BOARD OF SUPERVISORS 

COUNTY STAFF

  Chair
†JILL GEIST

Fifth District

 

LORETTA NICKOLAUS
County Administrative Officer

Vice Chair
ROGER RODONI
Second District

 

TAMARA C. FALOR
County Counsel

JIMMY SMITH
First District

 

LORA CANZONERI
Clerk of the Board

JOHN WOOLLEY  
Third District

 

 

BONNIE NEELY
Fourth District

 

 

BOARD OF SUPERVISORS

 

Humboldt County

 

SUMMARY OF PROCEEDINGS

 

 

Tuesday, March 23, 2004

 

REGULAR SESSION

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

9:03 AM

 

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

B.                  SUPPLEMENTAL AGENDA ITEM

 

 
 

1.                   Child Support Services - Transfer of Funds from the CCS Contingency Fund to the CCS Special Expenses Line Item to Pay the State Assessment for Child Support Penalties

ACTION: Approve the appropriation transfer of $362,909.00 from the Department of Child Support Services' Contingency Fund, 1380-990-2-138, to the Department's Special Expenses Line Item, 206-1380-2-323, to pay the State assessment for the County's portion of the child support automation penalty.

Motion: Move to approve

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

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

2.                   Letter of Support for AB 271 (Berg) Amending Current Law that Requires Boards of Supervisors to Renew State of Emergency for the Purpose of a Needle-Exchange Program(Supervisor Smith)

ACTION: Authorize Chair to sign letter of support.

Motion: Move to approve

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

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

C.                  CONSENT CALENDAR

Auditor-Controller

1.                   Amendment to the Distribution of Excess Proceeds from the May 30, 2002, Public Auction

ACTION: Approve the distribution of that portion of the excess proceeds resulting from the May 30, 2002, public auction of parcels listed in the submitted Attachment A to the claimant and in the amount listed for the parcel, and direct that distribution be held for 90 days to allow for the required review period.

Motion: Move to approve

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

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

Board of Supervisors

2.                   Continuation of Emergency - Transmission of Disease Through Contaminated Needle Use†† (Supervisor Geist)

ACTION: Declare that a local state of emergency, per Resolution No. 2004-14, remains in effect until April 13, 2004, allowing the Department of Public Health to continue a needle exchange program.

Motion: Move to approve

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

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

3.                   Response to Potter Valley Project P-77-110, Federal Energy Regulatory Commission Order Dated January 28, 2004†† (Supervisor Smith)

ACTION: Authorize Chair to sign letter of response, and recognized Mr. Stan Dixon, former First District Supervisor, for his had work in this process..

Motion: Move to approve

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

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

4.                   Reappointment of Mary Dennison to the California Commission on Aging†† (Supervisor Neely)

ACTION: Ratify letter to Governor Schwarzenegger encouraging reappointment of Mary Dennison to the California Commission on Aging.

Motion: Move to approve

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

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

Clerk of the Board

5.                   Board Orders from the Meeting of March 9, 2004

ACTION: Approve the Board Orders.

Motion: Move to approve

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

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

Community Development Services

6.                   Werner Final Map Subdivision/Coastal Development Permit: Release from Conveyance and Agreement to Allow Construction of Secondary Dwelling Units on Lots 6, 15, and 19 of the Oceanside Unit No. 6 Subdivision; File No. APN 508-191-48; Case No.: FMS-13-91XX/CDP-45-91XX; McKinleyville Area

ACTION: Authorize Chair to execute the Quitclaim and Reconveyance.

Motion: Move to approve

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

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

County Administrative Office

7.                   Exemptions to the Hiring Freeze

ACTION: Approve recommendations as submitted.

Motion: Move to approve

Motion: Motion: John Woolley; Second: Second: Bonnie Neely; Yeas: 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

8.                   Extension of Extra-Help Hours for Stacie Burgesser and Leslie Petersen, Mental Health Worker I

ACTION: Approve extension to 1440 hours.

Motion: Move to approve

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

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

9.                   Extension of Extra-Help Hours for Ivan Enos, Mental Health Maintenance Custodian

ACTION: Approve extension to 1440 hours.

Motion: Move to approve

Motion: Motion: John Woolley; Second: Second: Bonnie Neely; Yeas: 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

10.               Revised Bylaws of the Whole Child Interagency Council

ACTION: Approve the revised bylaws.

Motion: Move to approve

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

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

11.               Execution of the Community Emergency Response Team Trainings Agreement

ACTION: Approve agreement with the Humboldt County Chapter of the Red Cross.

Motion: Move to approve

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

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

12.               Accept $25,000 Grant Award from the March of Dimes for the Best Beginnings for Moms and Babies Project, Establish Interest-Bearing Trust Fund, and Approve Supplemental Budget in Fund 1175, Budget Unit 420

ACTION: Approve requests.

Motion: Move to approve

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

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

13.               Contract with the State Department of Health Services for the Chlamydia Screening Project

ACTION: Authorize Chair to execute contract, and approve budget adjustment of $1,684.

Motion: Move to approve

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

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

 

 
 

14.               Appropriation Transfer of $27,799 From Line Item 1100-990-2-010, Reserve for Contingencies, Into Line Item 1100-490-3-175, Jail Medical-Catastrophic Care

ACTION: Approve transfer to insure that the County can cover the costs that are currently due and payable for jail inmate catastrophic care.

Motion: Move to approve

Motion: Motion: John Woolley; Second: Second: Bonnie Neely; Yeas: 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

15.               Extension of Lease at K'ima:w Medical Center

ACTION: Authorize Real Property to send a letter to the Lessor stating the Board's approval of extending the lease for office space at the K'ima;w Medical Center from August 1, 2004, through July 31, 2005.

Motion: Move to approve

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

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

Library Services

16.               Citizen Challenge Grant to Library

ACTION: Accept a $1,500 challenge grant from an anonymous donor, and authorize the County Librarian to accept matching donations.

Motion: Move to approve

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

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

Probation

17.               Request to Approve and Submit 2004-05 Juvenile Justice Crime Prevention Act (JJCPA) Application for Continuation Funding

ACTION: Attest to the ongoing validity of the local Comprehensive Juvenile Justice Plan.† Approve the JJCPA Application for Continuation Funding.† Authorize the Chief Probation Officer to submit the 2004-05 JJCPA Application for Continuation Funding to the California State Board of Corrections for their review and approval. Approve Resolution No. 04-16, thereby providing County assurances regarding the approval, submission, and program/fiscal administration of the crime prevention plan in accordance with the requirements of the JJCPA.

Motion: Move to approve

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

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

18.               Extension of Extra-Help Hours for Jeremy Buck, Eric Dick, Jacob Hayes, Stephani Mayr, and Molly Turner, Juvenile Corrections Officers

ACTION: Approve extension to 1980 hours.

Motion: Move to approve

Motion: Motion: John Woolley; Second: Second: Bonnie Neely; Yeas: 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

19.               Assignment of William Coffelt, Road Maintenance Worker III, as Senior Road Maintenance Worker

ACTION: Approve assignment through June 5, 2004.

Motion: Move to approve

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

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

20.               Acting Supervisor Assignment of Chris Cummings, Road Maintenance Worker III, as Senior Road Maintenance Worker

ACTION: Approve assignment through May 22, 2004, or until the position is filled, whichever occurs first.

Motion: Move to approve

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

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

21.               Construction of Bicycle Lanes on Freshwater Road; Project No. STPLER 5904 (045); Contract No. 200101

ACTION: Approve the plans and specifications, and open bids on April 20, 2004, at 2:00 p.m.

Motion: Move to approve

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

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

22.               Resolution for Annual Revisions in the Maintained Mileage System (To Be Included in the 2003-04 Maintained Mileage Log

ACTION: Adopt Resolution No. 04-17.

Motion: Move to approve

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

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

23.               General Agreement on Maintenance of Hiltons Road by the National Park Service

ACTION: Authorize Chair to execute agreement.

Motion: Move to approve

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

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

Sheriff

24.               Purchase and Placement of Three Industrial-Sized Uninterrupted Power Supply Units in Three Electrical Rooms

ACTION: Approve a supplemental budget ($4,250) for the purchase of said units.

Motion: Move to approve

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

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

Veterans

25.               Request to Establish Extra-Help Line Item ($6,000)

ACTION: Approve request.

Motion: Move to approve

Motion: Motion: John Woolley; Second: Second: Bonnie Neely; Yeas: 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.

David Elsebusch addressed the Board on budget matters and the new animal shelter that is to be built.† Mike Buettner told of his experiences in addressing his concerns about an LNG facility that was proposed on Humboldt Bay.† Kaye Strickland addressed the actions of the Citizens for Port Development Committee as they pertained to the LNG facility that was proposed on Humboldt Bay.† Ellen Taylor and Jack Mensee addressed their concerns about the Patriot Act.† Dennis Mayo addressed his concerns about the proposed Clam Beach Master Plan.† Dr. Denver Nelson addressed projects pertaining to the Klamath and to Potter Valley.

E.                  SPECIAL PRESENTATIONS

1.                   Proclaim March 31, 2004, as Cesar Chavez Day(Supervisor Woolley)

ACTION: Adopt the Proclamation.

Motion: Move to approve

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

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

F.                  MATTERS INITIATED BY BOARD MEMBERS

1.                   Resolution Recommending Appropriate Action Regarding Zone Prices and Support of Legislation to Revise State and National Regulations to Better Protect Petroleum Consumers(Supervisor Smith)

ACTION: Adopt Resolution No. 04-18, and direct that a copy be sent to Del Norte and Siskiyou Counties.

Motion: Move to approve

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

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

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

No action was required on this standing item.

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

It was not necessary to hear this standing item.

G.                 MATTER SET FOR TIME CERTAIN

10:00 a.m.--County Administrative Office

1.                   Midyear General Fund Financial Review and Budget Parameters for Fiscal Year 2004-05

ACTION: Approve recommendations as listed in submitted report.

Supervisor Smith's motion to amend the main motion to shift the elimination of the Code Enforcement Unit to an exploratory option died per lack of a second.

Motion: Move to approve

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

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

H.                  CLOSED SESSION

1.                   Conference with Legal Counsel--Existing Litigation; Government Code Section 54956.9(a); California Department of Forestry and Fire Protection et al; Superior Court of the State of California; County of Sacramento; Case No. D4CS00225†† (NO FINAL ACTION TAKEN)

I.                     PUBLIC HEARINGS--1:30 P.M.

Community Development Services

1.                   Klamath River Aggregates Surface Mining Permit, Conditional Use Permit, and Reclamation Plan; Appeal of the Planning Commission Decision to Deny the Project; File No. APN 524-075-23; Case No. CUP-02-15/SMP-02-01/RP-02-01; Willow Creek Area

ACTION: Close the public hearing, and schedule Board deliberation for the meeting of April 6, 2004.

Motion: Move to approve

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

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

2.                   Housing Element Implementation--2003

ACTION: Adopt Resolution No. 04-19, directing staff to submit the approved coastal zoning ordinance amendments and coastal plan amendments relating to the 2003 update of the Humboldt County Housing Element to the California Coastal Commission for their review and certification.

Motion: Move to approve

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

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

3.                   Minor Quarterly Plan and Zone Amendments 2001-A

ACTION: Review the Staff Report and Planning Commission Report on the Minor Quarterly Plan Amendments 2001-A.† Open the Public Hearing, Receive Public Testimony and deliberate on the project as necessary.† Approve the Mitigated Negative Declaration and changes to the General Plan for the Hoopes, Eureka City Schools and Reinhard properties by approving submitted Resolution.† Introduce the Hoopes, Eureka City Schools and Reinhard Zone Reclassifications by title and waive further reading.† Adopt Ordinance amending Division I of Title III of the Humboldt County Code (the Zoning Ordinance), Section 311 -7 of Chapter 1 (The Zoning Maps) for Hoopes, Eureka City Schools, and Reinhard properties.† Adopt the Resolution of Submittal, directing Planning staff to submit the proposed Resort Improvement District and Dean coastal plan map amendments and coastal zoning map amendments to the California Coastal Commission for their review and certification.† Direct Planning Staff to file a Notice of Determination for the project and the Clerk of the Board to give notice of the decision to any interested party and to publish the summary of the zoning map changes for the inland areas with the names of the Board members voting for and against the map changes and to post in the office of the Clerk of the Board a certified copy of the map changes within 15 days after adoption by the Board.

J.                   ADJOURNMENT