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

 

 

Tuesday, October 21, 2003

 

REGULAR SESSION

Humboldt County Courthouse
Supervisors’ Chamber, First Floor
825 Fifth Street, Eureka

9:10 AM

 

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

A.                  OPENING CEREMONIES

1.                   Salute to the Flag

2.                   Invocation by the Reverend Rick McGinty, Senior Pastor of the Grace Baptist Church in Eureka

B.                  AGENDA ADDITIONS AND/OR DELETIONS   (None)


C.                  CONSENT CALENDAR

 

Board of Supervisors

1.                   Humboldt County as Co-Sponsor in Humboldt State University's Public Input Sessions for Their Master Planning Process   (Supervisor Woolley)

ACTION: Authorize support and Co-Sponsorship in Humboldt State University's Public Input Sessions for their Master Planning Process.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

2.                   Letter of Appreciation to Nina Hapner on Her Resignation from the Humboldt County Fish and Game Advisory Commission   (Supervisor Smith)

ACTION: Authorize Chair to sign letter of appreciation.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

3.                   Resolution Amending Resolution No. 81-9 to Reflect New Ownership, to Change Agricultural Preserve 81-1 from Class A to class D Preserve, and to Modify the Uniform Rules, Including Compatible Uses; Coppini Agricultural Preserve; File No. APN 106-021-39; Cast No. AGP-11-87a; Ferndale Area   (Supervisor Smith)

ACTION: Ratify adoption on October 14, 2003 of Resolution No. 03-111, and authorization of Chair to execute successor Land Conservation Contract.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

4.                   Request to Fill Supervising Psychiatric Nurse Position   (Supervisor Smith)

ACTION: Ratify October 14, 2003, approval of granting exemption from hiring freeze .

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

5.                   Proposed General Vacation of a Public Right of Way, Known as 11th Street in Fieldbrook(Supervisor Smith)

ACTION: Reaffirm action taken on October 14, 2003 finding that right of way is surplus property per Sect. 25526.5 of Government Code in that it is no longer necessary for county or other public purposes and estimated value is less than $25,000 and declaration of right of way exempt surplus land per Sect. 54221(c)(2)(B) of said Code and exempt from Sect. 54222 of said Code per Sect. 54222.3 of said Code and adoption of Resolution No. 03-113, vacating said portion of 11th Street.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

6.                   Resolution Authorizing a Grant Application for State Funds to Augment District Attorney Resources for the Spousal Abuser Prosecution Program (Fiscal Year 2003-04)(Supervisor Smith)

ACTION: Ratify adoption on October 14, 2003 of Resolution No. 03-112.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

7.                   Third Amendment to the Agreement With the Humboldt Child Care Council for Incorporating New Reimbursement and Audit Provisions   (Supervisor Smith)

ACTION: Ratify authorization on October 14, 2003 for Chair to sign third amendment.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

8.                   Updated Humboldt Child Care Council Health Linkages Program Subcontract    (Supervisor Smith)

ACTION: Ratify authorization on October 14, 2003 for Chair to sign updated subcontract.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

9.                   Grant Agreements for Three Child Passenger Safety Projects   (Supervisor Smith)

ACTION: Ratify approval on October 14, 2003 of grants agreements with KEET-TV, Redwood Community Action Agency and St. Joseph Health System.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

10.               Request to Purchase a Refrigerator for the Children's Center   (Supervisor Smith)

ACTION: Ratify approval on October 14, 2003 of purchase ($750).

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

11.               Agreement Between the Hoopa Valley Tribe, the County of Humboldt and the Sheriff's Department for the Deputization of Qualified Hoopa Valley Tribal Police Officers(Supervisor Smith)

ACTION: Ratify approval of agreement on October 14, 2003.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

12.               Presentation of Letter from Tom Birmingham, General Manager of Westlands Water District on Proposed Settlement Over the Trinity River Water   (Supervisor Smith)

ACTION: Ratify appropriate action of October 14, 2003 of reaffirming the Trinity River Record of Decision and authorization of sending letter to Mr. Birmingham.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

13.               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(Supervisor Smith)

ACTION: Ratify October 14, 2003 holding of closed session of October 14, 2003, and reaffirm report out of no final action taken.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

Community Development Services

14.               Supplemental Budget to Reflect New Grants for the Economic Development Division

ACTION: Adopt supplemental budget.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

15.               Resolution Authorizing the Community Development Services Director to Procure and Sign Three-Year Contracts and Subrecipient Agreements for a Labor Standards Monitor and a Housing Condition Inspector to Carry Out CDBG Revolving-Loan Fund and Grant Activities

ACTION: Adopt Resolution No. 03-114.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

County Administrative Office

16.               Exemption to the Hiring Freeze

ACTION: Authorize exemption for the Clerk/Recorder for an Election Specialist I/II.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

17.               Audit of Public Guardian Funds

ACTION: Receive and file said audit.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

General Services

18.               Reallocate Vacant Administrative Secretary Position to Executive Secretary

ACTION: Approve reallocation.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

19.               Temporary Increase in Compensation for Facility Maintenance Supervisor, Senior Buyer, and Systems Support Technician II

 

 
 


ACTION: Approve temporary increases.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

Health and Human Services - Mental Health Branch

20.               Amendment to the Services Agreement with Lincoln Child Center for the Provision of Full-Day Intensive Day Treatment Services to Humboldt County Children Enrolled in the RCL 14 Residential Program

ACTION: Approve amendment in order to comply with DMH Information Notice No. 02-06, requiring Mental Health Plans to change the requirements for the delivery of, and reimbursement for, Day Treatment Intensive and Day Treatment Rehabilitation through the Medi-Cal Program.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

Health and Human Services - Public Health Branch

21.               Public Health Preparedness and Response to Bioterrorism Program Progress Report (Covering the Period of February 2, 2002 to August 30, 2003)

ACTION: Receive and file progress report.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

22.               Contract No. 03-75370; Preventive Health Care for the Aging

ACTION: Approve contract with the California Department of Health Services ($186,426 in funding).

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

23.               Standard Agreement with the California Department of Health Services, Office of AIDS, for the AIDS Drug Assistance Program

ACTION: Authorize Chair to sign agreement.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

Health and Human Services - Social Services Branch

24.               Request to Ask the California Department of Social Services to Waive the Able-Bodied Adults Without Dependents Work Rules in Humboldt County

ACTION: Approve request.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

Library Services

25.               Supplemental Budget ($5,265) for Donations to be Spent on Library Books and Magazine Subscriptions

ACTION: Adopt supplemental budget.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

Public Works

26.               Request for Approval of Contract Amendment for Monitoring Well Installation, Soil and Groundwater Contamination Analysis, and Sensitive Receptor Survey

ACTION: Amend contract with Winzler and Kelly Consultants, and adopt supplemental budget of $29,193.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

27.               License Agreement to Provide Ground Courier Service from County Airports

 

 
 


ACTION: Approve license agreement with Timothy and Kathleen McTague, dba McTague Enterprises.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

28.               Purchase of Twelve Heavy-Duty, Drop-Body Containers from McLaughlin Refuse Equipment, Inc. ($60,000)

ACTION: Approve purchase.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

29.               Ordinance Amending Section 422-10 of the Humboldt County Code, Relating to the Speed Limit on Alderpoint Road

ACTION: Adopt Ordinance No. 2310.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

30.               Temporary Construction Easements with Bruce W. Hart, Robert Doran, Amy W. Doran, Buddy Watson, Patricia Watson, Ramon Dominguez, Sharrie Dominguez, Thomas L. Page, Delores A. Page, and Wendy L. Gast for the Construction of a Sidewalk Along the North Side of Railroad Drive from McKinleyville Avenue to Central Avenue in McKinleyville

ACTION: Approve temporary construction easements for "Safe Routes to School."

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

31.               "Safe Routes to School" - Construction of a Sidewalk Along the North Side of Railroad Drive from McKinleyville Avenue to Central Avenue in McKinleyville

ACTION: Execute agreements with, and accept easements deeds from, David Silveria, Gilbert Alan Neff, Donna Jean Neff, Joseph A. Thissall, Patricia Thissall, Elmer E. Dickey, Peggy L. Dickey, Lester Jake, Stanley R. Dickey, Lura Dickey, The Church of Christ of McKinleyville, The General Assembly and The Church of The First Born, S. Clifford Marshall, and Joann A. Marshall.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

32.               Request to Declare the Coach Way Subdivision as Complete; McKinleyville; JLF Construction, Inc.

ACTION: Approve request, and accept the final map for recordation.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

Sheriff

33.               Allocation of Sheriff's Lieutenant and Program Coordinator Positions for Sheriff's Animal Regulation and Care Division, and Transfer from Contingencies ($50,268)

 

 
 


ACTION: Approve allocation and transfer.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

D.                  PUBLIC APPEARANCES--9:05 A.M.

A female speaker stated her support for the restoration of waterways, recycling programs, and legalized industrial hemp growth.  Aldo Bongio asked for a status report on the filing of petitions to recall the Humboldt County District Attorney.  He was referred to the Elections Division.

E.                  SPECIAL PRESENTATIONS

1.                   Proclaim October 2003 as "End Domestic Violence Month"(Supervisor Neely)

ACTION: Adopt the Proclamation.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

2.                   Resolution Declaring the Third Full Week of October 2003 as the Honoring Week for Watersheds and Fisheries Restoration Workers(Supervisor Geist)

ACTION: Adopt the Resolution.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

3.                   Proclaim October 2003 as "Breast Cancer Awareness Month"(Supervisor Neely)

ACTION: Adopt the Proclamation.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

F.                  MATTERS INITIATED BY BOARD MEMBERS

1.                   Consider Revision of Abandoned Vehicle and Illegal Dumping Regulations(Supervisor Smith)

ACTION: Consider revisions to Abandon Vehicle and Illegal Dumping Regulations, and take appropriate action.

Appointed Supervisors Smith and Geist as a Board Subcommittee to work with appropriate staff to develop recommendations to the full Board on this matter.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

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

ACTION: Hear oral reports.

No action was required on this standing item.

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

No report was brought forward for this standing item.

G.                 MATTERS SET FOR TIME CERTAIN

10:00 a.m.--Board of Supervisors

1.                   Humboldt County Human Rights Commission Request for Resolution in Response to the USA Patriot Act   (Supervisor Woolley)

ACTION: Hear report, and take appropriate action.

Appointed Supervisors Woolley and Rodoni to a subcommittee of the Board to address, with County Counsel and other appropriate County staff, the possibility of a revised resolution and review of the associated work program; and the subcommittee shall then report their recommendations to the full Board.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

H.                  CLOSED SESSION

It was not necessary to hold any Closed Session.

I.                     ADMINISTRATIVE ABATEMENT HEARING--1:30 P.M.

Code Enforcement Unit

1.                   Humboldt County vs. Samuel Glass, Muriel Glass, and Charllet Cox; Assessor's Parcel No. 210-191-012

ACTION: Find that the conditions of the property of the subject premises constitute a public nuisance, and order property owners to abate said nuisance.

Supervisor Woolley was absent for this agenda item only.

Motion: Move to approve

Motion: Motion: Roger Rodoni; Second: Second: Jill Geist; Yeas: Yeas: Roger Rodoni, Jill Geist, Jimmy Smith; Nays: None; Abstentions: None.

Vote Summary: 3 Yeas; 0 Nays; 0 Abstentions.

J.                   PUBLIC HEARING

Community Development Services

1.                   Palo Verde Volunteer Fire Department Zone Reclassification; Rancho Palo Verde Area; File No. APN 218-091-03; Case No. ZR-02-04

ACTION: Approve zone reclassification to Forestry Recreation with a combining zone stating the building site area as per subdivision map of record, and adopt Ordinance No. 2311.

Motion: Move to approve

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

Vote Summary: 4 Yeas; 0 Nays; 0 Abstentions.

K.                  ADJOURNMENT