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, May 04, 2004

 

REGULAR SESSION

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

9:05 AM

 

A.                  OPENING CEREMONIES

1.                   Salute to the Flag

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

B.                  AGENDA ADDITIONS AND/OR DELETIONS

1.                   Water Right Complaint to State Water Resources Control Board regarding Trinity River Water Diversions and Humboldt County's Contracted 50,000 Acre-Feet.(Supervisor Geist)

ACTION: Authorize Chair to sign the Complaint and file with the State Water Resources Control Board.

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.

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.                   Assessment for Lighting in Loleta Lighting District.

ACTION: The Board of Supervisors reconvene as the Board of Commissioners of the Loleta lighting District, Adopt the attached resolution calling for a property owner's election to approve an increase of the special assessment for lighting, direct staff to conduct a mail election by sending Notice of Public Hearing and ballot for or against the special assessment to property owners of the Loleta Lighting District, direct Clerk of the Board to schedule a public hearing no less than 45 days after the notices and ballots have been mailed to tabulate votes and take public comment and adopt the resolution (Attachment V) at the conclusion of the public hearing if the increase is approved by voters.  $1,200 expense to Loleta Lighting.

Motion: Move to approve

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

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

Board of Supervisors

2.                   Appoint Chuck Goodwin to the Humboldt County Airport Advisory Committee.(Supervisor Neely)

ACTION: Appoint Chuck Goodwin to the Humboldt County Airport Advisory Committee.

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.

3.                   Continuation of Emergency - Transmission of Disease through Contaminated Needle Use.(Supervisor Geist)

ACTION: Declare that a local state of emergency, per Resolution No. 2000-14, remains in effect until May 25, 2004, allowing the Department of Public Health to continue a needle exchange program.

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.

4.                   Certificate of Recognition for Gwynna M. Morris, Fortuna Chamber of Commerce 2003 Citizen of the Year.(Supervisor Rodoni)

ACTION: Ratify the Certificate of Recognition.

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.

5.                   Humboldt County Fish and Game Advisory Commission Resignation of Warner Forsell and Letter of Appreciation.(Supervisor Smith)

ACTION: Accept resignation and authorize Chair to sign letter of appreciation.

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.

6.                   Letter of Appreciation to Paul Kirk for Years of Work on Water and Fisheries Issues.(Supervisor Smith)

ACTION: Authorize Chair to sign letter of appreciation.

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.

7.                   Letter to Members of the California State Senate Urging Their Support of AB 1457/Steinberg.(Supervisor Geist)

ACTION: Ratify authorization for Chair to sign letter urging support of Ab 1457.

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.

8.                   Appointment of Joe Toroni to the Fortuna Fire Protection District Board.(Supervisor Rodoni)

ACTION: Appoint Joe Toroni to the Fortuna Fire Protection District Board.

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.

County Administrative Office

9.                   Exemptions to Hiring Freeze.

ACTION: The Board of Supervisors approves exemptions to the hiring freeze exemption for the following vacant positions:  Public Works - Aviation (Supervising Airport Service Worker - 03), DHHS-Mental Health Branch (Mental Health Worker I/II-06), DHHS-Mental Health Branch (Psychiatric Nurse - 014 & 018), DHHS-Mental Health Branch (Psychiatric Tech I/II - 03), DHHS Public Health Branch (Public Health Nurse - 02), DHHS-SSB-ETD (Vocational Counselor I/II - 04).

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.

10.               Public Guardian/Veterans Services Consolidation with Department of Health and Human Services.

ACTION: Dissolve the Public Guardian/Conservator (PG) Department effective June 20, 2004.  Dissolve the Veterans Services Department effective June 20, 2004.  Disallocate the Public Guardian/Conservator Department Head position effective June 20, 2004.  Authorize that all Public Guardian/Conservator programs, allocated positions and services be incorporated into the Department of Health and Human Services (DHHS), Social Services Branch, Adult Services effective June 20, 2004.  Authorize that all Veterans Services, including allocated positions, be transferred over to and incorporated into the Department of Health and Human Services, Social Services Branch, Adult Services effective June 20, 2004.  Direct County Counsel to prepare the appropriate ordinance(s) and changes to the County Code to reflect the departmental changes.

 

David Elsebusch and Sarah Turner addressed the Board and spoke regarding the issue of consolidating the Public Guardian/Conservator Department with Health & Human Services.  Phil Crandle, Director, Health & Human Services addressed questions raised by previous speakers and explained that the Public Guardian's office is not a revenue generating department noting that the transition of this department to Health & Human Services will be seamless from the public service perspective.  In addition,  Mr. Crandle noted that the goal of consolidation is to reduce the overall impact to the County's budget and improve upon existing services.

Motion: Move to approve

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

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

11.               Increase in Compensation for Deputy Public Defender II.

ACTION: That the Board approve an increase in compensation for Deputy Public Defender II Sunny Paley (Salary Range 302, Class 0604, Budget Unit 246) to Deputy Public Defender II (Salary Range 302, Class 0604, Position #01, Budget Unit 246) Step C, effective April 26, 2004, pursuant to Section 7 of the Humboldt County Salary Resolution.

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.

Health and Human Services - Mental Health Branch

12.               Agreement with Transitional Residential Treatment Facilities.

ACTION: Ratify and approve the agreement with Transitional Residential Treatment Facilities for services provided in fiscal year 2001-02 (up to but not to exceed Three Hundred Thirty Thousand Eighty Dollars - $330,080.00), 2002-03 (up to but not to exceed Three Hundred Thirty Thousand Eighty Dollars - $330,080.00), and 2003-04 (up to but not to exceed Three Hundred Thirty Thousand Eighty Dollars - $330,080.00) and authorize the Chair to sign agreement with TRTF.

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.

Health and Human Services - Social Services Branch

13.               Approval and Execution of UC Davis Training Contracts (UC Davis-State & Federal Funds)

ACTION: Approve the attached contracts in the amounts of $69,000 and $8,700 with UC Davis for the provision of training DHHS-SSB staff and authorize the Chair to execute both copies of each contract.

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.

Public Works

14.               Approval of Contract for Seven Quarterly Groundwater Monitoring Events and Waste Profiling & Disposal at the Public Works Elk Creek Maintenance Yard - Elk Creek Road, Myers Flat.

ACTION: Approve the contract for waste profiling and disposal, direct Public Works to execute the contract, and approve the budget to provide funds for the investigation of contamination from underground fuel tanks at the Elk Creek Maintenance Yard.  Revenue:  3540330-0938 Reimbursables and Contributions - $54,601.00.  Expenditures:  3540330-2118 - Professional and Special Services - $54,601.00.

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.

15.               Award of contract for Construction of Freshwater Bike Lane (Phase 1) on Freshwater Road (F6F060) between Howard Hts. Road and Freshwater Park.  Project No. STPLER-5904(045) Contract No. 200101.

ACTION: Receive and file bids for Construction of Freshwater Bike Lane (Phase 1) on Freshwater Road (F6F060) between Howard Hts. Road and Freshwater Park.  Aware the project to Granite Construction Company for the base bid amount.  Authorize the Chairman to execute the project agreement upon submittal of the appropriate bonds and insurance.  Direct Auditor-Controller to establish a new contract account.

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.

Sheriff

16.               Resolution Approving the Application for State Off-Highway Vehicle Grant (State Department of Parks and Recreation, Off-Highway Vehicle Program).

ACTION: Adopt the resolution approving the application for State Off-Highway Vehicle Grant and direct the Clerk of the Board to return the completed documents by May 7, 2004 to the Sheriff's Office.

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.

Revenue Recovery

17.               Revenue Recovery Agreement - OSI Collection Services, Inc.

ACTION: Authorize Chair to execute and sign agreement with OSI Collection Services for revenue recovery services.

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.

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.

 

David Elsebusch addressed the Board and spoke regarding various issues concerning the County's current budget situation.  Daniel Pierce addressed the Board and discussed several alternative resource options for addressing power and energy problems in the County.  Dennis Mayo addressed the Board and discussed various critical habitat and Snowy Plover issues as they relate to the Clam Beach Plan.  Marilyn Sterling, Mental Health Advocacy Project addressed the Board and spoke regarding the proposed consolidation of the Public Guardian/Conservator Department with the Department of Health and Human Services, Social Services Branch, Adult Services.

E.                  SPECIAL PRESENTATIONS

1.                   Proclaim May 2004 as Foster Parent Appreciation Month.(Supervisor Geist)

ACTION: Adopt the Proclamation.

Motion: Move to approve

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

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

2.                   Proclaim May 2004 as Feldenkrais Method Awareness Month.(Supervisor Geist)

ACTION: Adopt the Proclamation.

Motion: Move to approve

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

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

3.                   Resolution Honoring Douglas A. Pool for his Dedicated Law Enforcement Career.(Supervisor Geist)

ACTION: Adopt the Resolution.

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.

4.                   Veterans Appreciation Month May 2004.(Supervisor Smith)

ACTION: Adopt the Proclamation.

Motion: Move to approve

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

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

5.                   Proclaim May 2004 as Mental Health Month.(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.                  DEPARTMENT REPORTS

County Administrative Office

1.                   Standing Item--Update on Proposed State Budget

ACTION: Receive update, and take appropriate action (if required).

 

Loretta Nickolaus, CAO discussed the TAFNF Funding (Temporary Assistance for Needy Families) and requested Board support for sending a letter to Governor Schwarzenegger, Senator Chesbro and Assemblymember Berg stressing the importance of keeping this funding in place.  In addition, Bill Burke, Director, Humboldt County Probation Department stressed the importance of maintaining the TAFNF funding and noted that additional programs outside of probation would be affected if the funding is eliminated.

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.                   Appointment of Three City Representatives on the Humboldt County Indian Gaming Local Committee Benefit Committee, and Receipt of Recommendations for the two Tribal Representatives Members to the Committee.  (This item continued from April 27, 2004 Board of Supervisors Meeting.

ACTION: Reaffirm Supervisor Jill Geist and Supervisor Jimmy Smith as the two County Representatives, Elizabeth Conner, City of Arcata representative, Marlene Smith, City of Blue Lake representative, and Mayor Dean Heyenga, City of Trinidad.  Accept recommendations for the two tribal member representatives.

 

Loretta Nickolaus, CAO noted there has been no response from the three gaming tribes concerning their recommendation for two tribal representatives on the Humboldt County Indian Gaming Local Committee Benefit Committee.  Ms. Nickolaus requested direction from the Board to reaffirm Supervisor Jill Geist and Supervisor Jimmy Smith as the two County Representatives, Elizabeth Conner, City of Arcata Representative, Marlene Smith, City of Blue Lake Representative and Mayor Dean Heyenga,  City of Trinidad Representative, and direct the Committee to accept the current participation, move forward with the scheduled meetings, and return in several weeks to ratify the two Tribal Representatives once they have been selected.

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.

G.                 MATTERS INITIATED BY BOARD MEMBERS

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

ACTION: Take appropriate action (if required).

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

ACTION: Take appropriate action (if required).

3.                   Silva Lot Line Adjustment/Agricultural Preserve Application, File No. APN 101-132-02, Case No. LLA-02-04 (Note:  this item was continued from the February 23, 2004 BOS meeting).

ACTION: That the Board of Supervisors accepts request to withdraw the item.

Motion: Move to approve

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

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

H.                  CLOSED SESSION

NO CLOSED SESSION HELD.

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

2.                   Standing Item--Pursuant to Government Code Section 54957.6.  Standing Item--Pursuant to Government Code Section 54957.6 Conference with Labor Negotiator.  It is the intention of the Board of the Humboldt County Public Authority to meet in Closed Session to have a conference with its Labor Negotiator to review and instruct designated representatives with respect to the various forms of compensation provided to represented and unrepresented personnel of the Humboldt County Public Authority.

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

I.                     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).

Afternoon and Special Sessions Scheduled for Future Board Meetings

Tuesday, May 11, 2004

Mathews Estates

 

Monday, May 20, 2004 (9 a.m.)

Special Study Session—Proposed County Budget

 

Tuesday, May 25, 2004

Klamath River Aggregates

2004-05 County Budget (Evening Session Also)

 

 

There are no Board meetings on the following dates in 2004:

 

Tuesday, June 29

Tuesday, August 3

Tuesday, August 10

Tuesday, August 31

Tuesday, November 16

Tuesday, November 23

Tuesday, November 30

Tuesday, December 21; and

Tuesday, December 28.

 

ALL MEETINGS OF THE BOARD OF SUPERVISORS ARE BROADCAST LIVE ON COX CABLE CHANNEL 10, AND ARE REBROADCAST ON WEDNESDAYS AT 8 O’CLOCK P.M.

County of Humboldt Web Site:  http://www.co.humboldt.ca.us

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.