Carre Brown

1st District Supervisor

Chair

John McCowen

2nd District Supervisor

Tom Woodhouse

3rd District Supervisor

Dan GJerde

4th District Supervisor

Vice Chair

DAN HAMBURG

5th District Supervisor

 

 

 

 

CARMEL J. ANGELO

Chief Executive Officer/

Clerk of the Board

 

 

 

 

DOUGLAS L. LOSAK

Interim County Counsel

 

 

 

COUNTY ADMINISTRATION CENTER

501 Low Gap Road, Room 1070

Ukiah, CA 

(707) 463-4441

Fax (707) 463-5649

cob@co.mendocino.ca.us

 

Mendocino County Board of Supervisors

 

AGENDA (AMENDED)

 

REGULAR MEETING

September 22, 20159:00 am

Board Chambers, Room 1070, County Administration Center

 

 

 

Following the posting of the Agenda, all agenda item supporting documentation, including any material submitted to the Clerk after distribution of the Agenda packet, is available for public review through the Executive Office, 501 Low Gap Road, Room 1010, Ukiah, CA 95482 during regular business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday. 

 

Persons wishing to file documentation on any agenda item for the official record must submit ten (10) copies of each document to the Executive Office.

 

Members of the public are advised that all cell phones or electronic devices are to be silenced upon entering the Board Chambers.

 

 

 

TIMED ITEMS

 

TIMED ITEMS                                                                                                                                                                      

        Please note that all times provided are considered approximate.

1:30 PM Discussion and Possible Adoption of Urgency Ordinance Establishing Interim Restrictions on the Establishment of Formula Businesses Pending the Study and Consideration of Zoning and Other Land Use Regulations Pertaining to Such Businesses (See Agenda Item 6c)           

3:00 PM Planning Items  (See Agenda Items 5f-5i, 8b)  

TIMED ITEMS

EN SESSION

1.        OPEN SESSION (9:00 A.M.)                                                                                                                                            

(a)       Roll Call

(b)       Pledge of Allegiance

PROCLAMATIONS

2.       PROCLAMATIONS                                                                                                                                                            

Items in this section are automatically adopted unless specifically pulled by a Supervisor. Proclamations may be presented or commented on as needed.

(a)        Adoption of Proclamation Recognizing September 21-27, 2015, as Pollution Prevention Week and September 19-27, 2015, as Creek Week in Mendocino County (Sponsor: Mendocino County Water Agency)

PUBLIC EXPRESSION

3.       PUBLIC EXPRESSION                                                                                                                                                      

Members of the public are welcome to address the Board on items not listed on the agenda, but within the jurisdiction of the Board of Supervisors. The Board is prohibited by law from taking action on matters not on the agenda, but may ask questions to clarify the speaker's comment. The Board limits testimony on matters not on the agenda to 3 minutes per person and not more than 10 minutes for a particular subject at the discretion of the Chair of the Board.

Individuals wishing to address the Board under Public Expression are welcome to do so throughout the meeting. To best facilitate these items, please review and complete the public comment/speaker form available at the back of the Boardroom and present to the Clerk. If you wish to submit written comments, please provide 10 copies to the Executive Office staff, located in the County Administration Center, Room 1010. All meetings are tape-recorded, so speakers are reminded to announce their names as they approach the podium.

CONSENT CALENDAR

4.       CONSENT CALENDAR                                                                                                                                                   

The Consent Calendar is considered routine and non-controversial and will be acted upon by the Board at one time without discussion.  Any Board member may request that any item be removed from the Consent Calendar for individual consideration.

See section at the end of this document for the full listing of Consent items

COUNTY EXECUTIVE OFFICE AND DEPARTMENTAL MATTERS

5.       COUNTY EXECUTIVE OFFICE AND DEPARTMENTAL MATTERS                                                   

EXECUTIVE OFFICE

(a)        Chief Executive Officer's Report (Available Online at: http://www.co.mendocino.ca.us/administration/CEOReports.htm)

Recommended Action/Motion: Accept the report of the Chief Executive Officer.

(b)        Discussion and Possible Action Including Review, Adoption, Amendment, Consideration or Ratification of Legislation Pursuant to the Adopted Legislative Platform

Recommended Action/Motion: Provide directions to staff on matters of legislation.

(c)         Discussion and Possible Action to Approve the Community Benefit Fund Application and Review Procedures for FY 2015-16

Recommended Action/Motion: Approve the Community Benefit Fund Application and review procedures for FY 2015-16.

FARM ADVISOR

(d)        Introduction of Julia Van Soelen Kim, University of California Cooperative Extension North Bay Food Systems Advisor, and Presentation on Scope of Work

HUMAN RESOURCES

(e)         Presentation and Possible Adoption of a Retention Pay Schedule for Mendocino County Job Classifications Which Have Been Identified as Hard to Retain, and Approval of Retention Pay for Social Workers and Nurses To be Paid Out Over Four Pay Periods During November and December 2015 (Sponsors: Human Resources and Executive Office)

PLANNING AND BUILDING SERVICES

(f)          Noticed Public Hearing  Discussion and Possible Adoption of Resolution Approving Agricultural Preserve and Williamson Act Contract No. A 2013-0004 (Schneider) for the Placement of a New Agricultural Preserve and Williamson Act Contract on Approximately 5,660 Acres near Covelo

(g)        Introduction and Waive First Reading of an Ordinance Amending Title 18 of the County Code to Establish an Expedited Permitting Process for Small Residential Rooftop Solar Energy Systems and Set October 6, 2015, for the Second Reading of the Ordinance

(h)        Noticed Public Hearing - Discussion and Possible Adoption of a Resolution to Allocate Community Development Block Grant (CDBG) Program Income on-hand as Recommended by Staff and Authorization to Submit Appropriate Documentation to the State Department of Housing and Community Development to Implement the Allocation

(i)          Informational Update on the Status of the Mendocino Town Local Coastal Plan Amendment (LCPA) and Possible Direction or Consideration of Coastal Commission Comments Regarding the Submitted Mendocino Town LCPA

SHERIFF-CORONER

(j)          Presentation on the Sheriff's Office New Emergency Mobile Alert Program (Sponsors: Sheriff's Office and Supervisor Woodhouse)

6.       BOARD OF SUPERVISORS AND MISCELLANEOUS                                                                                     

(a)        Supervisors' Reports Regarding Board Special Assignments, Standing and Ad Hoc Committee Meetings, and Other Items of General Interest

(b)        Discussion and Possible Approval of Letter to The Utility Reform Network (TURN) Requesting the Filing of a Quality of Service Petition with the California Public Utilities Commission (CPUC) on Behalf of Mendocino County Related to Recent Public Telecommunications Switched Network (PSTN) Failures (Sponsor: Supervisor Hamburg)

(c)         Discussion and Possible Adoption of Urgency Ordinance Establishing Interim Restrictions on the Establishment of Formula Businesses Pending the Study and Consideration of Zoning and Other Land Use Regulations Pertaining to Such Businesses (Sponsors: Supervisors Brown and McCowen)

7.       BOARD OF DIRECTORS MATTERS                                                                                                                       

The Mendocino County Board of Supervisors meets concurrently as the Board of Directors of the: In-Home Supportive Services Public Authority Governing Board; Mendocino County Air Quality Management District; Mendocino County Public Facilities Corporation; and the Mendocino County Water Agency.

MENDOCINO COUNTY WATER AGENCY

(a)        Discussion and Possible Adoption of Resolution Rescinding the Mendocino County Standard Urban Stormwater Mitigation Plan (SUSMP) and Authorizing the Chief Executive Officer to Administer the Mendocino County Low Impact Development Standards Manual

(b)        Discussion and Possible Action Regarding the Formation of an Ad Hoc Committee on the Sustainable Groundwater Management Act (SGMA) Requirements for the Ukiah Valley Basin

8.       MODIFICATIONS TO AGENDA                                                                                                                                 

Items added to the agenda subsequent to agenda publication, up to 72 hours in advance of the meeting, pursuant to Government Code section 54954.

(a)        Regular Agenda - Discussion and Possible Adoption of a Resolution Approving a Sideletter of Agreement Between the County of Mendocino and All Mendocino County Employee Bargaining Units for the Term of September 22, 2015 Through June 30, 2016, Which Allows Emergency Leave Donations to the Catastrophic Leave Bank and Emergency Vacation Cash Out to Employees who are Victims of the Valley Fire, and to Temporarily Increase the Flexible Time Off Accrual Limit for Exempt Employees Who are Providing Mutual Aid as a Result of the Valley Fire, Subject to Agreement from the Bargaining Units (Sponsors: Human Resources and Executive Office)

(b)        Regular Agenda - Discussion and Possible Alteration of Ordinance Amendment No. OA 2014-0005 Replacing Chapter 22.08 (Resource Preserves) and Concurrent Resolution Updating Policies and Procedures for the Establishment and Management of Agricultural Preserves and Williamson Act Contracts (Sponsors: Planning and Building Services and County Counsel)

9.       CLOSED SESSION                                                                                                                                                              

Any public reports of action taken in the closed session will be made in accordance with Government Code sections 54957.1.

(a)        Pursuant to Government Code Section 54957.6 - Conference with Labor Negotiator - Agency Negotiators: Carmel J. Angelo, Randy Parent, Heidi Dunham, Alan Flora, Cherie Johnson, and Donna Williamson; Employee Organization(s): All

(b)        Pursuant to Government Code Section 54956.9d(2) – Conference with Legal Counsel – Anticipated Litigation: Significant Exposure to Litigation – One Case

10.    COMMUNICATIONS RECEIVED AND FILED                                                                                                  

Communications received and filed are retained by the Clerk throughout the Board proceedings. To review items described in this section, please contact the Executive Office staff in Room 1010.

(a)          Sonoma County Water Agency - Russian River Hydrologic Status Report (August 21 - August 27, 2015); for more information, please contact John E. Mendoza, P.E. at (707) 547-1929, or via email at John.Mendoza@scwa.ca.gov.

(b)         Sonoma County Water Agency - Russian River Hydrologic Status Report (August 28 - September 3, 2015); for more information, please contact John E. Mendoza, P.E. at (707) 547-1929, or via email at John.Mendoza@scwa.ca.gov.

(c)          Sonoma County Water Agency - Russian River Hydrologic Status Report (September 4 - September 10, 2015); for more information, please contact John E. Mendoza, P.E. at (707) 547-1929, or via email at John.Mendoza@scwa.ca.gov.

(d)         Sonoma County Water Agency - Russian River Supplemental Water Quality Report (July 1 - July 21, 2015) as required by the May 1 Order approving the Agency's Petition for Temporary Urgency Change in Permit 12947A, 12949, 12950, and 16596 (Applications 12919A, 15736, 15737, and 19351); for more information, please contact John Mendoza, P.E., at (707) 547-1929, or via email at John.Mendoza@scwa.ca.gov.

(e)          California Fish and Game Commission - Notice of Receipt of Petition from the Center of Biological Diversity to List Tricolored Blackbird (Agelaius tricolor) as Endangered via Emergency Regulation Act and via the Listing Process Set Forth under the California Endangered Species Act; for more information, please contact Sonke Mastrup at (916) 653-4899.

(f)          State Water Resources Control Board - Notice of Series of Informational Meetings to Discuss Implementation of the Sustainable Groundwater Management Act (SGMA) and to Answer Questions from the Public; for more information, please contact Ms. Katheryn Landau at (916) 641-5588, or via email at Katheryn.Landau@waterboards.ca.gov.

(g)          California Department of Fish and Wildlife; Notice of Open Registration for 2015 California Aquatic Bioassessment Workgroup Meeting; for more information, please contact James M. Harrington at (916) 358-2862.

4.       CONSENT CALENDAR - CONTINUED                                                                                                                 

The Consent Calendar is considered routine and non-controversial and will be acted upon by the Board at one time without discussion.  Any Board member may request that any item be removed from the Consent Calendar for individual consideration.

Items Recommended for Denial/Rejection:

CLAIMS AGAINST THE COUNTY

(a)        Claim of Erika Esther E. Lahtela

(b)        Claim of Joyce Kobetz

Items Recommended for Approval:

AUDITOR-CONTROLLER

(c)         Approval of the County’s 2015-16 Tax Rates for Secured Property Tax Rolls

(d)        Adoption of Resolution Approving the Mendocino County Final Budget for Fiscal Year 2015-16 in Accordance with the Auditor's Summary Tabulation Sheet

EXECUTIVE OFFICE

(e)         Authorization for the Destruction of Certain Records within the Clerk of the Board Office, Pursuant to Government Code Section 26202

(f)          Appointment of Board Member Representative and Alternate Representative to the California State Association of Counties (CSAC) Board of Directors for 2016

HEALTH AND HUMAN SERVICES AGENCY

(g)        Approval of Agreement with Family Resource Center (FRC) Network of Mendocino County in the Amount of $160,589 for Fiscal Year 2015-16 to Provide Programs for Child Abuse Prevention and Intervention

(h)        Approval of Agreement with Redwood Community Services, Inc. (RCS) in the Amount of $1,126,309 to Provide Emergency Shelter Services for Children Placed by Health and Human Services Agency (HHSA) Family and Children's Services (FCS) in Fiscal Year 2015-16

(i)          Approval of Agreement with Ford Street Project in the Amount of $145,275 to Provide for the Provision of the Food Bank, Community Resource Services, and Homeless Shelter Services in Ukiah for Fiscal Year 2015-16

(j)          Approval of Revenue Agreement No. 15-10071 with the State of California, Department of Public Health, Women, Infants and Children (WIC) Program Division in the Amount of $3,812,782 to Provide Nutrition Education for WIC for Federal Fiscal Years (FFY) 2015-19; and Adoption of Resolution Authorizing the Health and Human Services Agency (HHSA) Director to Sign Agreement on Behalf of Mendocino County; and Further, Provide Assurance of Review and Approval of Revenue Agreement

HUMAN RESOURCES

(k)        Adoption of Resolution Authorizing Changes to and Adoption of Master Position Allocation Table for Fiscal Year 2015 16

PLANNING AND BUILDING SERVICES

(l)          Acceptance of Informational Report Regarding Emergency Coastal Development Permit EM No. 2015-0001 Issuance for Caltrans

(m)      Approval of Agreement with Softfile, Inc. in the Amount of $100,000 to Provide Digital Archiving and File Indexing Services for Planning and Building Services

(n)        Approval of Private Road Name Petition RN 2015-0003 (Road 18) Finding it to be in Conformance with Mendocino County Code 18.16.070 (Little River)

PROBATION

(o)        Approval of Agreement with Northern California Construction Training, Inc. (NCCT) in the Amount of $175,909.15 to Provide a Construction Technology Program for the Period of October 1, 2015, through September 30, 2016

SHERIFF-CORONER

(p)        Approval to Purchase Two Servers in the Amount of $12,672.47 for the Replacement of the Existing IBM AS400, Adding the Equipment to the County List of Approved Fixed Assets; and Authorization of the Necessary Budget Transfer Form

(q)        Approval of Amendment to Agreement No. 11-047 with Legacy Inmate Communications to Extend the Termination Date Through November 4, 2019, for Phone Services for Inmates Housed in the Mendocino County Jail and Wards of the Juvenile Hall

(r)         Adoption of Resolution Authorizing the Mendocino County Sheriffs Office to Submit a Proposal for Funding through the Adult Local Criminal Justice Facilities Construction Financing Program (Senate Bill 863), to the Board of State and Community Corrections (BSCC), for Specialty Housing and Expanded Program, Training, and Healthcare Space at the County Jail

TRANSPORTATION

(s)         Adoption of Resolution Approving Department of Transportation (DOT) Agreements (for a Total Amount of $61,825) with and Accepting Grant Deeds Conveying Real Property from Certain Landowners for the Acquisition of Rights of Way Needed for the Reconstruction and Widening Project of East Side Potter Valley Road, CR 240, from M.P. 2.46 to M.P. 6.42 (Potter Valley Area)

Board of Supervisors Concurrent Boards

MENDOCINO COUNTY AIR QUALITY MANAGEMENT DISTRICT.

MENDOCINO COUNTY LIBRARY DISTRICT.

MENDOCINO COUNTY PUBLIC FACILITIES CORPORATION.

MENDOCINO COUNTY WATER AGENCY.                       

BOARD OF SUPERVISORS ACTING AS THE GOVERNING BOARD OF THE SUCCESSOR AGENCY FOR THE REDEVELOPMENT AGENCY OF THE COUNTY OF MENDOCINO.

 

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Additional Meeting Information for Interested Parties

·         The Board of Supervisors complies with ADA requirements and upon request, will attempt to reasonably accommodate individuals with disabilities by making meeting material available in appropriate alternative formats (pursuant to Government Code Section 54953.2). Anyone requiring reasonable accommodation to participate in the meeting should contact the Executive Office by calling (707) 463-4441 at least five days prior to the meeting

·         If you wish to address the Board on any matter on the agenda, please review and complete the public comment/speaker form available at the back of the Board Chambers. If you wish to submit documentation, please provide 10 copies to Executive Office staff, located in the Administration Center, Room 1010

·         A copy of the Agenda Packet is available for public review in the Executive Office, Room 1010. Proposed actions and supporting documents are considered draft until acted upon by the Board

·         Additional information on specific agenda items may be obtained by contacting the sponsoring departments. Contact information for County departments may be obtained at www.co.mendocino.ca.us/departments.htm

·         Board proceedings are broadcast on the local Public Access Channel to accommodate greater public access; tune in at the corresponding Open Session time as posted on the front page of the Agenda

·         LIVE WEB STREAMING OF BOARD MEETINGS: www.mendocinoaccess.org. For technical assistance, please contact Mendocino Access Television

·         Please reference the departmental website to obtain additional resource information for the Board of Supervisors: www.co.mendocino.ca.us/bos

 

Thank you for your interest in the proceedings of the Mendocino County Board of Supervisors