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 8, 2019

 

 

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) Belcher v. Del Norte County et al. Case No. 1:18-cv-7379-RMI; 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; Pursuant to 54957(b)(1) Conference with Labor Negotiators pursuant to Government Code 54957.6 between County Negotiator: Jay Sarina, CAO and Employee Organization: Mid Management Group; and Unrepresented employees: Appointed Department Heads, Elected Department Heads, Assistant Department Heads, Confidential Employees;  Unrepresented Bargaining Units; Public Employee Evaluation: 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 Chris Howard, District 3 Supervisor.

·        Nomination and Election of Chair of the Board of Supervisors.

Action: On a motion by Supervisor Berkowitz and a Second by Supervisor Hemmingsen with a 4-1 vote Supervisor Cowan was nominated as Chair (Yes: Supervisor Howard, Hemmingsen, Cowan, Berkowitz No: Supervisor Gitlin) Supervisor Gitlin made a second motion to nominate Supervisor Berkowitz as Chair but it failed due to lack of a second.

·        Nomination and Election of the Vice-Chair of the Board of Supervisors.

Action: On a motion by Supervisor Howard and a second by Supervisor Cowan with a 4-1 vote (Yes: Supervisor Howard, Cowan, Hemmingsen, Berkowitz No: Supervisor Gitlin) Supervisor Hemmingsen was nominated as Vice-Chair.

·        Introduction of new employees to the Board of Supervisors

Action: Caitlin Goines/Office of Emergency Services Manager.

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

Action: On a motion by Supervisor Hemmingsen and a Second by Supervisor Cowan with a 5-0 vote (Yes: Supervisor Hemmingsen, Cowan, Howard, Berkowitz, Gitlin) No: None) the Board unanimously voted to defend the action of Belcher v. Del Norte County et al. Case No. 1:18-cv-7379-RMI.

·        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.

 

CONSENT AGENDA

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

Action: Approved. Supervisor Hemmingsen recused himself from item #8 due to a conflict of interest. Supervisor Gitlin pulled item #3 and #4 for further discussion.

1.    Approve and adopt the Minutes from the December 11, 2018 Board of Supervisors meeting.**

Action: Approved.

2.    Approve the 2019 Meeting and Holiday Schedule for the Del Norte County Board of Supervisors.**

Action: Approved.

3.    Approve and appoint Supervisor Hemmingsen 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. Supervisor Gitlin pulled this item for further discussion. Supervisor Gitlin made a motion to appoint Supervisor Berkowitz as the delegate but it failed due to lack of a second.

Motion:    Move to approve

Move:       Bob Berkowitz

Second:    Chris Howard

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

Vote Nay:       0             

Vote Abstain: 0             

4.    Approve a step increase for the Director of Health and Human Services to Step D on the Appointed Department Head Biweekly Salary Schedule based on successful evaluation effective on the employment date, and approve advancement to Step F in 2019 and Step H in 2020 subject to successful annual evaluation as directed by the Board of Supervisors.

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

Motion:    Move to approve

Move:       Chris Howard

Second:    Gerry Hemmingsen

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

Vote Nay:       1              Roger Gitlin

Vote Abstain: 0             

5.    Approve a step increase to Step G on the Appointed Department Head Biweekly Salary Schedule for County Counsel effective on the employment date based on successful annual evaluation as directed by the Board of Supervisors.

Action: Approved.

6.    Approve the classification descriptions for the Building and Parks Maintenance Foreman I/II and the Custodian Supervisor I/II positions on behalf of the Building Maintenance and Parks Department as requested by the County Administrative Officer.**

Action: Approved.

7.    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) Federal Funds for county efforts to improve cyber security and infrastructure related to VoteCal as requested by the Del Norte County Registrar of Voters.**

Action: Approved. DNCOAGREE#2019-002

8.    Approve and authorize the Chair to sign the proposed Amendment to Del Norte County Agreement #2018-087 with Tidewater Contractors, Inc. for road materials supply as requested by the Director of the Community Development Department.**

Action: Approved. DNCOAGREE#2019-003 Supervisor Hemmingsen recused himself due to conflict of interest.

Motion:    Move to approve

Move:       Chris Howard

Second:    Bob Berkowitz

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

Vote Nay:       0             

Vote Abstain: 0             

9.    Approve and authorize the Chair to sign the Novation Agreement with Penny Saver Inn for temporary shelter/housing from July 01, 2018, through June 30, 2019 which merely changes the legal name of the Penny Saver Inn to Coastal Inn and Suites as requested by the Director of Health and Human Services.**

Action: Approved. DNCOAGREE#2019-004

10. Approve and authorize the Director of Health and Human Services, Heather Snow to sign Agreement #PQCR-2018/SPO Project A-19-3288 with University of California, Davis (UC Davis) for technical assistance in preparation for a 3 day County Peer Review and support and facilitation for a 1 day County Self-Assessment with the term being from August 01, 2018 through June 30, 2019, not to exceed $31,300.00 as requested by the Director of Health and Human Services.**

Action: Approved. DNCOAGREE#2019-005

SCHEDULED ITEMS

11. 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.

12. 10:15 A.M. 1) Conduct a Public Hearing to approve and authorize a submission of the 2018/2019 Community Development Block Grant Application; and 2) approve and adopt a Resolution of the Del Norte County Board of Supervisors approving an application for funding and the execution of a Grant Agreement and any Amendment thereto from the State CDBG Program as requested by the County Administrative Officer.**

Action: Approved. RESO#2019-001

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. 10:25 A.M. 1) Conduct a Public Hearing to provide the public an opportunity to hear and provide comment on the results of activities involved in Community Development Block Grants (CDBG) 15-CDBG-10579; and 2) accept the final results through this grant as meeting the requirements of the grant and various agreements as requested by the County Administrative 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             

14. 10:35 A.M. Department of Health and Human Services update. (Heather Snow, Director of DHHS)

15. 10:45 A.M. Presentation on outdoor commercial cannabis cultivation in timberland, possible General Plan Amendment, and CEQA issues (Joel Campbell-Blair, Deputy County Counsel)

 

REGULAR ITEMS

GENERAL GOVERNMENT:

16. State of the County addressed by Chair Howard.

17. 1) Approve and adopt 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 (CalPERS); and 2) authorize the Chair to sign the Amendment to the Contract with CalPERS as requested by the County Administrative Officer.**

Action: Approved. ORDINANCE#2019-001;DNCOAGREE#2019-006

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Chris Howard

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

Vote Nay:       0             

Vote Abstain: 0             

18. Approve and authorize by a 4/5 vote an extension to the emergency action previously identified at the December 11, 2018 Board of Supervisors meeting, based on the need to continue said action, for the abatement, demolition and cleanup of outbuildings located at 2650 West Washington Boulevard. (Agriculture Department) based on §22035 and §22050(a) of the California Uniform Public Construction Cost Accounting Act and make a finding, based on substantial evidence, that the emergency still exists as requested by the County Administrative Officer.**

Action: Approved.

Motion:    Move to approve

Move:       Chris Howard

Second:    Gerry Hemmingsen

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

Vote Nay:       0             

Vote Abstain: 0             

19. 1) Conduct the Public Hearing; 2) approve and adopt the Ordinance regulating shopping carts; and 3) direct the Clerk of the Board to publish a summary of the Ordinance within 15 days as requested by County Counsel.**

Action: Approved. ORDINANCE#2019-002

Motion:    Move to approve

Move:       Chris Howard

Second:    Gerry Hemmingsen

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

Vote Nay:       1              Roger Gitlin

Vote Abstain: 0             

20. Approve and authorize the Chair to sign a letter of support for the U.S. Forest Service's California Climate Investments - Forest Health Program Grant application and authorize the Community Development Department to be a primary partner in the grant application by sending a letter of participation as requested by the Community Development Department Director.**

Action: Approved.

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Chris Howard

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

Vote Nay:       0             

Vote Abstain: 0             

21. Approve and enact the Interim Ordinance Establishing A Temporary Moratorium on Accepting Applications for Use Permits for Commercial Cannabis Activities within the Yurok Areas of Traditional Tribal Cultural Affiliation, Outside the Coastal Zone as requested by County Counsel.**

Action: Approved. ORDINANCE#2019-003

Motion:    Move to approve

Move:       Chris Howard

Second:    Gerry Hemmingsen

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

Vote Nay:       0             

Vote Abstain: 0             

 

BUDGET TRANSFERS:

22. Approve and adopt Budget Transfer #12-04 in the amount of $73,250.00 within the Agriculture Commission Budget (101-251) for the result of the County insurance company deeming the two dilapidated, unusable outbuildings an imminent danger of liability for the County as requested by the County Administrative Officer.**

Action: Approved. BT#12-04

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             

23. Approve and adopt Budget Transfer #12-07 in the amount of $30,000.00 within the Roads Division Budget Unit to allow for the purchases of needed road materials as requested by the Director of the Community Development Department.**

Action: Approved. BT#12-07

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:

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:

24. 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 the BCRAA meeting, attended the TRUE North meeting regarding homelessness, attended the DNSWMA meeting, attended the RCTA meeting, participated in a conference call with the Sister City 2x2 and Japanese Delegation, attended a meeting with the BCRAA Director and Sister City 2x2 regarding a Sister City terminal display, attended a meeting with the CAO regarding Agenda preparation and also attended the Swearing in Ceremony.

Supervisor Howard: Attended the First 5 meeting, attended a meeting with CDD staff and Supervisor Hemmingsen regarding Wonderstump Road issues, attended a meeting with Fish and Wildlife regarding Elk and Lake Earl, participated in a discussion with an innovator regarding drone usage for delivering water to wildfire locations, attended a climate Science Symposium, attended the DNSWMA meeting, attended a meeting with Elk Valley Rancheria regarding a Cannabis MOU, attended the RCD meeting, attended a meeting with the BCRAA Director and Sister City 2x2 regarding a Sister City terminal display, participated in Agenda review, attended a meeting with Assemblyman Wood and Liz Snow, participated in a conference call with the department of Water Resources and attended the Natural Resources Goal Committee meeting.

Supervisor Hemmingsen: attended a meeting with CDD staff and Supervisor Howard regarding Wonderstump Road issues, attended a meeting with the Department of Fish and Wildlife regarding Pacific Shores, access points and Elk tags, attended the BCRAA meeting, attended the True North meeting regarding homelessness, attended the RCD meeting, attended a meeting with staff regarding Pacific Shores, participated in the Swearing in Ceremony and also attended the Natural Resources Goal Committee meeting.

Supervisor Berkowitz:  Attended the Grants Committee Goal Committee meeting and attended a meeting with the CEO of Go Invest. Supervisor Berkowitz requested to place a letter addressed to Chairman DeFazio and Congressman Huffman reminding them of their commitment to Last Chance Grade and ask them to provide a time when they plan to hold hearings on the infrastructure needs in the Counties and when he does to ask that a representative from the County be one of the participants to give testimony and if he’ll go on record to support ear marks.

 

ADJOURNMENT (Next Meeting is January 22, 2019)

 

Kylie Heriford, Clerk of the Board

County of Del Norte, State of California              Date Posted:   January 4, 2019

 

 

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