HUMBOLDT COUNTY COURTHOUSE

SUPERVISORS’ CHAMBER, FIRST FLOOR

825 FIFTH STREET

TUESDAY, JULY 28, 2009

9:00 AM

 

A.                  SALUTE TO THE FLAG

B.                  SUPPLEMENTAL AGENDA ITEM

1.                   Airport Road Arra Overlay, Project No. ESPL 5904 (097), Contract No. 210010. (PUBLIC WORKS - CONSENT)

RECOMMENDATION: That the Board of Supervisors approve the plans and specifications; and direct the Clerk of the Board to advertise the above mentioned project as required by Section 22037 of the California Public Contract Code with bids to be opened on Tuesday, August 18, 2009 at 2:00 PM.

C.                  SPECIAL PRESENTATIONS

1.                   Proclaim August 1st - 7th, 2009 as Breastfeeding Awareness and Promotion Week in Humboldt County. (Supervisor Smith)

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.

Agricultural Commissioner

1.                   Approval of Standard Agreement No. 09-C0011, Pesticide use Reporting Contract with the California Department of Pesticide Regulation in the Amount $1,892.

RECOMMENDATION: That the Board of Supervisors approve Standard Agreement No. 09-C0011, known as Pesticide Use Reporting; and authorize the Chair to sign the original and one copy of the cover page as well as the Contractor Certification form, and return all copies to the Agriculture Department for further processing; and grant a waiver from the provisions of the Nuclear Free Ordinance; and direct the Auditor - Controller to execute the attached supplemental budget for 2009-10.

2.                   Approval of Standard Agreement No. 09-0130, California Organic Program Contract with the California Department of Food and Agriculture in the Amount of $11,335.

RECOMMENDATION: That the Board of Supervisors approve Standard Agreement Number 09-0130, known as the California Organic Program Contract; and authorize the Chair to sign the original and one copy of the cover page as well as the Contractor Certification form, and return all copies to the Agricultural Department of further processing; and grant a waiver from the provisions of the Nuclear Free Ordinance; and authorize the Auditor - Controller to execute the attached supplemental budget for 2009-10.

Coroner-Public Administrator

3.                   Transfer from Contingencies for Coroner - Public Administrator.

RECOMMENDATION: That the Board of Supervisors authorize the Auditor-Controller to transfer $20,126 from General Fund Contingencies to the Coroner-Public Administrator (budget unit 2200 383) for Fiscal Year 2008-09, in accordance with the attached Appropriation Transfer Form.

County Administrative Office

4.                   Lease of Tower #2 on Courthouse Roof for Communications.

RECOMMENDATION: That the Board of Supervisors find that leasing of Tower #2 is subject to conditions such that competitive proposals would be unavailing and would not produce an advantage to the County or to the public, and that advertisement for competitive bids would thus be undesirable and impractical; authorize the Chair to sign the attached Lease with Sacramento Valley Limited Partnership dba Verizon Wireless; authorize the County Administrative officer of designee to sign amendments to the Lease modifying the Courthouse security protocol in accordance with Section 6 of the Lease; and direct the Clerk of the Board to return one copy of the Fully -executed Lease to the County Administrative Office for transmittal to lessee.

5.                   Adoption of Fiscal Year 2009-2010 County Budget.

RECOMMENDATION: That the Board of Supervisors receive report from staff and interested Department heads; Approve the attached resolution adopting the proposed budget, as modified by the Final Budget Adjustments listed on Attachment B, as the final adopted budget for FY 2009-10; approve the attached personnel allocation table corresponding to the budget appropriations; and take other action as appropriate.

Health and Human Services - Mental Health Branch

6.                   Approval of Agreement between Humboldt County and Alcohol Drug Care Services, Inc. for Residential, Outpatient, and Detoxification Services.

RECOMMENDATION: That the Board of Supervisors authorize and direct the Chair to sign the attached Agreement between Humboldt County and Alcohol Drug Care Services, Inc., for the provision of residential and non-residential alcohol and drug treatment, and non-medical detoxification recovery services effective July 1, 2009; direct the Clerk of the Board to return two executed originals of the Agreement to the Mental Health Branch for transmittal to the contractor and fro retention by the Alcohol and Other Drug Programs.

7.                   Approval of Agreement between Humboldt County and North Coast Substance Abuse Council, Inc. for Residential and Outpatient Services.

RECOMMENDATION: That the Board of Supervisors authorize and direct the Chair to sign the attached Agreement between Humboldt County and North Coast Substance Abuse Council, Inc. for the provision of residential and not-residential alcohol and drug treatment services effective July, 1, 2009; Direct the Clerk of the Board to return two executed originals of the Agreement to the Mental Health Branch for transmittal to the contractor and for the retention by the Alcohol and Other Drug Programs.

Probation

8.                   Approval of First Amendment with County of Del Norte for Placements at the Bar O Boys Ranch.

RECOMMENDATION: That the Board of Supervisors approve the attached First Amendment with County of Del Norte for the placement of juvenile court wards at the Del Norte County Probation Department's Bar-O-Boy Ranch; authorize the Chair to sign three copies of the First Amendment; and direct the Clerk of the Board to forward two signed copies of the First Amendment to the Chief Probation Officer.

Public Works

9.                   Freshwater Road Overlay Paving and Freshwater Safe Routes to School, Project No. SR2S 5904 (095), Contract No. 209800.

RECOMMENDATION: That the Board of Supervisors receive and file the bids for Construction of Freshwater Road Overlay Paving and Freshwater Safe Routes to School; award the contract to Mercer Fraser Co. in the amount of $592,262; authorize the Chairman to execute the project agreement upon submittal of the appropriate bonds and insurance; and direct the Auditor-Controller to establish a new contract account 1200321-0238 and transfer $651,488 to the account per the attached appropriation transfer.

10.               Construction of Indianola Cutoff Rehabilitation and Overlay between Eureka City Limit and Myrtle avenue: Project No.: RPL 5904(062), Contract No. 202711.

RECOMMENDATION: That the Board of Supervisors accept the completed contract, including all change orders approved by the Public Works Department between Mercer Fracer Co., Contractor, and Humboldt County of the rehabilitation and overlay repairs on Indianola Cutoff; and approve the final claim for payment, as submitted by the Public Works Department to the Auditor/Controller, in the amount of $26,319.44.  This will bring the total amount paid to 100% of the contract.

11.               Construction of Storm Damage Repairs on Alderpoint Rd. (F6B165) at PM 0.30 & 0.85, Zenia Bluff Road (F8C090) at PM 2.00; Project No. ER-4400 (027), (034) & (075); Contract No. 206274, 206365 & 206412.

RECOMMENDATION: That the Board of Supervisors receive and file for Construction of Storm Damage Repairs on Alderpoint Road (F6B165) at PM 0.30 & 0.85, Zenia Bluff Road (F8C090) at PM 2.00; Award the contract to Van meter Logging, Inc. in the amount of $68,056.43; authorize the Chairman to execute the project agreement upon submittal of the appropriate bonds and insurance; direct the Auditor-Controller to establish a new contract account 1200321-0239 and transfer $74,862 to the account per the attached appropriation transfer.

12.               Construction of Storm Damage Repairs on Alderpoint Rd (F6B165) at PM 7.6-8.1; Project No. ER-4400 (038); Contract No. 206369.

RECOMMENDATION: That the Board of Supervisors receive and file the bids for Construction of Storm Damage Repairs on Alderpoint Road at PM 7.6-8.1; Award the contract to GR Sundberg, Inc. in the amount of $187,219; Authorize the Chairman to execute the project agreement upon submittal of the appropriate bonds and insurance; Direct the Auditor-Controller to establish a new contract account 1200321-0240 and transfer $205,941 to the account per the attached appropriation transfer.

13.               Humboldt County Correctional Facility Boiler Repair Project.

RECOMMENDATION: That the Board of Supervisors receive the plans and specifications; and authorize the Clerk of the Board to advertise the above-mentioned project, pursuant to Section 22073 of the California Contract Code, with bids to be opened on Tuesday, August 18, 2009 at 2:00 PM.

Sheriff

14.               Accept Donation of 2002 Ford Police Interceptor by County Motor Pool and Assign Vehicle to the Humboldt County Sheriff's Office.

RECOMMENDATION: That the Board of Supervisors accept the donation of 2002 Ford Interceptor (VIN#2FAFP7W62X125726) sedan by the City of Blue Lake to the County Motor Pool so the Vehicle will be properly maintained; assign the vehicle to the Sheriff’s Office for use by the Sheriff's Citizens on Patrol (SCOP); approve supplemental budget in Budget Unit 1100 221 in the amount of $800.

15.               Administrative Modification to 2009 Annual Operating Plan for Cooperative Patrol Operating Plan for Cooperative Patrol Operations between Humboldt County Sheriff's Office and the Six Rivers National Forest.

RECOMMENDATION: That the Board of Supervisor authorize the Chair of the Board of Supervisors and the Sheriff to sign FY2009 Administrative Modification No. 008 (Exhibit A), to Cooperative Law Enforcement Agreement between the Humboldt County Sheriff and the USFS, Six Rivers national Forest; and Direct the Clerk of the board to return the original document to the Sheriff's Office, for further processing/ A fully executed original will be returned for the Board files.

E.                  MATTERS INITIATED BY BOARD MEMBERS

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

F.                  DEPARTMENT REPORTS

Community Development Services

1.                   Resolution Authorizing Submission of Home Grant Application to the HOME Investment Partnership Program for $2,100,000 to assist Humboldt Bay Housing Development Corporation in Acquiring Golden Manor (1510 Railroad Drive, McKinleyville), a 30-Unit Low-Income Senior Housing Complex and Delegate Signature Authority to Community Development Services Director.

RECOMMENDATION: That the Board of Supervisors receive Staff Report and adopt attached Resolution No. ____, authorizing submission of HOME Grant Application to the HOME Investment Partnership Program (HOME) for up to $2,100,000 to assist Humboldt Bay Housing Development Corporation (HBHDC) in acquiring Golden Manor (1510 Railroad Drive, McKlinleyville), a 30 -Unit Low-Income Senior Apartment Complex and delegate Signature Authority to Community Development Services Director to sign grant documents and contracts, after review and approval by County Counsel and Risk Management.

2.                   Resolution authorizing the Submission of an $800,000 HOME Grant application to the State of California Department of Housing and Community Development for a First-Time Homebuyer Program and for an Owner Occupied Rehabilitation Program; and Delegate Signature Authority to Community Development Services Director.

RECOMMENDATION: That the Board of Supervisors receive Staff Report; adopt attached Resolution No. ___, authorizing submission of an $800,000 HOME grant application for a First-Time Homebuyer Program and an Owner Occupied Rehabilitation Assistance Program; and Delegate signature authority to Community Development Services Director, after review and approval by County Counsel and Risk Management, to carry out the activities of the grant; adopt updated Guidelines, Owner Occupied Rehabilitation Assistance Program Guidelines and First-Time Homebuyer Program Guidelines.

County Administrative Office

3.                   Standing Item---Federal and State Budget Update.

RECOMMENDATION: Hear report and take action as appropriate.

4.                   Mitigated Negative Declaration of Environmental Impact and Project Description for Ferndale Fairgrounds Cellular Antennae.

RECOMMENDATION: That the Board of Supervisors find that the procedural requirements of the California Environment Quality Act have been satisfied; Find, based on the evidence presented in the staff report and at the Board Meeting, that the project, with incorporation of the mitigation measures, will not have a significant effect on the environment; find that the Mitigated Negative Declaration reflects the lead agency's independent judgment and analysis; find that the County Administrative Office is the location and custodian of the documents of other material which constitute the record of proceedings upon which this decision is based; approve the recommended mitigation measures and incorporate the measures as part of the project; approve and adopt the recommended mitigation monitoring program, which is contained in Exhibit A to Attachment 1; Approve the attached Mitigated Negative Declaration prepared by staff (Attachment 1); Approve and adopt the project description as shown on page 1 of Attachment 1, with incorporation of the mitigation measures and direct staff to file a Notice of Determination (Attachment 3) with the County Clerk.

G.                 MATTERS SET FOR TIME CERTAIN

H.                  CLOSED SESSION

1.                   Conference with Legal Counsel-Existing Litigation pursuant to Government Code section 54956.9(a), County of Humboldt v. Robert C. McKee; Humboldt Superior Court Case No. DR020825.

2.                   Conference with Legal Counsel - Existing Litigation pursuant to Government Code section 54956.9(a), Kevin McGrath v. Phillip Crandall, Director of Department of Health and Human Services, Humboldt County and Humboldt County Board of Supervisors; Humboldt County Superior Court Case No. CV080924

3.                   Conference with Legal Counsel - Threatened, Potential or Anticipated Litigation pursuant to Government Code section 54956.9, sub.(b)(1), and sub.(b)(3) subpar. (C), (1 case); a written threat of litigation by Legal Services of Northern California in a letter to the Board of Supervisors dated July 21, 2009.

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

K.                  PUBLIC HEARINGS

County Administrative Office

1.                   Public Hearing to Consider Adoption of an Ordinance for the 2009-10 Update of the Humboldt County Schedule of Fees and Charges.

RECOMMENDATION: That the Board of Supervsiors 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, or modify the new, increased, decreased, deleted or changed fees, as shown in the 2009-10 Humboldt County Schedule of Fees and Charges; Introduce by title, Ordinance No. ____, updating the Humboldt County Schedule of Fees and Charges for 2009-10, 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.                   Adoption of the 2009 Update of the Housing Element of the County’s General Plan and Associated Zoning and Subdivision Ordinance and framework Plan Changes, and Certification of the Draft Supplemental Environmental Impact Report (SEIR).

RECOMMENDATION: That the Board of Supervisors open the public hearing and receive staff report; receive public testimony and deliberate on the matter; continue the matter to the meeting of August 18, 2009 (a separate staff report will be prepared for that meeting).

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.

Afternoon Sessions Scheduled for Future Board Meetings

There are no Board meetings on the following days in 2009:  February 17 (Presidents Week – School Break); March 31 (5th Tuesday); June 30 (5th Tuesday); August 4 (Summer Break); August 11 (Summer Break); September 29 (5th Tuesday); November 17 (CSAC Annual conference in Monterey); November 24 Week of Thanksgiving Holiday); December 22 (Christmas Break); December 29 (5th Tuesday/Christmas Break)

 

CURRENT OPENINGS ON BOARDS, COMMITTEES, AND COMMISSIONS

 

Access Humboldt Board of Directors / County Representative

Alcohol and Drug

Area 1 Developmental Disability Board

Assessment Appeals Board

Fire Safe Council

Fish and Game Advisory Commission

Headwaters Fund Board

Housing Authority Commission

Human Rights Commission

In-Home Supportive Services Advisory

Committee

Mental Health Board

Status of Women Commission

Williamson Act Advisory Committee

Workforce Investment Board

 

To request an application, please contact the Clerk of the Board at 476-2384.

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