort cleanup Assessor Parcel Number 116-270-91, a County owned property subject to the four (4) conditions listed in the subject Board Report as requested by the Director of the Community Development Department.**

Action: Approved.

21. Approve the updated Correctional Sergeant Job Description to update language cleanup, adjustment of qualifications and updates to technological duties as requested by the Sheriff-Coroner.**

Action: Approved.

22. Approve by unanimous vote the Del Norte Resource Conservation District's request to replace the annual audit required by Government Code 26909 with an audit covering a five-year period if the special district’s annual revenues do not exceed an amount specified by the board of supervisors as stated in Government Code 26909(b)(2) $150,000.00 as the amount which DNRCD's revenues must not exceed in order to qualify as requested by the Resource Conservation District.**

Action: Approved.

SCHEDULED ITEMS

23. 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.

24. 10:15 A.M. Assemblyman Wood Update (Erin Dunn, District Representative)

25. 10:25 A.M. 1) Receive an update on the Department of Health and Human Services and 2) approve and adopt a Resolution to Integrate the Del Norte Department of Health and Human Services Alcohol and Other Drugs and Mental Health branches into one branch to be known as Behavioral Health as of January 2019 as requested by the Director of Health and Human Services.**

Action: Approved. RESO#2018-036

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             

26. 10:35 A.M. Smoke-Free Multi-Unit Housing Presentation (Coalition for a Tobacco Free Del Norte, Denise Doyle-Schnacker)

 

REGULAR ITEMS

GENERAL GOVERNMENT:

27. Approve and authorize by a 4/5 vote, the County Administrative Officer to enter into an emergency contract with Infinity Abatement Services for the abatement, demolition and cleanup of outbuildings located at 2650 West Washington Blvd. (Agriculture Department) based on emergency basis in accordance with §22035 and §22050(a) of the California Uniform Public Construction Cost Accounting Act and make a finding, based on substantial evidence, that the emergency will not permit a delay resulting from a competitive solicitation for bids and that this action is necessary to respond to the emergency as requested by the County Administrative Officer.**

Action: Approved. DNCOAGREE#2018-183

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             

28. Approve and authorize the Chair to sign an Agreement between the County of Del Norte Recreation Department and the City of Crescent City to provide assistance for registration,  organization, planning and staffing of the City Swim Camp for the youth of Del Norte County as requested by the Recreation Program Coordinator.**

Action: Approved. DNCOAGREE#2018-184

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             

29. 1.) Approve and adopt the following ordinances: A. An ordinance establishing regulations for commercial cannabis cultivation within the coastal zone; and B. An ordinance establishing regulations for commercial cannabis cultivation outside the coastal zone; and 2.) Direct the Clerk of the Board to publish a summary of the Ordinances within 15 days as requested by County Counsel.

Action: Approved. A) ORDINANCE #2018-012 B) ORDINANCE #2018-013

Motion:    Move to approve

Move:       Lori Cowan

Second:    Gerry Hemmingsen

Vote Yea:       4              Gerry Hemmingsen, Chris Howard, Lori Cowan, Bob Berkowitz

Vote Nay:       1              Roger Gitlin

Vote Abstain: 0             

30. Approve and adopt a Resolution to set tax rates for Cannabis retail and manufacturing within the ranges approved by the voters in Measure B as requested by County Counsel.**

Action: Approved with the retail rate set at 6% and the manufacturing rate set at 3%. RESO#2018-037 Supervisor Hemmingsen made a motion to set the retail rate at 5% and the manufacturing rate at 2% but it did not receive a second.

Motion:    Move to approve

Move:       Roger Gitlin

Second:    Lori Cowan

Vote Yea:       4              Gerry Hemmingsen, Roger Gitlin, Lori Cowan, Bob Berkowitz

Vote Nay:       1              Chris Howard

Vote Abstain: 0             

31. Direction to staff regarding outdoor cannabis cultivation and nursery Ordinance as requested by County Counsel.

Action: The Board directed staff by consensus to continue with the process.

32. Approve and adopt Resolution number 2018-035, entitled, A Resolution of Intention to approve an Amendment to contract between the Board of Administration California Public Employees' Retirement System and the Board of Supervisors County of Del Norte as requested by the County Administrative Officer.**

Action: Approved. RESO#2018-035

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             

33. 1) Introduce an Uncodified Ordinance of the Del Norte County Board of Supervisors authorizing an Amendment to the Contract between the County of Del Norte and the Board of Administration of the California Public Employee's Retirement System; 2) waive full the full reading; and 3) set a hearing to adopt said Ordinance as requested by the County Administrative Officer.**

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             

34. 1) Introduce by title only: An Ordinance Regulating Shopping Carts; 2) Waive further reading; 3) Set a hearing to adopt the Ordinance; and 4) Designate County Counsel to prepare a summary of the Ordinance for publication as requested by County Counsel.**

Action: Approved.

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Lori Cowan

Vote Yea:       4              Gerry Hemmingsen, Chris Howard, Lori Cowan, Bob Berkowitz

Vote Nay:       1              Roger Gitlin

Vote Abstain: 0             

35. Review, discuss, and provide possible direction to staff regarding County's reactions since the 9th Circuit Court of Appeals decision in Martin v. Boise (civil rights case brought by homeless plaintiffs) as requested by Chair Howard.

Action: The Board directed staff by consensus to review our local Ordinances that relate to the 9th District ruling.

36. Review and discuss the proposal to create a committee supported by staff to maintain the City of Crescent City and County of Del Norte's Sister City relationship with Rikuzentakata, Japan as requested by Chair Howard.**

Action: Approved with Supervisor Howard and Supervisor Cowan appointed to the Committee.

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Lori Cowan

Vote Yea:       4              Gerry Hemmingsen, Chris Howard, Lori Cowan, Bob Berkowitz

Vote Nay:       1              Roger Gitlin

Vote Abstain: 0             

37. Approve and authorize the temporary closure of First Street in Smith River from Smith River Elementary to Sarina Road on Friday December 14, 2018 as requested by the Assistant County Engineer.**

Action: Approved. This item was added as an urgency item.

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             

 

BUDGET TRANSFERS:

38. Approve and adopt Budget Transfer #11-04 in the amount of $19,870.00 within the Capital Improvement Budget to cover the costs associated with the grease trap replacement project at Juvenile Hall as requested by the Assistant County Administrative Officer.**

Action: Approved. BT#11-04

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             

39. Approve and adopt Budget Transfer #12-01 in the amount of $95,200.00 within the Roads Division Budget Unit to pay a contractor for work performed on Bess Maxwell SRTS Project-Additive Alternative 2-West Harding Avenue Sidewalk and Striping as requested by the Director of the Community Development Department.**

Action: Approved. BT#12-01

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             

40. Approve and adopt Budget Transfer #12-02 in the amount of $17,385.00 within the Roads Division Budget Unit to add Rural Planning Assistance and Planning, Programming and Monitoring funds allocated by the Del Norte Local Transportation Commission as requested by the Director of the Community Development Department.**

Action: Approved. BT#12-02

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             

41. Approve and adopt Budget Transfer #12-03 in the amount of $370,000.00 within in the Roads Division Budget Unit to pay a 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. BT#12-03

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             

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.

42. Approve and authorize staff to draft a letter addressed to Senator McGuire urging members of our congress to include the Secure Rural Schools (SRS) program for an additional year (FY 2019) as requested by Chair Howard.**

Action: Approved. The Board directed staff to address the letter to Congressman Huffman, Senator Harris, Senator Feinstein, Congressman DeFazio, Congresswoman Pelosi and Congressman LaMalfa.

Motion:      Move to approve

Move:        Bob Berkowitz

Second:     Gerry Hemmingsen

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

Vote Nay:         0             

Vote Abstain:   0             

43. Approve and authorize the Chair to sign and send a letter opposing the proposed listing of the Upper River Klamath-Trinity Rivers Basin Spring Chinook Salmon as petitioned by the Karuk Tribe and Salmon River Restoration Council as requested by Chair Howard.**

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             

COMMITTEE/ACTIVITY REPORTS:

44. 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 deferred his report and gave it to the Clerk of the Board of Supervisors so the public can get a copy of it if needed and excused himself from the meeting prior to adjournment.

Supervisor Cowan: Attended DNSWMA, attended the Last Chance Grade Stakeholder workshop, attended the Juvenile Justice meeting, attended the 2018 annual CSAC Conference, attended the Mental Health Board meeting, attended the Republican Women’s Luncheon, attended the BCRAA meeting, attended a meeting with Japanese Host Families, attended the 1st Annual Sheriff’s Banquet and also attended a luncheon with the Sutter Coast Hospital and the Superintendent of Schools regarding the RN Program, health career pathways and other opportunities.

Supervisor Howard: Attended a meeting with RCD regarding the audit, attended the North Coast Water Quality Control Board meeting, attended the 2018 annual CSAC Conference, attended the LTCO meeting, attended a meeting with the Director of the North Coast Water Quality Control Board, participated in a Skype call with the Japanese Delegation regarding the upcoming Japanese visit, attended the 1st Annual Sheriff’s Banquet, attended the Port O Pints Chamber Mixer, participated in several conference calls with Assemblyman Wood’s Chief of Staff regarding health and participated in discussions regarding the Spring Chinook Salmon letter. Chair Howard requested by consensus direction to staff to look into a Cannabis tax on Federal lands MOU with Elk Valley Rancheria and also an MOU regarding response on Tribal Lands with the Department of Agriculture regarding animal control.

Supervisor Hemmingsen: Attended the Last Chance Grade Stakeholders workshop, attended the 2018 annual CSAC Conference, Co-Chaired the Coastal Counties meeting, wrote a letter of appreciation to local Eagle Scout Morgan Perry, attended the RCRC meeting, attended the Smith River Collaborative meeting, attended the BCRAA meeting and also attended the 1st Annual Sheriff’s Banquet.

Supervisor Berkowitz:  Participated in a conference call with the Environmental Protection Agency, attended the Chamber of Commerce meeting, attended the 2018 annual CSAC Conference, attended a meeting with the parent/teacher organization and principal of Margaret Keating School, attended the 1st Annual Sheriff Banquet and attended the LTCO meeting.

 

ADJOURNMENT (Next Meeting is January 08, 2019)

 

Kylie Heriford, Clerk of the Board

County of Del Norte, State of California              Date Posted:   December 6, 2018

 

 

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