Tuesday, July 10, 2001

 

REGULAR SESSION

Humboldt County Courthouse
Supervisors’ Chamber, First Floor
825 Fifth Street, Eureka

9:00 AM

 

A.                  SALUTE TO THE FLAG

B.                  AGENDA ADDITIONS AND/OR DELETIONS

1.                   Assembly Constitutional Amendment (ACA) 10 (County Administrative Officer) Assemblyman Cogdill is requesting letters of support for his ACA 10, which would provide a phased in cap to the Educational Revenue Augmentation Fund and thus benefit local government.  While the state may, in turn, divert other funds that they send to the counties, it would stabilize our funding sources from year to year.  This measure is supported by CSAC.

Action:  Authorize the Chair to sign a letter of support to Assemblyman Cogdill.

MOTION:  Move to approve.

MOTION:  Bonnie Neely SECOND: Roger Rodoni AYES: Jimmy Smith, Roger Rodoni, John Woolley and Bonnie Neely NAYS: None ABSENT: Paul Kirk ABSTAIN: None

2.                   Advanced salary step for Eligibility Worker II, Wanda Smith, effective the date of her reinstatement, pursuant to section 7 of the salary resolution (4/5 vote required). Ms. Smith was employed as an Eligibility Worker in Humboldt County for approximately 2 1/2 years, resigning to accept a position as an Eligibility Worker in Trinity County.  In May 2001 she requested reinstatement to EWII in Humboldt County.  She was interviewed and selected.  Ms. Smith requested advanced step placement based on her experience with Humboldt and Trinity Counties and the Department agrees that placement at the C step is warranted.  The Department was unable to request this salary advancement prior to Ms. Smith's appointment.

Action:  Approve the appointment.

MOTION:  Move to approve.

MOTION:  Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley and Bonnie Neely NAYS: None ABSENT: Paul Kirk ABSTAIN: None

3.                   Resolution commending Sergeant Peter F. Ciarabellini upon his retirement. The Board of Supervisors commends Sergeant Ciarabellini who is retiring after twenty eight years of dedicated law enforcement service to the citizens of Humboldt County and wishes him well upon his retirement. (Supervisor Woolley)

Action:  Adopt Resolution.

MOTION:  Move to approve.

MOTION:  Bonnie Neely SECOND: Roger Rodoni AYES: Jimmy Smith, Roger Rodoni, John Woolley and Bonnie Neely NAYS: None ABSENT: Paul Kirk ABSTAIN: None

C.                  CONSENT CALENDAR

These matters are routine in nature and are usually approved by a single vote. Prior to the meeting, any member of the public may request any member of the Board to pull a particular item for further discussion.

Board of Supervisors

1.                   Resolution congratulating Benbow Inn on its 75th anniversary The Benbow Inn is celebrating its 75th anniversary on July 17, 2001 the Board wishes to congratulate the owners and staff on this prestigious anniversary. (Supervisor Rodoni)

Action:  Adopt resolution.

MOTION:  Move to approve.

MOTION:  Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley and Bonnie Neely NAYS: None ABSENT: Paul Kirk ABSTAIN: None

2.                   Resolution declaring September 1, 2001 as Big Foot Days in Willow Creek. Willow Creek will be celebrating Big Foot Days on September 1, 2001.  For the purpose of closing a portion of roads for the parade, the community is required to submit to Cal Trans a resolution from the Board recognizing the event. (Supervisor Kirk)

Action:  Adopt resolution.

MOTION:  Move to approve.

MOTION:  Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley and Bonnie Neely NAYS: None ABSENT: Paul Kirk ABSTAIN: None

Clerk of the Board

3.                   Approval of the Board Orders from the meeting of June 26, 2001. Board Orders from the Board of Supervisors' meeting of June 26, 2001:  C-1, D-1 and G-1.

Action:  Approve the Board Orders.

MOTION:  Move to approve.

MOTION:  Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley and Bonnie Neely NAYS: None ABSENT: Paul Kirk ABSTAIN: None

4.                   Appointment of Santiago Cruz to the Children and Families First Commission Appoint Mr. Santiago Cruz as a Public Sector member with term to expire on June 30, 2005.

Action:  Approve appointment as a Public Sector member.

MOTION:  Move to approve.

MOTION:  Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley and Bonnie Neely NAYS: None ABSENT: Paul Kirk ABSTAIN: None

Community Development Services

5.                   Appeal of the Planning Director's determination that the Peterson, Patricia (Stafford area) tentative map for the minor subdivision of a 10 acre parcel into three parcels has expired prior to meeting all of the conditions of approval.  Case No. PMS-36-94A; File No. APN 205-231-35. On June 12, 2001 the Board convened a public hearing on an appeal of the Director of Community Development Service's determination that the tentative map for the Peterson Parcel Map Subdivision PMS-36-94 had expired prior to meeting all of the conditions of approval.  The Board heard public testimony and reviewed and considered the staff report and conclusions showing that evidence does exist in support of making the required findings for upholding the Director's determination.  Staff has prepared the resolution and findings as directed by the Board and County Counsel for formalizing the decision to deny the appeal and uphold the Director's determination.

Action:  Adopt Resolution No. 01-54 (Statement of Findings)

MOTION:  Move to approve.

MOTION:  Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley and Bonnie Neely NAYS: None ABSENT: Paul Kirk ABSTAIN: None

County Administrative Office

6.                   Copier Lease The copier that the Board, Clerk of the Board, County Administrative Office and Risk Management use is replaced with a rental machine since parts are now unavailable for the old copier.  The lease charge and copier maintenance will be split between the departments.  To lease the new copier, a Rents and Leases account has to be established in the budgets of Board of Supervisors, County Administrative Office and Risk Management.  The Clerk of the Board's budget already has a line item in place.

Action:  Approve transfers of $545 each and establish Rents & Leases line items.

MOTION:  Move to approve.

MOTION:  Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley and Bonnie Neely NAYS: None ABSENT: Paul Kirk ABSTAIN: None

Health and Human Services - Mental Health Branch

7.                   Continue funding from Office of Criminal Justice Planning for Child Abuse Treatment Staff from the Mental Health Branch and the District Attorney's Victim Witness Office are completing a non-competitive application to submit to OCJP for continued funding for treatment, advocacy and case management services as outlined in the grant application for child victims of physical, sexual abuse or neglect and domestic violence.  Also, included will be service for children endangered by living with drug involved caretakers.  These services will allow the County to improve services to the families and community that we serve.

Action:  Approve request to submit a $250,000 non-competitive grant application.

MOTION:  Move to approve.

MOTION:  Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley and Bonnie Neely NAYS: None ABSENT: Paul Kirk ABSTAIN: None

Health and Human Services - Social Services Branch

8.                   Third Amendment to Agreement with Redwood Community Action Agency/Youth Service Bureau (RCAA/YSB) for provision of a group home On June 6, 2000, the Board approved the Agreement with Redwood Community Action Agency/Youth Service Bureau to maintain an eight bed group home in Humboldt County for placement of children.  On March 13, 2001 the first amendment to the agreement was approved to decrease the number of available beds to six until May 5, 2001 while the group home was in program and staffing transition.  On May 22, 2001 it was necessary to extend that date until June 30, 2001.  It is now necessary to extend that date until June 15, 2002.

Action:  Extend term of agreement to June 15, 2002.

MOTION:  Move to approve.

MOTION:  Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley and Bonnie Neely NAYS: None ABSENT: Paul Kirk ABSTAIN: None

9.                   Agreement with "Food for People" for use of CalWORKS Incentive Funds Humboldt County receives California Work Opportunity and Responsibility to Kids (CalWORKS) Fiscal Incentive Funds which may be used to provide employment and training opportunities for CalWORKS recipients and those who are within 200% of the Federal Poverty Level.  Food for People, Inc. a local non-profit agency has submitted a proposal for funding of a program to assist clients with multiple barriers to employment to gain the knowledge necessary to enter the workforce.

Action:  Approve agreement.

MOTION:  Move to approve.

MOTION:  Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley and Bonnie Neely NAYS: None ABSENT: Paul Kirk ABSTAIN: None

10.               Exercise option to extend lease for office space at K'ima:W Medical Center On September 19, 2000 the Humboldt County entered into a lease for office space at the K'ima:W Medical Center with the Hoopa Valley Tribe for use by Social Services Branch staff.  The current lease expires on July 31, 2001 and the County has the option under section 4 of the lease to extend the lease for four one year terms.  All terms of the lease will remain the same.  The Medical Center has executed a letter of consent to the extension.  SSB staff recommend the Board approve the extension of the lease and authorize the Chair to countersign the letter of consent.

Action:  Approve request pertaining to lease with Hoopa Valley Tribe.

MOTION:  Move to approve.

MOTION:  Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley and Bonnie Neely NAYS: None ABSENT: Paul Kirk ABSTAIN: None

Public Works

11.               Request to approve Redwood Transit Service to Willow Creek and funding for 2001-2002 fiscal year Recommend a firm fare box recovery target be adopted by the Board.  The suggested target is 20%.  The Department's position is that if the 20% is not met solidly after a reasonable time frame, that the service be discontinued.

Action:  Approve request.

MOTION:  Move to approve.

MOTION:  Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley and Bonnie Neely NAYS: None ABSENT: Paul Kirk ABSTAIN: None

12.               Transportation Development Act Claim The initial claim for TDA funds contains the estimated allocations for the various transit systems and funding for the new Willow Creek Extension Route.  This claim will assure transit agencies sufficient cash flow to operate until final budgets are adopted.  An amended claim will be presented to the Board once final financial figures are available.

Action:  Submit claim to the Humboldt County Association of Governments.

MOTION:  Move to approve.

MOTION:  Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley and Bonnie Neely NAYS: None ABSENT: Paul Kirk ABSTAIN: None

13.               Transfer from Aviation Contingencies for Purchase of a Public Address System at the Arcata Airport The current public address (PA) system at the Arcata Airport is outdated and not functioning properly.  The old PA system is not worth repairing due to its age.  A new system is needed that will allow more flexibility in the recording and play back of messages.  The department is requesting to purchase a Bogen mixer/amplifier and a computer to store and record messages.

Action:  Approve purchase.

MOTION:  Move to approve.

MOTION:  Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley and Bonnie Neely NAYS: None ABSENT: Paul Kirk ABSTAIN: None

Sheriff

14.               Correctional Officer Recruitment Incentive Program The Sheriff's Department has had and continues to have several vacancies at the Correctional Officer level which have been difficult to fill.  The Department with the assistance and support of the Personnel Department has begun an aggressive recruitment outreach program using current correctional staff as recruiters. The Recruitment Incentive Program will be administered by the Personnel Director or his/her designee.  Under this program, any current full-time Sheriff's Department employee may voluntarily participate in the Recruitment Incentive Program.

Action:  Approve request.

MOTION:  Move to approve.

MOTION:  Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley and Bonnie Neely NAYS: None ABSENT: Paul Kirk ABSTAIN: None

Veterans Service Office

15.               Compliance certificates--California Dept. of Veterans Affairs As a member county in the Medi-Cal Avoidance Program and the Subvention Program, the Board is required to recertify their intention to participate and compliance with applicable regulations each year.  These programs create revenue to offset the cost of operating the Veterans Service Office.  Revenue for FY 2000-2001 exceeds $52,000.

Action:  Inform State Dept. of Veterans Affairs of County’s intention to participate.

MOTION:  Move to approve.

MOTION:  Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley and Bonnie Neely NAYS: None ABSENT: Paul Kirk ABSTAIN: None

D.                  DEPARTMENT REPORTS

Public Works

1.                   Change orders over $10,000 on Public Works Projects.  (None)

2.                   Advertisement or award of Public Works projects ( None)

County Counsel

3.                   Administrative Abatement Cleanup County; vs. Kennaly AP No. 200-252-046 On February 27, 2001 the Board ruled the conditions of the property located at 361 Tompkins Hill Road, Fortuna, California constituted a public nuisance.  The time period specified in the findings of Nuisance and Order of Abatement has expired, and the property owner has failed, refused and/or neglected to commence and prosecute abatement with due diligence.  Numerous conditions continue to exist on the property which are hazardous to surrounding neighbors and the public at large.  While the County will advance the costs of abatement, a lien will be placed on the property to accrue interest until paid in full.  The funds necessary to accomplish abatement on this property, as with all major abatement cases, are unexpected and not previously budgeted.  Therefore, a transfer from contingencies is needed to cover the costs associated with this matter.

Action:  Authorize the costs of abatement ($4,500 transfer from Contingencies) to be advance by the County of Humboldt and if unpaid by the property owner that a lien be placed against the parcel in the amount of the costs of abatement.

MOTION:  Move to approve.

MOTION:  Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley and Bonnie Neely NAYS: None ABSENT: Paul Kirk ABSTAIN: None

County Administrative Office

4.                   Forest Service funding for local projects (HR 2389) Under the regulations in HR 2389 the Board opted to utilize 15% of the "safety net" funds available to the county from national forest timber receipts.  The Board reviewed the projects submitted by staff and on May 1, 2001 put out a notice for a 45 day comment period.  There were no comments received at the close of the comment period.

Action:  Send the following four projects recommended on May 1, 2001 to Six Rivers National Forest for approval and funding; 1) preparation of a master fire protection plan; 2) proportionate share of the Sheriff’s Search and Rescue Team; 3) Juvenile Assigned Work Service Program; and 4) Probation Environmental Preservation Project.

MOTION:  Move to approve.

MOTION:  Bonnie Neely SECOND: Jimmy Smith AYES: Jimmy Smith, Roger Rodoni, John Woolley and Bonnie Neely NAYS: None ABSENT: Paul Kirk ABSTAIN: None

E.                  MATTERS INITIATED BY BOARD MEMBERS

1.                   Reports on Board member travel at County cost and meeting attendance (No action)

2.                   Potential or proposed Big Box retail development in Humboldt County. (No action)

F.                  MATTERS SET FOR TIME CERTAIN

Time Certain 1  9:30 A.M.

1.                   Report on status of Five County Conservation Plan and Salmon Restoration Efforts On December 9, 1997 the Board executed a MOA with four other counties (Del Norte, Siskiyou, Mendocino, and Trinity) for the purpose of developing a Conservation Plan that would include management practices that would have no effect or no adverse effect on anadromous fish.  The purpose of today's presentation by Mark Lancaster is to update the Board on the progress of the five counties program.  Currently, Humboldt County is focused on the removal of barriers to fish migration and on the prevention of excess sedimentation from county facilities and road infrastructure.

Action:  Receive a presentation from Mark Lancaster, Project Manager.

BY ORDER OF THE CHAIR

G.                 CLOSED SESSION

1.                   Report from Prior Closed Session.

2.                   Pursuant to Government Code Section 54957.6 for the purpose of reviewing the County's position and instructing its designated representatives with respect to the various forms of compensation provided to the County's represented and unrepresented employees.  (None)

3.                   Report on pending or threatened litigation pursuant to Government Code Section 54956.9 (None)

4.                   It is the Board of Supervisors' intention to meet in Closed Session to consider Public Employee appointment for position of County Administrative Officer pursuant to Govt. Code Section 54954.5.  (No final action taken; continue to July 17, 2001)

H.                  PUBLIC APPEARANCES--9:05 A.M. (None)

This 15-minute portion of the meeting is reserved for persons desiring to address the Board on any matter not on this agenda that is under the jurisdiction of the Board. It is requested that speakers sign the sheet at the front doors of the Chamber.

 

I.                     PUBLIC HEARINGS--1:30 P.M.

Public Works

1.                   Proposed acquisition of property at 4412-4424 Kjer Road, McKinleyville, CA On June 12, 2001 the Board set a public hearing for July 10, 2001 regarding the proposed purchase of property.  The Airport Master Plan, adopted in 1980 recommended that the property on the westerly side of Kjer Road be acquired.  The Board adopted the plan with the provision that property would only be acquired if it was a voluntary sale and if funds were available.  Both conditions have been met.  There have been negotiations with the estate of Billie R. Dean and the terms have been agreed upon.

Action:  Approve acquisition of property by adopting Resolution No. 01-55.  Accept Grant Deed executed by the Estate of Billie R. Dean.  Approve agreement with estate.

MOTION:  Move to approve.

MOTION:  Bonnie Neely SECOND: Jimmy Smith AYES: Jimmy Smith, Roger Rodoni, John Woolley and Bonnie Neely NAYS: None ABSENT: Paul Kirk ABSTAIN: None

Community Development Services

2.                   Public Hearing and resolution authorizing submission of a CDBG Economic Development Allocation Planning and Technical Assistant Grant The public hearing is the second public hearing for citizen participation in the Community Development Block Grant Planning & Technical Assistance program (CDBG-P&TA).  The purpose of this public hearing is to solicit comments from the community on the proposed project. Feasibility study for the biogas plants will result in recommendations for siting one plant in the Ferndale Valley and one in the Arcata bottoms with specific estimates of costs, revenues, water quality improvements and job retention and creation.  the feasibility study for the Samoa industrial park will deliver a detailed description, site plan, project scope and estimates of potential job creation.

Action:  Adopt Resolution No. 01-56.

MOTION:  Move to approve.

MOTION:  Bonnie Neely SECOND: Jimmy Smith AYES: Jimmy Smith, Roger Rodoni, John Woolley and Bonnie Neely NAYS: None ABSENT: Paul Kirk ABSTAIN: None

3.                   Public Hearing and resolution authorizing submission of a CDBG General Allocation Planning and Technical Assistance Grant This public hearing is the second public hearing for citizen participation in the Community Development Block Grant Planning & Technical Assistance program.  The purpose of this public hearing is to solicit comments from the community on the proposed project.  After determining there were no projects brought forward by the public, the Divisions of the Community Development Services Department jointly discussed the most pressing planning and technical needs in the unincorporated areas.  It was narrowed down to two needs:  a Housing Conditions Survey or a Preliminary Needs Assessment of the water and wastewater services in the unincorporated communities.

Action:  Adopt Resolution No. 01-57.

MOTION:  Move to approve.

MOTION:  Bonnie Neely SECOND: Jimmy Smith AYES: Jimmy Smith, Roger Rodoni, John Woolley and Bonnie Neely NAYS: None ABSENT: Paul Kirk ABSTAIN: None

J.                   DEPARTMENTAL  ITEM

1.                   Pierson plan amendment petition; Freshwater area: File No. 402-261-21, -28; Case No. GPP 98-03 By Order of the Chair this item was rescheduled for the meeting of Tuesday, August 21, 2001.

Action:  Reschedule for the meeting of August 21, 2001.

MOTION:  Move to approve.

BY ORDER OF THE CHAIR AYES: Jimmy Smith, Roger Rodoni, John Woolley and Bonnie Neely NAYS: None ABSENT: Paul Kirk ABSTAIN: None

K.                  ADJOURNMENT

Persons wishing to file documentation on any agenda item for the official record must submit an original and nine (9) copies of each document to the Clerk of the Board of Supervisors, Room 111 of the County Courthouse, 825 5th Street in Eureka (476-2384). Documentation includes, but is not limited to, written correspondence, audio and video tapes, maps, photographs, and petitions. Failure to submit the required number of copies will result in the document/s not being placed in the official record. (Per Board of Supervisors' policy adopted on March 21, 1995.)

The Chamber is wheelchair accessible, and disabled parking is available in the lot on K Street, between Fourth and Fifth Streets.  If you are a person with a disability, and you need disability-related modifications or accommodations to participate in this meeting, please contact the Clerk of the Board at (707) 476-2384, or (707) 445-7299 (fax).  Requests for such modifications or accommodations must be made at least two full business days before the start of the meeting.