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 28, 2020

 

 

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) In re Application of Pacificorp/ Klamath Renewal Corp. FERC P-2082-062, 14803-000; County of Del Norte v. Amerisourcebergen et. al. 1:18 –CV-02732; Baldwin et. al. v. Sackler et. al 1:19-cv-02421; Cumbra v. County of Del Norte, et. al. CVUJ-19-1077; Anticipated litigation 1) significant exposure to litigation pursuant to Govt’ Code 54956.9(d)(2)-three 2) Initiation of litigation Conference with Legal Counsel pursuant to Govt’ Code 54956.9(d)(4) – two; Pursuant to 54957(b)(1) Conference with Labor Negotiators pursuant to Government Code 54957.6 between County Negotiator: Jay Sarina, CAO and Employee Organization: SEIU; Conference with Real Property Negotiator pursuant to Government Code Section 54956.8 between County Negotiator, Jay Sarina, and City of Crescent City regarding price and terms of payment regarding Sunset Circle Roadway, Crescent City, CA 95531, APN 118-380-015. Public Employee Evaluation: Building Maintenance and Parks Superintendent.

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.

·        Introduction of new employees to the Board of Supervisors

Action: Brian Strom/Parks & Maintenance Worker

·        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: 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 Northcoast EMS meeting, attended LAFCO and attended the RCTA meeting. Supervisor Gitlin requested to place on a future Agenda a presentation from a representative from Northcoast EMS regarding their upcoming 5150 Program.

Supervisor Cowan:  Attended a meeting with Ron Sandler regarding ambulance services, attended a meeting with True North regarding homelessness, attended a Homeless Workshop, participated in a discussion with The Triplicate regarding Del Norte County, attended a City/County 2x2, participated in discussions with Daphane Lambert from Del Norte Mission Possible, attended a meeting with Sutter Coast Hospital CEO, the Director of Health and Human Services regarding homeless shelters, attended the Future Facilities meeting, participated in agenda review and also attended the DNSWMA meeting.

Supervisor Howard: Participated in numerous discussions with CA Fish and Game regarding Elk tags, participated in numerous discussions with the CA Dept. of Parks and Recreation and National Parks regarding commercial permits to utilize parks, attended a meeting with Caltrans regarding Hwy 197/199 Litigation, attended a meeting with Tamera Leighton and Supervisor Hemmingsen regarding the discussion with Caltrans,  attended the First 5 meeting, attended the DN RCD meeting, attended the NCRP meeting, attended the DNSWMA meeting, attended the City/County 2x2 and had numerous conversations with CSAC members regarding different issues.

Supervisor Hemmingsen: Attended the RCRC meeting, attended the RCRC Installation of Officers meeting, attended the NCRP meeting, attended the NORTEC meeting, attended a meeting with Tamara Leighton and Supervisor Howard regarding the Caltrans Litigation project for 197/199, attended a meeting with Senator McGuire Chief of Staff regarding funding for different projects and participated in a conference call with RCRC staff regarding the UC Cooperative Extension funding.

Supervisor Berkowitz:   Attended the Future Facilities meeting, attended the Chamber of Commerce meeting, attended the Chamber of Commerce Annual Banquet, attended the 4-H Soup/Supper Annual dinner, attended an agenda prep meeting with the CAO, attended LAFCO and attended RCTA.

 

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:       Chris Howard

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 January 14, 2020 Board of Supervisors meeting.**

Action: Approved.

2.    Approve the 2020 Board of Supervisors Appointment List as requested by Chair Hemmingsen.**

Action: Approved.

3.    Review and approve the Del Norte County Treasurer's 2020 Statement of Investment Policy and Adopt the Resolution of the Board of Supervisors of the County of Del Norte Delegating Investment Authority to the County Treasurer as requested by the Treasurer-Tax Collector.**

Action: Approved. RESO#2020-006

4.    Approve and authorize the Chair to sign a one (1) year charter subscription Agreement with Deckard Technologies, Inc. and the Del Norte County Tax Collector/Treasurer's Office as requested by the Treasurer-Tax Collector.**

Action: Approved. DNCOAGREE#2020-008

5.    1) Adopt the finding(s) and authorize the Chair of the Board to sign the professional services agreement for design and construction of a sewer Supervisory Control and Data Acquisition (SCADA) System; and 2) authorize the Community Development Department Director to execute change orders up to the maximum allowable under Public Contract Code §20142(b) as requested by the Community Development Department Assistant Engineer.**

Action: Approved. DNCOAGREE#2020-009

6.    Approve and authorize the Sheriff to enter into the annual Agreement with the Drug Enforcement Agency (DEA) to defray the costs related to the eradication and suppression of illicit Marijuana as requested by the Sheriff-Coroner.**

Action: Approved. DNCOAGREE#2020-010

7.    Approve and authorize the Probation Department to finance plaques for employees to be presented at the 26th Annual LEADN Awards Ceremony as requested by the Chief Probation Officer.**

Action: Approved.

8.    Approve the revisions of the Road Division classification descriptions that involve (1) a commercial drivers' license (CDL) and (2) revise the minimum qualifications for the CDL to possession of or the ability to obtain within the six (6) month probationary period for each of the Road Division classifications as requested by the Human Resources/Risk Manager.**

Action: Approved.

SCHEDULED ITEMS

9.    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.

10. 10:35 A.M. Review and discuss the Del Norte County Quarterly Treasurer's Report for quarter ending December 31, 2019.** (Barbara Lopez, Treasurer-Tax Collector)

 

REGULAR ITEMS

GENERAL GOVERNMENT:

11. Discuss and give possible direction to staff to draft a local Ordinance regarding California Vehicle Code 22651 (k) which permits law enforcement to remove long-term parked vehicles parked seventy-two plus (72+) hours on County and State rights-of-ways as requested by Supervisor Gitlin.

Action: Board directed staff by Consensus to work on an Ordinance to fulfill the Vehicle Code requirements and look into Dispersed Camping to discuss at a future date.

12. 1) Discuss and direct staff regarding the use of a contractor to poll/survey the public regarding revenue research related to public safety services in Del Norte County; and 2) authorize staff to contract for services related to public polling as requested by the County Administrative Officer.**

Action: Approved.

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             

13. 1) Approve and adopt an Ordinance Repealing Chapter 60 Title 7 of the Del Norte County Code Relating to Medical Marijuana; and 2) designate County Counsel to prepare a summary of the Ordinance for publication as requested by County Counsel.**

Action: Approved. ORDINANCE #2020-003

Motion:    Move to approve

Move:       Chris Howard

Second:    Lori Cowan

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

Vote Nay:       0             

Vote Abstain: 0             

14. 1) Approve and adopt an Ordinance renumbering certain sections of the Del Norte County Code Relating to Animal Control and Administrative Citations; and 2) designate County Counsel to prepare a summary of the Ordinance for publication as requested by County Counsel.**

Action: Approved. ORDINANCE#2020-004

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             

15. Discuss and take possible action on using budgeted travel funds to send a Supervisor to the NACo Western Interstate Region (WIR) Conference being held in Mariposa County, California on May 13-15, 2020.

Action: Approved. Supervisor Howard will be attending. There were two motions presented and the second motion approving Supervisor Howard was taken first. The first motion made was to send Supervisor Berkowitz to the conference in lieu of him attending the Annual CSAC and RCRC Conferences for the 2020 year made by Supervisor Gitlin with a second by Supervisor Berkowitz but did not pass due to the second motion passing with a majority vote.

Motion:    Move to approve

Move:       Chris Howard

Second:    Lori Cowan

Vote Yea:       3              Gerry Hemmingsen, Chris Howard, Lori Cowan

Vote Nay:       2              Roger Gitlin, Bob Berkowitz

Vote Abstain: 0             

16. Discuss and take possible action on using budgeted travel funds for a Supervisor to attend the NACo Legislative Conference being held in Washington, D.C. on February 29-March 04, 2020.

Action: Not approved. The Item was corrected to attend the Annual NACo Conference in Orange County, Florida in lieu of the NACo Legislative Conference in Washington, D.C. A motion was made to send Supervisor Berkowitz to the conference in lieu of him attending the Annual CSAC and RCRC Conferences for the 2020 year.

Motion:    Move to approve

Move:       Roger Gitlin

Second:    Bob Berkowitz

Vote Yea:       2              Roger Gitlin, Bob Berkowitz

Vote Nay:       3              Gerry Hemmingsen, Chris Howard, Lori Cowan

Vote Abstain: 0             

 

BUDGET TRANSFERS:

17. Approve and adopt Budget Transfer #01-02 in the amount of $4,500.00 within the Livestock Budget Unit to utilize donation funds as requested by the Agricultural Commissioner.**

Action: Approved. BT#01-02

Motion:    Move to approve

Move:       Lori Cowan

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 adopt Budget Transfer #01-03 in the amount of $159,471.00 within the County Service Area No. 1 Budget Unit to pay a consultant for work performed installing the Supervisory Control and Data Acquisition System (SCADA) at up to 21 sanitary sewer lift stations as requested by the Director of the Community Development Department.

Action: Approved. BT#01-03

Motion:    Move to approve

Move:       Lori Cowan

Second:    Chris Howard

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

Vote Nay:       0             

Vote Abstain: 0             

19. Approve and adopt Budget Transfer #01-04 in the amount of $361,706.00 within the HEAP Budget Unit to implement the Homeless Emergency Aid Program, initially approved by the Board of Supervisors on October 08, 2019 as requested by the Director of Health and Human Services.**

Action: Approved. BT#01-04

Motion:    Move to approve

Move:       Lori Cowan

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.

20. Approve the submission of two project proposals to the Del Norte Resource Advisory Committee for Title II funds allocated from the Secure Rural Schools and Community Self-Determination Act for paving on Low Divide Road and Big Flat Road as requested by the Director of the Community Development Department.**

Action: Approved.

Motion:      Move to approve

Move:        Chris Howard

Second:     Lori Cowan

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

Vote Nay:         0             

Vote Abstain:   0             

21. Approve the re-activation of the Sheriff's Canine Program budget that is a separate fund allowing for deposit of public donations as requested by the Sheriff-Coroner.**

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             

22. Approve and authorize the Chair to sign and send letters supporting the Transportation Emergency Relief Funds Availability Act, H.R. 3193, introduced by Representative Garamendi (D-CA) and cosponsored by 46 Representatives as requested by the County Administrative Officer.**

Action: Approved.

Motion:      Move to approve

Move:        Lori Cowan

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 February 11, 2020)

 

Kylie Heriford, Clerk of the Board

County of Del Norte, State of California              Date Posted:   January 24, 2020

 

 

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