HUMBOLDT COUNTY COURTHOUSE

SUPERVISORS’ CHAMBER, FIRST FLOOR

825 FIFTH STREET

TUESDAY, SEPTEMBER 27, 2011

9:00 AM

 

A.                  SALUTE TO THE FLAG

B.                  MODIFICATIONS TO THE AGENDA

1.                   Approval of the Board Orders - Meeting of August 30, 2011.

RECOMMENDATION: Approve the Board Order, and authorize Clerk of the Board and the Board Chair, to sign the minute book in accordance with California Government Code Section 25103.

2.                   Automobile Insurance Fraud Grant.

RECOMMENDATION: That the Board of Supervisors adopt the attached Resolution approving the application for an Automobile Insurance Fraud Grant; and Direct the Clerk of the Board to return the completed documents to the District Attorney's Office, attention Mike Hislop, for submission to the State.

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.


Auditor-Controller

1.                   FY 2011-2012 Appropriation Limits.

RECOMMENDATION: That the Board of Supervisors approve the attached resolution and schedules setting forth the FY 2011-2012 appropriation limits in accordance with Article XIIIB of the California Constitution and California Government Code, Title 1, Division 9.

Board of Supervisors

2.                   Informational Item Announcing the Appointment of Patrick Whitchurch as a District 2 Representative on the Humboldt County Housing Authority Commission. (Supervisor Clif Clendenen)

RECOMMENDATION: Receive the report on the appointment of Patrick Whitchurch to the Humboldt County Housing Authority Commission as a District 2 Representative.

3.                   Resolution Honoring the Life of Cassie Burgess. (Supervisor Mark Lovelace)

RECOMMENDATION: Ratify Authorization for Chair to sign the Resolution.

Clerk of the Board

4.                   Approval of the Board Orders - Meeting of September 9, 2011.

RECOMMENDATION: Approve the Board Order, and authorize Clerk of the Board and the Board Chair, to sign the minute book in accordance with California Government Code Section 25103.

5.                   Approval of the Board Orders - Meeting of September 13, 2011.

RECOMMENDATION: Approve the Board Order, and authorize Clerk of the Board and the Board Chair, to sign the minute book in accordance with California Government Code Section 25103.

County Administrative Office

6.                   Secure Rural Schools and Community Self-Determination Act as reauthorized by Public Law 110-343.

RECOMMENDATION: That the Board of Supervisors approve the attached letter electing to reserve eight percent of funding for Title II projects and seven percent for Title III projects received under the Secure Rural Schools and Community Self-Determination Act as reauthorized by Public Law 110-343.

7.                   Rescind Layoffs and Position Allocation Correction.

RECOMMENDATION: That the Board of Supervisors direct the Personnel Director to rescind all layoff notices that have been issued for 2.0 full-time equivalent (FTE) Deputy Sheriff I/II (class 0416) positions in budget unit 260 and approve a correction to the position allocation table as shown on Attachment 1.

Personnel

8.                   Humboldt County Deputy Sheriff's Organization (HDSO) for Representation Unit 6.

RECOMMENDATION: That the Board of Supervisors adopt Resolution No. ______ approving the Memorandum of Understanding between the County of Humboldt and the Humboldt Deputy Sheriffs' Organization (HDSO) for Unit 6; and authorize the Chairman of the Board of Supervisors to execute the Memorandum of Understanding (MOU).


Public Works

9.                   Approve Solid Waste Franchise and Container Site Amendments with Humboldt Sanitation Company, Inc.

RECOMMENDATION: That the Board of Supervisors find pursuant to HCC 521-6(c) that the public health, safety and well-being require a three month extension of the contract with Humboldt Sanitation Company, Inc. for the Northwestern Area and that the following conditions have been met:  a.  At the time of extension or renewal, the services of the existing contract holder are in substantial compliance with the terms and conditions of the franchise or contract. b. The Board of Supervisors shall retain the right to modify existing contracts and agreements to allow the County to comply with changing legislative requirements. c. The extension is not contrary to state or federal law.  Approve the attached Amendment to Solid Waste Franchise Agreement with Humboldt Sanitation for the Northwestern Area extending the term for a period of three months from October 1, 2011 to December 31, 2011. Find pursuant to HCC 521-6(c) that the public health, safety and well-being require a three month extension of the contract with Humboldt Sanitation Company, Inc. for the Willow Creek, Orleans Container Sites and the transport of refuse from the Willow Creek, Orleans, and Weitchpec container sites and that the following conditions have been met: a. At the time of extension or renewal, the services of the existing contract holder are in substantial compliance with the terms and conditions of the franchise or contract. b. The Board of Supervisors shall retain the right to modify existing contracts and agreements to allow the County to comply with changing legislative requirements. c. The extension is not contrary to state or federal law.  Approve the attached Amendment to Agreement with Humboldt Sanitation for the operation of the Willow Creek, Orleans Container Sites and the transport of refuse from the Willow Creek, Orleans, and Weitchpec container sites extending term for a period of three months from October 1, 2011 to December 31, 2011 for the operation of the northern container sites.  Authorize the Chair to execute three (3) original copies of the Amendments referenced above for the provision of solid waste services and operation of container sites, as directed by the Board.  Direct the Clerk of the Board to return two (2) fully executed copies of said Amendments to Public works for distribution.

D.                 SPECIAL PRESENTATIONS

1.                   Proclaim September 26 - 30 2011 as Childhood Obesity Prevention and Fitness Week. (Supervisor Smith)

RECOMMENDATION: Adopt the Proclamation.

2.                   Proclaim September, 2011 as National Recovery Month in Humboldt County. (Supervisor Virginia Bass)

RECOMMENDATION: Adopt the Proclamation.

E.                  ITEMS PULLED FROM CONSENT (IF APPLICABLE)

F.                  DEPARTMENT REPORTS

Public Works

County Administrative Office

1.                   County Administrative Officer Report: Conference Attendance and Various Other Topics.

RECOMMENDATION: That the Board of Supervisors receive an oral report from the County Administrative Officer on his recent conference attendance, and various other topics, and take action as may be required.


Personnel

2.                   Revision of Ordinance Setting Compensation for the Board of Supervisors.

RECOMMENDATION: That the Board of Supervisors introduce the attached ordinance by title, waive the first reading thereof and schedule for adoption on November 1, 2011; and direct staff to post and publish in a newspaper of general circulation published in the County of Humboldt a summary of the ordinance at least five days before the date set for adoption and again fifteen days after passage of the ordinance; approve Board participation in the two – tier retirement program: second tier for Miscellaneous members at 2% @ 55 with a three year final compensation period effective when the contract with the Public Employees Retirement System (PERS) is amended.

Community Development Services

3.                   US Department of Agriculture Rural Enterprise Grant Approval of Final Application and Acceptance of Grant Funds.

RECOMMENDATION: That the Board of Supervisors receive staff report describing the US Department of Agriculture Rural Enterprise Grant (USDA-RBEG) Buy Local Receipt Project; direct staff to receive grant funding from the US Department of Agriculture Rural Enterprise Grant (USDA-RBEG) grant application in the amount of $40,000; and authorize the Community Development Services Director to act on behalf of the County in all matters pertaining to this application.  Authorize the Community Development Services Director to enter into and sign the grant agreement and any amendments thereto with the US Department of Agriculture for the purpose of this grant, and authorize the Community Development Services Director to sign any contracts or sub-recipient agreements, after review and approval of County Counsel and Risk Management, and to carry out the activities of the grant.

4.                   Approval of Headwaters Fund Board's Recommended 2011-12 Grant Fund Awards for the July 1, 2011 Grant Round.

RECOMMENDATION: That the Board of Supervisors receive report and review and approve the slate of Grant Fund Competitive Awards recommended for approval by the Headwaters Fund Board (HFB) (Attachment 1; Attachment 2); and authorize the Chair of the Board to sign the grant contracts when completed, after review and approval by County Counsel and Risk Management.

Public Works

5.                   Ordinance adding Sections 431-13, 431-51 and 437-85, and amending Sections 431-52, Relating to Parking on Bald Hills Road, Harrison Avenue Extension, Harrison Avenue, and Park Street to Title IV of the Humboldt County Code.

RECOMMENDATION: That the Board of Supervisors introduce the attached Ordinance by title and waive the first reading; set the Ordinance to be adopted on October 4, 2011 or at least one week away; direct the Clerk of the Board to publish the pre-adoption summary of the Ordinance and to post a certified copy of the full text of the proposed Ordinance in the office of the Clerk of the Board; and direct the Clerk of the Board to publish a post adoption summary of the Ordinance with the Supervisors voting for and against the Ordinance and to post a copy in the Office of the Clerk of the Board; and direct Public Works to file the attached Notice of Exemption with the County Clerk in accordance with the California Environmental Quality Act.

G.                 MATTERS SET FOR TIME CERTAIN

9:30 a.m. - BOARD OF SUPERVISORS

1.                   Celebrating the 2010 Salmon on the Eel River, A Collaborative Project by our Watershed Youth Presentation.. (Supervisor Clif Clendenen)

RECOMMENDATION: Hear the Presentation and take appropriate action, if required.

H.                  CLOSED SESSION

1.                   Conference with Labor Negotiator - Pursuant to Government Code Section 54957.6, it is the intention of the Board of Supervisors to meet in closed session to review the County's position and instruct its designated labor negotiator with respect to the various forms of compensation provided to the County's represented and unrepresented personnel.  Negotiator:  Dan Fulks. Employee Organizations:  Humboldt Deputy Sheriffs' Organization (Law Enforcement Non-Management Unit).

 

2.                   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 Director of Health and Human Services pursuant to Government Code Sections 54954.5 and 54957.

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

Code Enforcement Unit

1.                   Russel Papstein Abatement Hearing: 4181 Weiler Road, Eureka, CA: AP # 019-161-021.

RECOMMENDATION: That the Board of Supervisors, pursuant to Humboldt County Code sections 351-21 and 351-22, hold an administrative hearing and, consistent with the evidence presented at the hearing, find that a public nuisance exists on the subject property; and adopt the Findings of Nuisance and Order of Abatement in Attachment 1.

2.                   Administrative Abatement Hearing: The Estate of Nolen Phillips, Hwy 299, Willow Creek, California: AP# 522-174-009.

RECOMMENDATION: That the Board of Supervisors, pursuant to Humboldt County Code sections 351-21 and 351-22: Hold an administrative hearing and consistent with the evidence presented at the hearing find that ta public nuisance exists on the subject property; and adopt the Findings of Nuisance and Order of Abatement in Attachment 1.

K.                  PUBLIC HEARINGS

Auditor - Controller

1.                   Resolution Adopting FY 2011-12 Budgets for Special Districts Governed by the Board of Supervisors.

RECOMMENDATION: That the Board of Supervisors adjourn and reconvene as the Board of Directors of those Special Districts governed by the Board of Supervisors.  Open the public hearing; receive reports from staff; receive testimony from the public; close the public hearing; approve and adopt the FY 2011-12 budget for Special Districts governed by the Board of Supervisors; and adopt the attached Resolution No. _____ adopting the FY 2011-12 budgets for Special Districts governed by the Board of Supervisors.

Community Development Services

2.                   Visser General Plan Amendment Petition: File No.: APN 512-221-33 and -45, Case No.: GPP-11-02 - Fieldbrook Area.

RECOMMENDATION: That the Board of Supervisors open the public hearing and receive the staff report and public comment; close the public hearing; accept the petition by approving the attached Resolution (Attachment 1) 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, County Assessor's office, 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.

Matters tentatively Scheduled for Future Board Meetings

There are no Board meetings on the following days in 2011: February 22, 2011 (Presidents’ week), March 29, 2011 (5th Tuesday); May 31, 2011 (5th Tuesday); August 2, 2011 (Summer Break); August 9, 2011 (Summer Break); August 30, 2011 (5th Tuesday); November 22, 2011 (Thanksgiving Break); November 29 (5th Tuesday/CSAC Conference); December 20, 2011 (Christmas Break); December 27, 2011 (Christmas Break)

 

CURRENT OPENINGS ON BOARDS, COMMITTEES, AND COMMISSIONS

 

Ø      Area 1 Developmental Disability Board

Ø      Assessment Appeals Board

Ø      Citizen’s Law Enforcement Liaison Committee

Ø      Emergency Medical Care Committee

Ø      Fire Safe Council

Ø      Fish and Game Advisory Commission

Ø      Housing Authority Commission

Ø      Human Rights Commission

Ø      In-Home Supportive Services Advisory

Committee

Ø      Mental Health Board

Ø      Public Property Leasing Corporation

Ø      Status of Women Commission

Ø      Williamson Act Advisory Committee

Ø      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