Tuesday, October 02, 2001

 

REGULAR SESSION

Humboldt County Courthouse
Supervisorsí Chamber, First Floor
825 Fifth Street, Eureka

9:00 AM

 

A.                  OPENING CEREMONIES

1.                   Salute to the Flag.

2.                   Invocation by the Reverend Gene Ulrich, Associate Pastor of the Faith Center Foursquare Church.

B.                  AGENDA ADDITIONS AND/OR DELETIONS

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.                   Distribution of Excess Proceeds from June 29, 2000 Public Auction On June 29, 2000, Treasurer Tax Collector Stephen Strawn sold a number of delinquent property tax parcels at public auction.Some of the parcels sold for more than the amount required to pay the parcel's back taxes and its share of the cost of preparing for and conducting the auction.A completed review of the claims for excess proceeds are presented for recommended distribution.

Action:Approve distribution of excess proceeds.

MOTION:Motion to approve.

MOTION:Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley, Bonnie Neely and Paul Kirk NAYS: None ABSENT: None ABSTAIN: None

Board of Supervisors

2.                   Letter of Appreciation to Gina Jorgenson Commission on the Status of Women Gina Jorgenson has resigned from the Humboldt County Commission on the Status of Women to pursue her education at UC Davis.The Board wishes to send a letter of appreciation for her time and service to the citizens of Humboldt County.(Supervisor Rodoni)

Action:Accept Gina Jorgensonís resignation and send letter of appreciation.

MOTION:Motion to approve.

MOTION:Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley, Bonnie Neely and Paul Kirk NAYS: None ABSENT: None ABSTAIN: None

3.                   Continuation of Emergency Transmission of Disease through contaminated needle use Dr. Lindsay has determined that the emergency still exists and the Resolution should remain in effect for an additional fourteen days until October 16, 2001. (Supervisor Woolley)

Action:Extend local state of emergency until October 16, 2001.

MOTION:Motion to approve.

MOTION:Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley, Bonnie Neely and Paul Kirk NAYS: None ABSENT: None ABSTAIN: None

4.                   Roll-over Save the Redwoods League judgment and settlement account into a 91 day Certificate of Deposit On August 24, 1999 a non-interest bearing checking account was established at Humboldt Bank in Eureka as a judgment and settlement account totaling $40,000 for Save the Redwoods League litigation on the Phillipsville Motocross.Supervisor Roger Rodoni and Save the Redwoods League's Executive Director and Secretary Katherine Anderton are the signing authorities.These funds are considered part of the County General Plan's scoping process.As a result of a Board Order dated October 10, 2000 the funds were transferred to a 181 day CD.As per a Board Order dated April 10, 2001 the funds were rolled-over from a 181 day CD to a 91 day CD account number 01-007212.(Supervisor Woolley)

Action:Approve request and authorize the Chair and Supervisor Rodoni to sign the letter to allow the roll-over of these funds into a 91-day CD account.

MOTION:Motion to approve.

MOTION:Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley, Bonnie Neely and Paul Kirk NAYS: None ABSENT: None ABSTAIN: None

Clerk of the Board

5.                   Approval of the Board Orders from the meeting of July 10, 2001 Board Order No. J-1 from the Board of Supervisors' meeting of July 10, 2001.

Action:Approve the Board Orders.

MOTION:Motion to approve.

MOTION:Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley, Bonnie Neely and Paul Kirk NAYS: None ABSENT: None ABSTAIN: None

6.                   Approval of the Board Orders from the meeting of September 11, 2001. Board Orders from the Board of Supervisors' meeting of September 11, 2001:D-1, H-1, H-2 and J-1.

Action:Approve the Board Orders.

MOTION:Motion to approve.

MOTION:Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley, Bonnie Neely and Paul Kirk NAYS: None ABSENT: None ABSTAIN: None

7.                   Approval of the Board Orders from the meeting of September 18, 2001 Board Orders from the Board of Supervisors' meeting of September 18, 2001:D-1, G-3, I-3, I-4 and K-1.

Action:Approve the Board Orders.

MOTION:Motion to approve.

MOTION:Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley, Bonnie Neely and Paul Kirk NAYS: None ABSENT: None ABSTAIN: None

Community Development Services

8.                   Interagency Agreement Willow Creek Community Services District At the August 22, 2000 meeting the Board heard testimony from the public regarding submission of a grant application for the State of California Dept. of Housing and Community Development Block Grant (CDBG) Planning and Technical Assistance Allocation.In this hearing the Board agreed to apply for a feasibility study of a Klamath/Trinity Dump Facility.At the February 6, 2001 meeting the grant concept was expanded to include a more general look at wastewater treatment and the Board agreed to submit an application.Willow Creek Community Services District was expected to carry out the study and listed as such in the application.The County of Humboldt received a signed grant contract in June.WCCSD was approved in the original application and we need to formalize the agreement by signing a subrecipient agreement.

Action:Approve agreement pertaining to feasibility study of Klamath/Trinity Dump Facility.

MOTION:Motion to approve.

MOTION:Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley, Bonnie Neely and Paul Kirk NAYS: None ABSENT: None ABSTAIN: None

County Administrative Office

9.                   Schedule a Public Hearing and adoption of an ordinance for the Year 2002 update of the Humboldt County schedule of fees and charges Annually, the departments review County fees and charges to determine whether they are sufficient to recoup costs associated with providing services to the public.Government Code Sections 54986 and 66018 require that prior to adopting a resolution or ordinance approving a new fee or changing an existing fee, the Board hold a public hearing at which time oral or written presentations can be made.

Action:Schedule public hearing for October 23, 2001 at 1:30 p.m.

MOTION:Motion to approve.

MOTION:Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley, Bonnie Neely and Paul Kirk NAYS: None ABSENT: None ABSTAIN: None

District Attorney

10.               Reallocation of Supervising Legal Secretary to Legal Office Services Manager The Personnel Department recently completed a classification review of the existing Supervising Legal Secretary position and has recommended the position be reallocated to Legal Office Services Manager.The review was requested as a result of organizational changes implemented that impacted the position.

Action:Approve reallocation.

MOTION:Motion to approve.

MOTION:Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley, Bonnie Neely and Paul Kirk NAYS: None ABSENT: None ABSTAIN: None

Health and Human Services - Administration

11.               Authorize temporary increase in salary pursuant to Section 7 of the Humboldt County Salary Resolution After formation of the DHHS in August 2000 and in accordance with Board direction, functional workgroups were established in the areas of Management Information Services, Employee Services and Financial Services to review, plan, and make recommendations leading to the consolidation of DHHS administrative functions.These workgroups are staffed by representatives from each of the DHHS branches.In order to continue to advance the work of consolidation, DHHS recommends two temporary lead assignments be established with the responsibility to provide direction to the workgroups and make recommendations.

Action:Approve temporary salary increase for Carole Patton and Lorraine Davey.

MOTION:Motion to approve.

MOTION:Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley, Bonnie Neely and Paul Kirk NAYS: None ABSENT: None ABSTAIN: None

Health and Human Services - Mental Health Branch

12.               Employment Agreement for Mental Health Physician/Psychiatrist The Board has authorized the Assistant Director-Administration, DHHS, to negotiate employment agreements with psychiatrists employed by DHHS-Mental Health.Through this Employment Agreement, Dr. Strong will be employed as 1.0 Physician/Psychiatrist in a currently vacant allocated position providing psychiatric services in DHHS programs.Dr. Strong came to DHHS-MH as a Locum Tenens physician placement.

Action:Approve agreement for physician/psychiatrist services.

MOTION:Motion to approve.

MOTION:Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley, Bonnie Neely and Paul Kirk NAYS: None ABSENT: None ABSTAIN: None

Health and Human Services - Social Services Branch

13.               Approve agreement with Jefferson School for use of CalWorks incentive funds Jefferson School has submitted a proposal to use incentive funds for a summer camp and an after-school program to provide academic, enrichment and recreational activities to eligible students.

Action:Approve agreement.

MOTION:Motion to approve.

MOTION:Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley, Bonnie Neely and Paul Kirk NAYS: None ABSENT: None ABSTAIN: None

Library Services

14.               Request to Compensate Debra Hill Library Assistant II at salary range 287. Grant funding is available for funding Debra Hill's hours as a Librarian for this period of time.Debbie will be performing professional cataloging work at the level of Librarian II.

Action:Approve request through January 5, 2002.

MOTION:Motion to approve.

MOTION:Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley, Bonnie Neely and Paul Kirk NAYS: None ABSENT: None ABSTAIN: None

Public Works

15.               Approve Contract Change Order #2 for Culvert Replacement at Clear Creek on Mattole Road, Project No. Fish Passage SB-271, Contract No. 200306 Contract Change Order Number 2 involves installing and removing a railroad flat car across the Mattole River and constructing an approach road from Conklin Creek Road (2D010) to Mattole Road (F3010).

Action:Approve $22,753 change order for Contract No. 200306.

MOTION:Motion to approve.

MOTION:Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley, Bonnie Neely and Paul Kirk NAYS: None ABSENT: None ABSTAIN: None

16.               Approve Contract Change Order #1 for construction of Elk River Road (F3J300), PM 0.45 to 1.63, Project No. RPL-5904 (035), Contract No. 990707 Contract Change Order Number 1 involves compensating the contractor for removing unstable sub-grade material and replacing it with imported borrow, river run gravel.Also, included in this change order are various extra work items that were performed at the Engineer's request to upgrade existing drainage facilities and to make the new headwall at Engineer's Station 42+80, fit within the County's Right of Way.

Action:Approve $41,399.98 change order for Project No. RPL-5904 (035).

MOTION:Motion to approve.

MOTION:Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley, Bonnie Neely and Paul Kirk NAYS: None ABSENT: None ABSTAIN: None

17.               Reject bids for Thermoplastic Pavement Marking at various locations, Project No. STPLHG-5904 (048) Contract No. 200850. On August 8, 2001 the Board approved the plans and specifications for the project and on September 11, 2001 bids were opened.

Action:Reject bid submitted on September 11, 2001.

MOTION:Motion to approve.

MOTION:Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley, Bonnie Neely and Paul Kirk NAYS: None ABSENT: None ABSTAIN: None

D.                  SPECIAL PRESENTATIONS

1.                   Proclamation October 2001 is AIDS Awareness Month The Health and Human Services Department's Public Health Branch has requested the Board of Supervisors' to declare October as AIDS Awareness Month as sponsored by the North Coast AIDS Project.(Supervisor Neely)

Action: Adopt proclamation.

MOTION:Motion to approve.

MOTION:Roger Rodoni SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley, Bonnie Neely and Paul Kirk NAYS: None ABSENT: None ABSTAIN: None

2.                   Proclamation the first Week in October is Mental Illness Awareness Week in Humboldt County. The Humboldt County Board of Supervisors proclaims the first week in October as Mental Illness Awareness Week and encourages everyone to learn more about mental illness and to support local efforts to improve the quality of life for all our citizens. (Supervisor Woolley)

Action:Adopt proclamation for first week of October 2001.

MOTION:Motion to approve.

MOTION:Bonnie Neely SECOND: Jimmy Smith AYES: Jimmy Smith, Roger Rodoni, John Woolley, Bonnie Neely and Paul Kirk NAYS: None ABSENT: None ABSTAIN: None

3.                   Proclaim October 2001 as Car Care Month Vehicle maintenance is important for safety and financial reasons, and the purpose of Car Care Month is to bring public awareness to the benefits of auto maintenance.Leon's Mufflers and Brakes is providing for free a Car Care Clinic at the Bayshore Mall on Saturday, October 13, 2001.The Board Wishes to proclaim October 2001 as Car Care Month. (Supervisor Neely)

Action:Adopt proclamation.

MOTION:Motion to approve.

MOTION:Bonnie Neely SECOND: Jimmy Smith AYES: Jimmy Smith, Roger Rodoni, John Woolley, Bonnie Neely and Paul Kirk NAYS: None ABSENT: None ABSTAIN: None

E.                  DEPARTMENT REPORTS

Public Works

1.                   Change Orders over $10,000 on Public Works Projects.(None)

2.                   Advertisement or award public works projects.(None)

Community Development Services

3.                   Central Estates Final Map Subdivision and Zone Reclassification APN 508-251-21 (McKinleyville Area) At the Board's direction, staff has prepared and Counsel has reviewed the resolution and findings of the Board's actions to adopt mitigated negative declaration, deny the appeal, uphold the Planning Commission's actions on the Tentative Map and approve the zone reclassification as recommended by the Planning Commission.

Action:Adopt Resolution No. 01-80.Affirm requirement the applicant entered into an agreement with the County for preparation of Environmental Impact Report.

MOTION:Motion to approve.

MOTION:Paul Kirk SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley, Bonnie Neely and Paul Kirk NAYS: None ABSENT: None ABSTAIN: None

District Attorney

4.                   Child Support program changes pursuant to Assembly Bill 196 & Senate Bill 542 AB 196 and SB 542 were signed by the Governor on September 24, 1999 and became effective January 1, 2000.Together these bills overhaul the organization, administration and funding of the child support program.They shift current oversight of the County child support programs from a bureau within the State Department of Social Services to a new Department of Child Support Services within the California Health and Human Services Agency.

Action:Approve request and submit plan to the Board for review.

MOTION:Motion to approve.

MOTION:Paul Kirk SECOND: Jimmy Smith AYES: Jimmy Smith, Roger Rodoni, John Woolley, Bonnie Neely and Paul Kirk NAYS: None ABSENT: None ABSTAIN: None

Clerk of the Board

5.                   Board of Directors California State Association of Counties Under provisions of the CSAC Constitution members of the Board of Directors and alternates are elected by their respective boards of supervisors to one-year terms of office commencing with the first day of the CSAC annual conference.

Action:Appoint Supervisor Rodoni as member and appoint Supervisor Neely as alternate.

MOTION:Motion to approve.

MOTION:Paul Kirk SECOND: Jimmy Smith AYES: Jimmy Smith, Roger Rodoni, John Woolley, Bonnie Neely and Paul Kirk NAYS: None ABSENT: None ABSTAIN: None

F.                  MATTERS INITIATED BY BOARD MEMBERS

1.                   Review decision to provide testimony to California Fish and Game Commission on Marine Reserve Protection Act The California Fish and Game Commission is holding a hearing on November 2, 2001 in Redding.The Board of Supervisors requested to be on the agenda to provide testimony as per the Board Order dated August 21, 2001.Governor Davis recently signed legislation to extend the Marine Reserve Protection Act process for final adoption in December 2003.Due to this extension and change in the final adoption date, the Commission's executive director has asked Supervisor Kirk if the Board still intends to give testimony in November.

Action:Authorize the Chair to send a written response to Robert Treanor Executive Director of the California Fish and Game Commission withdrawing the Boardís August 21, 2001 request to be on the Commissionís November 2, 2001 agenda.

MOTION:Motion to approve.

MOTION:Paul Kirk SECOND: Bonnie Neely AYES: Jimmy Smith, Roger Rodoni, John Woolley, Bonnie Neely and Paul Kirk NAYS: None ABSENT: None ABSTAIN: None

2.                   Reports on Board Member travel at County cost and meeting attendance.(No action)

3.                   Potential or proposed Big Box retail development in Humboldt County.(No report)

4.                   Request from Administrative Assistant to the Board of Supervisors to attend Board meetings for specific agenda items as suggested. The Administrative Assistant of the Board has requested to attend Board meetings for specific agenda items.Although staff can listen via telephone, staff is unable to hear the vast majority of the meetings due to interruptions and often miss the essence of the Board's position.Board staff believes this would assist to communicate with constituents in a more professional and knowledgeable manner.The goals are to ultimately reduce the Boards' phone time by staff communicating more effectively and enhancing Board staff workflow. (Supervisor Woolley)

Action:Withdraw from agenda.

PRESENT:Jimmy Smith, Roger Rodoni, John Woolley, Bonnie Neely and Paul Kirk.

G.                 MATTERS SET FOR TIME CERTAIN

Time Certain 110:15 A.M.

1.                   Annual report form Humboldt County Mental Health Advisory Board Maggie Kraft, current Chair, and Barry Gerdts, past Chair, of the Mental Health Advisory Board will present Board's annual report.Additionally, the Advisory Board has submitted a letter from the Little Hoover Commission requesting the scheduling of a Board of Supervisors special study session on realignment issues. (Supervisor Woolley)

Action:Hear report.

No action required on this agenda item.

Time Certain 210:45 A.M.

2.                   Presentation proposed Fernald Energy Center in Humboldt County Mel Giberson, Ph.D., P.E. of the Fernald Energy Center has requested time before the Board of Supervisors to present his firm's interest in locating an electrical generating facility in Humboldt County. (Supervisor Woolley)

Action:Hear presentation.

No action required on this agenda item.

Time Certain 311:15 A.M.

3.                   Presentation Report on Eel River Conditions Nadananda of the Friends of the Eel River will present a report and five minute video on the conditions of the Eel River. (Supervisor Smith)

Action: View five minute video on Eel River conditions.

No action required on this agenda item.

H.                  CLOSED SESSION (No final action taken)

1.                   Report from prior Closed Session.

2.                   Pursuant to Government Code Section 54957.6 for the purpose of reviewing the County's position and instructing its designated representatives with respect to the various forms of compensation provided to the County's represented and unrepresented employees.

3.                   Report on pending or threatened litigation pursuant to Govt. Code Section 54956.9.

4.                   It is the Board of Supervisors intention to meet in Closed Session to consider Public Employee appointment for position of County Administrative Officer pursuant to Govt. Code Section 54954.5 (continue to October 5, 2001)

I.                     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 sign the sheet at the front doors of the Chamber.

1.                   Jerry Martien spoke of his concerns pertaining to the grant application preparation process for beaches and dunes management.

PRESENT:Jimmy Smith, Roger Rodoni, John Woolley, Bonnie Neely and Paul Kirk.

J.                   PUBLIC HEARINGS1:30 P.M.

Public Works

1.                   Proposed vacation of a public right of way known as Cedar Avenue in the Westhaven subdivision. Two private property owners Lucille Kostrzewa and Robin and Ilean Rabens are requesting to vacate a portion of the public right of way more commonly known as Cedar Avenue in Westhaven.The portion to be vacated lies northerly of 8th Street and ends southerly of 9th Street.Currently, Cedar Avenue is used as a driveway entrance between the property owners requesting the vacation.

Action:Approve vacation by adopting Resolution No. 01-81.

MOTION:Motion to approve.

MOTION:Paul Kirk SECOND: Jimmy Smith AYES: Jimmy Smith, Roger Rodoni, John Woolley, Bonnie Neely and Paul Kirk NAYS: None ABSENT: None ABSTAIN: None

Community Development Services

2.                   Appeal by the Public Works Department of the Humboldt County Planning Commission's approval of the modified conditions for the construction of a perimeter fence around the Arcata-Eureka Airport on the grounds that the modified conditions would disallow conformance with the provisions of the Federal Aviation Administration for security fencing for public airports. On August 16, 2001, the Humboldt County Planning Commission approved an application for a Coastal Development permit, Special permit, and Conditional Use permit for the construction of a perimeter fence around the Arcata-Eureka Airport.Staff believes the FAA requirements should be met in the project design.

Action:Adopt negative declaration of environmental impact; approve coastal development permit, special permit and conditional use permit, and revise the Planning Commissionís conditions of approval as requested by the Department of Public Works.

MOTION:Motion to approve.

MOTION:Bonnie Neely SECOND: Paul Kirk AYES: Jimmy Smith, Roger Rodoni, John Woolley, Bonnie Neely and Paul Kirk NAYS: None ABSENT: None ABSTAIN: None

K.                  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.)

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.