Carre Brown

1st District Supervisor

John McCowen

2nd District Supervisor

Vice-Chair

John Pinches

3rd District Supervisor

Kendall Smith

4th District Supervisor

Chair

DAN HAMBURG

5th District Supervisor

 

 

 

 

CARMEL J. ANGELO

Chief Executive Officer/

Clerk of the Board

 

 

 

 

Jeanine b. nadel

County Counsel

 

 

 

 

county administration center

501 Low Gap Road, Room 1010

Ukiah, CA  95482

(707) 463-4441

Fax (707) 463-5649

cob@co.mendocino.ca.us

 

 

 

Mendocino County Board of Supervisors

 

Agenda

 

Regular Meeting

October 18, 2011 – 9:00 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 turned off upon entering the Board Chambers.

 

TIMED ITEMS

 

      Timed Items                                                                                                       

        Please note that all times provided are considered approximate.

10:00 a.m.:  Informational Update on the Marine Life Protection Act Initiative (MLPAI) for the North Coast Study Region; Current Implications and Proposed Actions for Mendocino County (See Item No. 8b)

10:30 a.m.:  Presentation of the Efficiency Audit of Mendocino County Sheriff's Office Prepared by Harris and Harris Enterprises; and Possible Action Regarding the March 2011 Board Ad-Hoc Committee Referral (See Item No. 8c)

1:30 p.m.:    Noticed Public Hearing - Planning Appeal regarding Coastal Development Re-Subdivision No. CDRes 1-2006 and Coastal Development Use Permit Modification No. CDUM 118-75/2008 (See Item No. 7b)  Cancelled (to be rescheduled)

OPEN SESSION

1.     Open Session                                                                                                      

MODIFICATIONS TO AGENDA

2.   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.

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.

APPROVAL OF MINUTES

4.    Approval of Minutes                                                                                

(a)         September 27, 2011, Board Meeting

Recommended Action/Motion: That the Board of Supervisors approve the minutes of September 27, 2011.

(b)         October 4, 2011, Board Meeting

Recommended Action/Motion: That the Board of Supervisors approve the minutes of October 4, 2011.

(c)         October 11, 2011, Special Session

Recommended Action/Motion: That the Board of Supervisors approve the minutes of October 11, 2011.

CONSENT CALENDAR

5.   Consent Calendar  Item Detail                                                    

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:

CLAIMS AGAINST THE COUNTY

(a)         Claim of David Onstad

(b)         Claim of Macey Nelepovitz

Items Recommended for Approval:

BOARD OF SUPERVISORS

(c)         Adoption of Proclamation in Recognition of Domestic Violence Awareness Month, October 2011

Recommended Action/Motion: Adopt Proclamation in Recognition of Domestic Violence Awareness Month, October 2011, and authorize Chair to sign same.

GENERAL SERVICES AGENCY

(d)         Adoption of Resolution Declaring Surplus and Authorizing the Acceptance of Oral Bids and/or Sealed Bids For the Sale of Real Property, Generally Described as APNs:  048-230-10-00, 095-100-14-00, 118-500-45-00, 156-040-04-00, and 167-320-18-00

Recommended Action/Motion: The Board of Supervisors adopts the Resolutions Declaring Surplus and Authorizing the Acceptance of Sealed Bids and/or Oral Bids For the Sale of Real Property, Generally Described as APNs:  048-230-10-00, 095-100-14-00, 118-500-45-00, 156-040-04-00, and 167-320-18-00, authorizing the Chair to sign same.

HEALTH AND HUMAN SERVICES AGENCY

(e)         Approval of Agreement with Children & Family Futures (Irvine, CA) in the Amount of $60,000 to Provide Comprehensive Evaluation of the Mendocino County Dependency Drug Court Grant as Outlined and Provided for in the Grant in FY 2011/2012

Recommended Action/Motion: Approve and authorize the Board Chair to sign agreement with  Children & Family Futures in the amount of $60,000 to provide comprehensive evaluation of the Mendocino County Dependency Drug Court Grant as outlined and provided for in the Grant in fiscal year 2011/2012; and authorize the HHSA Director to sign any future amendments to the agreement that do not affect the annual maximum amount.

(f)          Approval of Agreement with Mendocino County Planning and Building in the Amount of $97,616 to develop a Sustainable Land Use Code and Storm Water Ordinance in Fiscal Year 2011-2012

Recommended Action/Motion: Approve and authorize the Board Chair to sign agreement with Mendocino County Planning and Building in the amount of $97,616 to develop a Sustainable Land Use Code and Storm Water Ordinance in fiscal year 2011-2012; and authorize the HHSA Director to sign any future amendments to the agreement that do not affect the annual maximum amount.

(g)         Approval of Amendment with Ford Street Project to Extend Staffing Hours for the Homelessness Prevention and Rapid Re-Housing Program Grant by Two Months and Add $16,500

Recommended Action/Motion: Approve and authorize the Board Chair to sign amendment with Ford Street Project to extend staffing hours for the Homelessness Prevention and Rapid Re-Housing Program Grant by two months and add $16,500; and authorize the HHSA Director to sign any future amendments to the agreement that do not affect the annual maximum amount.

(h)         Approval of Amendment with Ukiah Community Center to Extend Staffing Hours for the Homelessness Prevention and Rapid Re-Housing Program Grant by One Month and Add $6,000

Recommended Action/Motion: Approve and authorize the Board Chair to sign amendment with Ukiah Community Center to extend staffing hours for the Homelessness Prevention and Rapid Re-Housing Program Grant by one month and add $6,000; and authorize the HHSA Director to sign any future amendments to the agreement that do not affect the annual maximum amount.

HUMAN RESOURCES

(i)           Adoption of Resolution Approving Memorandum of Understanding Between the County of Mendocino and the Teamsters Local 856 Representing Mendocino County Probation Employees Association for the Term of March 15, 2011, through June 30, 2012

Recommended Action/Motion: It is recommended that the Mendocino County Board of Supervisors adopt the resolution and approve the Memorandum of Understanding between the County of Mendocino and the Teamsters Local 856 for the term of March 15, 2011, through June 30, 2012.

PLANNING AND BUILDING SERVICES

(j)           Authorization of the issuance of Coastal Development Permit #CDP 4-2011 (Boward)

Recommended Action/Motion: That the Board of Supervisors authorizes the issuance of Coastal Development Permit # CDP 4-2011 (Boward).

TRANSPORTATION

(k)         Adoption of Resolution Authorizing Department of Transportation Advertisement for Bids and Award of a Contract to Perform Repairs to a Portion of the Southerly Capping Fill of the Laytonville Landfill (Laytonville Area)

Recommended Action/Motion: By Resolution, authorize/direct the Director of Transportation to advertise for construction bids and award a Department of Transportation contract to perform repairs to a portion of the southerly capping fill of the Laytonville Landfill.

(l)           Adoption of Resolution Authorizing Award of Department of Transportation Agreement No. 110062, Professional Services Agreement with Taber Consultants for Geotechnical Services for Various 2011 Storm Damage Projects (County-wide)

Recommended Action/Motion: By Resolution, approve the proposed Agreement with Taber Consultants and authorize and direct Board Chair to execute DOT Agreement No. 110062 on behalf of Mendocino County.

COUNTY EXECUTIVE OFFICE

6.   County Executive Office                                                                   

(a)         Chief Executive Officer's Report

Recommended Action/Motion: That the Board of Supervisors 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: That the Board of Supervisors provide direction to staff regarding matters of legislation.

DEPARTMENTAL MATTERS AND REPORTS

7.    Departmental Matters and Reports                                      

(a)         Director's Report - Department of Transportation

Recommended Action/Motion: That the Board of Supervisors accept the report of the Transportation Director.

(b)         Discussion and Possible Action on Appeal of the Planning Commission's Decision to Deny Coastal Development Re-Subdivision # CDRes 1-2006, Deny a Request for an Exception to Roadway Access Width and Roadway Easement Width Required Under Section 17-48.5(A)(1)(e)(i) of the Mendocino County Code (Division of Land Regulations) and Deny Coastal Development Use Permit Modification # CDUM 118-75/2008 Cancelled (to be rescheduled)

BOARD OF SUPERVISORS

8.    Board of Supervisors                                                                                

(a)         Supervisors' Reports

(b)         Informational Update on the Marine Life Protection Act Initiative (MLPAI) for the North Coast Study Region; Current Implications and Proposed Actions for Mendocino County (Sponsors: Supervisors Smith and Hamburg)

Recommended Action/Motion: The Board receive the update on the MLPAI for the North Coast Study Region; endorse a tri-county letter regarding MLPA North Coast CEQA and authorize the Chair to sign the same; and establish regular updates on the MLPAI to the Board, either through an ad-hoc oceans committee or by the inclusion of quarterly updates as a routine agenda item.

(c)         Presentation of the Efficiency Audit of Mendocino County Sheriff's Office Prepared by Harris and Harris Enterprises; and Possible Action Regarding the March 2011 Board Ad-Hoc Committee Referral (Sponsors: Supervisors McCowen and Smith)

Recommended Action/Motion: That the Board of Supervisors accepts the presentation by Harris and Harris Enterprises; and further directs that the March 2011 Ad-Hoc Committee referral has been concluded thereby disbanding the committee.

MISCELLANEOUS

9.    Miscellaneous                                                                                               

BOARD OF DIRECTORS MATTERS

10.  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 Library District; Mendocino County Public Facilities Corporation; Mendocino County Water Agency; and the Redevelopment Agency of the County of Mendocino.          

APPOINTMENTS TO BOARDS AND COMMISSIONS

11.   Appointments to Boards and Commissions                       

The Board of Supervisors is actively seeking qualified candidates to fill various vacancies. Please consult with the Executive Office for information on specific categorical areas and District vacancies, or visit our website at:  www.co.mendocino.ca.us/bos

CLOSED SESSION

12.   Closed Session                                                                                                

Notice to the public regarding closed session:  As provided in the Ralph M. Brown Act, Government Code sections 54950 et seq., the Board of Supervisors may meet in closed session with members of its staff, County employees, and its attorneys.  These sessions are not open to the public and may not be attended by members of the public.  The matters the Board will meet on in closed session are identified below or are those matters appropriately identified in open session as requiring immediate attention and arising after the posting of the agenda.  Any public reports of action taken in the closed session will be made in accordance with Government Code sections 54957.1.

(a)         Sitting as the IHSS Public Authority Governing Board: Pursuant to Government Code Section 54957.6 - Conference with Labor Negotiator - Agency Negotiators:  Carmel J. Angelo, Pat Meek, Stacey Cryer, and MaryLou Leonard; Employee Organization(s):  IHSS Providers

(b)         Pursuant to Government Code Section 54957.6 - Conference with Labor Negotiator - Agency Negotiators: Carmel J. Angelo, Pat Meek, and Rick Haeg; Employee Organization(s):  All

(c)         Pursuant to Government Code Section 54956.9c - Conference with Legal Counsel - Initiation of Litigation:  One Case (Western Surety)

WORKSHOP/BUDGET/PLANNING MATTERS

13.  Workshop/budget/planning matters                                                  

COMMUNICATIONS RECEIVED AND FILED

14.  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 of California Fish and Game Commission: Notice of proposed regulatory action relating to Oroville-Thermalito Complex Regulations for take of non-idigenous Coho salmon; Oral or written statements on all options relevant to this action may be presented at a hearing to be held at the Beach Resort Monterey, 2600 Sand Dunes Drive, Monterey, CA, on Thursday, October 20, 2011, at 8:30 a.m., or as soon thereafter as the matter may be heard; The same applies to a hearing to be held at the Veteran's Memorial Building, 112 West Cabrillo Boulevard, Santa Barbara, CA, on Thursday, November, 17, 2011, at 8:30 a.m., or as soon thereafter as the matter may be heard; Written comments mailed, faxed, or emailed to the Commission office must be received before 5:00 p.m. on November 14, 2011; All comments must be received no later than November 17, 2011, at the hearing in Santa Barbara, CA; Faxes may be sent to (916) 653-5040, emails to FGC@fgc.ca.gov, and mail to 1416 Ninth St., Box 944209, Sacramento, CA 94244-2090

(b)         State of California Fish and Game Commission: Notice of changes to the originally proposed regulatory language regarding south coast marine protection areas; A 15-day written comment period will be open from October 3 - 18, 2011; Comments will also be accepted at the October 19, 2011, hearing to be held in the Beach Resort, 2600 Sand Dunes Drive, Monterey, CA, at 10:00 a.m., or as soon thereafter as the matter may be heard; Written comments may be submitted via fax to (916) 653-5040, via email to FGC@fgc.ca.gov; or via mail to the Fish and Game Commission, 1416 Ninth St., Box 944209, Sacramento, CA 94244-2090

(c)         Protest of Non-Renewal of Agriculture Preserve Contract -  Owners: Dean and Suzanne Carrell

(d)         Protest of Non-Renewal of Agriculture Preserve Contract -  Owner: Sally Sullivan

(e)         U.S. Fish and Wildlife Service: Notice of Revision of Marbled Murrelet Critical Habitat; The final rule, maps, and descriptions of the areas proposed for critical habitat can be found at www.fws.gov/wafwo/mamu.html

Additional Meeting Information

 

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 at (707) 357-0624

·         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