HUMBOLDT COUNTY COURTHOUSE

SUPERVISORSí CHAMBER, FIRST FLOOR

825 FIFTH STREET

TUESDAY, OCTOBER 21, 2008

9:00 AM

 

A.                  SALUTE TO THE FLAG

B.                  SUPPLEMENTAL AGENDA ITEMS

1.                   Temporary Physical Closure of Personnel Department for 2 Days. (CONSENT)

RECOMMENDATION: That the Board of Supervisors authorize the temporary closure of the County Personnel Department on October 24 and October 27, 2008.

2.                   Ordinance Amending Chapter 3 of Division 1 of Title II of the Humboldt County Code Relating to the Compensation of the Board of Supervisors. (CONSENT)

RECOMMENDATION: That the Board of Supervisors adopt Ordinance No. ____, amending Chapter 3 of Division 1 of Title II, of the Humboldt County Code relating to compensation of the Board of Supervisors.

3.                   Contract Amendment for the Final Design of Seismic Retrofit and Rehabilitation of Martin's Ferry Bridge (4C-007) Over the Klamath River Project No. 924020.

RECOMMENDATION: That the Board of Supervisors authorize the Chair to sign the attached two copies of Amendment No. 2 to the Agreement for professional Services with MGE Engineering for an amount not to exceed $220,000.This amount will serve as full compensation for the final design of the seismic retrofit and rehabilitation of martin's Ferry Bridge (4C-007) as described in Exhibit A and B of the amended contract.Direct the Clerk of the Board to return one fully executed copy to Public Works.

4.                   Comments Regarding North Coast Railroad Authority Rails to Trail Guidelines

RECOMMENDATION: That the Board of Supervisors review proposed North Coast Rail Authority "Trail Projects on the NWP Line Rights-of-Way: Design, Construction, Safety, Operations, and Maintenance Guidelines"; Review and discuss comments recommended by staff; and Authorize the Chair to send a comment letter to the North Coast Rail Authority.

C.                  SPECIAL PRESENTATIONS

1.                   Proclaim the Week of October 19th - 25th, 2008 as Childhood Lead Poisoning Prevention Week. (Supervisor Neely)

RECOMMENDATION: Adopt the Proclamation.

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.

Assessor

1.                   Request to Execute Agreement for Petroleum and Geothermal Property Sales Study.

RECOMMENDATION: That the Board of Supervisors approve the Agreement for petroleum and Geothermal Property Sales Study and authorize the Chairman to sign said agreement.

Auditor-Controller

2.                   Distribution of Excess Proceeds from June 8, 2007.

RECOMMENDATION: That the Board of Supervisors approve the distribution of that portion of the excess proceeds resulting from the June 8, 2007, public auction of parcels listed on Attachment A to the Claimants and in the amounts listed for each parcel, and direct that distribution be held for 90 days from today to allow for the required review period.

Board of Supervisors

3.                   Continuation of Emergency - Closure of Martin's Ferry Bridge.

RECOMMENDATION: That the Board of Supervisors declare that a local state of emergency, Per Resolution # 07-08, remains in effect until November 4, 2008.

Clerk of the Board

4.                   Approval of Board Orders - Meeting of October 14, 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.

Health and Human Services - Mental Health Branch

5.                   Reappointments of Kate Bell, M.D., Orm Aniline, M.D., and Paula Edwalds, M.D. as active members of the medical Staff of the Sempervirens Acute Psychiatric Hospital.

RECOMMENDATION: That the Board of Supervisors approves the reappointments of Kate Bell, M.D., Orm Aniline, M.D., and Paula Edwalds, M.D. as active members of the medical Staff at the Sempervirens Acute Psychiatric Hospital.

Health and Human Services - Public Health Branch

6.                   Approval of Standard Agreement No. 08-85295 and Adjust Budget Fund 1175, Public Health Branch, Budget Unit 428, Immunization Program, Fiscal Year 2008-09.

RECOMMENDATION: That the Board of Supervisors approve and execute eight signed copies of State Standard Agreement No. 08-85295, Immunization Program, for the period of July 1, 2008 through June 30, 2009; Approve and Direct the Auditor - Controller to adjust the budget in fund 1175, Budget Unit 418, Immunizations Program, Fiscal Year 2008/2009 as follows: Revenue - 588-818 - SP- Immunization Program - $7,480; Expenditures - 2-114 Medical Dental & Lab Supplies - $4,0003-928 - Expense Transfers $3,480; and Direct the Clerk of the Board to return signed copies to Public Health for submission.

7.                   Termination of Local State of Emergency - Smoke and Fires.

RECOMMENDATION: That the Board of Supervisors consider the need for terminating 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. ___ terminating the declaration of the existence of a local emergency.

Health and Human Services - Social Services Branch

8.                   Approval of Lease at 134 D Street, Suites 101 and 302, for Department of Health and Human Services Social Services Branch.

RECOMMENDATION: That the Board of Supervisors approve the lease with JLPREO, LLC, for the Department of Health and Human Services Social Services Branch, for office space located at 134 D Street, Suites 101 and 302 in Eureka and Authorize the Chairperson to execute two originals of the Lease; and Direct the Clerk of the Board to return one original of the fully executed Lease to Real Property for transmittal to Lessor.

9.                   Approval of Lease at 231 Second Street for Department of Health and Human Services Social Services Branch.

RECOMMENDATION: That the Board of Supervisors approve lease with JLPREO, LLC for the Department of Health and Human Services Social Services Branch, for office space located at 231 Second Street, Eureka; and Authorize the Chairperson to execute two originals of the Lease; and Direct the Clerk of the Board to return one original of the fully executed Lease to Real Property for transmittal to Lessor.

Public Works

10.               Construction of Storm Damage Repairs on Butler Valley Road (F5J031) at PM 5.7 and 5.8: Project No. ER 4400(080) @ ER 4400 (081), Contract No. 206362 & 206363.

RECOMMENDATION: That the Board of Supervisors accept the completed contract, including all change orders approved by the Public Works Department between Granite Construction, Contractor and Humboldt County for the Storm damage repairs on Butler Valley Road; and Approve the final claim for payment, as submitted by the Public Works Department to the Auditor/Controller, in the amount of $7,373.45.This will bring the total amount paid to 100% of the contract.

11.               Rapid Delivery Solutions and WPX Courier California, LLC.

*

 
R d.

RECOMMENDATION: That the Board of Supervisors approve the termination of the License Agreement with Rapid Delivery Solutions and authorize Public Works to send a letter of termination to Licensee, Rapid Delivery Solutions; Authorize the Chairperson to execute the attached License Agreement with WPX Courier California, LLC.; Direct the Clerk of the Board to return one executed License Agreement to the Land Use Division for transmittal to Licensee.

12.               Construction of Storm Damage Repairs on Briceland Thorne Road (5A010) at PM 4.0: Project No. HC-19, Contact No. 206210.

RECOMMENDATION: That the Board of Supervisors accept the completed contract, including all change orders approved by the Public Works Department, between van Meter Logging Inc., Contractor, and Humboldt County for the storm damage repairs on Briceland Thorne Road; Approve the final claim for payment, as submitted by the Public Works Department to the Auditor/Controller, in the amount of $7,974.01.This will bring the total amount paid to 100% of the contract; Approve the attached Appropriation Transfer to provide funding.

Sheriff

13.               Reallocate Current 37.5 Hour Fiscal Services Supervisor Position to 40 hour Position.

RECOMMENDATION: That the Board of Supervisors approve the allocation of the 37.5 hour Fiscal Services Supervisor position (salary range 331, class 0149, position 001) occupied by Keri Furtado in budget unit 1100221 to 40 hour Fiscal Services Supervisor (salary range 344, class 1149) effective the beginning of the biweekly pay period following approval.

E.                  DEPARTMENT REPORTS

Community Development Services - Economic Development

1.                   Approval of an Additional Headwaters Fund Grant Fund Award to the North Coast Small Business Resource Center (NCSBRC).

RECOMMENDATION: That the Board of Supervisors review and approve a grant of $71,850 to the North Coast Small Business Resource Center (NCSBRC). Grant award recommended for approval by the Headwaters Fund Board; and Authorize the Chair of the Board to sign the grant contract when completed, after review and approval by County Counsel and Risk Management.

County Administrative Office

2.                   Proposed Impact Fee - Humboldt No. 1 Fire Protection District.

RECOMMENDATION: That the Board of Supervisors consider the adoption of a Development Impact Fee for and on behalf of Humboldt No. 1 Fire Protection District (JHFD); and if desired Direct County Counsel to explore the legality of the Board adopting an enabling Ordinance that would impose Impact Fees, on the Fire Districts behalf.

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

10:30 a.m. - Board of Supervisors

1.                   Code Enforcement Task Force Report to the Board of Supervisors with Findings and Recommendations Following Review of the Code Enforcement Unit Policies & Procedures.(CONTINUED FROM OCTOBER 14, 2008 BOARD OF SUPERVISORS MEETING) (Supervisor Geist)

RECOMMENDATION: Continue the Public Hearing, take public testimony and take appropriate action, if necessary.

H.                  CLOSED SESSION

1.                   It is the intention of the Board of Supervisors to meet in closed session to consider the public employee performance evaluation for the position of County Administrative Officer pursuant to Government Code section 54954.5.

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

Code Enforcement Unit

1.                   Administrative Abatement Hearing - Glenda Rasella - 2225 Walker Avenue, McKinleyville, California; AP# 510-281-002.

RECOMMENDATION: That the Board of Supervisors, pursuant to Humboldt County Code sections 351-21 and 351-22 hold an administrative hearing to determine whether a public nuisance exists on the subject property; Continue this matter to October 28, 2008 at the request of the applicant.

K.                  PUBLIC HEARINGS

Community Development Services

1.                   Watts General Plan Amendment/Zone Reclassification/Notice of Merger File Nos.: APN 404-022-26 and -031-06, Case Nos.: GPA-07-01/ZR-07-04/NOM-07-20.

RECOMMENDATION: That the Board of Supervisors introduce Ordinance No. ____ by title and waive further reading; Open the public hearing, receive and consider the staff report, consider the Less than 3-Acre Conversion issued by Cal Fire, and accept public comment; Close the public hearing; Adopt Resolution No.___ approving the amendment of the Humboldt County Jacoby Creek Plan land use map, by amending an approximate 2.28 acres in the Kneeland area [GPA-07-01, Watts] from Timber Production to Rural Residential; Approve the rezone and adopt Ordinance No. ____, amending Section 311-7 of the Humboldt County Code by reclassifying lands in the Kneeland area [ZR-07-04, Watts], approximately 1.28 acres from Unclassified and one acre from the Timberland Production Zone, through an immediate conversion, to Agriculture General with a B-6 Special Building Site combining zone that fixes the parcel size per the parcel map of record; Direct the Chair of the Board to sign and the Clerk of the Board to record a Certification of Rezoning (Notice of Timberland Production Zone Status) on the parcel pursuant to Sections 51117 and 51141 of the California Government Code, after attaching a copy of the fully executed Ordinance and map; Direct the Clerk of the Board to give notice of the decision to the applicant/owner, the County Assessor's office and any other interested party, and to publish the Post-Adoption Summary of Ordinance at fifteen days after passage of the ordinance.

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.

BARRING ANY UNFORESEEN TECHNICAL DIFFICULTIES OR SCHEDULING CHANGES, REGULAR MEETINGS OF THE BOARD OF SUPERVISORS ARE BROADCAST LIVE ON SUDDEN LINK, CHANNEL 10, AND ARE REBROADCAST ON FRIDAY AT 6:30 P.M.

County of Humboldt Web Site:http://www.co.humboldt.ca.us