HUMBOLDT COUNTY COURTHOUSE

SUPERVISORSí CHAMBER, FIRST FLOOR

825 FIFTH STREET

TUESDAY, JUNE 12, 2001

9:00 AM

 

A.                  OPENING CEREMONIES

1.                   Salute to the Flag

2.                   Invocation by the Pastor Chuck Starnes of the Centerpointe Church in Eureka

B.                  AGENDA ADDITIONS AND/OR DELETIONS

1.                   Letter to Mary Nichols State Secretary of Resources requesting assistance with mediation on court cases regarding the Klamath River allocation

RECOMMENDATION: Send letter to Mary Nichols State Secretary of Resources.

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.

Administrative Services

1.                   Appropriation transfer and services agreement for ADA survey of facilities

RECOMMENDATION: Approve services agreement and transfer $141,225 from contingency.

Agricultural Commissioner

2.                   Funding agreement for pest detection activities related to insect trapping

RECOMMENDATION: Approve agreement with State Department of Food and Agriculture.

Auditor-Controller

3.                   Resolution establishing the County appropriation limit for 2001-02.Each year the County is required to adopt a resolution establishing the County's appropriation limit in accordance with the provision of Section 7910 of the Government Code.I have calculated the County's 2001-02 appropriations limit, also known as the Gann Spending Limit to be $57,022,080.

RECOMMENDATION: Adopt Resolution No. 01-44.

Board of Supervisors

4.                   Letter of Appreciation to Gail Nickerson for service on Mental Health Board (Supervisor Woolley)

RECOMMENDATION: Authorize Chair to sign letter of appreciation.

Clerk of the Board

5.                   Resolution from the Peninsula Union School District requesting that the County consolidate the District's general obligation bond election with the election occurring on November 6, 2001

RECOMMENDATION: Approve request as conditioned.

6.                   Approval of the Board Orders from the Meeting of June 5, 2001

RECOMMENDATION: Approve the Board Orders.

Employment Training

7.                   Program Year 2001/2002 Title I WIA Master Subgrant Agreement No. R275839

RECOMMENDATION: Approve agreement with the Employment Training Department to provide services to youth, adults and dislocated workers residing in Humboldt County.

8.                   Subagreement between the County of Humboldt and the Northern Rural Training and Employment Consortium (NoRTEC)

RECOMMENDATION: Approve subagreement for caregiver training programs.

9.                   Cost reimbursement subagreement with College of the Redwoods for the period July 1, 2001 through June 30, 2002.The Employment Training Department provides employment training services to unemployed and underemployed Humboldt County residents.These services include vocational training at College of the Redwoods.

RECOMMENDATION: Approve cost reimbursement subagreement with College of the Redwoods.

Health and Human Services - Administration

10.               Decrease allocation of Psychiatric Nurse from 1.00 FTE to .50 FTE for the Managed Care Program

RECOMMENDATION: Approve decrease in allocation.

11.               Service Agreement with St. Joseph Hospital for Inpatient Services.In order to continue to qualify for Medi-Cal certification, the department must illustrate our ability to function as a free standing hospital.In the department's case, this can only be achieved by entering into an agreement with a hospital to provide those services they cannot offer themselves such as surgery, radiology, etc.The agreement with St. Joseph Hospital would meet the requirement.This is the same agreement entered into thrice previously and would continue the arrangement for two more years.The relationship has worked well.

RECOMMENDATION: Approve service agreement.

Health and Human Services - Mental Health Branch

12.               Mental Health Branch Charge Rate Schedule.Medi-Cal and Medicare regulations require charges for services that are Medicaid reimbursable be based on actual cost of service. Proposed billing rates for 2001-02 are calculated using the estimated cost of services, divided by the estimated number of services to be provided in each mental health mode of service and by utilizing the historical cost of services as a comparative.

RECOMMENDATION: Approve rate schedule.

Health and Human Services - Public Health Branch

13.               Month-to-Month Lease for Modular Office (Fund 1175, Budget Units 412 and 488) The Public Health Branch's Health Education Program's Tobacco Education, Domestic Violence Prevention and Lead Education has occupied the 12' by 50' modular office for over seven years located at 529 I Street, Eureka, CA.The current three-year lease expires on June 30, 2001.The modular office provides working space for 5 people.It is anticipated that the Health Education Program will be moving to a new location within the coming year.A month-to-month agreement will allow termination of the lease when the program moves.

RECOMMENDATION: Approve lease agreement with Johnson's Mobile Solutions.

14.               North Coast Project leaders encouraging activity and nutrition Program LEAN.

RECOMMENDATION: Approve contract no. 01-15284 with State Dept. of Health Services.

15.               Allocation of two positions for No More Falls! Senior Injury Prevention Project Unit 417 Preventive Health Care for the Aging Program for the period of February 1, 2001 through June 30, 2003.

RECOMMENDATION: Allocation a Community Health Outreach Worker I/II and a Public Health Nurse.

16.               Corrections for the Medically Vulnerable Infant Program, Budget Unit 405.The Health Branch Medically Vulnerable Infant Program identifies high-risk infants and provides multiple assessments, selected interventions and case management services.Program services assist families in meeting the needs of their high-risk infants, acknowledging the role of the parent(s) as primary caregiver.The Medically Vulnerable Infant Program is based on the premise that there is a greater potential for promoting the infant's normal development by selecting a group of infants early in the neonatal period who may be at risk for developmental or physical problems.On March 6, 2001 the Board approved Contract #00-91274 for this program.The State has made several revisions to the original contract and is asking for approval of these changes.these changes do not have a financial impact on the program.

RECOMMENDATION: Authorize Chair to sign correction letter.

17.               Purchase of fixed assets for the California Childrens Services Program and purchase of three computers.

RECOMMENDATION: Approve supplemental budget for purchase ($17,091)

18.               Purchase of fixed assets for the Maternal and Child Health Program.The Maternal and Child Health Branch of the State Department of Health Services has approved the FY 2000-01 budget for the Maternal and Child Health Program Fund 1175 Budget Unit 420.This approved budget differs from the one adopted by the Board in the FY 2000-01 budget process.The following supplemental budget, Attachment I, aligns the County budget with the State approved budget for FY 2000-01.The budget includes the purchase of five computer systems.The MCH Program is funded utilizing state, federal, private foundation, other local funding and realignment dollars.

RECOMMENDATION: Approve supplemental budget for said purchase.

19.               Temporary increase in pay for Assistant Director Administration, Health and Human Services, Linda Hartman.Linda Hartman has been appointed to the newly allocated DHHS Assistant Director-Administration position effective with the pay period beginning May 27, 2001.In addition, to her new duties, she will continue to function as Mental Health Branch Director until such time as the DHHS Deputy Director Mental Health Branch position is filled and the appointee oriented to the position.It is requested that she continue to be compensated at the Mental Health Director pay rate during this period.

RECOMMENDATION: Approve temporary increase as stipulated.

Health and Human Services - Social Services Branch

20.               Humboldt County Child Abuse Prevention coordinating Council (CAPCC) recommendation for grants.

RECOMMENDATION: Approve recommendations provided by Children's Trust Fund Review Committee for North Coast Rape Crisis Team, Boys and Girls Club and Court Appointed Special Advocacy grants totaling $18,000 for child abuse prevention, intervention and treatment programs.

21.               Contract for providing training to eligibility and employment services staff ($60,900)This contract provides for twenty one days of on-site training for our staff.The training was chosen to meet the needs of the staff as determined by the departmental needs assessment.They rely on UC Davis to provide high quality training that is specifically geared to meet the needs of the staff.UC Davis has been granted an exception from the Humboldt County Nuclear Free Ordinance.

RECOMMENDATION: Approve contract with the University of California, Davis.

22.               Reclassify Homemaker positions to Vocational Assistant positions.There are four Homemaker positions that are no longer needed at the Children's Shelter, and Merit System Services has approved reclassifying them to Vocational Assistant positions, so the incumbents may work in the Social Services Branch main office.This requires a Board order.

RECOMMENDATION: Approve reclassification.

23.               Donation of a 2001 Kia Sportage to Motor Pool for Capitalization and maintenance.

RECOMMENDATION: Approve donation to motor pool.

Library Services

24.               Schedule of Open Hours for the McKinleyville and Fortuna Branch Libraries

RECOMMENDATION: Reschedule for the meeting of June 19, 2001.

25.               Fortuna Branch Library Windows.The Fortuna Branch Library has air circulation problems which can be resolved by changing four windows so they can be opened.Installing these windows also should help reduce the temperature during the summer, thus minimizing use of electrical energy to run fans.Since it is too late in Fiscal Year 2000-2001 to have the parts ordered and work done by June 30, Library staff is requesting authorization of the supplementary budget to be effective July 2, 2001.The work then can be done as early as possible in the new fiscal year.

RECOMMENDATION: Approve supplemental budget.

Probation

26.               Supplemental budget of $92,170--from Juvenile Regional Facility trust account 3782.Vacant positions, 5-week CORE training, and retirements have resulted in the use of extra help and overtime dollars.As mentioned in the previous agenda item on March 20, 2001, due to the continued Juvenile Hall overcrowding, additional funds are required to cover the costs of minors placed in out-of- county camps and the California Youth Authority.Additional funds are needed to cover the lease of the J Street office as the Juvenile Repeat Offender Prevention Program staff has moved to another location resulting in the loss of grant dollars to help cover the J Street costs.Additional out-of-county transportation funds are needed to cover the cost of transporting minors to out- of-county placements.

RECOMMENDATION: Approve supplemental budget.

Public Works

27.               Supplemental budget request for Motor Pool.Fuel costs have gone up dramatically since the budget was adopted.Operating costs were not adjusted up at midyear to compensate for the fuel increase.The requested supplemental budget is needed to provide funding for the purchase of fuel for the remainder of the fiscal year.Motor Pool operating revenue is being increased by $5,000.Reimbursements from other agencies for service agreements is higher than expected by $10,000.Revenue received through the Risk Manager for repair of vehicles damaged in accidents is $20,000 more than anticipated.

RECOMMENDATION: Approve supplemental budget.

28.               Resolution to apply for grant funds from the per capita program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000

RECOMMENDATION: Adopt Resolution No. 01-45

29.               Resolution to administer the completion and maintenance of a bicycle route improvement project on Airport Road between Letz Road and Central Avenue

RECOMMENDATION: Adopt Resolution No. 01-46.

30.               Structural modification to three County Bridges, 4C071, 4C099, 4C127, County Project Number 594006.The work of HSH Construction Co., Contractor for the bridge repairs, has been successfully completed.The work was for Structural Modification to three County Bridges, 4C071, 4C099, 4C127.The contract was awarded per Board Order C-45, August 29, 2000.

RECOMMENDATION: Accept completed contract with HSU Construction Company Contractor.

31.               Advanced Step appointment to Step C for Dan Bylin, Park Caretaker.The advanced step appointment is requested because Mr. Bylin has over 12 years of comparable park caretaker experience working for San Diego City.

RECOMMENDATION: Approve request retroactively to May 21, 2001.

32.               Lease Agreement with McKinleyville Rodeo Association Incorporated

RECOMMENDATION: Approve lease agreement with the McKinleyville Rodeo Association.

33.               Federal Aviation Administration Grant for Land Purchase.On September 25, 2000, the Chair of the Board accepted an Airport Improvement Program grant for the purchase of clear zone property at the Rohnerville Airport.That property was sold before the County could purchase it.On March 16, 2001 Aviation requested to change the location of the property purchase to the Arcata Airport clear zone.That request resulted in the Grant Agreement.

RECOMMENDATION: Approve agreement with the Federal Aviation Administration and adopt a supplemental budget of $220,000.

34.               Proposed acquisition of property at 4412-4424 Kjer Road, McKinleyville, CA Arcata/Eureka Airport departure zone Runway 32.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.The administrator for the estate of Billie R. Dean 4412-4424 Kjer Road notified the County that the estate intended to sell the property.

RECOMMENDATION: Hold public hearing on July 10, 2001.

35.               Construction of culvert replacement at Clear Creek on Mattole Road; Contract 200306

RECOMMENDATION: Reschedule for the meeting of June 19, 2001.

36.               Construction of Hammond Trail (Fischer Road segment) Project No. RPL-5904 (043)

RECOMMENDATION: Reschedule for the meeting of June 19, 2001.

37.               Construction of Bear Canyon Bridge (4C129) County Project Number 940129.The work of MCM Construction Inc. Contractor for the Bear Canyon Bridge has been successfully completed.The work was for construction of the Bear Canyon Bridge.The contract was awarded per Board Order C-31, June 6, 2000.

RECOMMENDATION: Accept completed contract with MCM Construction Inc. Contractor.

38.               Assignment of Earl Ward, Bridge Maintenance Worker, as Bridge Crew Supervisor.Fred Vader, Bridge Crew Supervisor, will be absent from work on medical leave commencing May 31, 2000.Mr. Earl Ward has been designated to perform the duties of Bridge Crew Supervisor during Mr. Vader's absence and Mr. Ward should be compensated for duties to be performed until Mr. Vader is able to return to work anticipated to be by December 2001.

RECOMMENDATION: Approve assignment as stipulated.

Sheriff

39.               Acceptance of Office of Justice Programs (OJP) needs assessment subgrant; and supplemental budget in the amount of $6,107.

RECOMMENDATION: Accept subgrant and adopt supplemental budget of $6,107.

40.               Supplemental budget in Sheriff's budget unit 1100-221 in the amount of $4,890 to reimburse for the purchase of SCOP uniforms.In April of 2001 the Department purchased new uniforms for the 25 graduates of the latest SCOP Academy.The Program has grown faster than was anticipated and the expense for uniforms has caused an overdraft in their operating account.

RECOMMENDATION: Approve supplemental budget.

41.               Authorization to sign a corrected project agreement (OR-437) from the State Department of Parks off-highway motor vehicle recreation division, and reverse supplemental budget in the amount of $12,000.

RECOMMENDATION: Grant authorization and approve reverse supplemental budget.

42.               Supplemental budget in Sheriff's budget unit 1100-221 in the amount of $1,850 for the purchase of safety headphones, chairs, scanners and vehicle emergency lights for the court services section.

RECOMMENDATION: Purchase equipment by adoption supplemental budget of $1,850.

43.               Acceptance of Office of Criminal Justice Planning Grant for marijuana suppression program--Fiscal 2001/2002

RECOMMENDATION: Accept grant of $250,000.

44.               Renewal of operating and financial plan for Cooperative Patrol Agreement 05-10-85-01 between the United States Forest Service, Six Rivers National Forest and the County of Humboldt Sheriff's Department.

RECOMMENDATION: Approve agreement with the U.S. Forest Service Six Rivers National Forest.

45.               Donation of Off-highway vehicle/Beach patrol vehicle to County Motor Pool

RECOMMENDATION: Donate Jeep Wrangler to the County Motor Pool.

46.               Renewal of operating and financial plan for controlled substances from United States Department of Agriculture Forest Service for 2001.

RECOMMENDATION: Approve agreement with the U.S. Department of Agriculture Forest Service

47.               Agreement between Diamond Back Entertainment and the County of Humboldt Sheriff's Department to reimburse for law enforcement services.

RECOMMENDATION: Approve agreement for reimbursement of law enforcement services.

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)

3.                   Cummings Road Water System.In 1991, Humboldt County installed water facilities in the upper end of Cummings Road at the landfill and in Wood Creek.These facilities included a waterline to serve sixteen homes on upper Cummings Road.The HCSD provides water to this water line.On May 14, 1990 the Board ordered that the water line be transferred upon closure of the landfill.The landfill is essentially closed.The Department recommends the Board direct the Department to initiate the process for transferring the water line to the HCSD.

RECOMMENDATION: Direct Public Works to initiate process for rate increase equal to that of Humboldt Community Services District for sixteen houses on Cummings Road hooked up to the County's waterline and begin process of turning over the County's waterline to the HCSD.

4.                   Request to Corps of Engineers for study of Mad River/Clam Beach/Razor Clam Complex.On September 10, 2000 a meeting was hosted by the Committee to Restore Clam Beach and the Pacific Razor Clams at Sam Merryman's beach house to discuss stabilizing the meandering mouth of Mad River and restore razor clams to Clam Beach.

RECOMMENDATION: Send a letter requesting the Corps fund a reconnaissance study on the feasibility of stabilizing the mouth of Mad River and restoring Pacific Razor Clams to Clam Beach.The letter shall contain language stating the Board's non-commitment as to the results of the study.

Community Development Services

5.                   Final reconciliation of Economic Development Division Accounts.The Board report summarizes the results of the financial review of the Economic Development Division conducted as a part of the re-organization with the Planning and Building Department.The recommended actions are necessary to closeout inactive trust funds and grants associated with the historical activities of the Economic Division.

RECOMMENDATION: Approve final reconciliation as recommended in staff report (Nos. 1-8)

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 report)

F.                  MATTERS SET FOR TIME CERTAIN

County Administrative Office10:30 A.M.

1.                   Shively Bridge Insurance FY 2001-2002.The community of Shively is currently served by a county road that winds ten miles along the east side of the Eel River.This is a year round road.For many years, from at least the mid 50's to mid 80's a summer bridge was installed acrossthe Eel River linking Shively with Pepperwood and Highway 101.This bridge was installed as a community service by residents of Shively, Pacific Lumber and the County.The County used a section of the government code that allowed the general fund to contribute to summer bridges.After the cost of permits skyrocketed, the County was forced to reconsider if it would participate in the annual placement of the bridge.The County extricated itself from the project.

RECOMMENDATION: Reaffirm decision to require separate insurance policy to cover County's $150,000 self-insured retention for any loss involving the bridge or approaches.Reaffirm decision to require Shively Bridge Committee to be responsible for insurance premium and deductible for separate policy.Require the committee/community to post $10,000 bond.Direct that committee/community pay $1,000 for insurance coverage costs, with balance paid by the County.

Administrative Services 11:00 A.M.

2.                   Redistricting.The Census data confirms anecdotal wisdom that most of the county's growth in the past 10 years occurred in McKinleyville

RECOMMENDATION: Adopt a minimalist approach which would require moving about 75 people from the Second District to the First District.

Board of Supervisors 11:30 A.M.

3.                   Presentation by the Garberville Chamber of Commerce regarding Expenditure of Transient Occupancy Tax.Janis Tillery of the Garberville Chamber of Commerce to present to the Board how Transient Occupancy Tax funds were expended. (Supervisor Rodoni)

RECOMMENDATION: Hear the presentation.

G.                 CLOSED SESSION

1.                   Report from prior Closed Session.(None)

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.(if required)

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

4.                   Conference with Legal Counsel--initiation of litigation pursuant to Government Code Section 54956.9(c); (One case) (Initiate litigation)

5.                   Conference with Legal Counsel--existing litigation pursuant to Government Code Section 54956.9(a); Arcata Redimix v. County of Humboldt et al. Humboldt County Superior Court Case No. CU00434.(Hire Bill Bragg to defend County.)

6.                   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 Government Code Section 54954.5(No final action taken.)

7.                   It is the Board of Supervisors intention to meet in Closed Session to consider Public Employee Performance Evaluation for position of Clerk of the Board pursuant to Government Code Section 54954.5.(No final action taken.)

H.                  PUBLIC APPEARANCES--9:05 A.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.

 

1.                   Ed Salsedo reported that the number of tourists at Freshwater Spit during the 2001 Memorial Day weekend was drastically down from previous years.He stated his grave concerns on how this impacts the economy of Orick.He submitted a petition which asked the Board of Supervisors to address issues surrounding these concerns and other issues affecting the economic vitality of the community of Orick.He also submitted a copy of a letter sent by the Save Orick Committee to President George W. Bush pertaining to their belief that the Federal Government's public land policies have had a negative impact on small lands in the U.S.A.

I.                     PUBLIC HEARINGS 1:30 P.M.

Community Development Services

1.                   Housing and Community Development Community Development Block Grant Revolving Loan Funds Reuse Plan.The Board guides the spending of income generated by the repayment of loans initially made with Housing and Community Development (HCD) Community Development Block Grants.These funds are called Program Income and they are maintained in a Revolving Loan Fund.The Economic Division staff recently audited the housing RLF and the economic development RLF.Each fund has a balance of approximately $100,000.

RECOMMENDATION: Adopt the 2001/2002 Reuse Plan.

2.                   Appeal of the Planning Director's determination that the Patricia Peterson (Stafford area) tentative map for the minor subdivision of a ten 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.

RECOMMENDATION: Uphold the Planning Director's decision and deny the appeal.(Supervisor Rodoni did not participate in this public hearing due to a conflict of interest.)

J.                   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.