HUMBOLDT COUNTY COURTHOUSE

SUPERVISORSí CHAMBER, FIRST FLOOR

825 FIFTH STREET

TUESDAY, AUGUST 21, 2007

9:00 AM

 

A.                  OPENING CEREMONIES

1.                   Salute to the Flag

B.                  SUPPLEMENTAL AGENDA ITEMS

1.                   Classification Review and Reorganization of the Auditor-Controller's Office(CONSENT CALENDAR)

RECOMMENDATION: That the Board of Supervisors delete the class of Assistant Auditor-Controller (Salary range 449, class 0618) from the classification plan, effective immediately; disallocate the vacant Assistant Auditor-Controller position (salary range 449, class 0618) in budget unit 111, effective immediately; Adopt the class of Deputy Auditor-Controller (salary range 449, class 0618, unit 8) into the classification plan, effective immediately; allocate two full-time Deputy Auditor-Controller (salary range 449, class 0618) positions into the budget unit 111, effective immediately; Disallocate one Senior Accountant-Auditor (salary range 375, class 1632, position number to be determined) in budget unit 111, effective when the Deputy Auditor-Controller position is filled.

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.                   Proclaim September 17 - 23, 2007 as Constitution Week. (Supervisor Neely)

RECOMMENDATION: Adopt the Proclamation.

2.                   Letters of Appreciation to Gayle Hunter Fulton and Leroy Murrell for service on Fish & Game Advisory Commission. (Supervisor Neely)

RECOMMENDATION: Authorize Chair to sign the letters of appreciation.

3.                   Reappointment of Reid Aiton, Dominic Bachman, Jim Polly, and Willard Schmidt to the Fish and Game Advisory Commission. (Supervisor Neely)

RECOMMENDATION: Approve the reappointment of Reid Aiton, Dominic Bachman, Jim Polly and Willard Schmidt to the Fish and Game Advisory Commission.

4.                   Certificate of Appreciation for Captain Stephen W. Pudinski for providing safety and service to the people of the State of California. (Supervisor Smith)

RECOMMENDATION: Authorize Chair to sign Certificate of Appreciation for Captain Stephen W. Pudinski.

5.                   Reappointment of Greg Anderson and Charles W. Petty to the Assessment Appeals Board. (Supervisor Neely)

RECOMMENDATION: Approve the reappointment of Greg Anderson and Charles W. Petty to the Assessment Appeals Board.

6.                   Letter of Appreciation to Paul Hewitt for his service on the Humboldt County Alcohol and Drug Advisory Board. (Supervisor Woolley)

RECOMMENDATION: Authorize the Chair to sign Letter of Appreciation.

7.                   Appointment of Carol DePucci to the Human Rights Commission. (Supervisor Rodoni)

RECOMMENDATION: Approve the appointment of Carol DePucci to the Human Rights Commission.

8.                   Certificate of Appreciation for Jeff Robinson for his remarkable work to protect the natural resources of Humboldt Bay. (Supervisor Smith)

RECOMMENDATION: Ratify authorization for Chair to sign Certificate of Appreciation.

9.                   Reappointment of Cindy Sutcliffe to the Commission on the Status of Women. (Supervisor Geist)

RECOMMENDATION: Approve the reappointment of Cindy Sutcliffe to the Commission on the Status of Women.

10.               Appointment of Nita Brake-Mills to the Human Rights Commission. (Supervisor Neely)

RECOMMENDATION: Approve the appointment of Nita Brake-Mills to the Human Rights Commission.

Community Development Services

11.               Wilderness Ranch Land Conservation Contract (Garner Anthony Preserve) Case Nos.:Preserve No. 77-14, Resolution No. 77-14; File Nos.:315-214-09 et al Maple Creek Area

RECOMMENDATION: That the Board of Supervisors approve and update the Wilderness Ranch Land Conservation Contract per Resolution 05-58; Authorize the Chair of the Board to execute the successor Land Conservation Contract for the Wilderness Ranch LLC ownership; Direct the Community Development Services Planning Division to record the Land Conservation Contract with the County Recorder.

County Administrative Office

12.               Transfer of Computer Disposal Funds to Purchasing Budget

RECOMMENDATION: That the Board of Supervisors approve a supplemental budget for the Purchasing budget unit for Fiscal Year 2006-07 as follows:REVENUE 1100-115 705800Transfer from Trust $1537EXPENDITURE 1100-115 2313Hazardous Material Disposal $1537 and approve a transfer from the Computer Disposal Trust Fund #4493 in the amount of $1537.

13.               Authorize transfer of funds into fixed assets for Office of Traffic Safety Grant FY 2006-07 Budget.

RECOMMENDATION: Authorize the transfer of $20,500 from Services & Supplies accounts to Fixed Assets in BU #1100-104, Office of Traffic Safety Grant, as shown on the budget transfer form.

14.               Classification Review and Reallocation for the Deputy County Administrative Officer.

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RECOMMENDATION: Approve the reallocation of the Deputy County Administrative Officer (salary range 467, class 0599, position 001) in budget unit 103, to Assistant County Administrative Officer (salary range 500, class 0601), effective the beginning of the biweekly pay period following approval.

15.               Authorize Transfer of $23,794 from Radio Capitalization Fund to Communications Budget 1100-151 for FY 2006-07

RECOMMENDATION: That the Board of Supervisors authorize the Transfer of $23,794 from the Radio Capitalization Fund to the General Fund.

Health and Human Services - Administration

16.               Approve sublease at 434 Seventh Street, Eureka, CA, for office space for the Director of the Humboldt County In-Home Supportive Services Public Authority.

RECOMMENDATION: Approve the sublease with Area 1 Agency on Aging, through July 15, 2009, for office space located at 434 Seventh Street, Eureka, CA.The Humboldt County In-Home Supportive Services Public Authority will utilize the office space.Direct the Clerk of the Board to return one executed sublease to Real Property.

17.               Approval of the Compliance Certificates to allow Veteran Services Office to participate in Medi-Cal Cost Avoidance and Subvention Programs

RECOMMENDATION: Approve the Compliance Certificates for the Dept. of Health and Human Services Social Services Veterans Services Office endorsing participation in the Medi-Cal Cost Avoidance Program and the Subvention Program.Authorize the Chairperson to execute two (2) copies of the agreements.Direct the Clerk of the Board to route one (1) copy of the executed agreements to the Director of the Dept. of Health and Human Services Social Services Branch.

Health and Human Services - Public Health Branch

18.               Approve Amendment to Standard Agreement 04-35680, A01, for that Chlamydia Screening Project (CLaSP) and the Sexually Transmitted Disease (STD) Community Intervention Program (SCIP) for Fiscal Years 2007-2009.

RECOMMENDATION: That the Board of Supervisors approve and authorize the Chair to sign six (6) copies of Agreement Number 04-35680, A01, for ClaSP and SCIP, in the amount of $79,890 for the period of July 1, 2007 through June 30, 2009.

19.               Increase Administrative Analyst position in Budget Unit 460, (Public Health Personnel) from .9 to 1.0, in Fund 1175 for Fiscal Year 2007-08

RECOMMENDATION: Approve the increase of the vacant Administrative Analyst, class #626A, in Fund 1175, Budget Unit #460, Personnel from .9 to 1.0 full time equivalent (FTE) for Fiscal Year 2007-08 effective immediately.

20.               Grant with the California Office of Traffic Safety for the Youth Driving Safety Program in Budget Unit 420, Fund 1175, for Fiscal Year 2007-08

RECOMMENDATION: Accept and execute a grant in the amount of $216,000 from the CA Office of Traffic Safety for the continuation of the Youth Driving Safety Program for the period of October 1, 2007 through September 30, 2009.Authorize the Chair of the Board to sign two (2) copies of the attached CA Office of Traffic Safety grant agreement, Project Number AL0803 (Attachment1:Signature needed on Page 1 of grant agreement and Page 3 of OTS 33 Acceptance of Conditions and Certifications), and return both of the signed copies of the agreement to the Public Health Branch for submittal to the State.

Health and Human Services - Social Services Branch

21.               Fiscal Year 2006-2007 Appropriation Transfer to Fund 1110 Department 518, Foster Care from Fund 1110 Department 517 TANF.

RECOMMENDATION: That the Board of Supervisors approve the transfer f $764,339.00 from 1110-517-3-127, Temporary Assistance Needy Families Assistance Payments, through 1110-990-2-011, Contingencies Fund 1110, with $764,339.00 transferred to 1110-518-3-620, Aid to Adoptions

Library Services

22.               Recognition of Donations Made to the Library and Supplemental Budget in Budget Unit 621, Library (Library Fund-Restricted Donations).

RECOMMENDATION: That the Board of Supervisors adopts a supplemental budget of $9,716.00.

23.               Recognition of Donations Made to the Library and Supplemental Budget in Budget Unit 621, Library (Library Fund-Restricted Donations).

RECOMMENDATION: That the Board of Supervisors adopts a supplemental budget of $3,334.00 (Attachment 1)

24.               Approve Budget Adjustments and Transfer from Contingency Reserve for Library Siding Preservation Project

RECOMMENDATION: That the Board of Supervisors approve a transfer from the Contingency Reserve of $10,639 and make associated budget adjustments for the library siding preservation and maintenance project.

Probation

25.               Retroactive Accelerated Step Increase for Stephanie Chavez

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RECOMMENDATION: That the Board of Supervisors approve a retroactive step increase from Step A to Step C for Stephanie Chavez, Juvenile Corrections Officer, effective April 29, 2007 through June 16, 2007 pursuant to Section 7 of the Humboldt County Salary Resolution

26.               Authorization for Chief Probation Officer to Sign Contract for Referrals to the Northern California Regional Facility from Contra Costa County.

RECOMMENDATION: That the Board of Supervisors approve the contract for use when Contra Costa desires to contract for bed space in the Regional Facility on an as needed/per child basis; Authorize the Chief Probation Officer to sign the individual contract on behalf of the Humboldt County Board of Supervisors with the approval of County Counsel and the Risk Manager when Contra Costa County desires to contract for bed space in the Regional Facility on an as needed/per child basis.

Public Works

27.               Retroactive Extension of Extra-Help Hours for Fidelina Hernandez

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RECOMMENDATION: That the Board of Supervisors retroactively approve the extension of extra-help hours for Fidelina Hernandez by 7.5 hours to a maximum of 967.5 hours for Fiscal Year 2006/2007, pursuant to Section 7 of the Humboldt County Salary Resolution.

28.               Request for Pre-Qualification List for Plan Checking, Map Checking, and Subdivision Inspection Services

RECOMMENDATION: That the Board of Supervisors authorize the Department of Public Works to extend the deadline in which to receive responses to the request for proposal until September 28, 2007 at 2:00 p.m.; Authorize the Department of Public Works to utilize Bureau Veritas on an on-call, as needed basis until such time that a pre-qualification list of consultants is adopted by the Board of Supervisors.

29.               Cook Final Map Subdivision, APN 015-152-01. Eureka Area

RECOMMENDATION: That the Board of Supervisors declare the subdivision as complete, and approve and accept the subdivision map for filing with the County Recorder; Accept the dedications to the County of Humboldt of Parcels A, D, F, and G for public utilities; reject Parcel G for public road purposes; and reject Parcel J for pedestrian purposes, all as shown on the subdivision map; authorize the Chair to execute the Conveyance and Agreement; Authorize the Chair to enter into the Final Map Subdivision Agreement, in triplicate, for subdivision improvements; Authorize the Director of Public Works or his designee to release the agreement securities to the subdivider upon satisfaction of the requirements of the Final Map Subdivision Agreement.

30.               Award Contract for Re-Roof of the Fortuna Veterans Building

RECOMMENDATION: That the Board of Supervisors receive and file the bids for the Roof Replacement Project; Award the project to the lowest responsible and responsive bidder, Alves Inc., Arcata, California, in the amount of $68,752.00 for the base bid; Approve the following supplemental budget to provide funding for the construction:Revenue - 1100170-707012 - Donations - $20,000.00; Expenditures: 1100170-8812 - Building Maintenance $20,000.00

31.               Award Contract for Re-Roof of the Clark Complex

RECOMMENDATION: That the Board of Supervisors receive and file the bids for the project mentioned above; award the project to the lowest responsible and responsive bidder, Alves Inc., Arcata, California, in the amount of $59,052.00 for the base bid; Authorize the Chairman to execute the agreement when staff approves the bonds and insurance; Approve the following supplemental budget to provide funding for the construction: Revenue: 1100170-681001 - DHHS Reimbursement $40,800.00; Expenditures: 1100170-8812 - Building Maintenance $40,800.00

32.               Cooperative Maintenance Agreement for Fields Landing Boat Ramp Parking and Public Safety Enhancement Project

RECOMMENDATION: That the Board of Supervisors authorize the Board Chairperson to sign two copies of the Fields Landing Boat Ramp Facility Cooperative Maintenance Agreement with the Humboldt Bay Harbor Recreation and Conservation District; Approve the following supplemental budget to provide funding for the Fields Landing Boat Ramp Parking and Public Safety Enhancement Project:Revenue 1100713-661038 - Wildlife Conservation Board Grant - $563,900; Expenditures: 1100713-8826 - Fields Landing Boat Ramp $563,900.

33.               Finding of no Significant Impact Determination by Bureau of Indian Affairs on the Proposed Bear River Band of the Rohnerville Rancheria 113 Acres Fee to Trust Project.

RECOMMENDATION: That the Board of Supervisors review the draft letter to the Bureau of Indian Affairs, stating the Board of Supervisors does not agree with the determination by Bureau of Indian Affairs that the project qualifies for a Finding of No Significant Impact; Modify the letter as desired and send to Bureau of Indian Affairs.

34.               Road Tour.

RECOMMENDATION: That the Board of Supervisors direct Public Works to postpone plans for Road Tour until Spring/Summer of 2008.

35.               Storm Damage Repairs on Fulmor Road (2H040) at P.M. 1.4 - 1.88: Project No. HC-2, Contract No. 206318.

RECOMMENDATION: Approve the plans and specifications.

36.               License Agreement for Automated Teller Machine (ATM) at Arcata/Eureka Airport

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RECOMMENDATION: That the Board of Supervisors approve by a 4/5 vote.Authorize the Chairperson to sign the attached License Agreement with Damian, Mandala and Josh Lakey, dba Silver Lining Restaurant.Direct the Clerk of the Board to return one executed License Agreement to Real Property for transmittal to Licensee.

37.               Central Avenue Rehabilitation and Overlay Between Pickett Road to Babler and Airport Road to Grange:Project No. RPL-5904(075), Contract No. 202713

RECOMMENDATION: That the Board of Supervisors receive and file the bids for Construction of Central Avenue Rehabilitation and Overlay between Pickett Road to Babler and Airport Road to Grange Road.Award the contract to Mercer Fraser Company, Inc. in the amount of $470,435.Authorize the Chairperson to execute the project agreement upon submittal of the appropriate bonds and insurance.Direct the Auditor-Controller to establish a new contract account 1200321-0213, and transfer $530,956 to the account per the appropriation transfer.

38.               Sutter Road Rehabilitation and Overlay (Rd No. C4L810) PM0.00 To 0.80:Project No. RPL-5904(061), Contract No. 202712.

RECOMMENDATION: That the Board of Supervisors receive and file the bids for Construction of Sutter Road Rehabilitation and Overlay (Rd No. C41810) PM 0.00 to 0.80.Award the contract to Kernen Construction in the amount of $573,633.00.Authorize the Chairperson to execute the project agreement upon submittal of the appropriate bonds and insurance.Direct the Auditor-Controller to establish a new contract account 1200321-0212, and transfer $662,637 to the account per the appropriation transfer.

39.               Construction of Hiller and Pickett Road Rehabilitation and Overlay (C3L080 & 4M030) at PM 0.60 to 1.46 and 0.00 to 0.40:Project No. RPL - 5904 (065), Contract No. 202707

RECOMMENDATION: That the Board of Supervisors receive and file the bids for Construction of Hiller and Pickett Road Rehabilitation and Overlay (C31080 & 4m030); Award the contract to Mercer Fraser Company, Inc. in the amount of $499,870.00; Authorize the Chair to execute the project agreement upon submittal of the appropriate bonds and insurance and Direct the Auditor-Controller to establish a new contract account 1200321-0214, and transfer $625,020 to the account per the appropriation transfer.

40.               First Amendment to Harbor Heights - Humboldt, LLC Final Map Subdivision Agreement, APN 305-261-40, Humboldt Hill Area

RECOMMENDATION: That the Board of Supervisors approve the First Amendment to the Final Map Subdivision Agreement for Harbor Heights Subdivision by Harbor Heights - Humboldt, LLC, APN 305-261-040 retroactive to April 4, 2007; Authorize the Chairman to execute the amendment, in triplicate, to the Final Map Subdivision Agreement for the Harbor Heights Subdivision.

41.               Third Amendment to Lease Agreement with Republic Parking System Inc. for Parking Rate Increases at the Arcata/Eureka Airport in Mckinleyville

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RECOMMENDATION: That the Board of Supervisors authorize the Chairperson to sign and execute the Third Amendment to Lease Agreement, in duplicate, with Republic Parking System Inc.

Sheriff

42.               Federal Annual Certification Report

RECOMMENDATION: That the Board of Supervisors authorize the Chair of the Board and the Sheriff to sign the Federal Annual Certification Report.

D.                  SPECIAL PRESENTATIONS

1.                   Resolution of Commendation for the Lost Coast 4x4's Eighth Annual Eel River Clean-up (Supervisor Smith)

RECOMMENDATION: Adopt the Resolution.

2.                   Certificates of Appreciation to recognize Emily Christensen, Trevor David and Katie Reinholtsen for their dedication of time and service to Youth Relay for Life. (Supervisor Smith)

RECOMMENDATION: Authorize Chair to sign the Certificates of Appreciation.

3.                   Resolution Congratulating US Coast Guard Group/Air Station Humboldt Bay on their 217th Birthday. (Supervisor Smith)

RECOMMENDATION: Adopt the Resolution.

E.                  DEPARTMENT REPORTS

Health and Human Services - Public Health

1.                   Report on Needle Exchange in Humboldt County from Health Officer

RECOMMENDATION: That the Board of Supervisors receive and file a report on needle exchange by Humboldt County Health Officer, Dr. Ann Lindsay.

F.                  MATTERS INITIATED BY BOARD MEMBERS

1.                   Letter to Senator Mike Thompson in Support of Legalizing, Regulating and Taxing Marijuana. (Supervisor Rodoni)

RECOMMENDATION: Authorize Chair to sign letter of support.

2.                   Standing Item--Reports on Board Member Travel at County Cost, Meeting Attendance, and Supervisorial District Matters

G.                 MATTERS SET FOR TIME CERTAIN

9:30 a.m. - BOARD OF SUPERVISORS

1.                   Humboldt County Human Rights Commission's Annual Report. (Supervisor Neely)

RECOMMENDATION: Hear the report and take appropriate action, if required.

H.                  CLOSED SESSION

1.                   Standing Item -- Report from Prior Closed Session (if required)

2.                   Standing Item -- Pursuant to Government Code Section 54957.6, Review the County's Position and Instruct Designated Representatives with Respect to the Various Forms of Compensation Provided to the County's Represented and Unrepresented Personnel.

3.                   Standing Item -- Conference with Legal Council on Pending, Threatened or Anticipated Litigation Pursuant to Government Code Section 54956.9

4.                   Pursuant to Government Code Section 54957.6, Conference with Labor Negotiator.It is the Intention of the Board of the Humboldt County Public Authority to meet in Closed Session to have a conference with its Labor Negotiator to review and instruct designated representatives with respect to the various forms of compensation provided to represented and unrepresented personnel of the Humboldt County Public Authority

5.                   Standing Item -- Conference with Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9 (a), County of Humboldt v. Robert C. Mckee; Humboldt Superior Court Case No. DR020825

6.                   It is the intention of the Board of Supervisors to meet in closed session to consider the appointment for the position of County Counsel pursuant to Government Code Section 54954.5

7.                   Conference with Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9(a), Humboldt Sunshine, Inc. v. County of Humboldt et al, Humboldt Superior Court Case No. CV070159

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

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 by 1:25 p.m.

 

J.                   ADMINISTRATIVE ABATEMENT HEARINGS

Code Enforcement Unit

1.                   Administrative Abatement Hearing - Dale Giulieri - A.P. # 106-021-056.

RECOMMENDATION: Authorize the cost of abatement to be advanced 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 the abatement.Approve the transfer from the Code Enforcement Trust Fund, account #344000 in the amount of $6,380 to the County Counsel's Professional & Special Services, account # 1100-121-2-118, to cover the cost of cleanup.

2.                   Administrative Abatement Hearing:County vs. Gregg Cagle A.P. #509-075-007

RECOMMENDATION: That the Board of Supervisors, pursuant to Humboldt County Code sections 351-21 and 351-22; find the conditions of the property of the subject premises constitute a public nuisance; order the property owner to abate all violations on or before August 29, 2007, including a final inspection by the Code Enforcement Unit; and order that, in the event such abatement is not commenced, prosecuted and completed by the property owner within the terms set by the Board, that the Code Enforcement Unit shall be empowered and authorized to abate such nuisance, and shall return to the Board for a consideration of an appropriation to abate such nuisance, and that the costs of abatement shall become a lien on the subject property.

K.                  PUBLIC HEARINGS

Community Development Services

1.                   Timber Falls Zone Reclassification.Case No. ZR-06-16, File No. APN 017-015-33, Eureka Area.

RECOMMENDATION: Introduce the proposed ordinance by title and waive the first reading.Based on the findings in the staff report and testimony approve the zone reclassification.Direct the Clerk of the Board to publish a summary of the ordinance along with a map of the property within 15 days after adoption of the ordinance.Direct the Clerk of the Board to record the minutes of the Board meeting that the ordinance has been duly published and to give notice to the applicant and any other interested parties.Direct the Clerk of the Board to give notice of the zone reclassification to the Assessor.

L.                   ADJOURNMENT

Any written materials related to an item on this agenda submitted to the Board of Supervisors less than 72 hours prior to the Board meeting, and that are public records subject to the Public Records Act, are available for public inspection in the Office of the Clerk of the Board at 825 5th Street, Suite 111, Eureka (476-2384), during normal business hours.

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.