HUMBOLDT COUNTY COURTHOUSE

SUPERVISORSí CHAMBER, FIRST FLOOR

825 FIFTH STREET

TUESDAY, OCTOBER 23, 2001

9:00 AM

 

A.                  OPENING CEREMONIES

1.                   Salute to the Flag.

2.                   Moment of Silence.

B.                  AGENDA ADDITIONS AND/OR DELETIONS

1.                   Resolution to submit Roberti-Z'Berg-Harris Urban Open Space and Recreation Grant Program grant application to the Dept. of Parks and Recreation for the Humboldt Botanical Gardens.

RECOMMENDATION: Adopt Resolution No. 01-83.

2.                   Salary Adjustment for Alexandra Wineland Deputy CAO

RECOMMENDATION: Approve salary from October 15, 2001 to November 30, 2001.

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.                   Request to compensate Shirley Pinches as Acting Supervisor during the absence of Art Pope Senior Reprographics Technician.Art Pope has been summoned for active Coast Guard duty for one year.Shirley Pinches will be performing his duties during his absence.

RECOMMENDATION: Approve request.

Agricultural Commissioner

2.                   Contract to provide for shared County/Federal/State funding for animal damage management activities on properties within Humboldt County.Wildlife Services Specialists (WSS) will be assigned to reduce predation of livestock, prevent crop losses and other property damage caused by birds and mammals.All work will be in accordance with the terms of the Cooperative Agreement entered into on January 1, 1989.

RECOMMENDATION: Approve contract with the U.S. Dept. of Agriculture-Animal and Plan Health Inspection Services-Wildlife Services Division.

3.                   Lease agreement with the U.S. Department of Agriculture.USDA has occupied a portion of the building at 5630 Broadway since 1960.The most recent lease between the County and USDA expired on Sept. 30, 1999.Since the expiration of the lease, negotiations have been ongoing, as there were numerous clauses in Exhibit B that the County could not agree with.After discussions with County Counsel, Risk Management and USDA Real Property was able to negotiate a lease agreeable to USDA and modify Exhibit B to satisfy County needs.Negotiations included that USDA provide their own janitorial service which reduces the monthly rental fee to $1,951.00.

RECOMMENDATION: Approve agreement for space at 5630 Broadway Eureka.

Clerk of the Board

4.                   Appointment to the Loleta Fire Protection District Board of Directors.Per the unanimous vote of said district board at their August 2001 meeting, the appointment of Mr. Bruggman was recommended to your Board.

RECOMMENDATION: Appoint Jim Bruggman.

5.                   Cancellation of Board Meetings Calendar Year 2002.On June 23, 1998 the Board adopted a policy of no Board meetings on the fifth Tuesday of the month in order to afford Board members an opportunity to schedule time in their districts or attend meetings of other public agencies.This year it is recommended that meetings for the second and third weeks in August be cancelled so, there would not be three consecutive Tuesdays with no Board meeting.

RECOMMENDATION: Cancel meeting dates as recommended by the Clerk of the Board.

6.                   Reappointments to the Petrolia Cemetery District Board of Directors.Pursuant to a telephone conversation on October 10, 2001 between the Clerk of the Board and the District's secretary, Patty Mendes, Ms. Chambers and Mr. Flournoy wish to serve another term.Mr. Frank Lawrence has declined reappointment, and it is recommended that Teresa Cook be appointed to replace him.

RECOMMENDATION: Reappoint Lyn Chambers and Kalin Flournoy and Teresa Cook.

7.                   Appointment to the Fortuna Cemetery District Board of Directors.Mr. Baumgart will replace Mark Christensen.

RECOMMENDATION: Appoint Harley Baumgart with term to expire on June 30, 2004.

Cooperative Extension

8.                   Augment travel expense account to support program representative Amy Brewer.We have received $2,000 to augment our Travel Expense Account to support our Program Representative Amy Brewer.

RECOMMENDATION: Adopt supplemental budget of $2,000.

9.                   Supplemental Budget ($81) for Travel Expense Reimbursement (Deborah Giraud).We have received a check from University of California for reimbursement to our Travel Expense mileage for Deborah Giraud.

RECOMMENDATION: Adopt supplemental budget.

County Administrative Office

10.               Request for adoption of the recommendations of the Overnight Vehicle Committee.The Overnight Vehicle Committee was established by the Board on April 16, 1994.This was in response to recommendations made by the 1993-94 Grand Jury.The Committee was charged with the review of overnight vehicle assignments and with making recommendations to the Board concerning those assignments.

RECOMMENDATION: Approve request.

District Attorney

11.               Application for funding under the Community Gun Violence Prosecution Program from the U.S. Dept. of Justice and to act as the Official Representative in the application process

RECOMMENDATION: Approve request to submit application.

Health and Human Services - Public Health Branch

12.               Letters to Representative Thompson and Senators Feinstein and Boxer requesting support in recalculating the formula for the distribution of Federal Title V dollars to the States

RECOMMENDATION: Withdraw from agenda (already took action on October 9, 2001).

Health and Human Services - Social Services Branch

13.               Agreement between County of Humboldt and Alcohol Drug Care Services Inc. for operation of a Winter shelter

RECOMMENDATION: Approve contract.

Library Services

14.               Supplemental budget ($1,951) for the receipt of various donations The Library has received donations from individuals and organizations.

RECOMMENDATION: Adopt supplemental budget.

Personnel

15.               Dissolution of eligibility list for the class of Investigator (D.A.).Humboldt County Merit System Rule IV Section 6 provides for employment eligibility lists to be valid for one year.The current eligibility list for Investigator (D.A.) has an insufficient number of candidates and the Personnel Department is conducting a new recruitment.

RECOMMENDATION: Approve request effective upon the establishment of a new eligibility list.

Probation

16.               Supplemental budget and establish an interest-bearing trust account for Department 245 Probation Drug Court.As a requirement of the Local Law Enforcement block Grant (LLEBG) all federal funds for the Probation Dept. Drug Court must be put into separate interest-bearing account to be tracked by the auditor's office.The LLEBG Grant also requires that a separate revenue account be established in order to track interest income.Interest income expenditures must be tracked, kept separate and reported to the Dept. of Justice on a quarterly basis.LLEBG funds are primarily used to pay for the Drug Court Programís Senior Substance Abuse Counselor position.All remaining LLEBG funds will be used for office supplies.

RECOMMENDATION: Approve request.

Public Works

17.               Old Arcata Road/Myrtle Avenue Widening and rehabilitation project.The Final Phase would involve completing the final design and preparation of plans, specifications and engineer's estimate for the project if the Board decides to proceed with the project following their review of the Final EIR.

RECOMMENDATION: Certify submitted Final Environmental Impact Report for completion of project was prepared in conformance with the CEQA Guidelines.Note they have read and considered the info contained in FEIR and have considered all comments and info received.Decide to proceed with the project and direct the Dept. of Public Works to carry out the remaining required tasks including right-of-way acquisition and final design and construction of the project.

18.               Taxiway overlay and ramp extension County Project Nos. 911896 and 911901.The work of W. Jaxon Baker, Inc., contractor for the Taxiway Overlay and Ramp Extension has been successfully completed.The work was for overlay paving of taxiway A and extension of the ramp in front of the terminal building.The contract was awarded per Board Order C-38, June 5, 2001.

RECOMMENDATION: Approve Change Order No. 2 and accept completed contract with W. Jaxon Baker, Inc., Contractor.

19.               Contract Change Order No. 2 for construction of Elk River Road (F3J300), PM 0.45 to 1.63, Project No. RPL-5904 (035), Contract No. 990707.Contract Change Order No. 2 involves increasing the asphalt thickness on Elk River Road from 0.42 feet to 0.50 feet and installing pavement fabric between asphalt lifts.These measures will provide a safety factor against premature structural failure due to the unstable nature of subgrade soils, the high daily traffic volumes and potential future logging activities in the area.

RECOMMENDATION: Approve the change order.

D.                  SPECIAL PRESENTATIONS

1.                   Resolution of commendation upon Chief Probation Officer Dave Lehman's Retirement.After twenty-eight years of County service, Chief Probation Officer Dave Lehman is retiring effective November 2, 2001.The Board wishes to acknowledge and thank Dave Lehman and wishes him a long and fulfilling retirement. (Supervisor Woolley)

RECOMMENDATION: Adopt resolution of commendation.

2.                   Proclaim Humboldt County a Domestic Violence Free Zone.Domestic violence is a serious problem with 6 million women beaten and 4,000 women killed annually by their husbands or partners.Soroptimist International of Eureka has requested the Board adopt a proclamation declaring Humboldt County a Domestic Violence Free Zone and urge awareness of domestic violence in our community. (Supervisor Neely)

RECOMMENDATION: Adopt the proclamation.

E.                  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.                   Revisions to County Park Ordinance.Based on multitudes of suggestions received at meetings-- the subcommittee and staff developed proposed revisions to the current park ordinance.These revisions will bring the ordinance and Board closer to conformance with the Endangered Species Act with regards to the western snowy plover.

RECOMMENDATION: Direct the Departments of Public Works and Community Development Services to hold a public meeting on November 19, 2001 in the evening at the Supervisors' Chambers.

Administrative Services

4.                   County Parking Lots Ordinance Amendment..The changes are centered on the unpaved lot next to the Correctional Facility.For County-owned lots, the ordinance already authorizes placement of signs restricting parking to vehicles displaying a County parking permit.The unpaved lot is a public lot with no restrictions except for the recently created ADA spaces.The unpaved lot has a greater capacity for cars than it would if it were paved, landscaped and striped according to city parking requirements.Adopting this amendment to the ordinance will allow for the placement of signs on the lot alerting people that parking in such a way as to prevent cars from entering or leaving parking spaces may result in having their car towed and/or a fine.

RECOMMENDATION: Introduce ordinance, and schedule for adoption on November 6, 2001.

Clerk of the Board

5.                   Appointments to the Human Rights Commission (HRC).Joseph M. Giovannetti and Adley M. Shulman do not wish to be appointed to another term.Jennifer Shoffner has been removed for lack of attendance.The remaining vacancy was caused by the resignation of Joseph D. Naftel.

RECOMMENDATION: Appoint John H. Sloane as a Third District representative.Appointments to represent the First and Fourth Supervisorial Districts will be brought forth at a future Board meeting.

County Administrative Office

6.                   Foreign-Trade Zone Governing Board Participant.The City of Eureka has designated the County to be represented on the Foreign-Trade Zone Governing Board and has requested selection of recommended participant to be submitted to the Mayor of Eureka.Participants for the Foreign-Trade Zone Board will be announced on November 20, 2001.

RECOMMENDATION: Appoint Supervisor Neely as the participant and Supervisor Smith as alternate participant.

F.                  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 action)

G.                 MATTERS SET FOR TIME CERTAIN

Time Certain 19:45 A.M. Board of Supervisors

1.                   Presentation by Fish and Game Representative about Potter Valley Project on the Eel River.Larry Week, Chief of the Native Anadromous Fish and Watershed Branch, California Department of Fish and Game, will make a presentation about the Potter Valley Project on the Eel River.(Supervisor Smith)

RECOMMENDATION: Hear presentation and take appropriate action.

Time Certain 210:15 A.M. Board of Supervisors

2.                   Draft letter to Secretary of the Interior from the Board of Supervisors in support of Orick Community's issues regarding Redwood National Park's General Management Plan.As per Board Order dated August 14, 2001, Supervisor Kirk has been assisting the community of Orick in preparing a letter from the Board to Gale Norton, Secretary of the US Dept. of the Interior.The letter lists specific issues created by the Redwood National Park's General Management Plan that have negatively impacted the economy of the Orick community and requests the Dept. of the Interior re-address these issues. (Supervisor Kirk)

RECOMMENDATION: Review the draft letter, revise if required and authorize the Chair to sign.

Time Certain 310:30 A.M. Board of Supervisors

3.                   Reports on the Freshwater Pool.Several members of the "Friends of Freshwater Pool," represented by Dave Miller will present their concerns regarding the closure of the Freshwater Pool.Additionally, County Public Works staff Richard Stein will report on efforts to find solutions to the issue, including the collaboration with students from Humboldt State University.(Supervisor Woolley)

RECOMMENDATION: Hear presentations and take appropriate action.

Time Certain 411:00 A.M. Board of Supervisors

4.                   Report on the progress and projects of the Resource Conservation District.Bernie Bush of Simpson Timber will present to the Board a report on the progress and projects of the Resource Conservation District.(Supervisor Smith)

RECOMMENDATION: Hear the report.

H.                  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.(No final action taken.)

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

4.                   Conference with Legal Counsel; anticipated litigation pursuant to Government Code Section 54956.9; significant exposure to litigation (One case)(No final action)

5.                   Conference with legal counsel; initiation of litigation pursuant to Government Code Section 54956.9(c).(One case) (Initiate litigation)

I.                     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.                   Mr. Stu Russell invited the Board members and community members to attend Veterans Day ceremonies at the Adorni Center on November 11, 2001.

J.                   PUBLIC HEARINGS--1:30 P.M.

Public Works

1.                   Proposed vacation of a portion of Simpson Mill Road, County Road No. 4L570; Arcata Area.The purpose of the hearing is to receive public testimony in order to make the required findings necessary to vacate the public's right to use that portion of Simpson Mill Road.The portion proposed for vacation is the western most 300 feet more or less located at the end of Simpson Mill Road.One private property owner, Sun Valley Floral Farms surrounds this portion of Simpson Mill Road.The road terminates on said property and does not connect to any trails system nor is the road listed in the Master General Plan as a trails system.The portion proposed for vacation is not useful as a nonmotorized transportation facility.

RECOMMENDATION: Accept easement deed from Sun Valley Floral Farms.Adopt Resolution No. 01-84 to vacate that portion of the right of way described in resolution.

County Administrative Office

2.                   Ordinance amending and updating the Humboldt County Schedule of Fees and Charges for permits and services of the various Humboldt County Departments.The Board reviews County fees and charges to determine whether they are sufficient to recoup costs associated with providing various services to the public.The changes reflect fees that are being updated and/or clarified after review by a specific department to insure cost recovery of services to the maximum extent possible.

RECOMMENDATION: Approve the new increased or changed fees or modify the new increase or changes fees as shown in the submitted Summary of Changes for Fees and Changes.Adopt Ordinance No. 2255.

K.                  OPTIONAL ITEM

1.                   Check registers covering disbursements made during the month of August 2001.

L.                   ADJOURNMENT

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.