HUMBOLDT COUNTY COURTHOUSE

SUPERVISORS’ CHAMBER, FIRST FLOOR

825 FIFTH STREET

TUESDAY, NOVEMBER 15, 2011

9:00 AM

 

A.                  SALUTE TO THE FLAG

B.                  MODIFICATIONS TO THE AGENDA

1.                   Klamath Basin Economic Restoration Act of 2011 Letters of Support. (Consent) (Supervisor Lovelace and Supervisor Sundberg)

RECOMMENDATION: That the Board of Supervisors:

 

1)         Approve the attached comment letter to the U.S. Department of the Interior, Bureau of Reclamation and California Department of Fish & Game regarding the Draft Environmental Impact Statement/Environmental Impact Report for Klamath Facilities Removal.

 

2)         Approve the attached letter of support to Congressman Thompson and his 15 co-sponsors for Congressman Thompson's introduction of the Klamath Basin Economic Restoration Act.

 

3)         Authorize the Chair to submit letters supporting implementation of the Klamath settlement agreements and associated legislation on behalf of the Board as appropriate.


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.

Board of Supervisors

1.                   Certificates of Recognition for "Night of Courage" Honorees. (Supervisor Virginia Bass)

RECOMMENDATION: Ratify authorization for Chair to sign certificates

2.                   Certificate of Recognition for Rita Sicard's 80th Birthday. (Supervisor Virginia Bass)

RECOMMENDATION: Ratify Authorization for Chair to sign Certificate of Recognition.

3.                   Appointment of Ross Rowley to the Fortuna Cemetery District Board of Directors. (Supervisor Clif Clendenen)

RECOMMENDATION: Appoint Ross Rowley to the Fortuna Cemetery District Board of Directors

Clerk of the Board

4.                   Board Orders - Meeting of November 1, 2011.

RECOMMENDATION: That the Board of Supervisors approve the Board Orders from the meeting of November 1, 2011.

5.                   Approval of the Board Orders - Meeting of November 8, 2011.

RECOMMENDATION: That the Board of Supervisors approve the Board Orders from the meeting of November 8, 2011.

County Counsel

6.                   Authorization for County Counsel to negotiate and execute contracts with special districts to provide legal services.

RECOMMENDATION: That the Board of Supervisors authorize the County Counsel to negotiate and execute contracts in substantially the form attached hereto with special districts or other local agencies requesting legal services.

District Attorney

7.                   Consumer Fraud Investigator.

RECOMMENDATION: That the board of Supervisors approve the allocation of 1.0 Full Time Equivalent (FTE) Investigator (District Attorney) (Class #0412, salary range 425) position in budget unit 205, effective immediately; approve the transfer of $115,138 from the Consumer Fraud Trust Fund to the Humboldt County District Attorney's general budget 1100 205; approve the attached fiscal year (FY) 2011-12 Supplemental budget for the District Attorney's Office, Consumer Fraud Investigator; approve the purchase of one vehicle; and approve the donation of the vehicle to the County Motor pool, for capitalization, maintenance, and Insurance.

Health and Human Services - Mental Health Branch

8.                   Approve the Second Option to Extend the Lease Agreement with Rosemarie Dinsmore.

RECOMMENDATION: That the Board of Supervisors approve the second option to extend the Lease Agreement at 1711 Third Street with Rosemarie Dinsmore for the period of February 1, 2012 through January 31, 2013; direct the Clerk of the Board to return one executed Board agenda item to Public Works-Real Property Agent; and authorize the Public Works-Real Property Agent to send a letter notifying Rosemarie Dinsmore that the County is exercising the option to extend the lease for an additional one year term, from February 1, 2012 through January 31, 2013.


Public Works

9.                   Award Authorization for Site Service Entrance - Coroner's Office, County of Humboldt, Project No. 170214.

RECOMMENDATION: That the Board of Supervisors receive and file the bids for the Humboldt County Site Service Entrance - Coroner's Office Project; award the project to the lowest responsible and responsive bidder, Sequoia Construction Specialties, Eureka, Ca in the amount of $38,675 for the base bid and authorize the Chairman to execute the agreement with Sequoia Construction Specialties, after staff approves the bonds and insurance.

10.               Construction of Storm Damage Repairs on Alderpoint (F6B165) at PM 46.95, 41.00-41.05, & 45.78-46.15, Project No.: ER-4400 (047), (058), Contract No.: 206387, 206416 & 206420.

RECOMMENDATION: That the Board of Supervisors Accept the completed contract, including all change orders approved by the Public Woks Department, between G.R. Wilcox Enterprises, Inc., and Humboldt County for the storm damage repairs on Alderpoint Road at PM 46.95, 41.00-41.05 &45.78-46.15; and approve the final claim for payment, as submitted by the Public Works Department to the Auditor/Controller, in the amount of $7,635.24.  This will bring the total amount paid to 100% of the contract.

11.               Construction of Storm Damage Repairs on Alderpoint Road (FB) at PM 45.40-45.46 and 45.64-45.65, Project No.: ER-4400 (056) & (057), Contract No.: 206382 & 206385.

RECOMMENDATION: That the Board of Supervisors accept the completed contract, including all change orders approved by the Public Works Department, between Hambone Construction Inc., and Humboldt County for the storm Damage repairs on Alderpoint Road at PM 45.40-45.46 and 45.64-45.65; and approve the final claim for payment, as submitted by the Public Works Department to the Auditor/Controller, in the amount of $59,235.13.  This will bring the total amount paid to 100% of the contract.

12.               License Agreement with McKinleyville Rodeo Association.

RECOMMENDATION: That the Board of Supervisors approve by 4/5 vote the attached License Agreement with McKinleyville Rodeo Association; authorize the chairperson to execute the License and direct the Clerk of the Board to return one original executed License to Real Property for transmittal to the McKinleyville Rodeo Association.

13.               Humboldt Hill Road (3J010) Rehabilitation and Overlay Project between PM 0.0 & 1.0, Project No.: RPL-5904(064), Contract No.: 202708.

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, January 17, 2012 at 2:00 pm.

14.               Supplemental Budget for Water Management.

RECOMMENDATION: That the Board of Supervisors adopt the attached Supplemental Budget and approve the attached Appropriation Transfer.

15.               Supplemental Budget for FY 2011/12 for Arcata-Eureka Airport (ACV) Runway 01 Runway Safety Area (RSA) Grading - Airport Improvement Program (AIP) 03-06-0010-37, Project No. 919264.

RECOMMENDATION: That the Board of Supervisors approve charging AIP 37 project cost overrun of $300,000 to AIP 34/35; adopt the attached supplemental budget for FY 2011/12; Accept the work of the contractor, Ford Logging Inc., as complete for their portion of the above - mentioned Project; authorize the Public Works Director to file the Notice of Completion for the above - mentioned general contractor for their portion of the Project as required; and authorize the Public Works Director to sign the attached Change Order No. 3.0 for a $15,736.97 cost increase.

Sheriff

16.               Approval of Subtenant Agreement (with Long Prairie Gun and Archery Club) for use of Facility for Pistol, Rifle, and Shotgun Training.

RECOMMENDATION: That the Board of Supervisors authorize the Chair of the Board of Supervisors to sign Subtenant Agreement (Gun Club) between the County of Humboldt (Subtenant) and Long Prairie Gun and Archery Club (Sublandlord) of leased property owned by Green Diamond Resource Company for the purpose of range training; and direct the Clerk of the Board to return tow fully executed Subtenant Agreements to Real Property.

Elections.

17.               Appointment of Special District Directors.

RECOMMENDATION: That the Board of Supervisors appoint a slate of individuals to special district governing boards pursuant to California Election Code 10515.

D.                  SPECIAL PRESENTATIONS

1.                   Proclaim November 17, 2011 as the American Cancer Society's Great American Smokeout. (Supervisor Jimmy Smith)

RECOMMENDATION: Adopt the Proclamation.

E.                  ITEMS PULLED FROM CONSENT (IF APPLICABLE)

F.                  MATTERS INITIATED BY BOARD MEMBERS

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

G.                 DEPARTMENT REPORTS

County Counsel

1.                   Request for Transfer of Funds from the Code Enforcement Trust Fund Cleanup of Public Property Area of Third and D Streets, Fields Landing.

RECOMMENDATION: That the Board of Supervisors authorize the Code Enforcement Unit to abate the violations that exist on the public property in the area of the intersection of Third and D streets in Fields Landing and authorize a transfer from the Code Enforcement Trust Fund Account #344000, in the amount of $15,000 to the County Counsel's revenue account #1100-121-603-040 to cover the cost of the abatement and Authorize the Auditor-Controller to execute the supplemental budget shown in Attachment 1 for fiscal year 2011-2012.

Public Works

2.                   New Air Service Incentive Program.

RECOMMENDATION: That the Board of Supervisors receive a staff report from Public Works; approve a standing New Air Carrier Service Incentive Program and authorize the Department to waive all fees as allowed by the Federal Aviation Administration for one year period for any new air Carrier Service that chooses to operate out of the Arcata - Eureka Airport; and authorize the Chair of the Board to sign letters to each airline for which the Department sends the promotional package.

H.                  MATTERS SET FOR TIME CERTAIN

I.                     CLOSED SESSION

1.                   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 Personnel Director 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 Administrative Assistant to the Board of Supervisors pursuant to Government Code Section 54954.5

J.                   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.

 

K.                  ADMINISTRATIVE ABATEMENT HEARINGS

Code Enforcement Unit

L.                   PUBLIC HEARINGS

Community Development Services

1.                   Zoning Ordinance Revisions - Medical Marijuana Uses; Case No.: OR-11-01 - Applies Countywide.

RECOMMENDATION: That the Board of Supervisors Introduce the Ordinance No. ___ by title and waive further reading; open the public hearing, receive and consider the staff report and proposed determination of exempt status under CEQA, and accept public comment; close the Public Hearing; deliberate on the Ordinance; Adopt Resolution No. ___ approving the proposed Zoning Ordinance Changes. Approval of the proposed changes to Chapter 4 of the Zoning Regulations (Outside the Coastal Zone) will become effective 30 days from the date of its passage.  Approval of the proposed changes to Chapter 3 (Inside the Coastal Zone) will become effective upon certification by the Coastal commission.  (The resolution also directs staff to submit the proposed amendments to the California Coastal Commission for certification.); adopt Ordinance No. ___ adding sections 313-55.1 and 314-55.1 to Title III of the Humboldt County Code relating to the regulation of medical marijuana collective or cooperative distribution facilities (CCDF) and indoor cultivation of medical marijuana within a residence; direct the Community Development S

M.                 AFTERNOON DEPARTMENTAL ITEMS

1.                   County Administrative Officer Report:  Medical Marijuana Outdoor Cultivation Ordinance and Various Other Topics.

RECOMMENDATION: That the Board of Supervisors receive an oral report from the County Administrative Officer on an update regarding the County's adaptation of Mendocino County Ordinance 9.31 regarding outdoor cultivation of medical marijuana, and various other topics, and take action as may be required.

N.                  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