HUMBOLDT COUNTY COURTHOUSE

SUPERVISORSí CHAMBER, FIRST FLOOR

825 FIFTH STREET

TUESDAY, DECEMBER 11, 2001

9:00 AM

 

A.                  OPENING CEREMONIES

1.                   Salute to the Flag.

2.                   Invocation by the Pastor Chuck Starnes of the Centerpointe Community Church.

B.                  AGENDA ADDITIONS AND/OR DELETIONS

1.                   Purchase of a French Fryer for the Courthouse Snack Bar.The 20+ year old French fryer in the snack bar is not functioning and no longer cost effective to repair.The need to replace this unit is immediate as it is a large revenue loss for the current lessee.

RECOMMENDATION: Approve purchase.

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.                   Agreement with Eureka/Humboldt County Convention and Visitors Bureau Film Commission.The 2001-02 budget contained an allocation of $30,400.00 for the operation of the EHCCVB-Film Commission.Renewal of the annual agreement is necessary to allocate funds to the Eureka/Humboldt County Convention and Visitors Bureau (EHCCVB)

RECOMMENDATION: Approve agreement for Fiscal Year 2001-02 ($30,400)

2.                   Agreement with Eureka/Humboldt County Convention and Visitors Bureau.Renewal of the annual agreement for the Eureka/Humboldt County Convention and Visitors Bureau is necessary for Fiscal Year 2001-02.Humboldt County has contracted for many years with the EHCCVB to promote and advertise the many attractions in this area.During the 2001-02 budget sessions, an adjustment was made of the TOT funds raising the approved amount to $52,166.00.

RECOMMENDATION: Approve agreement for Fiscal Year 2001-02 ($52,166.00)

3.                   Agreement with Garberville Redway Chamber of Commerce for Tourist Information Booth.Renewal of the annual agreement for the tourist information booth is necessary for Fiscal Year 2001-02.The 2001-02 budgeted an allocation of $38,000.00 for the Garberville Redway Chamber of Commerce.

RECOMMENDATION: Approve agreement for Fiscal Year 2001-02 ($38,000)

Auditor-Controller

4.                   Audit of Humboldt County's financial statements for Fiscal Year ended June 30, 2001.Each year the County is required by federal and state statutes to have an audit of its financial statements performed by a firm of independent auditors.The firm of Bartig, Basler and Ray was the successful proposer for the current three year cycle.

RECOMMENDATION: Approve contract with Bartig, Basler and Ray CPAs.

Board of Supervisors

5.                   Letter of Support for New 2-1-1 designation for Information and referral lines.A letter of support of the new 2-1-1 telephone number from the Board has been requested by the Humboldt Community Switchboard's Humboldt County 2-1-1 Steering Committee.This number will allow callers to access social services telephone numbers, thereby helping to close the gap in accessing services.The support letter is due by December 6, 2001 to support Petition 01-08-044 to the California Public Utilities Commission for the December 9, 2001 California PUC hearing.(Supervisor Woolley)

RECOMMENDATION: Ratify letter of support.

6.                   Interim solutions for Eureka/Highway 101 corridor.During the Dec. 4, 2001 Board meeting, the Board was to direct the Department of Public Works (DPW) to develop comments regarding the interim solutions for the Eureka/Arcata Highway 101 corridor.These comments were due Dec. 10, 2001 to Caltrans.Because the Board was not to meet until Dec. 11 it is requested that the comments from DPW be ratified.(Supervisor Woolley)

RECOMMENDATION: Ratify Public Works comments for CalTrans

7.                   Letter to State Water Resources Control Board to review decision 1610 affecting flows in the Russian River.In 1985, the State Water Resources Control Board enacted decision 1610 that required minimum flows in the Russian River for affecting certain waste treatment discharge and for summer recreation.The Humboldt County Board of Supervisors requests the State Water Resources Control Board to review that decision in respect to the endangered species listing of certain salmonoids.(Supervisor Woolley)

RECOMMENDATION: Authorize Chair to sign the letter.

8.                   Roll-over Save-the-Redwoods League judgment and settlement account into 91-day certificates of deposit.On August 24, 1999 a non-interest bearing checking account was established at Humboldt Bank in Eureka as judgment and settlement account totaling $40,000 for Save-the-Redwoods League litigation on the Phillipsville Motocross.It is recommended that CD be automatically rolled-over into a 91-day period upon maturity and every 91 days thereafter.(Supervisor Neely)

RECOMMENDATION: Send letter to STRL requesting its written authorization to roll-over $40,000 plus accrued interest into 91-day CD account and to automatically roll-over funds upon maturity every 91 days unless Humboldt Bank is notified in writing by the Chair, Supervisor Rodoni and STRL.

Clerk of the Board

9.                   Approval of the Board Orders from Meeting of December 4, 2001

RECOMMENDATION: Approve the Board Orders.

Community Development Services

10.               Use permit for conversion of single-family residence to a Guest House, Freshwater AreaAPN 405-131-05.Perry Mayrisch and Martha Traphagen Freshwater Area Notice of Restriction on use File No. APN 405-131-05; Case No. CUP-01-07/VAR-01-01/SP-01-22

RECOMMENDATION: Approve notice of restriction agreement with P. Mayrisch and M. Traphagen.

11.               Local Coastal Program Grant-Application Adopt Resolution authorizing submittal.The grant application outlines a twelve month program commencing on Feb. 1, 2002 and includes a comprehensive review of the County's LCPs.

RECOMMENDATION: Ratify application by adopting Resolution No. )1-98 authorizing submittal.

County Administrative Office

12.               Receive Financial Audit of Probate Accounts administered by Coroner/Public Administrator

RECOMMENDATION: Direct Public Administrator to report back to Board by January 15, 2002 with a response to each specific recommendation contained in the audit report.

District Attorney

13.               Anti-Drug Abuse enforcement Byrne Grant Funding Certificate of Compliance (COC).The Bureau of Justice Assistance has placed a special condition relating to the seizure and closure of clandestine methamphetamine labs from projects who receive Federal Byrne funds.Our program, Anti-Drug Abuse Enforcement, receives Byrne grant funds on state pass through from the Office of Criminal Justice Planning.However, in our program structure none of the funds received for this program are used in the seizure or removal of clandestine methamphetamine labs.Therefore, we agree to accept the funds and agree not to use them in the seizure and removal of clandestine methamphetamine laboratories.

RECOMMENDATION: Approve COC pertaining to methamphetamine laboratory operations.

Health and Human Services - Mental Health Branch

14.               Temporary pay increase for Connie Hudelson Supervising M.H. Clinician per section 7 of the salary resolution.Ms. Hudelson is assuming the principal duties of her supervisor Jovonne Price, Sr. M.H. Program Manager (M/C) who in turn has temporarily been assuming the principal duties of her supervisor Deputy M.H. Director CYFS Program who is on medical leave.

RECOMMENDATION: Approve temporary pay increase pursuant to Section 7 of salary resolution.

15.               Contract with Humboldt Child Care Council (HCCC-Family Preservation Program) for managed mental health care for MEDI-CAL beneficiaries for the period June 1, 2001 to June 30, 2002

RECOMMENDATION: Approve contract with the Humboldt Child Care Council.

16.               Agreement with Lincoln Child Center for the period January 16, 2001 to June 30, 2002.The addition of Lincoln Child Center will result in a Provider Network offering Full Day Intensive Day Treatment Services for Humboldt County children enrolled in the RCL 14 Program for Fiscal Year 2000-2001 and 2001-2002 in Oakland, California.

RECOMMENDATION: Approve contract with Lincoln Child Center.

17.               Contract with community-based specialty mental health provider for managed mental health care for MEDI-Cal beneficiaries for Fiscal Year 2001-2002.This agreement with Susan Neander is effective until June 30, 2002 and has a contract value not to exceed $10,000.00 per fiscal year.These funds have been included in the Mental Health Branch's budget adopted budget for Fiscal Year 2001-2002.

RECOMMENDATION: Approve contract with Susan E. Neander LCSW.

18.               Extension of extra-help hours for Kathy Kendall, Mental Health Worker I.Ms. Kendall has specialized skills in dealing with the dually diagnosed substance abusing-chronically mentally ill population.In addition, Sempervirens must be staffed 24 hours per day, seven days per week at a minimum level as required by licensure and certification and which must be increased based on acuity.In order to do that the Mental Health Branch relies on extra-help on call personnel to cover for regular employees who are on vacation, sick leave, holiday or medical leave or when there are vacancies.There continues to be vacancies and staff on medical leaves within the aforementioned programs.

RECOMMENDATION: Approve extension from 960 hours to 1440 hours.

Health and Human Services - Public Health Branch

19.               State Agreement and Supplemental Budget ($446,000) for Project leaders encouraging activity and nutrition for the period October 1, 2001 through September 30, 2002.This project is designed to promote healthful food choices and increase physical activity among lower income families.

RECOMMENDATION: Approve supplemental budget and agreement with State Dept. of Health Services.

Health and Human Services - Social Services Branch

20.               Proposed agreement with Michael Twombly.Agreement with Michael Twombly to collaborate with Humboldt County's lobbyist and with appointed and elected officials to develop increased funding for the In-Home Supportive Services/Personal Care Services Program.

RECOMMENDATION: Approve agreement.

21.               Resolution authorizing Department of Health and Human Services application for community care facility license.The DHHS is submitting an application to the California Department of Social Services Community Care Licensing Division for a community care facility license to operate an emergency children's shelter.

RECOMMENDATION: Adopt Resolution No. 01-99.

Personnel

22.               Military leave pay and medical insurance benefits.This agenda item provides two benefits for employees called up to active military duty due to the worldwide terrorist attacks.First, the County would pay said employee salary to "make up" the difference between military pay and County base salary.Second, employees would be eligible to continue County Cal PERS medical insurance coverage at the same shared premium arrangement in place for employees in their representation unit, instead of having to pay the entire monthly premium.

RECOMMENDATION: Approve benefits as recommended by the Personnel Director.

23.               Amendment to MOU for representation Unit 7 (Law Enforcement Management).The amendment specifies the increased medical insurance contributions to be made by the County (effective 1-1-2002) towards Cal PERS medical insurance coverage for employees in Unit 7.

RECOMMENDATION: Adopt Resolution No. 01-100 regarding insurance benefits.

24.               Amendment to MOU for Unit 6 (Deputy Sheriffs' Organization).The amendment specifies the increased medical insurance contributions to be made by the County (effective 1-1-2002) towards Cal PERS medical insurance coverage for employees in Unit 6.

RECOMMENDATION: Adopt Resolution No. 01-101 regarding insurance benefits.

Public Works

25.               Proposed vacation of a public right of way known as Bartow Road (CO road #4L940) in McKinleyville.Jeff Lytle requesting to vacate a portion of the public right-of-way more commonly known as Bartow Road in McKinleyville that fronts his property.The portion of public right-of-way in question is a five foot strip of land 106 feet in length.

RECOMMENDATION: Approve vacation by adopting Resolution No. 01-102.

26.               Murrish Subdivision APN 508-061-16 in McKinleyville area.The developer for Murrish Subdivision Donald Murrish has completed the required conditions of tentative map approval for the subdivision of six commercial lots out of an eleven acre parcel in the McKinleyville area.The Planning Commission approved the tentative map for the subdivision on October 7, 1999.

RECOMMENDATION: Accept the subdivision map for recordation.

27.               Sand Pointe Subdivision final map APN 511-011-18 McKinleyville Area.On March 3, 2000 the Planning Commission approved a tentative map for the creation of 37 lots out of a 26.5 acre parcel located at the intersection of Murray Road and Kelly Avenue in the community of McKinleyville.Stephen A. Moser, the developer/subdivider of the project has requested that the Board declare the Sande Pointe Subdivision complete and accept the subdivision map for recordation.

RECOMMENDATION: Accept the subdivision map for recordation.

28.               Adoption of Resolution for maintenance of a portion of Blue Lake Boulevard in the City of Blue Lake

RECOMMENDATION: Declare County's intention by adopting Resolution No. 01-103.

29.               Perata Easement Deed for School Road APN 508-111-037 McKinleyville Area.The Perata's applied for a secondary dwelling building permit on a parcel that is located adjacent to School Road.The Dept. of Public Works requires the development of pedestrian corridors along urban roadways to mitigate the impacts from the development of multiple dwellings on one lot. The applicant requested that they be permitted to defer the construction of the improvements.In lieu of the construction of the improvements they offered to grant the right of way needed for the pedestrian corridor.The Dept. of Public Works has been processing a development plan for this portion of School Road.The plan will require the need for the right of way.

RECOMMENDATION: Accept easement deed.

30.               License agreement with Brett Visser DBA Medtec.Agreement for operation of a medical waste transfer station at the Arcata-Eureka Airport.

RECOMMENDATION: Approve license agreement with Brett Visser DBA Medtec.

31.               Equipment storage site Kneeland and Elementary School District.The purpose of the License Agreement is to renew an agreement for the storage of road equipment providing maintenance and keeping County roads open especially during the winter months in the Kneeland area.The County has been under an agreement for road equipment storage with the Kneeland Elementary School District since 1977.The most recent agreement expired September 2001.

RECOMMENDATION: Approve license agreement with the Kneeland Elementary School District

32.               The Meadows Unit 3 Phase 2 Subdivision agreement APN 223-311-01 Garberville/Redway area.On March 27, 2001 the subdividers James Johnson and Kenneth Wallan entered into an agreement to delay the construction of subdivision improvements. The developers have now completed the improvements and have requested the Board release the Faithful Performance Security held for completion of the improvements.

RECOMMENDATION: Accept the Phase 2 subdivision improvements as complete.

33.               Coastal Conservancy Grant ($75,000) Hydraulic Analysis for Redwood Creek Flood Control.Re:Federal Flood Control Project located in Orick on Redwood Creek (usually referred to as the Redwood Creek Levees)Before any levee modifications are seriously proposed, a hydraulic analysis of the various alternatives and their effects on flood management must be performed.The California Coastal Conservancy Grant No. 01-092 will provide up to $75,000 to fund the analysis.

RECOMMENDATION: Adopt Resolution No. 01-104 authorizing Public Works Director to sign agreement.

34.               Cock Robin Island Boat Ramp Agreement with Charles Pedrazzini.This spot has been leased for a boat access point to the lower Eel River for fisherman for many years.The current agreement expired February 2001.It is recommended the agreement be renewed.

RECOMMENDATION: Approve lease agreement for boat access point to the lower Eel River.

35.               Ocean Spruce resubdivision phase II final map APN 306-371-09, 12 & 13, Humboldt Hill Area.On Feb. 3, 2000 the Planning Commission approved a tentative map for the resubdivision of 3 lots of the Ocean Spruce Subdivision into 9 lots for Francis Mathews.The Estate of Francis Mathews has sold the project to Evergreen Development Incorporated.Evergreen Development Inc. has requested that the Board enter into a subdivision agreement to delay part of the subdivision improvements for a period of time not greater than one year and accept the subdivision map for recordation.

RECOMMENDATION: Accept the subdivision map for recordation.

36.               Remodel/Addition for the Healthy Mom's Program Project No. 431000,Change Order No. 1.0 issues This Change Order is comprised of various smaller Cost Proposals (Changes).The changes have an additive affect on the construction contract of $16,725.

RECOMMENDATION: Authorize the Public Works Director to sign Change Order No. 1.0.

37.               Assignment of Jo Anne Anthony as Executive Secretary effective December 30, 2001.The current Executive Secretary for the Department is retiring effective December 28, 2001.Jo Anne Anthony, the Public Works Dispatcher, has agreed to accept the additional responsibilities until such time as a new Executive Secretary is appointed and she should be compensated accordingly during the period the vacancy exists.

RECOMMENDATION: Approve assignment until new Executive Secretary is appointed.

Risk Management

38.               Claims Report for the Months of April, May, and June 2001.Risk Management provides a quarterly summary report of all government tort claims and lawsuits that have been filed against the County.

RECOMMENDATION: Receive and file claims and Workers' Compensation claims report.

Sheriff

39.               Signature authority for individuals to act on behalf of the County of Humboldt for the purpose of obtaining financial assistance from the State Office of Emergency Services

RECOMMENDATION: Adopt Resolution No. 01-105 Signature Authority Resolution

40.               Request for declaration of two 4-wheel all terrain vehicles as surplus property and authorization for County Purchasing Agent to sell the vehicles to the highest bidder.

RECOMMENDATION: Approve request and authorize sale of the vehicles to the highest bidder.

Treasurer-Tax Collector

41.               Agreement in Connection with the drafting and finalization of the Annual Report.Securities and Exchange rules agreed to by the County on issuing the 1996 Certificates of Participation (COP) requires filing of annual reports in accordance with Section 4 of Humboldt County Resolution 96-39, adopted May 21, 2996.The Treasurer-Tax Collector will be filing a disclosure agreement with the Federal Depositories.

RECOMMENDATION: Approve agreement with Special Counsel Hawkins, Delafield and Wood.

D.                  DEPARTMENT REPORTS

Public Works

1.                   Change Orders over $10,000 on Public Works projects.(None)

RECOMMENDATION: Approve change orders as recommended by Public Works.

2.                   Advertisement or award of Public Works projects.

3.                   Revisions to County Park Ordinance.On October 23, 2001 the Board received a presentation from the Dept. of Public Works on the status of the development of proposed revisions to the County Park Ordinance.The revisions reflected comments received by the Board's Beach Management subcommittee consisting of Supervisors John Woolley and Paul Kirk subcommittee has received extensive suggestions from the public for revising the current Ordinance.

RECOMMENDATION: Review draft Ordinanceand Resolution and hold public hearing on Jan. 22, 2002.

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)

3.                   Headwaters Forum at the Wharfinger Building at 7:00 p.m. on December 11, 2001.

RECOMMENDATION: Adjourn to said forum.

F.                  MATTERS SET FOR TIME CERTAIN

Time Certain 1 9:30 A.M. County Administrative Office

1.                   Legislative agreement with Peterson Consulting Inc.Mr. Peterson advises and assists in the appropriate strategy for carrying out the most beneficial program for Humboldt County.

RECOMMENDATION: Approve agreement at the rate of $1,900 per month.

Time Certain 2 9:45 A.M. DHHS Mental Health Branch

2.                   Presentation of the progress report for the Substance Abuse and Crime Prevention Act of 2000 (SACPA Program)

RECOMMENDATION: Hear presentation on the SACPA Program (Proposition 36)

Time Certain 311:00 A.M. Board of Supervisors

3.                   Report on the Trinity River Flow decision and related issues.Tom Stokely, Senior Planner, Trinity County will give an update on the Trinity River flow decision and related issues.(Supervisor Smith)

RECOMMENDATION: Hear report.

4.                   Presentation of California Fish and Game Resolution and map to Department of Public Works Natural Resource Staff.During the Nov. 13, 2001 Board meeting, Robert C. Hight Director, California Department of Fish and Game presented to the Board a resolution honoring the Humboldt County Dept. of Public Works for Salmon Habitat Restoration efforts as well as a map of fishery restoration accomplishments in Humboldt County from 1981 to 2000.The map shows six hundred and eighty seven projects at a cost of $23,482,374 for this period of time.The resolution and map will be presented to Dept. of Public Works Natural Resources, Deputy Director, Don Tuttle and staff to thank them for their years of dedication and hard work in restoring the County's fisheries.(Supervisor Kirk)

RECOMMENDATION: Approve presentation of resolution and map.

G.                 CLOSED SESSION

1.                   Report from prior Closed Session (if required) (not required)

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) (not required)

3.                   Report on pending or threatened litigation pursuant to Government Code Section 54956.9 (if required) (not required)

4.                   Conference with Legal Counsel--Anticipated litigation pursuant to Government Code Section 54956.9(b); (One case)(No final action taken)

5.                   Conference with Legal Counsel--Initiation of litigation pursuant to Government Code Section 54956.9(c); (One case) (No final action taken)

H.                  PUBLIC APPEARANCES--9:05 A.M.(NONE)

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.

 

I.                     PUBLIC HEARINGS1:30 P.M.

Community Development Services

1.                   Halley Agricultural Preserve File No. APN 106-011-03; Case No. AGP-01-01; Ferndale Area

RECOMMENDATION: Adopt Resolution No. 01-106 establishing the Halley Class C Agricultural Preserve.Approve the Land Conservation contract.

2.                   City Garbage Company of Eureka one Boundary Adjustment/Lot Line Adjustment File No. 403-081-09 et al Case No. ZR-00-06/LLA-00-23 Freshwater Area.Consideration by the Board is a Zone Reclassification.The change in zoning is the product of a Lot Line Adjustment between the Humboldt Waste Management Authority and the City Garbage Company of Eureka to trade equal areas so that the existing sediment ponds and monitoring wells associated with the landfill are included within the landfill parcel.The LLA results in split-zoning and the ZR will reclassify lands consistent with the zoning of adjacent lands within each ownership.

RECOMMENDATION: Approve zone reclassification to Timberland Production and FR-B-5(40) zones by adopting Ordinance No. 2260.

J.                   OPTIONAL ITEM

1.                   Check Registers covering disbursements made during the month of October 2001.

K.                  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.