9:00 AM


A.                  OPENING CEREMONIES

1.                   Salute to the Flag

2.                   Invocation by the Reverend Bob Brazie, Pastor of the United Methodist Church in Fortuna


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.                   Request to Declare That a Local State of Emergency, Per Resolution No. 2000-14, Remains in Effect Until January 6, 2004, Allowing the Department of Public Health to Continue a Needle-Exchange Program   (Supervisor Smith)

RECOMMENDATION: Approve request.

2.                   Resolution of Commendation for Winston Kavanaugh on his Retirement from Humboldt County's Department of Health and Human Services - Social Services Branch after Thirty-One Years of Service   (Supervisor Smith)

RECOMMENDATION: Adopt the Resolution.

3.                   Claim Form to California State Controller's Office for Unclaimed Property   (Supervisor Smith)

RECOMMENDATION: Authorize Chair to sign the California State Controller's Office Claim Form.

Clerk of the Board

4.                   Board Orders from the Meeting of December 2, 2003

RECOMMENDATION: Approve Board Orders, and authorize signing of the Minute Book.

5.                   Appointment to the Vehicle Use Committee

RECOMMENDATION: Appoint Mr. Russell L. Lewis as the Public member with term to expire on June 30, 2004.

County Administrative Office (CAO)

6.                   Contaminated Soil Clean-Up--Jail Phase I

RECOMMENDATION: Authorize the CAO to sign documents necessary to substitute the note and deed of trust used as security for clean-up costs, provided the substituted note is of equal or greater value than the  current note, subject to review and approval of all documents by the CAO, County Counsel, and Risk Manager

District Attorney

7.                   Contract with the County of San Bernardino for the Purchase of STAR Case Management System

RECOMMENDATION: Approve contract and associated supplemental budget of $50,000.

Health and Human Services - Mental Health Branch

8.                   Agreement for the Provision of Alcohol and Other Drug Group and Individual Counseling to Battered and Formerly-Battered Women

RECOMMENDATION: Approve agreement with Humboldt Domestic Violence Services.

9.                   Resolution Authorizing the State Department of Mental Health to Withhold $6,500 from the State General Funds Designated for Initial Distribution to Humboldt County for the Provision of Early and Periodic Screening, Diagnosis and treatment Speciality Mental Health Services in Fiscal Year 2003-04, and to Transfer Said Funds to the California Mental Health Directors' Association to Fund Services on Behalf of Humboldt County Beneficiaries by the Administrative Services Organization

RECOMMENDATION: Adopt Resolution No. 03-__.

10.               Contract with the State Department of Mental Health for Managed Mental Health Care for Medi-Cal Beneficiaries for Fiscal Year 2003-04

RECOMMENDATION: Authorize Mental Health Branch Director to sign said contract.

11.               Fourth Amendment to the Services Agreement with the Humboldt Child Care Council for the Provision of Mental Health and Case Management Services to Medi-Cal Beneficiaries Through June 30, 2004

RECOMMENDATION: Authorize Chair to sign contract amendment.

Health and Human Services - Public Health Branch

12.               Lease with James and Charla Fleming and Lonnie Poer for Property Located at 77 Walnut Way, Willow Creek, at a Monthly Rent of $700 for Office Space for Family Planning, Adult Health Services, Immunizations, and Public Health Nursing Services

RECOMMENDATION: Extend lease through February 28, 2005.

13.               Letter to State Senator Chesbro and Assemblywoman Berg Encouraging the State of California to Fill Several Staff Vacancies Within the California Department of Health Services' Programs for Medi-Cal Administrative Activities and Targeted Case Management

RECOMMENDATION: Authorize Chair to sign letters.

14.               Approval of Supplemental Budget ($12,000) and Amendment to State Agreement for Family Violence Prevention Strategic Planning

RECOMMENDATION: Approve supplemental budget and amendment to State agreement.

15.               Agreement with Prehospital Consulting & Training, Inc. for Garberville Area Emergency Ambulance Services

RECOMMENDATION: Approve agreement, and adopt a supplemental budget of $3,000.

Health and Human Services - Social Services Branch



16.               Temporary Increase in Pay for Pamela Owens, Social Worker IV, as Through She Had Been Promoted to Social Worker Supervisor II

RECOMMENDATION: Authorize temporary increase beginning October 26, 2003, and continuing for a period of six months, or until such time as the regular supervisor returns to her position, whichever occurs first.

17.               Lease for $7,936 Monthly (With Annual CPI Adjustments Not to Exceed Three Percent [3%]) with California Newspapers Partnership, Inc., a Delaware Corporation, for Office Space for the Employment Training Division, Located at 930 Sixth Street in Eureka

RECOMMENDATION: Approve lease through November 30, 2006 with County's option to extend for two one-year terms.

18.               Memorandum of Understanding (MOU) with Eureka Adult School for a Collaborative Effort to Provide Job Club Services to Welfare-to-Work Participants Referred by Social Services Branch

RECOMMENDATION: Authorize Chair to sign MOU.

19.               Purchase of Two Computers for the Humboldt County Personnel Department in Order to Provide Direct Access to the Department's On-Line Application System for CalWORKs Recipients

RECOMMENDATION: Approve purchase ($2,350).


20.               Request to Fill a Vacant Senior Probation Officer Position and a Supervising Juvenile Corrections Officer Position

RECOMMENDATION: Approve the filling of said positions, approve associated supplemental budgets, and direct the Personnel Department to rescind the layoff notice associated with the disallocation of a Senior Probation Officer in Budget Unit 239.

21.               Contract with Lake County for Available Bed Space and Participation in the Northern California Regional Facility New Horizons Program

RECOMMENDATION: Authorize Chair to execute contract.

Public Works



22.               Extension of Extra-Help Appointment for Emily Jacobs, Fiscal Assistant I, to a Maximum of 1,960 Hours for Fiscal Year 2003-04

RECOMMENDATION: Approve extension of extra-help appointment.



23.               Request to Authorize the Auditor-Controller to Establish New Accounts for Courthouse Construction COP Payments

RECOMMENDATION: Approve request, and approve appropriation transfer for $38,280 in Fund 1410 and $309,720 in Fund 1420 from Contingencies to provide funding for the COP payments in the current fiscal year for the Courthouse Remodel and Renovation project.

24.               Construction of Sidewalk Improvements on Railroad Drive; Project No. STPLHSR-5904(047); Contract No. 200800

RECOMMENDATION: Award the project to RAO Construction Company, Inc. for the amount of the base bid ($274,987).


25.               Request that Terri Bittner, Senior Correctional Officer, Be Compensated at the Rate of Correctional Supervisor Beginning January 4, 2004, and Continuing Through May 8, 2004, or Until Correctional Supervisor Wolf Returns, Whichever Occurs First

RECOMMENDATION: Approve request.

Treasurer-Tax Collector

26.               Resolution Adopting Amendment to the Deferred Compensation Plan

RECOMMENDATION: Adopt Resolution No. 03-__, and authorize the Chair to sign the RMD Adoption Agreement Amendment to the 401(a) Plan.

D.                  PUBLIC APPEARANCES--9:05 A.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 voluntarily sign the sheet at the front doors of the Chambers by 9:00 a.m.



1.                   Proclaim December 15-21, 2003 as North Coast Dance Week (Supervisor Smith)

RECOMMENDATION: Adopt the Proclamation.

F.                  DEPARTMENT REPORTS

Community Development Services

1.                   Request for Review and Approval of the Slate of Grant Fund Competitive Award Grants Recommended for Approval by the Headwaters Fund Board, and Request for Review and Approval of the Process to Award Headwaters Grant Fund Discretionary Awards/Mini-Grants, as Recommended by the Headwaters Fund Board

RECOMMENDATION: Approve requests.

2.                   Resolution Directing the Staff of the Economic Development Division to Prepare the Redevelopment Plan, and Authorizing the transmittal of Information to Taxing Agencies and Officials


County Administrative Officer

3.                   Animal Care and Shelter Facility; Project No. 278000

RECOMMENDATION: Approve plans and specifications; hold bid opening on January 20, 2004, at 3:00 p.m.; and direct the Treasurer-Tax Collector to pursue funding for the project in the amount of $3.1 million dollars.



4.                   Request to Increase FTE for Two Animal Control Officers and One Office Assistant in Budget Unit 278, and Transfer of $36,785 from Contingency Fund

RECOMMENDATION: Approve requests.

Clerk of the Board

5.                   Appointment of Board of Supervisors' Chair and Vice Chair for Calendar Year 2004

RECOMMENDATION: Appoint a Chair and Vice Chair for Calendar Year 2004.


1.                   Ordinance Adding to the Humboldt County Code Guidelines Pertaining to Medical Marijuana for the Implementation of Proposition 215 and California Senate Bill 420 (Supervisor Rodoni)

RECOMMENDATION: 1) Consider Ordinance adding Chapter 1 of Division 8 of Title V to the Humboldt County Code pertaining to medical marijuana guidelines for implementation of Proposition 215 and California Senate Bill 420. 2) Introduce ordinance by title, waive the first reading, and set for adoption. 3) Direct Clerk of the Board to publish summary of ordinance 5 days prior to and within 15 days following its adoption.


10:00 a.m. - Board of Supervisors

1.                   Presentation by Ben Morehead on the Humboldt County Agriculture Survey   (Supervisor Rodoni)

RECOMMENDATION: Hear the presentation, and take appropriate action.

I.                     CLOSED SESSION

1.                   Standing Item--Report from Prior Closed Session   (if required)

2.                   Standing Item--Pursuant to Government Code Section 54957.6, Review the County's Position, and Instruct Designated Representatives with Respect to the Various Forms of Compensation Provided to the County's Represented and Unrepresented Employees   (if required)

3.                   Standing Item--Report on Pending or Threatened Litigation Pursuant to Government Code Section 54956.9   (if required)

4.                   Conference with Legal Counsel--Initiation of Litigation Pursuant to Government Code Section 54956.9 (One Case)


Code Enforcement Unit (CEU)



1.                   Humboldt County vs. Leona C. and Ted Stevens; Assessor's Parcel No. 514-051-011; Trinidad Area

RECOMMENDATION: Authorize the cost of abatement to be advanced by the County of Humboldt and, if unpaid by the property owner, that a lien be placed against the parcel in the amount of the costs of abatement.  Transfer $1,500 from Contingencies to cover the cost of cleanup.



2.                   Humboldt County vs. Kenneth and Lynne Burns;  Assessor's Parcel No. 510-391-008; McKinleyville

RECOMMENDATION: Authorize the cost of abatement to be advanced by the County of Humboldt and, if unpaid by the property owner, that a lien be placed against the parcel in the amount of the costs of abatement.  Transfer $3,250 from Contingencies to cover the cost of cleanup.

3.                   Humboldt County vs. Zed and Jud Kirkpatrick; Assessor's Parcel No. 107-241-002; Honeydew

RECOMMENDATION: Receive the report of the CEU regarding the current status of the Kirkpatrick property, and make recommendations to the CEU and/or property owners regarding further abatement measures.

K.                  PUBLIC HEARINGS

Community Development Services

1.                   Feasibility Study on Manure Digesters for Humboldt County Dairy Farmers; Funded by Community Development Block Grant No. 01-EDBG-782

RECOMMENDATION: Direct staff to complete closeout of CDBG o. 01-EDBG-782 for the manure digester part of the grant.

2.                   Guttero Plan Amendment Petition; Trinidad Area; File No. 517-041-12 et al; Case No. GPP-02-02

RECOMMENDATION: Based on the findings in the staff report, and testimony received about the project, reject the petition by adopting Resolution No. 03-___.

3.                   HJK ENTERPRISES Amendment to Agricultural Preserve No. 77-17, Notice of Merger, and Zone Reclassification (Amend the Land Conservation Contract to Add 177 Acres to the Elizabeth K. Johnson; Hulse-Kinsey Trust Class B Agriculture Preserve, Merge Lands with Contiguous Lands Within the Preserve, and Reclassify Lands Currently Zoned Agriculture Exclusive and Unclassified into Agriculture Exclusive with a Special Building Site Combining Zone Specifying a 160-Acre Minimum Parcel Size.)  File Nos. 033-170-02 et al. Case Nos. AGP-01-03/NOM-02-07/ZR-01-04; Benbow Area

RECOMMENDATION: Adopt the necessary findings prepared by Planning staff.  Adopt Resolution No. 03-___, amending the Elizabeth K. Johnson; Hulse-Kinsey Trust Class "B"

Agricultural Preserve. No. 77-17 and approving the merger and zone reclassification.  Adopt Ordinance No. ____, amending Section 311-7 of the Humboldt County Code by reclassifying property in the Benbow area, i.e., those lands currently zoned Agriculture Exclusive (AE) within APN 223-023-01 and those lands currently zoned Unclassified within APNs 033-170-02, -03 and 216-074-02 to Agriculture Exclusive with a Special Building Site combining zone specifying a 160-acre minimum parcel size (AE-B-5[160]).  Authorize the Chair of the Board to execute the Resolution Amending Resolution No. 03-__ to add 177 acres to the Elizabeth K. Johnson; Hulse-Kinsey Trust Class B Agricultural Preserve No. 77-17.  Authorize the Chair of the Board to execute the amended Land Conservation Contract.

4.                   Adoption of the 2003 Update of the Housing Element of the County's General Plan and Associated Zoning Ordinance and Plan Changes

RECOMMENDATION: Approve EIR Findings of Fact, approve EIR Statement of Overriding Considerations, and certify EIR by approving submitted resolutions.  Continue to a time and date certain in February 2004 the hearing item to adopt coastal implementing ordinances and plan changes to ensure proper noticing consistent with updated Coastal Commission requirements.  Introduce Zoning Ordinances for Inland Areas by title and waive further reading.  Adopt Ordinance No. ____, amending Division I of Title III of the Humboldt County Code (the Zoning Ordinance), Sections 312-17 & 312-50 of Chapter 2, Sections 314-2.1 through 314-2.4, 314-6.4, 314-6.5, 314-31.1, 314-87.1, 314-99.1, 314-109.1 and 314-112.1 of Chapter 4, and Division II of Title III of the Humboldt County Code (the Subdivision Ordinance), Section 322-3.  Adopt 2003 Housing Element Update, inland implementing ordinances, and changes to Framework Plan and Community Plans by approving submitted resolutions.  Direct Planning Staff to file a Notice of Determination for the project.  Direct the Clerk of the Board to give notice of the decision to any interested party and to publish the summary of the ordinance changes for the inland areas with the names of the Board members voting for and against the ordinance changes and to post in the office of the Clerk of the Board a certified copy of the ordinance changes within 15 days after adoption by the Board.

L.                   ADJOURNMENT

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).



There are no Board meetings on December 23, 2003, and December 30, 2003.


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