HUMBOLDT COUNTY COURTHOUSE

SUPERVISORSí CHAMBER, FIRST FLOOR

825 FIFTH STREET

TUESDAY, SEPTEMBER 16, 2008

9:00 AM

 

A.                  SALUTE TO THE FLAG

B.                  AGENDA ADDITIONS AND/OR DELETIONS

C.                  SPECIAL PRESENTATIONS

D.                  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 Recognizing Pastor Tom Galovich (Supervisor Neely) (Supervisor Neely)

RECOMMENDATION: Ratify the Resolution.

2.                   Resolution of Commendation to John Roberts on his Retirement (Supervisor Smith)

RECOMMENDATION: Ratify Adoption of the Resolution.

3.                   Resolution of Commendation for Marjorie Roberts Upon Her Retirement (Supervisor Neely)

RECOMMENDATION: Adopt the Resolution.

4.                   Appoint Mary Coughlin to the Humboldt County Alcohol and Drug Advisory Board (Supervisor Neely)

RECOMMENDATION: Approve the Appointment.

Clerk of the Board

5.                   Approval of Board Orders - Meeting of September 2, 2008.

RECOMMENDATION: Approve the Board Orders, and authorize the Clerk of the Board and the Board Chair, to sign the minute book in accordance with California Government Code Section 25103.

6.                   Approval of Board Orders - Meeting of September 9, 2008

RECOMMENDATION: That the Board of Supervisors approve the Board Orders, and authorize the Clerk of the Board and the Board Chair, to sign the minute book in accordance with California Government Code Section 25103.

Community Development Services

7.                   Approve Agreement for Consultant Services for an Environmental Impact Report for the Beau Pre Heights Final Map Subdivision FMS-06-11, and Supplemental Budget (277) for Community Development Services' Planning Division

RECOMMENDATION: That the Board of Supervisors authorize the Chairperson of the Humboldt County Board of Supervisors to execute the attached Three-Party Agreement for Preparation of an Environmental Impact Report by a Special Services Consultant under Contract to the County (Agreement) (Attachment 1).The parties to this Agreement are the County of Humboldt (County), McKinleyville Murray Road, L.L.C. (Applicant), and Planwest Partners Consultants (Consultant); Authorize Trust Fund Account, No. 3575, be used as an escrow account for depositing payments from the Applicant for consulting services and for paying expenditures of Consultant for consulting service; Authorize an increase in Community Development Services - Planning Division's Professional Services Expense Account, Number 1100-277-2-118, in the amount of $49,950. Authorize the costs to be offset by an increase in Community Development Services - Planning Division's Revenue Account Number 110-277-608-061 in the amount of $49,950. Authorize the deposit of $6,354 into Community Development Services - Planning Division's Planning Services Revenue Account, Number 1100-277-608-000, by Applicant to reimburse the County for estimated staff costs to be incurred in processing the proposed project. ††††††††††† Authorize the Chairperson of the Board of Supervisors to execute for the County subsequent amendments to the Agreement as follows: a. Changes in Scope of Services (Attachment 1, Exhibit A) consistent with the overall project description;

b.†† Changes in Schedule of Performance (Attachment 1, Exhibit B) and Agreement for Special Services (Attachment 1, Exhibit C) amending interim completion dates, final completion date and county personnel services to administer the agreement; and c. Changes in total compensation not to exceed 50% of the amount of the original agreement. Any changes in terms of the Agreement, Scope of Services, Schedule of Performance, and Agreement for Special Services must be reviewed by County Counsel, and approved by Community Development Services - Planning Division, Consultant, and Applicant.The County shall not incur any additional costs as a result of subsequent amendments. (Note: No amendments are contemplated).

Cooperative Extension

8.                   Supplemental Budget Request

RECOMMENDATION: That the Board of Supervisors approve a supplemental budget request for Budget Unit 632; And Increase our Revenue Account No. 1100-632-523900 by $4,296; and Increase the appropriation of Travel Expense Account No. 1100-632-2125 by $4,296.

County Administrative Office

9.                   Garberville Sanitary District Water and Sewer Proposed Rate Increases

RECOMMENDATION: That the Board of Supervisors Support the Garberville Sanitary District (GSD) proposed water and sewer rate increases by submitting the attached ballot ; and Direct the Clerk of the board to submit the attached ballot to the GSD.

10.               Budget Adjustments FY 2007-2008 - Risk Management Division

RECOMMENDATION: That the Board of Supervisors approve a supplemental budget and appropriation transfers in the Risk Management Division for Fiscal Year (FY) 2007-08.

Health and Human Services - Public Health Branch

11.               Approval of the Contract with the California Department of Public Health for the Beach Act Monitoring and Notification Program Grant for Environmental Health's Consumer Protection Program, Fund 1175, Budget Unit 406, for the Period of October 1, 2008 through September 30, 2009

RECOMMENDATION: That the board of Supervisors approve Contract 08-85529 between the California Department of Public Health and Humboldt County for the Beach Act Monitoring and notification Program Grant for the period October 1, 2008 through September 30, 2009 in the amount of $25,000; authorize the Chairperson to sign four signature pages; Direct the Clerk of the Board to return four signature pages and Contract to Environmental health Division for execution.

Health and Human Services - Social Services Branch

12.               Approval Medi-Cal Data Privacy and Security Agreement with the California Department of Health Care Services

RECOMMENDATION: That the Board of Supervisors approve Medi-Cal Data Privacy and Security Agreement with the California Department of health Services; and Authorize the Director of the Social Services branch to sign two copies of the Agreement.

13.               Adjust Salary and Step Pursuant to Section 7 of the Humboldt County Salary Resolution

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RECOMMENDATION: It is recommended that the Board of Supervisors approve an advanced step placement for Kimberly Moe, Senior Office Assistant (class 0135, position 08, Range 302) to Step E effective June 29, 2008 pursuant to Section 7 of the Humboldt County Salary Resolution.

14.               Authorize the Director of Social Services Branch to sign the Satisfaction of Lien for Vernard C. Nichols

RECOMMENDATION: That the Board of Supervisors authorize the Director of Social Services branch, to sign the Satisfaction of Lien for Vernard C. Nichols.

Probation

15.               Disallocation of Seven 1.0 FTE Juvenile Corrections Officer Positions and Reduce FTE of a Vacant Juvenile Corrections Officer I/II Position

RECOMMENDATION: That the Board of Supervisors disallocate the following four 1.0 FTE Juvenile Corrections Officer I/II (salary range 289/309, class 0486) position in budget unit 254 effective immediately:Position Numbers 05, 04, 02 & 07; Disallocate the following three 1.0 FTE Juvenile Corrections Officer I/II (salary range 289/309, class 0486) position in budget unit 234 effective immediately: Position Numbers 12, 01, & 05; Reduce the vacant 1.0 FTE Juvenile Corrections Officer I/II (salary range 289/309, class 0486) position number 10 in budget unit 254 to 0.5 FTE effective immediately.

Public Works

16.               Sandpiper Final Map Subdivision (JLF Construction) APN 509-191-14, McKinleyville

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, E, F, & G for public utilities; Parcel B for non-vehicular access; Parcels C, D, & N for public road purposes ; and Parcel P for pedestrian purposes, all as shown on the subdivision map; Authorize the Chair to execute the Conveyance and Agreement; Direct the Clerk of the Board to transmit the subdivision map and the Conveyance and Agreement to the County Recorder for respective filing and recording.

17.               Pay Differential for Hank Seemann, Environmental Services Manager

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RECOMMENDATION: That the Board of Supervisors approve the continuation of the temporary increase in compensation of 10 salary ranges for Hank Seemann, Environmental Services Manager, from September 21, 2008 and continuing through December 27, 2008 or until a classification review of Mr. Seemann's position is completed, whichever occurs first, pursuant to Section 7 of the Humboldt County Salary Resolution.

Sheriff

18.               Approve Appropriation Transfers in Sheriff's Budget Unit 1100221 and 1100222 to ClearYear End Edits

RECOMMENDATION: That the Board of Supervisors approve appropriation transfers to clear year end edits by transferring funds from object and fixed asset accounts within same budget units.

19.               Approval of Agreement for Services with Securitas Security Services USA Inc. to Provide Courthouse Screening

RECOMMENDATION: That the Board of Supervisors authorize the Chair to execute the Agreement with Securitas Security Services USA, Inc. to provide security screening services at the 4th and 5th Street entrances to the Courthouse, upon approval of County Counsel, as to form, and the Risk Manager for insurance purposes.

E.                  DEPARTMENT REPORTS

County Administrative Office

1.                   Responses to the 2007-08 Grand Jury Report

RECOMMENDATION: That the Board of Supervisors review and modify the draft Board of Supervisors' responses to the 2007-08 Grand Jury Report, as needed; Approve the documents, as may be modified, as the response from the Board of Supervisors; Direct the Clerk of the Board, within five working days, to submit the final responses with an accompanying Board order, to the Presiding Judge of the Superior Court; and Direct the Clerk of the Board, within five working days, to submit two copies of all responses to the County Clerk/Recorder, one of which will be forwarded to the State Archivist, together with a copy of the original report.

Personnel

2.                   Revision of Ordinance Setting Compensation for the Board of Supervisors.

RECOMMENDATION: That the Board of Supervisors introduce the attached ordinance by title, waive the first reading thereof and schedule for adoption on October 21, 2008; Direct staff to post and publish in a newspaper of general circulation published in the County of Humboldt a summary of the ordinance at least give 5 days before the date set for adoption and again fifteen days after passage of the ordinance.

3.                   Ratification of 2008-2011 Memorandum of Understanding between the County of Humboldt and the Humboldt Deputy Sheriff's organization for Representation Unit 6

RECOMMENDATION: That the Board of Supervisors adopt Resolution No. ______ approving the Memorandum of Understanding for Unit 6 (Humboldt Deputy Sheriff's Organization); and Authorize the Chairman of the Board of Supervisors to execute the Memorandum of Understanding.

Public Works

4.                   Stop Intersection Designation for Heindon Road at Miller Lane

RECOMMENDATION: That the Board of Supervisors introduce the Ordinance by title, waive the first reading thereof, and set the ordinance for adoption at least one week away; Direct the Clerk of the Board to publish a summary at least five days before the date set for adoption and again fifteen days after adoption.

F.                  MATTERS INITIATED BY BOARD MEMBERS

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

G.                 MATTERS SET FOR TIME CERTAIN - NONE SCHEDULED

H.                  CLOSED SESSION

1.                   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.

2.                   Conference with Legal Counsel - Existing Litigation Pursuant to Government Code section 54956.9(a), Mercer, Fraser Co. and O&M Industries, v. County of Humboldt, United States District Court, Northern District of California, Case No. CV 08- 4098 SI.

RECOMMENDATION:

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 - NONE SCHEDULED

K.                  PUBLIC HEARINGS

County Administrative Office

1.                   Public Hearing to Consider Adoption of an Ordinance for the 2008-09 Update of the Humboldt County Schedule of Fees and Charges

RECOMMENDATION: That the Board of Supervisors open the public hearing and receive the staff report and public comments; Close the public hearing; Approve the new, increased, decreased, deleted or changed fees, as shown in the 2008-09 Humboldt County Schedule of Fees and Charges; Introduce by title, Ordinance No. ____ updating the Humboldt County Schedule of Fees and Charges for 2008-09, waive the first reading of the ordinance and adopt the ordinance; Direct the Clerk of the Board, within 15 days, to publish a post - adoption summary of the ordinance with the names of the Supervisors voting for and against the ordinance, and to post in the office of the Clerk of the Board a certified copy of the full text of the adopted ordinance and amendments along with the names of those Supervisors voting for and against the ordinance [ Government Code Section 25124 (b)(1)].

Community Development Services

2.                   Adopt Resolutions Authorizing the Submission of Two Community Development Block Grant (CDBG) Planning & Technical Assistance Grant Applications for a Variety of Studies Serenity Inn Renovation Planning Study,Multi-Family Property Acquisition & Rehabilitation Feasibility Study, Emergency Shelter Transitional Housing Study, Orick FEMA Levee Certification Technical Study, and Weott Broadband Access Plan.

RECOMMENDATION: That the Board of Supervisors receive staff report; Open the public hearing and receive public testimony; close the public hearing; Adopt Resolution No. ___ a. authorizing the submission of a $62,895 application for the 2008/2009 CDBG General Allocation Planning and technical Assistant grant for; I. Rehabilitate an existing homeless facility; ii. Multi - Family Rehabilitation, Developing a program; iii. Housing Element Update-Serving the Chronically Homeless b. Allocating $1258 from the Economic Development Set-Aside Fund; c. Authorization for the Community Development Services Director to sign grant paperwork, and any contracts or subrecipient agreements to implement the grant after review by County Counsel and Risk Management; Adopt Resolution No. ___ a. Authorizing the submission of a $70,000 application for the 2008-2009 CDBG Economic Development Planning and Technical Assistant grant for I. Improvement of a downtown levee system to support business expansion; ii. Analysis of Existing Telecommunications infrastructure b. Allocating $1,400 from the Economic Development Set-Aside Fund; and c. Authorize the Community Development Services Director to sign grant paperwork, and any contracts or subrecipient agreements necessary to implement the grant after review and approval by County Counsel and Risk Management.

3.                   Adopt Ordinance Establishing Procedures and Requirements for Consideration of Development Agreements (Development Agreement Enabling Ordinance)

RECOMMENDATION: That the Board of Supervisors re-open the public hearing, receive and consider the staff report and proposed determination of non-project status under the California Environmental Quality Act (CEQA), and accept public comment; Close the public hearing; Adopt the resolution certifying compliance with CEQA, making the findings for adoption of the ordinance, and adopting a resolution of submittal to the California Coastal Commission; Adopt Ordinance No. ____ Establishing Procedure and Requirement s for Consideration of Development Agreements by adding Title II, Division 17, Chapter 1, Section 2131-1 through 2131-18 to the Humboldt County Code; Direct the Clerk of the Board to give notice of the decision to the applicant and any other interested party and to publish summaries of the ordinance five days prior to and within fifteen days after adoption by the Board.

Public Works

4.                   Consistencyof the Construction of Residential Units within the Airport Business Park Subdivision in Mckinleyville with the Arcata-Eureka Airport Land Use Compatibility Plan, APN 511-461-15, Et Al.

RECOMMENDATION: That the Board of Supervisors adjourn as the Humboldt County Board of Supervisors; Convene as the Governing Board of the Humboldt County Airport Land Use Commission and Consider the following agenda: a. consistency of the construction of residential units, within the Airport Business Park Subdivision in McKinleyville with the Arcata - Eureka Airport Land Use Compatibility Plan; b. Find the proposed project is inconsistent with the Arcata-Eureka Airport Land Use Compatibility Plan; c. Direct staff to notify the Humboldt County Board of Supervisors of the Airport Land Use Commission's determination.Public Appearance; Adjourn as the Governing Board of the Humboldt County Airport Land Use Commission; Reconvene as the Humboldt County Board of Supervisors.

L.                   OPTIONAL ITEM

M.                 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.