BOARD OF SUPERVISORS 

COUNTY STAFF

  Chair
JIMMY SMITH
First District

 

LORETTA NICKOLAUS
County
Administrative Officer

Vice Chair
JILL GEIST
Fifth District

 

TAMARA C. FALOR
County
Counsel

ROGER RODONI
Second District

 

LORA CANZONERI
Clerk of the Board

JOHN WOOLLEY  
Third District

 

 

BONNIE NEELY
Fourth District

 

 

 

BOARD OF SUPERVISORS

 

Humboldt County

 

SUMMARY OF PROCEEDINGS

 

HUMBOLDT COUNTY COURTHOUSE

SUPERVISORSí CHAMBER, FIRST FLOOR

825 FIFTH STREET EUREKA, CA, 95501

TUESDAY, SEPTEMBER 09, 2003

9:00 AM

 

REGULAR SESSION

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

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Matters under the jurisdiction of the Board, and not on agenda, may be addressed by the public at the time provided in the agenda under Public Appearances. The Board may hold Closed Sessions as the agenda schedule permits.If items are marked with an asterisk (*), the recommended actions will require a 4/5 vote of the Board.

 

Present at the meeting were: Jill Geist, Jimmy Smith, Roger Rodoni, John Woolley and Bonnie Neely.

A.                  OPENING CEREMONIES

1.                   Salute to the Flag

2.                   Invocation by the Reverend Andrew R. Broese Van Groenou, Pastor of the Harvest Church in Eureka

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

3.                   Contract to Audit the Financial Statements of the County of Humboldt for the Fiscal Year Ended June 30, 2003

RECOMMENDATION: Authorize Chair to sign contract with Bartig, Basler and Ray, CPA's.

Motion: Move to approve

Motion: John Woolley; Second: Bonnie Neely; Yeas: John Woolley, Bonnie Neely, Roger Rodoni, Jimmy Smith, Jill Geist; Nays: none; Abstentions: none.

Vote Summary: 5 Yeas; 0 Nays; 0 Abstentions.

4.                   Substitute Appointment for Confidential Senior Fiscal Assistant Position

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RECOMMENDATION: Effective September 15, 2003, authorize a substitute appointment to the position of Confidential Senior Fiscal Assistant (Salary Range 289, Class 0123, Position 04, in Budget Unit 111) until the regular employee returns to work, or March 31, 2004, whichever comes first.Authorize a transfer from the General Fund Contingency of $1,550.00 to fund these additional expenses.Exempt the substitute position from the hiring freeze.

Motion: Move to approve

Motion: John Woolley; Second: Bonnie Neely; Yeas: John Woolley, Bonnie Neely, Roger Rodoni, Jimmy Smith, Jill Geist; Nays: none; Abstentions: none.

Vote Summary: 5 Yeas; 0 Nays; 0 Abstentions.

County Administrative Office

5.                   Hiring Freeze Exemptions

RECOMMENDATION: Approve exemptions for the following vacant positions:Mental Health Clinician I/II (three positions); Psychiatric Nurse; Revenue Recovery Technician; and Emergency Communications Dispatcher.

Motion: Move to approve

Motion: John Woolley; Second: Bonnie Neely; Yeas: John Woolley, Bonnie Neely, Roger Rodoni, Jimmy Smith, Jill Geist; Nays: none; Abstentions: none.

Vote Summary: 5 Yeas; 0 Nays; 0 Abstentions.

District Attorney

6.                   Supplemental Budget ($41,045) for Child Abuse Services Team

RECOMMENDATION: Adopt supplemental budget.

Motion: Move to approve

Motion: John Woolley; Second: Bonnie Neely; Yeas: John Woolley, Bonnie Neely, Roger Rodoni, Jimmy Smith, Jill Geist; Nays: none; Abstentions: none.

Vote Summary: 5 Yeas; 0 Nays; 0 Abstentions.

Health and Human Services - Mental Health Branch

7.                   Child Abuse Treatment (ChAT) Grant Application for Fiscal Year 2003-2004

RECOMMENDATION: Approve the submission of the CHAT non-competitive grant for continuation funding by the

Department of Health and Human Services (DHHS), Mental Health Branch, Children, Youth and

Family Services (CYFS) in the amount of $230,196.00 to the Governor's Office of Criminal Justice Planning (OCJP).Authorize the Chair to execute the forms attached to the Grant: a) Grant Proposal/Award Face Sheet and, b) Certificate of Assurance of Compliance.Authorize Mental Health Branch Director to act as the Official Authorized to Sign for the CHAT grant, therefore allowing the Mental Health Branch Director to sign administrative paperwork related to the execution of the CHAT grant.

Motion: Move to approve

Motion: John Woolley; Second: Bonnie Neely; Yeas: John Woolley, Bonnie Neely, Roger Rodoni, Jimmy Smith, Jill Geist; Nays: none; Abstentions: none.

Vote Summary: 5 Yeas; 0 Nays; 0 Abstentions.

Health and Human Services - Public Health Branch

8.                   Memorandum of Understanding (MOU) with Del Norte County for

9.                   Preventive Health Care for the Aging (PHCA) Services

RECOMMENDATION: Approve MOU.

Motion: Move to approve

Motion: John Woolley; Second: Bonnie Neely; Yeas: John Woolley, Bonnie Neely, Roger Rodoni, Jimmy Smith, Jill Geist; Nays: none; Abstentions: none.

Vote Summary: 5 Yeas; 0 Nays; 0 Abstentions.

10.               Purchase of an Olympus Fluorescent Microscope with Digital Image Capture System

RECOMMENDATION: Approve purchase, and adopt associated supplemental budget ($24,000).

Motion: Move to approve

Motion: John Woolley; Second: Bonnie Neely; Yeas: John Woolley, Bonnie Neely, Roger Rodoni, Jimmy Smith, Jill Geist; Nays: none; Abstentions: none.

Vote Summary: 5 Yeas; 0 Nays; 0 Abstentions.

Health and Human Services - Social Services Branch

11.               Supplemental Budgets for Fiscal Year 2003, Designating Department 592 for the Cal-Learn Project and Department 593 for the Groundfish Disaster Stipend Program

RECOMMENDATION: Approve the supplemental budgets, and add them to the balance of 03-04 County

budgets to be approved at a future Board meeting.Authorize the Clerk of the Board to forward the items to the Auditor Controllers' office to enable them to set up the new accounts so that costs can be properly traced as soon as possible.

Motion: Move to approve

Motion: John Woolley; Second: Bonnie Neely; Yeas: John Woolley, Bonnie Neely, Roger Rodoni, Jimmy Smith, Jill Geist; Nays: none; Abstentions: none.

Vote Summary: 5 Yeas; 0 Nays; 0 Abstentions.

12.               Authorize Temporary Increase in Salary Pursuant to Section 7 of the Humboldt County Salary Resolution

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RECOMMENDATION: Approve a temporary increase of ten (10) salary ranges for Anthony Bonnett, Departmental

Information Systems Analyst, effective September 14, 2003, and continuing until the DHHS

Information Systems consolidation is complete, or March 13, 2004, whichever is sooner.

Motion: Move to approve

Motion: John Woolley; Second: Bonnie Neely; Yeas: John Woolley, Bonnie Neely, Roger Rodoni, Jimmy Smith, Jill Geist; Nays: none; Abstentions: none.

Vote Summary: 5 Yeas; 0 Nays; 0 Abstentions.

13.               Appointment to the In-Home Supportive Services Advisory Committee

RECOMMENDATION: Appoint Cynthia Dorfman as a current or former recipient of in-home care.

Motion: Move to approve

Motion: John Woolley; Second: Bonnie Neely; Yeas: John Woolley, Bonnie Neely, Roger Rodoni, Jimmy Smith, Jill Geist; Nays: none; Abstentions: none.

Vote Summary: 5 Yeas; 0 Nays; 0 Abstentions.

Personnel

14.               Resolution Approving the Memorandum of Understanding (MOU) with the Humboldt Deputy Sheriffs' Organization Unit 6

RECOMMENDATION: Adopt Resolution No. 03-__, and authorize the Chair to execute the MOU.

Adopted Resolution No. 03-91.

Motion: Move to approve

Motion: John Woolley; Second: Bonnie Neely; Yeas: John Woolley, Bonnie Neely, Jill Geist, Jimmy Smith, Roger Rodoni; Nays: none; Abstentions: none.

Vote Summary: 5 Yeas; 0 Nays; 0 Abstentions.

15.               Resolution Approving the Memorandum of Understanding (MOU) with the Humboldt Deputy Sheriffs' Organization Unit 7

RECOMMENDATION: Adopt Resolution No. 03-__, and authorize the Chair to execute the MOU.

Adopted Resolution No. 03-92.

Motion: Move to approve

Motion: John Woolley; Second: Bonnie Neely; Yeas: John Woolley, Bonnie Neely, Roger Rodoni, Jimmy Smith, Jill Geist; Nays: none; Abstentions: none.

Vote Summary: 5 Yeas; 0 Nays; 0 Abstentions.

Probation

16.               Request to Disallocate a Vacant and Frozen Substance Abuse Counselor Position

RECOMMENDATION: Approve request.

Motion: Move to approve

Motion: John Woolley; Second: Bonnie Neely; Yeas: John Woolley, Bonnie Neely, Roger Rodoni, Jimmy Smith, Jill Geist; Nays: none; Abstentions: none.

Vote Summary: 5 Yeas; 0 Nays; 0 Abstentions.

17.               Request to Establish an Interest-Bearing Trust Account for the Probation System of Care Program

RECOMMENDATION: Establish Trust Account No. 3631.

Motion: Move to approve

Motion: John Woolley; Second: Bonnie Neely; Yeas: John Woolley, Bonnie Neely, Roger Rodoni, Jimmy Smith, Jill Geist; Nays: none; Abstentions: none.

Vote Summary: 5 Yeas; 0 Nays; 0 Abstentions.

Public Works

18.               Miller Subdivision Final Map; Assessor's Parcel No. 516-131-08; Blue Lake Area

RECOMMENDATION: Declare the Miller Subdivision as complete, and accept the final map for recordation.Accept the offers of dedication of Parcels A and B for public road purposes, and Parcel C for public utilities.Accept the Easement Deed to the County of Humboldt for storm drainage purposes from Ralph and Jo Evelyn Miller.

Motion: Move to approve

Motion: John Woolley; Second: Bonnie Neely; Yeas: John Woolley, Bonnie Neely, Roger Rodoni, Jimmy Smith, Jill Geist; Nays: none; Abstentions: none.

Vote Summary: 5 Yeas; 0 Nays; 0 Abstentions.

19.               Resolution of Intention to Vacate a Portion of 11th Street in Fieldbrook Subdivision

RECOMMENDATION: Adopt Resolution No. 03- __, and set a public hearing date at least thirty (30) days from this Board meeting.

Adopted Resolution No. 03-93.

Motion: Move to approve

Motion: John Woolley; Second: Bonnie Neely; Yeas: John Woolley, Bonnie Neely, Roger Rodoni, Jimmy Smith, Jill Geist; Nays: none; Abstentions: none.

Vote Summary: 5 Yeas; 0 Nays; 0 Abstentions.

20.               Request to Accept the Avigation Easement to the County of Humboldt Executed by Robert and Jean Antonsen for the Benefit of the Arcata-Eureka Airport

RECOMMENDATION: Approve request.

Motion: Move to approve

Motion: John Woolley; Second: Bonnie Neely; Yeas: John Woolley, Bonnie Neely, Roger Rodoni, Jimmy Smith, Jill Geist; Nays: none; Abstentions: none.

Vote Summary: 5 Yeas; 0 Nays; 0 Abstentions.

Sheriff

21.               Request to Establish Budget Unit 1100 213 (Homeland Security)

RECOMMENDATION: Establish budget unit in the amount of $466,034.

Motion: Move to approve

Motion: John Woolley; Second: Bonnie Neely; Yeas: John Woolley, Bonnie Neely, Roger Rodoni, Jimmy Smith, Jill Geist; Nays: none; Abstentions: none.

Vote Summary: 5 Yeas; 0 Nays; 0 Abstentions.

Treasurer-Tax Collector

22.               Supplemental Budget

RECOMMENDATION: Approve the supplemental budget increasing revenue in Account No. 1100-888-106-060, $20,000.00; and increasing expenses in Budget Line Item No. 112-2-2118, Professional and Special Services by $5,000.00. (The balance of the revenue increase would raise the General Fund Contingency by $15,000.)

Motion: Move to approve

Motion: John Woolley; Second: Bonnie Neely; Yeas: John Woolley, Bonnie Neely, Roger Rodoni, Jimmy Smith, Jill Geist; Nays: none; Abstentions: none.

Vote Summary: 5 Yeas; 0 Nays; 0 Abstentions.

23.               Defined Benefit Plan

RECOMMENDATION: Adopt the "Additional Provisions" to the County's defined benefit 401 (a) plan; amend the existing plan for designated employee contributions Section 414 (h) (2) to a maximum contribution of 50% from the previous maximum of 70% of compensation (Section 3.02 of the Plan Document).Adopt the Adoption Agreement Amendment (EGTRRA).Authorize the Treasurer-Tax Collector, as Plan Administrator, to file for a letter of determination with the Internal Revenue Service (IRS).Authorize the County provider, Hartford Life Insurance Company, to act on the County's behalf with respect to the tax matters involved with the

IRS.Authorize the Chair of the Board of Supervisors and the Treasurer-Tax Collector to sign documents related to the IRS filing.

Adopted Resolution No. 03-94.

Motion: Move to approve

Motion: John Woolley; Second: Bonnie Neely; Yeas: John Woolley, Bonnie Neely, Roger Rodoni, Jimmy Smith, Jill Geist; Nays: none; Abstentions: none.

Vote Summary: 5 Yeas; 0 Nays; 0 Abstentions.

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.

 

Aldo Bongio urged the local news media to write articles in advance on what the Board will be discussing at their regular meetings.

E.                  SPECIAL PRESENTATIONS

24.               Proclaim Week of September 15, 2003, as Pollution Prevention Week (Supervisor Woolley)

RECOMMENDATION: Adopt the Proclamation.

Motion: Move to approve

Motion: John Woolley; Second: Jill Geist; Yeas: John Woolley, Jill Geist, Jimmy Smith, Roger Rodoni, Bonnie Neely; Nays: none; Abstentions: none.

Vote Summary: 5 Yeas; 0 Nays; 0 Abstentions.

25.               Proclaim Week of September 7, 2003, as National Assisted Living Week (Supervisor Neely)

RECOMMENDATION: Adopt the Proclamation.

Motion: Move to approve

Motion: Bonnie Neely; Second: Jill Geist; Yeas: Bonnie Neely, Jill Geist, Jimmy Smith, Roger Rodoni, John Woolley; Nays: none; Abstentions: none.

Vote Summary: 5 Yeas; 0 Nays; 0 Abstentions.

26.               Resolution of Commendation for Dennis Johnson on His Retirement from the County (Supervisor Smith)

RECOMMENDATION: Adopt the Resolution.

Motion: Move to approve

Motion: Bonnie Neely; Second: John Woolley; Yeas: Bonnie Neely, John Woolley, Roger Rodoni, Jimmy Smith, Jill Geist; Nays: none; Abstentions: none.

Vote Summary: 5 Yeas; 0 Nays; 0 Abstentions.

F.                  DEPARTMENT REPORTS

Public Works

27.               Standing Item--Change Orders Over $10,000 on Public Works Projects

RECOMMENDATION: Approve change orders (if required).

No change orders were brought forward.

28.               Standing Item--Advertisement and/or Award of Public Works Projects

RECOMMENDATION: Approve advertisements or awards (if required).

No advertisements or awards were brought forward.

County Administrative Office

29.               County Budget Recommendations for Fiscal Year 2003-04

RECOMMENDATION: Receive report, and take straw votes as appropriate.Direct staff to compile the Fiscal Year 2003-04 budget, and return to the Board on September 23, 2003, for final adoption.Take other action as appropriate.

Motion: Move to approve

Motion: Bonnie Neely; Second: John Woolley; Yeas: John Woolley, Bonnie Neely, Roger Rodoni, Jimmy Smith, Jill Geist; Nays: none; Abstentions: none.

Vote Summary: 5 Yeas; 0 Nays; 0 Abstentions.

County Counsel

30.               Ordinance Amending/Repealing Various Sections of the Humboldt County Code

RECOMMENDATION: Consider an amendment to the Humboldt County Code, regarding various code sections which would repeal and amend obsolete code sections.Introduce ordinance by title, waive the first reading, and set for adoption.

Motion: Move to approve

Motion: John Woolley; Second: Bonnie Neely; Yeas: John Woolley, Bonnie Neely; Nays: none; Abstentions: none.

Vote Summary: 2 Yeas; 0 Nays; 0 Abstentions.

Sheriff

31.               Request for Review and Adoption of the Plan for Transition of County Animal Control Services from the Agricultural Commissioner to the Sheriff

RECOMMENDATION: Approve request.

Motion: Move to approve

Motion: Bonnie Neely; Second: Jill Geist; Yeas: Bonnie Neely, Jill Geist, Jimmy Smith, John Woolley, Roger Rodoni; Nays: none; Abstentions: none.

Vote Summary: 5 Yeas; 0 Nays; 0 Abstentions.

G.                 MATTERS INITIATED BY BOARD MEMBERS

32.               Designation of Redevelopment Survey Areas

RECOMMENDATION: Receive report from the Economic Development Division of the Community Development Services Department which recommends:1) adoption of a resolution designating redevelopment survey areas; directing staff to proceed with the preliminary development report; and forming a Board of Supervisors' redevelopment subcommittee

Included the Manila area in the survey areas.Adopted Resolution No. 03-95.Appointed Supervisors Neely and Geist to the Redevelopment Subcommittee.

Motion: Move to approve

Motion: Bonnie Neely; Second: Jill Geist; Yeas: Bonnie Neely, Jill Geist, Jimmy Smith, Roger Rodoni, John Woolley; Nays: none; Abstentions: none.

Vote Summary: 5 Yeas; 0 Nays; 0 Abstentions.

33.               Standing Item--Reports on Board Member Travel at County Cost and Meeting Attendance

RECOMMENDATION: Hear oral reports, and take appropriate action (if required).

No action was required on this standing item.

34.               Standing Item--Potential or Proposed Big Box Retail Development in Humboldt County

RECOMMENDATION: Take appropriate action (if required).

No report was required for this standing item.

H.                  PUBLIC HEARING--11:00 A.M.

Community Development Services

35.               Public Hearing on Resolution Establishing County Policy for Expanded Public Notice for Discretionary Land Use Projects

RECOMMENDATION: Adopt Resolution No. 03-__.

Deferred implementation of any expanded geographic notice recommendation for two years, and until a review of the effectiveness of the physical site posting measure has been conducted as recommended by the Planning Commission.Affirmed the current Community Development Services Department's practice of providig mailed notice to property owners with lands adjacent to private access roads serving major new development.Adopted Resolution No. 03-96.

Motion: Move to approve

Motion: Roger Rodoni; Second: Bonnie Neely; Yeas: Roger Rodoni, Bonnie Neely, John Woolley, Jimmy Smith, Jill Geist; Nays: none; Abstentions: none.

Vote Summary: 5 Yeas; 0 Nays; 0 Abstentions.

I.                    CLOSED SESSION

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

It was not necessary to hold this Closed Session.

37.               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)

It was not necessary to hold this Closed Session.

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

It was not necessary to hold this Closed Session.

39.               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 County Administrative Officer

Continued to September 30, 2003, at 11 o'clock a.m. at the Humboldt County Library.

40.               Conference with Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9(a).Sally K. Palmer vs. Co. of Humboldt, Carolyn Cogswell, and Does.Superior Court No. DR020569.

No final action taken.

41.               Conference with Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9(a).Headwaters Forest Defense vs. Co. of Humboldt, et. al.United States District Court, Northern District of California.Case. No. CV97-03989-VRW.

There was no final action taken.

J.                   ADJOURNMENT

 

The meeting will be adjourned in memory of Gina Martin, Contra Costa County Clerk of the Board, who passed away on August 29, 2003; and in memory of Trinity County Supervisor David Klipp, who passed away on August 27, 2003.