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 11, 2004

 

REGULAR SESSION

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

9:05 AM

 

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

A.                  SALUTE TO THE FLAG

B.                  AGENDA ADDITIONS AND/OR DELETIONS

C.                  CONSENT CALENDAR

Agricultural Commissioner

1.                   Extension of Extra Help Allocation Through End of 2003-04 Fiscal Year. (Local expenditures for all labor, equipment and supplies are reimbursed through contractual agreements with the CDFA).

ACTION: Approve extension of temporary extra help allocation, Bradley Freeman, not to exceed 1920 hours during fiscal 2003-04, 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.

Board of Supervisors

2.                   Joint Exercise of Powers Agreement for the Formation and Implementation of the Humboldt/Del Norte Hazardous Materials Response Authority.(Supervisor Geist)

ACTION: Authorize Chair to sign the Joint Exercise of Powers Agreement.

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.                   Appoint Charles Ollivier as Representative to the North Coast Railroad Authority.(Supervisor Woolley)

ACTION: Appoint Charles Ollivier to the North Coast Railroad Authority effective May 11, 2004; and ratify letter of appreciation to Leo Sears on May 18, 2004.

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.

4.                   Extend the Deadline for the Medical Marijuana Task Force to return to the Board of Supervisors their recommendations for a proposed ordinance pertaining to implementation of Prop. 215 and SB 420.(Supervisor Woolley)

ACTION: Approve the extended deadline.

Motion: Move to approve

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

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

Child Support Services

5.                   Starting Child Support Specialist III, Michele Yoder, at an Advanced Step (Department of Child Support Services Fund).

ACTION: That the Board of Supervisors Authorize the Department of Child Support Services to advance Child Support Specialist III, Michele Yoder, from Range 318, Step "C", to Range 318, Step "E."

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.

Community Development Services

6.                   Approval of WIA Youth Program Contract Amendments to Include Unspent Funds From the Contacts Ending September 30, 2003. Fund #1190, Budget #588:† Formula funds through the Workforce Investment Act, U.S. Department of Labor, CA Employment Development Department. ($38,133 of unspent carry-over funds from 2002-2003 Workforce Investment Act formula grant for youth programs.† No funds are required from the General Fund).

ACTION: Receive the staff report and review the recommendations of the Workforce Investment Board and Youth Council (WIB Board Report, Attachment 1).† Approve the Amendments to the WIA Fund Contracts with the Four School Districts increasing the Compensations, Reimbursement Amounts and Program Budgets to include Unspent Funds from the Contracts Ending September 30, 2003; as recommended by the Workforce Investment Board and Youth Council.† Authorize the Chair of the Board to sign the Amendments to the WIA Fund Contracts with the following School Districts:† Eureka City Schools, Fortuna Union High School District, Klamath Trinity Joint Unified School District, and Northern Humboldt Union High School District (Attachment 2).

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

7.                   Modification of prior Board action regarding effective date of position disallocation (General Fund).† This action will prevent the need to budget about $5,200 in salaries and benefit allowance (County General Fund) in the new fiscal year.

ACTION: That the Board modify its March 23 action to approve the disallocation of the two investigator positions assigned to the Code Enforcement Unit to be effective June 19, 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.

General Services

8.                   Approve purchase of two (2) commercial stand-up refrigerators and one (1) commercial sandwich refrigeration unit for the Courthouse Snack Bar.† Cost is $5,913.15.† Funding source is Snack Bar Trust Fund.

ACTION: That the Board of Supervisors approve the purchase of three (3) refrigeration units for the Courthouse Snack Bar.

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

9.                   Fiscal Year 2003-2004 Performance Contract.

ACTION: Authorize the Department of Health and Human Services - Mental Health Branch Director to sign the 2003-2004 Performance Contract and related Assurances with the State Department of Mental Health.† Direct the Clerk of the Board to provide the Department of Health and Human Services - Mental Health Branch Director with one certified copy of this Board Order for submission to the State.

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.               Mental Health Branch/Department of Rehabilitation Cooperative Contract for Fiscal Year 2004-2005.† The Mental Health Branch/Department of Rehabilitation cooperative program agreement is funded by a combination of federal funds through the California Department of Rehabilitation and local mental health matching funds.† The matching funds of the Mental Health Branch were budgeted in the 2004-2005 County Budget in anticipation of continuing this Program.

ACTION: Approve the attached Cooperative Program agreement with the California Department of Rehabilitation for the provision of employment and independent living services for persons with severe psychiatric disabilities, for the period of July 1, 2004 through June 30, 2005.† Adopt Resolution No. 04-30, authorizing the Department of Health and Human Services Mental Health Branch Director to sign and execute the Cooperative Program agreement and any subsequent amendments between Humboldt County Mental Health and the State of California Department of Rehabilitation, and be submitted to the State of California.† Direct the Clerk of the Board to provide the Mental Health Department with four certified copies of 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.

11.               Extension of Extra Help Hours for Isaac Larson, Mental Health Worker I (Mental Health Fund).† Salary savings and funds in the Mental Health Budget will be used to cover the cost of extra help.† The cost of the extension of extra help will be covered by salary savings in the Mental Health Budget.

ACTION: Reschedule for the meeting of May 18, 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.

Library Services

12.               Recognition of Donations Made to the Library and Supplemental Budget in† Budget Unit 621, Library (Library Fund - Restricted Donations).

ACTION: That the Board of Supervisors adopt a supplemental budget in the amount of $1,124.

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

13.               Resolution authorizing the Department of Public Works to enter into Agreements with the California Department of Fish & Game to provide matching funds, administer the construction of and maintain Fish Migration Barrier Removal Projects at Painter Creek, Indian Creek and Graham Gulch. (Road Fund).† $909,265 funding from DF&G.† $46,000 funding from Humboldt County Department of Public Works Roads Engineering account 1200321-2118.

ACTION: That the Board of Supervisors adopt Resolution NO. 04-31, authorizing the Department of Public Works to enter into three (3) agreements with the California Department of Fish & Game for the construction of fish migration barrier removal projects at Painter Creek, Indian Creek and Graham Gulch.

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.

14.               Roy Morningstar Overflight Easement, APN 511-211-09, McKinleyville Area.

ACTION: Accept the Overflight Easement of the County of Humboldt executed by Roy Morningstar, Trustee for the Morningstar Revocable Trust, for the benefit of the Arcata-Eureka Airport.† Direct the Clerk of the Board to return the Overflight Easement to the Land Use Division of the Department of Public Works for further processing.

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.               Support of Federal Aviation Administration Small Community Air Service Development Grant (Docket OST-2004-17343).

ACTION: Adopt Resolution No. 04-32, support for the Small Community Air Service Development Grant.† Direct the Clerk of the Board to return one fully executed copy to Public Works for transmittal to Redding Municipal Airport.

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.               Ordinance Amending Animal Control Officer (General Fund).† By agreement, on January 1, 2004, responsibility for Animal Control was moved from the Agricultural Commissioner to the Sheriff.† An ordinance is needed to amend Sections 541-11 and 541-12 of the Humboldt County Code.† The ordinance designates the Sheriff as the Animal Control Officer and specifies that Deputy Animal Control Officers are public officers not peace officers.

ACTION: That the Board of Supervisors introduce by title and waive the first reading of the ordinance.† That the summary of the ordinance be published and a certified copy of the full text of the proposed ordinance be posted in the office of the Clerk of the Board of Supervisors at least five days prior to the Board meeting which the ordinance will be adopted.† Government Code Section 25124(b)(1).† That within fifteen days after adoption of the ordinance the Supervisors shall publish a summary of the ordinance with the names of the Supervisors voting for and against the ordinance and the Clerk shall post in the office of the Clerk of the Board a certified copy of the full text of the adopted ordinance and amendments along with the names of those Supervisors voting for and against the ordinance.† Government Code Section 25124(b)(1).

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.

Treasurer-Tax Collector

17.               Schools Combined Request for Trans Issuance.

ACTION: That the Board of Supervisors authorize the Clerk of the Board of Supervisors to notify in writing the Humboldt County Board of Education, Fortuna Union Elementary School District, Jacoby Creek Elementary School District, McKinleyville Union Elementary School District, Southern Humboldt Joint Unified School District, Eureka City Unified School District, Northern Humboldt Union High School District, and Redwoods Community College District and their bond attorney's, Orrick, Herrington & Sutcliffe that the Board of Supervisors will not act to authorize the above named Districts to issue Tax and Revenue Anticipation Notes.

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.

18.               Appoint Trustee for County's Deferred Compensation and Defined Contribution Plans.

ACTION: That the Board of Supervisors authorize the Chair of the Board of Supervisors to sign an agreement appointing Investors Bank & Trust Company as trustee to the County's Deferred Compensation & Defined Contribution Plans.

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.

Several individuals addressed the Board on various issues.

E.                  SPECIAL PRESENTATIONS

1.                   Proclaim May 16-22 2004 Senior Safety and Fall Prevention Week.(Supervisor Geist)

ACTION: Adopt the Proclamation.

Motion: Move to approve

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

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

2.                   Arthritis Education Month is May 2004.(Supervisor Geist)

ACTION: Adopt the Proclamation.

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.

F.                  DEPARTMENT REPORTS

County Administrative Office

1.                   Standing Item--Update on Proposed State Budget

It was not necessary to hear this standing item.

Department of Health and Human Services, Public Health Branch.

2.                   Departmental Report on the Alternative Response Team -- Written and Verbal (Public Health and Social Services Fund).

No action was required on this agenda item.† The report was received and filed.

G.                 MATTERS INITIATED BY BOARD MEMBERS

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

No action was required on this standing agenda item.

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

No action was required on this standing item.

H.                  MATTERS SET FOR TIME CERTAIN

Board of Supervisors -- 9:30 a.m.

1.                   Presentation by Mark Baker on his Report on the Structure and Socioeconomic Benefits of Humboldt County's Natural Resources Restoration Sector.(Supervisor Smith)

No action was required on this agenda item (report only).

I.                     CLOSED SESSION

1.                   Adjourn as the Humboldt County Board of Supervisors and reconvene as the Humboldt County Public Authority.† 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.

This Closed Session was continued to the meeting of May 18, 2004.

J.                   PUBLIC HEARING--1:30 P.M.

Community Development Services

1.                   Appeal of the Planning Director's Decision to Deny the Mathews Estate's Request for an Exception to the County's Fire Safe Regulations, Section 3112-11, Length of Dead-End Roads

ACTION: Continue to the meeting of Tuesday, June 22, 2004, at 1:30 p.m.

 

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.

K.                  ADJOURNMENT