EUREKA -- The Board of Supervisors Tuesday voted to support the
inclusion of the Hoopa Valley Tribe into a joint powers authority
responsible for helping to allocate transportation dollars, a move
that directly contradicts the vote of its own representative to that
authority.
The Humboldt County Association of Governments includes the cities
of Arcata, Blue Lake, Eureka, Ferndale, Fortuna, Rio Dell, Trinidad
and the county of Humboldt. The agency is largely responsible for
state highway, local street and road improvements, public
transportation resources and the roadside call box program.
The board at its meeting in December had a series of deadlocked
votes on whether to include the Hoopa Tribe in its agency. Normally,
tribes are not considered public agencies and are therefore not
eligible to participate, but Hoopa was declared a public agency in the
1980s under a bill written by then Assemblyman Dan Hauser for the
expressed purpose of allowing Hoopa to take part in HCAOG.
The tribe has been trying for 18 years to get onto the board, but
the board deadlocked four to four with the county, Fortuna, Ferndale
and Rio Dell voting against the tribe's inclusion. Eureka, Arcata,
Trinidad and Blue Lake supported Hoopa's bid.
At the meeting Tuesday, the board took action to support Hoopa's
request and to ask the board to consider the issue again at a future
meeting, even though its HCAOG representative -- 2nd District
Supervisor Roger Rodoni -- voted to oppose it. Their action was
requested by Assemblywoman Patty Berg and State Sen. Wes Chesbro.
Rodoni was on jury duty Tuesday morning and did not attend the
meeting. It's unclear if the board's request will lead to a change in
his vote.
Tribal Chairman Clifford Lyle Marshall said the tribe is in all
respects a government, and that it deserves to be on the authority's
board, he said.
”The (deadlocked) vote is of concern because the Legislature has
found us as a matter of law to have met all the requirements of
membership,” he said.
Spencer Clifton, HCAOG's executive director, said his board doesn't
doubt that Hoopa is eligible to serve on joint powers authorities by
virtue of the law that was passed.
But the law does not give direction to the board to include the
tribe, he said, nor would it have the authority to do so.
”If it was intended to create a seat on HCAOG, then it would have
said that,” he said. “It doesn't clearly state that.”
The actual seat would have to come about as a result of amendments
to the authority, he said.
Berg's field representative, Connie Stewart, said that Berg will
not carry legislation making the Yurok Tribe a public authority this
year, so concerns that including Hoopa would lead to all the tribes
coming on board are premature.
”We'd like the Hoopa issue to be considered first,” she said.
The board will have to ratify its vote next week -- and take more
public comment -- because its action Tuesday was more than was noticed
to the public.
The law making Hoopa a public agency reads as follows:
”The Hoopa Valley Business Council, as the governing body of the
Hoopa Valley Indian Tribe, may participate as a legislative body,
pursuant to subdivision (b) of Section 65101 on the Humboldt County
Association of Governments and for that purpose may enter into a joint
powers agreement with the parties thereto and shall be deemed to be a
public agency for purposes of Article 1 (commencing with Section 6500)
of Chapter 5 of Division 7 of Title 1. The legislature finds and
declares that the unique circumstances of Humboldt County necessitate
this special law.”
In other business, the board also heard an updated budget report
from County Administrative Officer Loretta Nickolaus and Phil
Crandall, director of the Department of Health and Human Services.
She reiterated that the budget is better fiscal news than the
county's had in a long time, but said that there is need for concern
over cuts to the CalWorks program both in the current fiscal year and
next year.
She said the county is already working to make sure the state
understands the impacts of such cuts.
The board also voted to extend for another 14 days the state of
emergency that followed a series of powerful New Year's storms that
had caused millions of dollars in damage.
County backs Hoopa
membership
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
NOTE: In accordance with Title 17 U.S.C. section 107, any
copyrighted
material herein is distributed without profit or payment to
those who have
expressed a prior interest in receiving this information
for non-profit
research and educational purposes only. For more information
go to:
http://www.law.cornell.edu/uscode/17/107.shtml
Source: http://www.times-standard.com/local/ci_3413251