HUMBOLDT COUNTY COURTHOUSE

SUPERVISORS’ CHAMBER, FIRST FLOOR

825 FIFTH STREET

TUESDAY, SEPTEMBER 23, 2008

9:00 AM

 

A.                  SALUTE TO THE FLAG

B.                  SUPPLEMENTAL ITEMS

1.                   Appoint David Heise to the Humboldt County Human Rights Commission. (CONSENT)

RECOMMENDATION: Approve the appointment of David Heise to the Humboldt County Human Rights Commission.

2.                   Approve License and Support Agreement with Reverse 911 for Telephone Emergency Notification System (TENS) - (CONSENT)

RECOMMENDATION: That the Board of Supervisors approve license and support agreement with Reverse 911 for telephone emergency notification system; and authorize the Sheriff to sign the Reverse 911 License and Support Agreement.

C.                  SPECIAL PRESENTATIONS

1.                   Proclaim September 21 - 27, 2008 as Child Passenger Safety Week in Humboldt County. (Supervisor Geist)

RECOMMENDATION: Adopt the Proclamation.

2.                   Resolution Recognizing the 2008 Annual North Coast Stand Down. (Supervisor Smith)

RECOMMENDATION: Adopt the Resolution.

3.                   Resolution of Commendation to Shelley Morrison on her Retirement. (Supervisor Woolley & Supervisor Neely)

RECOMMENDATION: Adopt the Resolution.

4.                   Resolution of Commendation to Richard Hendry on his Retirement. (Supervisor Woolley & Supervisor Neely)

RECOMMENDATION: Adopt the Resolution.

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.

Agricultural Commissioner

1.                   Approval of Collection Agreement No. 08-CO-11051000-028 between the Humboldt County Agricultural Commissioner and the united States Forest Services (U.S.F.S)

RECOMMENDATION: That the Board of Supervisors approve U.S.F.S. Collection Agreement No. 08-CO-11051000-028; Authorize the Board Chair to sign the Collection Agreement; Direct the Clerk of the Board to return the agreement to the Agriculture Department for further processing.

Assessor

2.                   Position Reallocation

RECOMMENDATION: That the Board of Supervisors reallocate the Data Entry Operator I/II (salary range 240/274, class 0137, 302) position currently occupied by Priscilla Johnston in budget unit 113 to Assessment Technician I/II (salary range 252/277, class 0172) effective the beginning of the bi-weekly pay period following approval.

Auditor-Controller

3.                   Payroll Clearing Appropriation Transfer for Fiscal Year 2007-2008

RECOMMENDATION: That the Board of Supervisors approve the attached appropriation transfer for $175,213; Authorize the Auditor - Controller to make minor budget adjustments as needed to provide sufficient appropriations to cover actual expenditures for fiscal year 2007-2008.

4.                   2008-2009 Appropriation Limits

RECOMMENDATION: That the Board of Supervisors schedule this matter on October 7, 2008, to adopt and approve the attached resolution and schedules setting forth the 2008-2009 appropriation limits as established by Article XIIIB of the California Constitution and direct the Clerk of the Board to post notice of the October 7, 2008 date and make the supporting worksheets for those limits available for public inspection during regular work hours.

Board of Supervisors

5.                   Continuation of Emergency - Closure of Martin's Ferry Bridge. (Supervisor Geist)

RECOMMENDATION: Declare that a local state of emergency, Per Resolution #07-08, remains in effect until October 7, 2008.

6.                   Letter of Appreciation to Leonard J. Schaal for Serving on the Humboldt County Assessment Appeals Board. (Supervisor Smith)

RECOMMENDATION: Authorize Chair to sign Letter of Appreciation.

7.                   Letter of Appreciation to John Corbett for Serving on the Humboldt County Assessment Appeals Board. (Supervisor Geist)

RECOMMENDATION: Authorize Chair to sign Letter of Appreciation.

8.                   Letter of Appreciation to Congressman Mike Thompson for his Leadership and Support of Legislation to continue funding for the Secure Rural Schools and Communities Act (SRSCA) and Payment in Lieu of Taxes (PILT) for 2009. (Supervisor Woolley)

RECOMMENDATION: Authorize Chair to sign letter of appreciation.

9.                   Letter of Support for the Human Rights Commission's Funding Request to the Humboldt Area Foundation and the McLean Foundation for the Purpose of Establishing a Pilot Program Implementing Law Enforcement/Police Auditing in Conjunction with a Citizen's Advisory Group. (Supervisor Neely)

RECOMMENDATION: Authorize Chair to sign letter of support.

Clerk of the Board

County Counsel

10.               Resolution Amending Resolution No. 06-85 of the Conflict of Interest Code for the County of Humboldt

RECOMMENDATION: That the Board of Supervisors adopt the Resolution Amending Resolution No. 06-85 of the Conflict of Interest Code for the County of Humboldt.

District Attorney

11.               Allocate one Full-Time Investigator (District Attorney) Fund 1100, Budget Unit 205, District Attorney, Workers Compensation Fraud Program Grant

RECOMMENDATION: That the Board of Supervisors approve the allocation of one full-time investigator (District Attorney) (salary range 399, class 0412) position in Budget unit 205 effective immediately; Adopt the attached supplemental to provide funding for the position.

Elections

12.               Appropriation Transfer to Cover Overdrafts for FY 2007/08

RECOMMENDATION: That the Board of Supervisors approves the attached appropriation transfer from the Clerk/Recorder's budget (1100271) to the Election budget (1100140) for the purpose of closing the FY 2007/08 budget.

Health and Human Services - Public Health Branch

13.               Continuation of Local State of Emergency - Smoke and Fires

RECOMMENDATION: That the Board of Supervisors consider the need for continuing the local emergency declared by the Board of Supervisors on July 22, 2008 in response to the conditions of extreme peril to the safety of persons and property caused by the smoke and fires ignited by lightning on or about June 20, 2008; and Adopt Resolution No. ____ extending the declaration of the existence of a local emergency for an additional fourteen (14) days.

14.               Approval of Contract with the State Department of Fish and Game for the Local Assistance Grant for Area Contingency Plan  (ACP) Planning for Environmental Health's Hazardous materials Programs, Fund 1175, Budget 411, for the period of July 1, 2008 through June 30, 2009

RECOMMENDATION: That the Board of Supervisors approve Contract S0875018 between the State Department of Fish and Game and Humboldt County for the local Assistance Grant for Area Contingency planning for the period of July 1, 2008 through June 30, 2009 in the amount of $5,000; Authorize the Chair to sign all six signature pages; and Direct the Clerk of the Board to return the original contract with six signature pages to DHHS, Environmental Health Division for Execution.

Health and Human Services - Social Services Branch

15.               Signature on Notice of Intent Regarding CAPIT / CBCAP/ PSSF Plan Contracts for Humboldt County for  State Fiscal Years 2008 through 2010

RECOMMENDATION: That the Chair of the Board of Supervisors sign the Notice of Intent regarding CAPIT / CBCAP/ PSSF Plan Contracts for Humboldt County - State Fiscal Years 2008 through 2010. This form notifies the California Department of Social Services / Office of Child Abuse Prevention (OCAP) that the Humboldt County  intends to contract with public or private nonprofit agencies to provide services instead of subcontracting with another county to provide administrative oversight of the projects; Direct the Clerk of the Board to route signed copy of the Notice of Intent Regarding CAPIT/CBCAP/PSSF Plan Contracts for Humboldt County for State Fiscal years 2008 through 2010 to the Social Services Branch Director.

Library Services

16.               Software Maintenance Agreement with Innovative Interfaces, Inc.

RECOMMENDATION: That the Board of Supervisors approve the attached Software Maintenance Agreement with Innovative Interfaces, Inc. for maintaining the software that operates the Library's collection management system; Authorize the Chairperson to sign three (3) copies of the attached Software Maintenance Agreement; and Direct the Clerk of the Board to return two of the signed copies of the Software Maintenance Agreement to the Library.

Personnel

17.               Renewal of Test Use Agreement with Cooperative Personnel Services

RECOMMENDATION: That the Board of Supervisors authorize the Personnel Director to execute the attached Test Use Agreement with Cooperative Personnel Services.

18.               Amendment to memorandum of Understanding for Representation unit 7 (Law Enforcement management) Regarding Salary Adjustments for Certain Classifications

RECOMMENDATION: That the Board of Supervisors adopt Resolution No. _____ approving the Amendment to the Memorandum of Understanding for Unit 7 (Law Enforcement Management) providing for salary adjustments for certain classifications; and Authorize the Chairman of the Board of Supervisors to execute the Amendment to the Memorandum of Understanding.

19.               Addendum to Memorandum of Understanding between the County of Humboldt and the County of Siskiyou for Agricultural Commissioner / Sealer Services

RECOMMENDATION: That the Board of Supervisors approve the Addendum to Memorandum of Understanding between the County of Humboldt and the County of Siskiyou regarding Siskiyou County providing Agricultural Commissioner / Sealer services to Humboldt County ; and Authorize the County Administrative Officer to execute the Addendum to Memorandum of Understanding.

Probation

20.               Transfer to Establish Fixed Asset Account for Receptionist Are in Leased Facility for Probation Adult Services

RECOMMENDATION: That the Board of Supervisors approve the following transfer to establish a fixed asset account for construction of a receptionist area at the leased facility located at 555 "H" Street , Eureka:  From: 1100235-2317 - Office Expense - $11,600; To: 1100235-8998 - Fixed Asset Reception Area $11,600.

Public Works

21.               Stop Intersection Designation for Heindon Road at Miller Lane

RECOMMENDATION: That the Board of Supervisors adopt Ordinance No. ____.

22.               Mad River Streambank Protection Project - Director's Action Report

RECOMMENDATION: That the Board of Supervisors receive this Public Works update on actions taken by the Director of Public Works under Resolution No. 08-68 adopted by the Board of Supervisors on August 5, 2008 and in accordance with Section 22050 of the Public Contract Code.

Sheriff

23.               Accept Donation of 2008 Ford F350 Crew Cab 4x4 by County Motor Pool and Assign Vehicle to the Humboldt County Sheriff's Office

RECOMMENDATION: That the Board of Supervisors accept donation of 2008 Ford F350 4x4 Crew Cab (VIN# 1FTWW31Y28EE54845) pickup by the Humboldt County Sheriff’s Search and Rescue Posse to the County motor Pool so the vehicle will be properly maintained and capitalized for future replacement; Assign the vehicle to the Sheriff’s Office for use in search and rescue activities; Approve supplemental budget in Budget Unit 1100 221 in the amount of $5,225.

E.                  DEPARTMENT REPORTS

Community Development Services

1.                   Extend Humboldt County Fire Safe Council for Additional Two Years and Renew Appointments

RECOMMENDATION: That the Board of Supervisors receive the Staff Report and a Presentation from the Humboldt County Fire Safe Council (FSC); Adopt the resolution as amended in attachment 1 that would extend the FSC and additional 2 years and add a California State Parks representative to the FSC composition; Make the appointments to the FSC as proposed in Attachment 2; Direct the Community Development Services - Planning Division to recruit for nominations to fill vacancies on the FSC; and Direct the Clerk of the Board to post a vacancy announcement and schedule the appointment of the new FSC members no later than the first Board meeting of 2009 (January 6, 2009).

Public Works

2.                   Potter Valley Project

RECOMMENDATION: That the Board of Supervisors receive a brief update by Don Tuttle, Special projects Coordinator, on a recent proposal to modify the Reasonable and Prudent Alternative (RPA) contained in the license for the Potter Valley Project through Federal Legislation.

3.                   Letter of Support for Development of Regional management Agency for Annie-Mary Trail

RECOMMENDATION: That the Board of Supervisors authorize the Chair of the Board of Supervisors sign the attached letter to the Humboldt County Association of Governments.

4.                   Review and Approve the Amendments to Franchise  Agreements for Rate Increases Covering the Franchise Areas of Northwestern Humboldt County, Arcata, Eureka, Fortuna, Ferndale, Blue Lake / Fieldbrook, Willow Creek, Holmes/Redcrest, Weott/ Myers Flat, and Garberville.

RECOMMENDATION: That the Board of Supervisors approve the amendments increasing the rates for solid waste collection in all ten of the franchise areas due to increased disposal costs; Authorize the Chair to execute the three original copies of the Amendments upon approve by County Counsel and Risk Management; and Direct the Clerk of the Board to return two fully executed copies of the Amendments to Public Works for distribution.

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

9:30 a.m. - PUBLIC WORKS

1.                   Eureka/Arcata Corridor, Additional Alternatives

RECOMMENDATION: That the Board of Supervisors receive an informational report from the California Department of Transportation (CalTrans) regarding modified alternatives being considered for the Eureka/Arcata corridor on Highway 101 based on comments received by agencies on the public on the Environmental Impact Report/Environmental Impact Statement; and Take appropriate action if required.

10:45 a.m. - Public Works

2.                   Consistency  of 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;     Continue the consideration of consistency of 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 to October 7, 2008 at 1:30 pm; Public Appearances; Adjourn as the Governing Board of the Humboldt County Airport Land Use Commission; and Reconvene as the Humboldt County Board of Supervisors.

11:00 - Board of Supervisors

3.                   Presentation by the Yurok Tribe on Marine Component of the Tribal Park Plan. (Supervisor Geist)

RECOMMENDATION: Take appropriate action as necessary.

H.                  CLOSED SESSION

1.                   Standing Item -- Conference with Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9 (a), Estate of Zachary Cruz Cooke, et.al v. Chief Murl Harphum, County of Humboldt, et. al.

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.

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 continued from September 16, 2008 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)(I)].

Community Development

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.