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, APRIL 23, 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)  Sassman v. The Department of Child Support Services et. al. 2:19-CV-0043-MCE-KJN; Anticipated litigation 1) significant exposure to litigation pursuant to Govt’ Code 54956.9(d)(2)-two 2) Initiation of litigation Conference with Legal Counsel pursuant to Govt’ Code 54956.9(d)(4) – one; 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. Public Employee Evaluation: Chief Probation Officer.

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 Heidi Kunstal, Community Development Department Director.

·        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 Hemmingsen with a Second by Supervisor Howard the Board voted with a 5-0 vote (Yes: Supervisor Howard, Hemmingsen, Berkowitz, Cowan, Gitlin No: None) to defend  Sassman v. The Department of Child Support Services et. al. 2:19-CV-0043-MCE-KJN

·        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

·        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: Attended the PBSP Advisory Committee meeting, attended the EMS meeting, attended the Harold Del Ponte Memorial Highway Ceremony, participated in a discussion with Senator McGuire regarding homelessness, participated in a discussion with CHP Officer Depee regarding highway striping issue on Hwy 199, attended the RCTA meeting and also attended a meeting with the regional management of Wal Mart, Director of CDD and Commander Bill Steven regarding shoplifting, stolen shopping carts and customer complaints on deterioration of the building.

Supervisor Cowan: Attended the Last Chance Grade Stakeholders Committee meeting, attended a meeting with a representative from the Harbor Commission and Chamber of Commerce, attended a Short Term Homeless meeting, attended the No Place Like Home meeting, attended two separate meetings with Senator McGuire regarding homelessness, participated in Agenda review, attended the DNSWMA meeting, attended a meeting with Judge McElfresh, attended a homeless meeting with the CAO and Director of DHHS, attended Senator McGuire’s Homeless Town hall meeting and participated as a panelist, attended a meeting with the Superintendent of Schools and Council Member Kime regarding the Japanese Delegation visit in the Fall, participated in an interview on KCRE and also attending a Housing Tools presentation.

Supervisor Howard:  Attended the First 5 Commission meeting, attended the Fish and Game Commission in Santa Monica regarding Elk, the Northwestern EIS for Elk and Spring Chinook Salmon, attended Senator McGuire’s Town hall on homelessness, attended a meeting with the Director of Public Finance regarding the audit of LTCO and participated in a discussion with the CAO and the Building Maintenance and Parks Superintendent regarding Bar-O.

Supervisor Hemmingsen: Attended the Last Chance Grade Stakeholders meeting, participated in a conference call with Senator McGuire regarding homelessness, attended the Housing Tools meeting, attended a Pacific Fisheries Management Council meeting, attended the Smith River Collaborative meeting, attended the SFAC meeting, attended the Harold Del Ponte Memorial Highway Ceremony, attended the Tri-Agency meeting, attended Senator McGuire’s Homeless Town hall meeting and participated as a panelist and attended a Housing Tools presentation. 

Supervisor Berkowitz: Attended the Del Norte Chamber of Commerce meeting, attended a Chamber of Commerce Washington Square mixer, participated as a speaker at the Harold Del Ponte Memorial Highway Ceremony, attended Senator McGuire’s Town hall on homelessness and also attended the RCTA meeting.

 

 

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 #6 for further discussion.

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             

1.    Approve and adopt Minutes from the April 09, 2019 Board of Supervisors meeting.**

Action: Approved.

2.    Approve and authorize an acceptance of a donation of chairs to be placed at the Veteran's Memorial Hall from the Humane Society of Del Norte as requested by the Humane Society of Del Norte.**

Action: Approved.

3.    Approve and adopt a Resolution authorizing the Sheriff to conduct the California Department of Parks and Recreation, Division of Boating and Waterways Grant funded Boating Safety and Enforcement Program for the fiscal year 2019/20 as requested by the Sheriff-Coroner.**

Action: Approved. RESO#2019-012-A

4.    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#2019-013;2019-014

5.    Approve and authorize the Chair to sign contracts with James Fallman, Attorney at Law, and George Mavris, Attorney at Law, for Public Defender Services for Pelican Bay State Prison Inmates, to be paid at a base rate of $100.00 per hour for the first thirty (30) hours per month and $85.00 per hour for each additional hour with services commencing on July 01, 2019 and terminating on June 30, 2021 with an automatic renewal clause for an additional year unless either party gives ninety (90) days' notice as requested by the County Administrative Officer.**

Action: Approved. DNCOAGREE#2019-046;#2019-047

6.    Approve and authorize the Chair to sign an Agreement with Oxford House to provide clean and sober residential services from July 01, 2018 through June 30, 2019, not to exceed $18,000.00 as requested by the Director of Health and Human Services.**

Action: Approved. DNCOAGREE#2019-048 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             

7.    Approve and authorize the Chair to sign the Del Norte County Department of Health and Human Services and Del Norte County Probation Department's California Child and Family Services Review, Annual System Improvement Plan (SIP) Progress Report for the period November 2017 to November 2018, to be submitted to the California Department of Social Services (CDSS) as requested by the Director of Health and Human Services.**

Action: Approved.

8.    Approve and authorize the Chair to sign the Agreement with Mental Health Management I, Inc. dba Canyon Manor for providing Mental Health Rehabilitation Services from January 01, 2019 through June 30, 2020, not to exceed $240,000.00 as requested by the Director of Health and Human Services.**

Action: Approved. DNCOAGREE#2019-049

9.    Approve and authorize the Chair to sign the First Amendment to Agreement 2018-148 between the County of Del Norte and Dennis Louy for the Hospital Preparedness Grant as requested by the Assistant County Administrative Officer.**

Action: Approved. DNCOAGREE#2019-050

SCHEDULED ITEMS

10. 10:25 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.

11. 10:35 A.M. Approve the Road Deferment and authorize the Chair to sign the Deferred Improvement Agreement as requested by the Community Development Department Assistant County Engineer.**

Action: Approved. Supervisor Berkowitz recused himself due to a conflict of interest. The Board approved to enter into a Road Deferment Agreement changing the time of ten (10) years as recommended by the Planning Commission to three (3) years.

Motion:    Move to approve

Move:       Roger Gitlin

Second:    Chris Howard

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

Vote Nay:       0             

Vote Abstain: 0             

12. 10:45 A.M.  Approve and adopt a Resolution annexing the Redwood Family Worship Center in the Meadowbrook Acres Area (Subzone W-1) of the Del Norte County Flood Control District for the purpose of furnishing domestic water as requested by the Community Development Department Assistant County Engineer.**

Action: Approved. RESO#2019-015

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             

13. 10:55 A.M. Quarterly Treasurer's Report ending March 31, 2019 (Barbara Lopez, Treasurer-Tax Collector.**

 

REGULAR ITEMS

GENERAL GOVERNMENT:

14. Approve and adopt an Ordinance amending the Del Norte County Code Title, 2 Chapter 33 Section 85 "Informal Bidding Procedures' to increase the amounts of project values for bidding projects under the Uniform Public Construction Cost Accounting Act in accordance with passage of Assembly Bill 2249 as requested by the County Administrative Officer.**

Action: Approved. ORDINANCE#2019-006

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             

15. 1) Introduce by title only "An Ordinance Repealing Outdated Sections of the County Code and Enacting Rules and Regulations for Campgrounds in County Parks," and Waive further reading; 2) Set a hearing to adopt the Ordinance; and 3) designate County Counsel to prepare a summary of the Ordinance for publication as requested by County Counsel and Building Maintenance.**

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             

16. Waive full reading, read by title only and introduce the updated Master Fee Ordinance and conduct a Public Hearing on the updated Master Fee Ordinance as requested by the County Administrative Officer.**

Action: Approved. The Board waived the full reading, introduced the Ordinance by title only and set a date for a public hearing to adopt the ordinance.

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             

17. 1) Find that the mobile home (Decal LBG1950) currently located in Space 27 of the Gasquet Mobile Home Park located at 9825 HWY 199, Gasquet, California as surplus which was formerly owned by a Housing Rehabilitation Client; 2) direct staff to solicit bids through advertisement in the local newspaper and sell the mobile home, subject to the park lease, in an "as is, where is" condition; 3) establish the minimum bid at the appraised value of $25,000.00; and 4) authorize staff to re-bid the mobile home at less than the appraised value if there are no responsive bids as requested by the County Administrative Officer.**

Action: Approved.

Motion:    Move to approve

Move:       Chris Howard

Second:    Bob Berkowitz

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

Vote Nay:       0             

Vote Abstain: 0             

18. Approve and Authorize the Chair to sign and send a comment letter to the U.S. Fish and Wildlife Service regarding the delisting of the Gray Wolf and return of management to the California Department of Fish and Wildlife as requested by the Natural Resources Goal Committee.**

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             

19. Approve and adopt a Resolution Establishing Policies and Procedures for Providing General Relief to Indigent Persons in Del Norte County as requested by the Director of Health and Human Services.**

Action: Approved. RESO#2019-016

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             

 

BUDGET TRANSFERS:

20. Approve and adopt Budget Transfer #04-06 in the amount of $60,417.00 within the Public Health budget to implement the CalWORKs Home Visiting Initiative (HVI) Program based on the MOU between Health and Human Services and Public Assistance Branches as requested by the Director of Health and Human Services.**

Action: Approved. BT#04-06

Motion:    Move to approve

Move:       Roger Gitlin

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 adopt Budget Transfer #04-10 in the amount of $15,000.00 within the Planning and Building Inspection budget to pay the Road Fund for the review of building permit applications by the Engineering staff for the duration of the fiscal year as requested by the Director of the Community Development Department.**

Action: Approved. BT#04-10

Motion:    Move to approve

Move:       Roger Gitlin

Second:    Chris Howard

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

Vote Nay:       0             

Vote Abstain: 0             

22. Approve and adopt Budget Transfer #04-11 in the amount of $26,000.00 within the Engineering Division Budget to pay the Road Fund for services provided by Engineering Division staff for non-Road Fund related engineering services for the duration of the fiscal year as requested by the Director of the Community Development Department.**

Action: Approved. BT#04-11

Motion:    Move to approve

Move:       Roger Gitlin

Second:    Chris Howard

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 #04-12 in the amount of $1,150.00 within the Building Inspection Budget Unit to allow for timely quarterly payments of fees collected for state agencies as requested by the Director of the Community Development Department.**

Action: Approved. BT#04-12

Motion:    Move to approve

Move:       Roger Gitlin

Second:    Chris Howard

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.

24. Approve and authorize the Chair to sign a letter opposing SB 438 restricting the use of non-governmental operated public safety answering points, including 9-1-1 EMS dispatch centers, and would circumvent the existing oversight of local emergency medical services agencies medical directors to ensure appropriate deployment and use of EMS resources 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             

25. Approve and authorize the Chair to sign a letter opposing AB 1544 which erodes local medical control of EMS systems and creates unnecessary impediments for innovative solutions to the delivery of healthcare by counties and their local EMS agencies 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             

26. Approve and adopt a Resolution calling on the state of California to abandon the High Speed Rail Project as requested by the County Administrative Officer.**

Action: Approved. RESO#2019-012-B

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             

27. 1) authorize the Chair to sign a Resolution adopting a list of projects funded by Senate Bill 1: The Road Repair and Accountability Act of 2017; and 2) direct staff to submit the adopted Resolution to the California Transportation Commission by May 01, 2019 as requested by the Community Development Department Director.**

Action: Approved. RESO#2019-017

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             

ADJOURNMENT (Next meeting is May 14, 2019)

 

Kylie Heriford, Clerk of the Board

County of Del Norte, State of California              Date Posted:   April 19, 2019

 

 

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