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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 |
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CARMEL J. ANGELO Chief Executive Officer/ Clerk of the Board
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DOUGLAS L. LOSAK Interim County Counsel
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(707) 463-4441
Fax (707) 463-5649
cob@co.mendocino.ca.us
Mendocino County Board of Supervisors
Board Chambers, Room 1070, County Administration Center
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.
Please note that all times provided are considered approximate.
2:30 PM Noticed Public Hearing - Discussion and Possible Adoption of Resolution Denying the Appeal of the Planning Commission's July 16, 2015, Denial of Administrative Appeal AA_2015-0002, Appealing Planning and Building Services Granting Zoning Clearance to Building Permit BU_2015-0104 (Dollar General)
(a) Adoption of Proclamation Recognizing October, 2015 as California Archaeology Month in Mendocino County (Sponsor: Supervisor Brown)
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.
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
5. COUNTY EXECUTIVE OFFICE AND DEPARTMENTAL MATTERS
(a) Approval of Agreement Between the County of Lake and County of Mendocino to Provide Housing and Associated Services for Juvenile Wards for the Period of October 15, 2015 through September 30, 2017 (Sponsors: Executive Office and Probation)
Recommended Action/Motion: Approve the Agreement between the County of Lake and County of Mendocino to provide housing and associated services for juvenile wards for the period of October 15, 2015 through September 30, 2017, and authorize Chair to sign same.
(b) Presentation on the Pension Stabilization Program by Public Agency Retirement Services (PARS) and Possible Direction to Staff Regarding Utilization of Funding in the Pension Gap Reserve
Recommended Action/Motion: View presentation on the Pension Stabilization Program by Public Agency Retirement Services (PARS) and give staff direction regarding utilization of funding in the Pension Gap Reserve.
PLANNING AND BUILDING SERVICES
(c) Noticed Public Hearing - Appeal by the Applicant, Tom Palley, of the Zoning Administrators Denial of Variance V_2014-0005, to Reduce the Side Yard Setback for an Existing House in Covelo (Continued from the July 21, 2015 Board of Supervisors Meeting)
Recommended Action/Motion: Accept the No-Build Area Easement and find Variance V_2014-0005 is no longer necessary.
(d) Noticed Public Hearing - Discussion and Possible Continuance of Adoption of an Ordinance for Contract Rezone R 2014-0005 over a 17 Acre Parcel from AG40 (Agriculture, 40-acre Minimum) to R-1 (Single-Family Residential) and R-3 (Multiple-Family Residential), Located on Lovers Lane, Approximately 200-feet westerly of Despina Drive, APN 170-060-01, to November 17, 2015 (Continued from August 18, 2015, Board of Supervisors Meeting)
Recommended Action/Motion: Continue the Public Hearing to adopt an ordinance to approve the Contract Rezone of the 17± acre parcel located on Lovers Lane (APN 170-060-01) from AG (Agricultural) to a split zoned parcel with 5.38± acres zoned R-3 (Multiple-Family Residential) and 11.64± acres zoned R-1 (Single-Family Residential) based on the findings and conditions of approval, as recommended by the Planning Commission to the November 17, 2015, Board of Supervisors meeting.
(e) Noticed Public Hearing - Discussion and Possible Adoption of Resolution Approving A_2015-0003 (Lucchetti-Vann) Rescinding a Portion of Agricultural Preserve Contract 722 to be Replaced by Contracts of Like Acreage; Assessor Parcel Numbers 034-230-05 and 034-230-06, Located in the Covelo Area
Recommended Action/Motion: Adopt Resolution approving A_2015-0003 (Lucchetti-Vann) rescinding a portion of Agricultural Preserve Contract 722 to be replaced by contracts of like acreage, Assessor Parcel Numbers 034-230-05 and 034-230-06, finding the request to be consistent with the General Plan and California Government Code Section 51254, and authorize the Chair to sign same.
(f) Discussion and Possible Adoption of Ordinance Amendment OA 2014-0005 Replacing Chapter 22.08 (Resource Preserves), Waive Further Reading of the Ordinance and Concurrent Adoption of a Resolution Updating Policies and Procedures for the Establishment and Management of Agricultural Preserves and Williamson Act Contracts
Recommended Action/Motion: Adopt Ordinance Amendment OA 2014-0005 replacing Chapter 22.08 (Resource Preserves), waive further reading of the Ordinance, and concurrently adopt Resolution updating policies and procedures for the establishment and management of Agricultural Preserves and Williamson Act Contracts, and authorize Chair to sign same.
(g) Noticed Public Hearing - Discussion and Possible Adoption of Resolution Denying the Appeal of the Planning Commission's July 16, 2015, Denial of Administrative Appeal AA_2015-0002, Appealing Planning and Building Services Granting Zoning Clearance to Building Permit BU_2015-0104 (Dollar General)
Recommended Action/Motion: Adopt Resolution to deny the appeal and uphold the Planning Commission’s determination that Planning and Building Services correctly granted a zoning clearance to Building Permit BU 2015-0104, and authorize Chair to sign same.
(h) 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
Recommended Action/Motion: Accept the Mendocino Town LCPA status report and, as necessary, direct Planning and Building Services to respond to Coastal Commission comments regarding the LCPA.
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 Action Including Interview with Applicants and Possible Appointment of Trustee to the Russian River Cemetery District (Sponsor: Supervisor Brown)
Recommended Action/Motion: Appoint one of the applicants to the vacant Trustee position on the Russian River Cemetery District.
(c) Discussion and Direction Clarifying the Board of Supervisors Previous Action Allocating up to $60,000 in Matching Funds to Support a Winter Shelter (Sponsors: Supervisors McCowen and Woodhouse)
Recommended Action/Motion: Direct that up to $60,000 be allocated to support a winter shelter and shall be contingent upon the availability of matching funds from all other sources combined.
Items added to the agenda subsequent to agenda publication, up to 72 hours in advance of the meeting, pursuant to Government Code section 54954.
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, Heather Coffman, Heidi Dunham, Alan Flora, Cherie Johnson, and Donna Williamson; Employee Organization(s): All
(b) Pursuant to Government Code Section 54956.9(a) – Conference with Legal Counsel – Existing Litigation: Animal Legal Defense Fund, et al. v. County of Mendocino. Mendocino County Superior Court Case No. SCUK-CVPT-15-66119
(c) Pursuant to Government Code Section 54956.9(a) – Conference with Legal Counsel – Existing Litigation: Leslie and Richard Berger v. County of Mendocino, et al. Mendocino County Superior Court Case No. SCTM-CVPO-14-63575
(d) Pursuant to Government Code Section 54956.9(a) – Conference with Legal Counsel – Existing Litigation: County of Mendocino vs. Solid Waste Systems, Inc., City of Ukiah, et. al. Mendocino County Superior Court Case No. SCUK-CVG-11-59459
(e) Pursuant to Government Code Section 54956.9(a) – Conference with Legal Counsel – Existing Litigation: Jessica Barrilleaux v. Mendocino County, et al. Mendocino County Superior Court Case No. C14-1373 THE
(f) Pursuant to Government Code Section 54956.9(a) – Conference with Legal Counsel – Existing Litigation: Mark Scaramella v. County Of Mendocino, et al. Mendocino County Superior Court Case No. SCTM-CVG-15-65072
(g) Pursuant to Government Code Section 54956.9(a) – Conference with Legal Counsel – Existing Litigation: Friends of Outlet Creek v. County of Mendocino. Mendocino County Superior Court Case No. SCUK CVPT 15-65618
(h) Pursuant to Government Code Section 54956.9d(2) – Conference with Legal Counsel – Anticipated Litigation: Significant Exposure to Litigation – One Case
(i) Conference with Counsel/Labor negotiator (Government Code section 54957.6)
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) State Water Resources Control Board - Weekly Update Report for the Russian River September 11 - September 17, 2015; for more information, please contact the State Water Resources Control Board.
(b) State Water Resources Control Board - Supplemental Water Quality Report July 22 - August 15, 2015; for more information, please contact John Mendoza via email at John.Mendoza@scwa.ac.gov.
(c) State Water Resources Control Board - Russian River Hydrologic Status Report September 18 - September 24, 2015; for more information, please contact John Mendoza via email at John.Mendoza@scwa.ca.gov.
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:
(b) Claim of Trini Holguin/Jessika Baker
Items Recommended for Approval:
(d) September 8, 2015 Regular Board Meeting
(e) September 9, 2015 Regular Board Meeting
(f) Approval of Recommended Appointments/Reappointments
Recommended Action/Motion: Approve the following appointments/reappointments:
(g) Adoption of Resolution Approving CalPERs Supplemental Income 457 Plan for Mendocino County Employees Beginning in January 2016 (Sponsors: Executive Office/Auditor-Controller)
Recommended Action/Motion: Adopt Resolution approving CalPERs Supplemental Income 457 Plan for Mendocino County employees beginning in January, 2016 and authorize Chair to sign same.
(h) Approval of Agreement with LACO Associates in the Amount of $96,504.50 for Workplan Implementation for Monitoring Well Installations and Subsequent Groundwater Monitoring at the Fort Bragg and Willits Road Yards for the Term of October 12, 2015 to December 31, 2016
Recommended Action/Motion: Approve and authorize the Chair to sign Agreement with LACO Associates in the amount of $96,504.50 for work plan implementation for monitoring well installations and subsequent groundwater monitoring at the Fort Bragg and Willits Road Yards for the term of October 12, 2015 to December 31, 2016.
(i) Approval of an Amendment to Board of Supervisors Agreement No. 14-101 with Douglas L. Losak to Serve as the County of Mendocino Interim County Counsel Extending the Contract Termination Date to October 23, 2015
Recommended Action/Motion: Approve amendment to Board of Supervisors Agreement No. 14-101 with Douglas L. Losak to serve as the County of Mendocino Interim County Counsel thereby extending the contract termination date to October 23, 2015, and authorize Chair to sign same.
HEALTH AND HUMAN SERVICES AGENCY
(j) Approval of Agreement with FEI Systems, Inc. (Columbia, Maryland) in the Amount of $63,300 to Provide Support and Maintain the MendoWITS Software System for Health and Human Services Agency (HHSA) Behavioral Health and Recovery Services (BHRS) Substance Use Disorder Treatment (SUDT) in Fiscal Year 2015-16
Recommended Action/Motion: Approve and authorize the Chair to sign Agreement with FEI Systems, Inc. (Columbia, Maryland) in the amount of $63,300 to provide support and maintain the MendoWITS software system for HHSA BHRS SUDT in Fiscal Year 2015-16; and authorize the Health and Human Services Agency Director to sign any future amendments to the Agreement that do not affect the annual maximum amount.
(k) Approval of Revenue Agreement 15-10432 with California Department of Public Health in the Amount of $104,408 to Provide Immunization Services for Federal Fiscal Years (FFY) 2015-17
Recommended Action/Motion: Approve and authorize the Chair to accept and sign the California Department of Public Health Revenue Agreement 15-10432 in the amount of $104,408 to provide immunization services for Federal Fiscal Years 2015-17; and authorize the Health and Human Services Agency Director to sign any future amendments to the Agreement that do not affect the annual maximum amount.
(l) Approval of the Recommendations Made by the Policy Council on Children and Youth (PCCY) Child Abuse Prevention Commission (CAPC) for the Use of Funds from the County Children's Trust Fund for Fiscal Year 2015-16
Recommended Action/Motion: Approve the recommendations made by the PCCY/CAPC for the use of funds from the County Children’s Trust Fund for Fiscal Year 2015-16.
PLANNING AND BUILDING SERVICES
(m) Distribution of Annual Progress Report of the North Bay-North Coast Broadband Consortium (NBNCBC)
Recommended Action/Motion: Receive the annual progress report of the North Bay-North Coast Broadband Consortium (NBNCBC).
(n) Adoption of Ordinance Amending Title 18 of the County Code to Establish an Expedited Permitting Process for Small Residential Rooftop Solar Energy Systems
Recommended Action/Motion: Adopt Ordinance amending Title 18 of the Mendocino County Code to establish an expedited permitting process for small residential rooftop solar energy systems, and authorize the Chair to sign same.
(o) Approval of Agreement Between Mendocino County Juvenile Hall and Mendocino County Youth Project in the Amount of$53,000 to Provide a Mental Health Clinician for Incarcerated Youth, Funded Through the Supportive and Therapeutic Options Program (STOP) Grant and the Youthful Offender Block Grant (YOBG)
Recommended Action/Motion: Approval of Agreement Between Mendocino County Juvenile Hall and Mendocino County Youth Project in the Amount of $53,000 to Provide a Mental Health Clinician for Incarcerated Youth, Funded through the Supportive and Therapeutic Options Program (STOP) Grand and the Youthful Offender Block Grant (YOBG), and authorize chair to sign same.
(p) Adoption of Resolution Approving Amendment No. 1 to Agreement No.14-016/Department of Transportation (DOT) Agreement No. 140017, Professional Services Agreement with CB&I Environmental & Infrastructure, Inc., in the Amount of $16,059, for Continued Investigation and Monitoring Services at the Covelo Corporation Yard, Former Underground Storage Tank (UST) Site (Round Valley Area)
Recommended Action/Motion: Adopt the Resolution approving Amendment No. 1 to Agreement No. 14-016/DOT Agreement No. 140017, Professional Services Agreement with CB&I Environmental & Infrastructure, Inc., in the amount of $16,059, for continued investigation and monitoring services at the Covelo Corporation Yard, former Underground Storage Tank site, and authorize Chair to sign same.
(q) Adoption of Resolution Approving Department of Transportation (DOT) Agreement No. 150084 (in the amount of $500) with and Accepting the Grant Deed Conveying Real Property from Mendocino Redwood Company, LLC, for the Acquisition of Rights of Way Needed for Construction of Permanent 2011 March Storm Damage Repairs on Mountain View Road, CR 510, M.P. 14.04 (Boonville Area)
Recommended Action/Motion: Adopt the Resolution approving DOT Agreement No. 150084 (in the amount of $500) with and accept the Grant Deed conveying real property from Mendocino Redwood Company, LLC, for acquisition of Rights of Way needed for construction of permanent 2011 March storm damage repairs on Mountain View Road, CR 510, M.P. 14.04, and authorize Chair to sign the same.
(r) Approval of Notice of Completion, Department of Transportation (DOT) Contract No. 140023, 2014 Automated Weather Observation System with Altimeter and Visibility Sensors (AWOS-AV), Security Fencing and Rotating Beacon Project at Little River Airport (Little River Area)
Recommended Action/Motion: Approve the Notice of Completion, DOT Contract No. 140023 2014 automated weather observation system with altimeter and visibility sensors (AWOS-AV), security fencing and rotating beacon project at Little River Airport (Little River area) and authorize Chair to sign same; and further, direct the Clerk of the Board to file the Notice of Completion with the County Recorder.
(s) Adoption of Resolution Approving Amendment No. 3 to Agreement No. 11-056/Department of Transportation (DOT) Agreement No. 110002, Professional Services Agreement with Quincy Engineering, Inc., in the Amount of $306,300, for the Ackerman Creek Bridge Replacement on North State Street (Ukiah Area)
Recommended Action/Motion: Adopt the Resolution approving Amendment No. 3 to Agreement No. 11-056/DOT Agreement No. 110002, Professional Services Agreement with Quincy Engineering, Inc., in the amount of $306,300, for the Ackerman Creek Bridge Replacement on North State Street and authorize Chair to sign same.
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