HUMBOLDT COUNTY COURTHOUSE

SUPERVISORS’ CHAMBER, FIRST FLOOR

825 FIFTH STREET

TUESDAY, NOVEMBER 10, 2009

9:00 AM

 

A.                  SALUTE TO THE FLAG

B.                  SUPPLEMENTAL AGENDA ITEMS

C.                  SPECIAL PRESENTATIONS

1.                   Resolution Recognizing the 28th Annual Northwest Intertribal Gathering and Elders Dinner. (Supervisor Smith)

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.

Board of Supervisors

1.                   Change the Appointment Status of Kyle Gable and Dax Williamson on the Airport Advisory Committee. (Supervisor Smith)

RECOMMENDATION: Change the appointment status of Kyle Gable to an alternate position and Dax Williamson to a regular member on the Airport Advisory Committee.

2.                   Resolution Proclaiming the Termination of the Redway Community Services District Local Water Emergency.

RECOMMENDATION: Adopt Resolution No. 09-73 proclaiming the termination of said local emergency.

County Administrative Office

3.                   Ratify Ordinance No. 08-13 of the Arcata Fire Protection District, Adopting the 2007 California Fire Code

RECOMMENDATION: That the Board of Supervisors ratify Ordinance No. 08-13 of the Arcata Fire Protection District adopting the 2007 California Fire Code and Standards Prescribing Regulations; transmit its determination to the District within 15 days of this determination; and direct staff to file a copy of the findings of the District, and any findings of the County, together with the adopted ordinance, with the Department of Housing and Community Development.

District Attorney

4.                   Establishment of Consumer and Environmental Protection Trust Fund.

RECOMMENDATION: That the Board of Supervisors approve the establishment of a Consumer and Environmental Protection Trust Fund 3774; and approve a supplemental budget of $80,000 into Budget Unit 1100 205 and direct the Auditor Controller to transfer $80,000 from Fund 3774 to Revenue Account 1100-707-800 and increase line items in Budget Unit 205 for Fiscal Year 2009-10.

Elections

5.                   Appointment of Special District Directors.

RECOMMENDATION: That the Board of Supervisors appoint attached slate of individuals to special district governing boards.

Health and Human Services - Administration

6.                   Appointment to the Humboldt County Children and Families Commission.

RECOMMENDATION: That the Board of Supervisors appoint Katherine Young to the Humboldt County Children and Families Commission as a representative of the Department of Health and Human Services with the term to expire in November, 2013.

Health and Human Services - Mental Health Branch

7.                   Department of Health and Human and Services Security Services and Transportation Services Contract Recommendations.

RECOMMENDATION: That the Board of Supervisors approve awarding a contract for security guard services at the Department of Health and Human Services (DHHS) facilities to American Star Security Corporation; approve awarding a contract for transportation services of DHHS clients to American Star Security Corporation; Approve the contract for combined Security Guard Services and Transportation Services and authorize the DHHS Director to sign and execute this contract with American Star Security Corporation; and approve the attached Letter of Termination for Convenience effective December 31, 2009 and authorize the DHHS Director to sign and send this letter to American Star Security Corporation.

8.                   Extension of Extra-Help Hours for One Mental Health Maintenance Custodian and One Office Assistant I in Fund 1170, Budget Unit 424, Mental Health Branch, Fiscal Year 2009-2010.

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RECOMMENDATION: That the Board of Supervisors approve the extension of extra help hours for Leo Hutson, Mental Health Maintenance custodian and Stephanie West, Office Assistant I to a maximum of 1920 hours during fiscal year 2009-2010 in Fund 1170, Budget Unit 424, Mental Health, pursuant to Section 7 of the Humboldt County Salary Resolution effective immediately.

Health and Human Services - Public Health Branch

9.                   Approve Supplemental Budget in Fund 1175, Budget Unit 411, Hazardous Materials Program.

RECOMMENDATION: That the Board of Supervisors approve supplemental budget of $20,775 in Fund 1175, Budget Unit 411, Hazardous Materials Program for fiscal year 2009-10; and direct the Auditor - Controller to supplement budget Unit 411 for fiscal year 2009-10 per Attachment 1.

10.               Approval of Agreement with Maxim Health Systems, LLC, for Vaccination Services for H1N1 2009 Influenza Flu Vaccine Clinics.

RECOMMENDATION: That the Board of Supervisors approve and authorize the Chairperson of the Board of Supervisors to sign three original agreements with Maxim Health Systems, LLC for vaccination services through May 31, 2010; and direct the Clerk of the Board to return 2 of the 3 signed documents to the Department of Health and Human Services - Public Health Branch.

Health and Human Services - Social Services Branch

11.               Funding for Fraud Investigations and Program Integrity Efforts Related to the In-Home Supportive Services (IHHS) program Pursuant to the California State budget Act of 2009.

RECOMMENDATION: That the Board of Supervisors approve the proposed IHSS Enhanced Anti-Fraud Program Plan for Submittal to the California Department of Social Services (CDSS) and; authorize the Chairperson of the Board of Supervisors to sign two copies of the proposed plan and return them to the DHHS-SSB Director for forwarding to CDSS for review and approval.

Library Services

12.               Recognition of Donations made to the Library and Supplemental Budget in Fund 1500, Budget Unit 621, County Library.

RECOMMENDATION: That the Board of Supervisors accept and recognize donations made to the library in the amount of $6,083.94 for the purpose of purchasing, leasing and processing materials for the Library's collection paying travel and registration costs for Library staff to attend meetings and workshops and general support of the Library's programs and service; adopt a supplemental budget in Fund 1500, Budget Unit 621, County Library, for fiscal year 2009-2010 and authorize the Auditor-Controller to supplement the budget as shown in Attachment 2.

Public Works

13.               Construction of Storm Damage Repairs on Mattole Road (F3D010) at PM 6.33: Project No. ER-4400 (011), Contract No. 206255.

RECOMMENDATION: That the Board of Supervisors accept the completed contract, including all change orders approved by the Public Works Department between Leonardo Logging & Construction, Inc. Contractor and Humboldt County for the storm damage repairs on Mattole Road; approve the final claim for payment, as submitted by the Public Works Department to the Auditor/Controller, in the amount of &11,119.70. This will bring the total amount paid to 100% of the contract; and approve the attached Appropriation Transfer to provide for payment.

14.               Construction of Storm Damage Repairs on Alderpoint Road (F6B165) at PM 43.28-43.31: Project No. ER-4400 (053), Contract No. 206379.

RECOMMENDATION: That the Board of Supervisors accept the completed contract, including all change orders approved by the Public Works Department, between Steelhead Constructors, Contractor, and Humboldt County for the storm damage repairs on Alderpoint Road; and approve the final claim for payment, as submitted by the Public Works Department to the Auditor/Controller, in the amount of $6,772.93. This will bring the total amount paid to 100% of the contract.

15.               Construction of Storm Damage Repairs on Alderpoint Road at PM0.3 & 0.85 and Zenia Bluff Road at PM 2.0: Project No. ER-4400 (027), (034) & (075); Contract No. 206274, 206365 & 206412.

RECOMMENDATION: That the Board of Supervisors accept the completed contract, including all change orders approved by the Public Works Department, between Van Meter Logging, Contractor, and Humboldt County for the storm damage repairs on Alderpoint and Zenia Bluff Roads; and approve the final claim for payment, as submitted by the Public Works Department to the Auditor/Controller, in the amount of $3,249.48. This will bring the total amount paid to 100% of the contract.

16.               Construction of Storm Damage Repairs on Thomas Road at PM 2.70: Project No.: FEMA CA DR 1628 PW-2078, Contract No. 206211.

RECOMMENDATION: That the Board of Supervisors authorize the Director of Public Works to sign Contract Change Order Number 1 for the total amount of $136,250, and approve the attached Appropriation Transfer to provide funding for Change Order Number 1.

Sheriff

17.               Approve Contract with State Department of Boating and Waterways in the amount of $39,000 to purchase a Patrol Boat and Trailer.

RECOMMENDATION: That the Board of Supervisors approve acceptance of the Boating Safety and Enforcement Grant Equipment and Operation Contract for the purchase of a 18-20 foot heavy aluminum boat, with trailer, equipped for patrol, for use in Boating Safety Law Enforcement activities in the amount of $39,000; authorize the Sheriff to sign agreement and all necessary documents to claim reimbursements from the California Department of Boating and Waterways; and direct the Clerk of the Board to certify the approved Board Order and return all documents for processing to the Sheriff’s office, attention Linda Modell.

18.               Allocation of 4.0 FTE Deputy Sheriff I/II Positions in BY 1100221; Disallocation of 4.0 Deputy Sheriff I/II Positions in BU 260.

RECOMMENDATION: That the Board of Supervisors approve the allocation of 4.0 Full-time Deputy Sheriff I/II positions in Budget Unit 1100221 effective the beginning of the firs pay period following approval; approve the disallocation of 4.0 full-time Deputy Sheriff I/II in Budget Unit 1100260 effective the beginning of the first pay period following approval; and approve the attached appropriation transfer.

E.                  DEPARTMENT REPORTS

Community Development Services

1.                   Approval of the Headwaters Fund Board's Recommended Manual Changes.

RECOMMENDATION: That the Board of Supervisors review and approve the recommended Headwaters Fund Manual Changes.

2.                   Approval to Submit State Energy Program Grant and Energy Efficiency and Conservation Block Grant Program Applications to the State of California Energy Commission

RECOMMENDATION: Receive staff report; adopt Resolution No. ___ authorizing submission of a Energy Efficiency and Conservation Block Grant Program (EECBG) grant application requesting $397,763 to implement energy efficiency projects on County Facilities; Adopt the following Resolutions relating to grant applications for an amount not to exceed $10,000,000 in State Energy Program (SEP) funds to implement renewable energy and energy efficiency programs in the North Coast Region: a. Resolution No.____ authorizing submission of a SEP-Municipal Financing Program grant application to establish am AB 811 assessment program to finance energy efficiency and renewable energy improvements; b. Resolution No. ___ authorizing submission of a SEP-California Comprehensive Residential Building Retrofit Program grant application to fund marketing and outreach, energy audits, and energy retrofits.

3.                   Approval of Amendment to the Headwaters Fund Revolving Loan Fund Lender Agreement with the Arcata Economic Development Corporation to Increase the Revolving Loan Fund Allocation from $1.5 million to $2.25 million.

RECOMMENDATION: That the Board of Supervisors receive staff report; review and approve the amendment to the Headwaters Fund Revolving Loan Fund (RLF) lender agreement with the Arcata Economic Development Corporation (AEDC) to increase the RLF allocation from $1.5 million to $2.25 million; and authorize and direct the Chair of the Board to sign the lender amendment between the County and the AEDC.

4.                   Title III, Secure Rural Schools and Community Self-Determination Act of 2000 Funding for County Projects.

RECOMMENDATION: That the Board of Supervisors receive staff report; approve new proposed Title III County Projects for purposes of obtaining public comment; direct the Clerk of the Board to post a public notice for a 45-day public review period; direct the Community Development Services - Planning Division to publish the 45-day public notice and collect public comments; and direct the Planning Division staff to return to your Board following the 45 day public review period with a final recommendation for county Project funding allocations from Title III trust fund 3675.

County Administrative Office

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

6.                   First Quarter Budget Review.

RECOMMENDATION: That the Board of Supervisors receive and file a review of the first quarter budget results for Fiscal Year (FY) 2009-10 and projection for the County's budget situation into FY 2010-11; direct staff to return to the Board with Resolutions for the Board of Supervisors and Lighting District Boards to transfer $80,134 to General Fund; Direct Staff to continue working with the Board's budget subcommittee, department heads, and employee unions to identify additional budget solutions; direct staff to pursue State payment of Fish & Game in Lieu Payments as a priority issue within the County’s 2010 State Legislative Platform; direct staff to return to the Board with Resolutions for the Board of Supervisors and Lighting District Boards to transfer $80,134 to General Fund; and provide additional direction to staff as appropriate.

7.                   Local Vendor Policy.

RECOMMENDATION: That the Board of Supervisors adopt the attached Local Vendor Preference Policy.

County Counsel - Code Enforcement Unit

1.                   Administrative Abatement Funding; Randal and Bonnie Brown; A.P. #510-231-031

RECOMMENDATION: That the Board of Supervisors, pursuant to Humboldt County Code Section 351-31, authorize the cost of abatement to be advanced by the County of Humboldt and, if unpaid by the property owner, that lien be placed against the parcel in the amount of costs of abatement pursuant to Humboldt County Code Sections 351-33-44; approve the transfer from the Code Enforcement Trust Fund, account #3440000 in the amount of $2,500 to the County Counsel's Professional and Special Services, account #1100-121-2-118, to cover the cost of cleanup; approve a supplemental budget in the amount of $2,500 and increase revenue account 1100-121-603-040 in the amount of $2,500 and increase the appropriation  of 1100-121-2-118 to $2,500; and authorize the Code Enforcement Unit to prepare and service an abatement warrant for the parcel, APN 510-231-031 for the Cleanup of the parcel.

Public Works

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.                   Klamath Hydroelectric Settlement Agreement.

RECOMMENDATION: That the Board of Supervisors receive a Public Works staff report regarding the draft Klamath Hydroelectric Settlement Agreement; receive comments from available settlement group participants and the interested public; select a meeting date in December 2009 for this item to return to the Board for further discussion and consideration of support or opposition; and direct Public Works staff and County Counsel to discuss at the December 2009 meeting the potential effects of the draft Klamath Hydroelectric Settlement Agreement on Humboldt County Government.

H.                  CLOSED SESSION

1.                   It is the intention of the Board of Supervisors to meet in closed session to consider the appointment for the position of Agriculture Commissioner/Sealer of Weights and Measures pursuant to Government Code Sections 54954.5 and 54957.

2.                   It is the intention of the Board of Supervisors to meet in closed session to consider the appointment for the position of County Administrative Officer pursuant to Government Code Sections 54954.5 and 54957.

3.                   Conference with Legal Counsel - Existing Litigation (Government Code § 54956.9(a)) Office of Administrative Hearings, State of California In re Case No. 2009090412,  S.T., Student, v. Humboldt County Mental Health. Case Name Unspecified: Student confidentiality protected under California Education Code § 56515; the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232(g) et seq.); 20 U.S.C. §§ 1415(b)(7) and 1417(c); 34 C.F.R. §§ 300.121, 300.508, 300.610 and 300.623.

I.                     PUBLIC APPEARANCES--1:30 P.M.

This 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

K.                  PUBLIC HEARINGS

Community Development Services

1.                   Town of Scotia LLC General Plan Amendment, Zone Reclassification, Final Map, Subdivision, and Planned Development Permit Case No.: GPA-05-01/ZR-05-01/FMS-05-01/PDP-05-01; File No.1 APN 205-351-16 et al. Town of Scotia

RECOMMENDATION: That the Board of Supervisors open the public hearing in the manner prescribed by law and receive staff report, and public testimony; deliberate on the project as necessary; close public hearing; adopt Resolution No. ____ certifying the Final Environmental Impact Report for the project and adopting a Statement of Findings with respect to the California Environmental Quality Act; adopt Resolution No. ____ making the required findings for certifying compliance with CEQA approving the Town of Scotia Company, LLC (TOS) General Plan Amendment, including the change in the urban boundary designation, and Zone Reclassification, and conditionally approving the Final Map Subdivision and Planned Development Permit Application.  Make the required findings for conditional uses, urban development boundary, and solar exception; introduce Ordinance No. ____ by title, waive further reading and adopt Ordinance No. _____ amending Section 311-7 of the Humboldt County Code.  The proposed rezoning would amend the zoning for the approximate 450.9 acre making up the Scotia town site by designating the boundary lines of the following zones and combining zones: Residential Single Family (RS), Residential Multi-Family (RM), Commercial General (CG), Public Facilities (PF); and Planned Unit Development (P), and Design Review (D) combining zones; introduce Ordinance No. ____ by title, waive further reading and adopt Ordinance No.____ amending Section 314—19.1, Design Review, of the Inland Zoning Regulations to establish a Scotia Design Review Committee and add standards for protection of historic structures, and amending Section 314-4 (Public Zones) to add the Public Facility, Urban (PF1) Zone District; introduce Ordinance No. _____ by title, waive further reading and adopt Ordinance No. _____ amending Section 311-7, of the Humboldt County Code.  The proposed rezoning would amend the zoning for 5.7 acres of Residential One Family (R-1) Zoned property within the Scotia Town Site to add a Qualifying (Q) Combining Zone Restricting uses to offsite Accessory garages for single-Family lots in the Town of Scotia; direct Community Development Services – Planning Division to prepare and file a Notice of Determination pursuant to CEQA for the project; direct the Clerk of the Board to give notice of the decision to the applicant, to the Assessor’s Office and any other interested party; and direct the Clerk of the Board to publish pre- and post summaries of the Ordinances five (5) days prior to and within 15 days after adoption by the Board.

2.                   Southern Humboldt Community Park General Plan Amendment Petition, File No.: APN 222-091-03 et seq.; Case No.: GPP -08-02; Garberville Area.

RECOMMENDATION: That the Board of Supervisors open public hearing in the manner prescribed by law; receive the staff report and public testimony; close public hearing; accept the Petition by approving the attached resolution based on the findings in the staff report and testimony received about the project; and direct the Clerk of the Board to give notice of the decision to the applicant and any other interested party.

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.