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

December 13, 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.

9:30 a.m.:    Discussion and Possible Action Regarding Adoption of Proclamation Recognizing the Skunk Train's 100th Anniversary, Connecting Fort Bragg and Willits with Bands of Steel and Friendship (See Item No. 9a)

3:00 p.m.:    Discussion and Possible Action Regarding Receipt of Sealed and/or Oral Bids Pertaining to 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 (Continued from December 6, 2011) (See Item No. 7c)

OPEN SESSION

1.     Open Session                                                                                                      

(a)         Roll Call

(b)         Pledge of Allegiance

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                                                                                

CONSENT CALENDAR

5.   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

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 takes action and/or provides 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 Regarding Approval of Payment of One Invoice from the City of Fort Bragg for Leachate Disposal Fees for the Caspar Landfill, for the Period January 1, 2011, through June 30, 2011 (Fiscal Year 2010/11) (Caspar Area) (Sponsor: Transportation)

Recommended Action/Motion: (1) Approve payment of one invoice for leachate disposal fees to the City of Fort Bragg on behalf of Caspar Landfill and (2) authorize/direct the Director of Transportation to submit the invoice for leachate disposal fees to the Auditor/Controller for payment.

(c)         Discussion and Possible Action Regarding Receipt of Sealed and/or Oral Bids Pertaining to 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 - Continued from December 6, 2011 (Sponsor: General Services Agency)

Recommended Action/Motion: The Board of Supervisors hereby receives sealed 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, and takes action as appropriate.

BOARD OF SUPERVISORS

8.    Board of Supervisors                                                                                

(a)         Supervisors' Reports

MISCELLANEOUS

9.    Miscellaneous                                                                                               

(a)         Discussion and Possible Action Regarding Adoption of Proclamation Recognizing the Skunk Train's 100th Anniversary, Connecting Fort Bragg and Willits with Bands of Steel and Friendship (Sponsors: Supervisors Pinches and Smith)

Recommended Action/Motion: The Board adopts a proclamation recognizing the Skunk Train on its 100th anniversary of connecting Willits and Fort Bragg, authorizing the Chair to sign same.

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)         Pursuant to Government Code Section 54957.6 - Sitting as the IHSS Public Authority Governing Board - 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

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.

CONSENT CALENDAR ITEM DETAIL

 

5.   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:

CLAIMS AGAINST THE COUNTY

(a)         Claims of Scott Merriman (3 total)

Items Recommended for Approval:

ASSESSOR/CLERK-RECORDER

(b)        Approval of Consolidating a Special Municipal Election for the City of Fort Bragg with the April 10, 2012 Election

Recommended Action/Motion: Approve the County Clerk to conduct the City of Fort Bragg's Special Municipal Election scheduled for Tuesday, April 10, 2012.

BOARD OF SUPERVISORS

(c)         Adoption of Proclamation Recognizing Patrick Dale Webb on Achieving the Rank of Eagle Scout in Mendocino County (Supervisors Brown and McCowen)

Recommended Action/Motion: That the Board of Supervisors adopt the proclamation as presented, authorizing the Chair to sign the same.

COUNTY COUNSEL

(d)        Adoption of Resolution Authorizing the County Counsel to Execute Agreements with the State Board of Equalization for Implementation of a Local Transactions and Use Tax

Recommended Action/Motion: Adopt Resolution authorizing the County Counsel to execute agreements with the State Board of Equalization for implementation of a local transactions and use tax; and authorize Chair to sign same.

EXECUTIVE OFFICE

(e)        Approval of Mendocino County Fair and Apple Show's 2012 Budget

Recommended Action/Motion: Approve the Mendocino County Fair and Apple Show 2012 Budget; and authorize the Chair to sign same.

GENERAL SERVICES AGENCY

(f)          Approval of an Amendment to BOS Agreement No. 96-176, Lease Agreement for 631 South Orchard Avenue, Ukiah with Les Ryan to Extend the Term of the Lease on a Month-to-Month Basis

Recommended Action/Motion: The Board of Supervisors approves the Amendment to BOS Agreement No. 96-176, Lease Agreement for 631 South Orchard Avenue, Ukiah with Les Ryan to extend the term of the lease on a month-to-month basis, authorizing the Chair to sign same.

(g)        Award Contract to FRC, Inc. for the Health and Human Services Agency's Construction and Remodel of the Avila Center, 790 S. Franklin Street, Fort Bragg, CA and Authorize the General Services Agency Director to Sign the Contract Upon Receipt of the Bidder's Required Bonds and Certificates of Insurance; and Authorize the Facilities and Fleet Division Manager to Act as Project Manager and Approve Change Orders for the Project, Pursuant to Public Contract Code Section 20142

Recommended Action/Motion: Award contract to FRC, Inc. for the Health and Human Services Agency's Construction and Remodel of the Avila Center, 790 S. Franklin Street, Fort Bragg, CA and Authorize the General Services Agency Director to Sign the Contract Upon Receipt of the Bidder's Required Bonds and Certificates of Insurance; and Authorize the Facilities and Fleet Division Manager to Act as Project Manager and Approve Change Orders for the Project, Pursuant to Public Contract Code Section 20142.

HEALTH AND HUMAN SERVICES AGENCY

(h)        Approval of Appropriation Change to Add $6,800 to the Division of Environmental Health (EH) 2011/2012 Fixed Asset Schedule to Allow for the Purchase of In-Cab Communications Equipment for the Redwood Empire Hazardous Incident Team (REHIT) Emergency Response Truck

Recommended Action/Motion: Approve appropriation change to add $6,800 to the Division of Environmental Health FY 2011-2012 Fixed Asset Schedule to allow for the purchase of in-cab communication equipment for the REHIT emergency response truck

(i)          Approval for Mendocino County Health and Human Services Agency (HHSA), Community Health Services (CHS) to Accept a United States Department of Agriculture Supplemental Nutrition Assistance Program Education (SNAP-Ed) Grant in the Amount of $150,000 for Nutrition Education and Obesity Prevention for Fiscal Year 2011/2012

Recommended Action/Motion: Approve and authorize the HHSA Director to accept the Supplemental Nutrition Assistance Program Education (SNAP-Ed) grant in the amount of $150,000 for fiscal year 2011/2012.

(j)          Approval of Agreement with California Department of Public Health in the Amount of $11,578 to Provide Sexually Transmitted Disease (STD) Prevention Services in Fiscal Years 2011/12 Through 2012/13

Recommended Action/Motion: Approve and authorize the Board Chair to sign agreement with California Department of Public Health in the amount of $11,578 to provide sexually transmitted disease (STD) prevention services in fiscal years 2011/12 through 2012/13; and authorize the HHSA Director to sign any future amendments to the agreement that do not affect the annual maximum amount.

(k)        Approval of Agreement with Mendocino County Special Education Local Plan Agencies in the Amount of $694,000 for Educationally Based Mental Health Services in Fiscal Year 2011-2012

Recommended Action/Motion: Approve and authorize the Board Chair to sign the agreement with Mendocino County Special Education Local Plan Agencies in the amount of $694,000 for educationally based mental health services in fiscal year 2011/12; and authorize the HHSA Director to sign any future amendments to this agreement that do not affect the annual maximum amount.

(l)          Approval of Fourth Amendment to BOS Agreement No. 10-039 with Ford Street Project, Inc. Increasing the Amount by $120,000 to Disburse Financial Assistance to Homeless Prevention and Rapid Re-Housing Program (HPRP) Grant Participants in Fiscal Year 2011/2012

Recommended Action/Motion: Approve and authorize the Board Chair to sign fourth amendment to BOS Agreement No. 10-039 with Ford Street Project, Inc. increasing amount by $120,000, to disburse financial assistance to Homeless Prevention and Rapid Re-Housing Program (HPRP) Grant Participants 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.

MENDOCINO COUNTY EMPLOYEES' RETIREMENT ASSOCIATION

(m)      Adoption of Corrected Employer and Employee Retirement Contribution Rates for Fiscal Year 2011/12, Effective January 8, 2012

Recommended Action/Motion: Adopt the "After Correction" Basic Rates for the employer contained on page 3 of the Segal report, and the General, Probation and Safety member Basic Rates contained in tables 10 through 12 of the Segal Report.  Cost of Living (COL) Rates are unchanged.

PLANNING AND BUILDING SERVICES

(n)        Adoption of Ordinance Rezoning a 2+/- Acre Parcel in the Philo Community From I-1 (Limited Industrial) to C-2 (General Commercial) (AP# 046-080-14)

Recommended Action/Motion: The Board of Supervisors makes the Environmental and General Plan findings contained within the Planning Commission's motion and Staff Report and adopts a Negative Declaration; also adopting Ordinance approving the rezoning of Assessor's Parcel Number 046-080-14 from I-1 to C-2.

(o)        Approval of Extension of Time of Pending Building Permits for the RCHDC Lakewood Homes Self-Help Subdivision Project

Recommended Action/Motion: The Board of Supervisors concurs with staff's recommendation and grants a two-year extension of time for the issuance of 40 building permits for the RCHDC Lakewood Homes Subdivision by December 31, 2013 so long as these units are to remain as affordable units, prior to the new code cycle becoming effective, further finding special circumstances associated with an affordable housing project that has public benefit.

TRANSPORTATION

(p)        Adoption of Resolution Approving and Executing Department of Transportation Agreement No. 110113, Amendment No. 1 to Department of Transportation Agreement No. 100086, Brooktrails Second Access - Preliminary Engineering, Phase 1 (Brooktrails Area)

Recommended Action/Motion: By Resolution, approve DOT Agreement No. 110113, Amendment No. 1 to DOT Agreement No. 100086, and authorize/direct the Board Chair to execute said Agreement on behalf of Mendocino County.

(q)        Adoption of Resolution Authorizing Submittal of Application(s) for All CalRecycle Grants for Which Mendocino County is Eligible (County-wide)

Recommended Action/Motion: By Resolution, (1) authorize MCDOT to apply for CalRecycle grants, and (2) allow the Director of Transportation the authority to submit the required applications, agreements and amendments (as mentioned above) for up to (5) five years.

(r)         Approval of Request to have Caltrans Conduct a Speed Zone Study on State Route 1 Between Approximately Post Mile (PM) 59 to PM 59.5, and Approve Correspondence to State Organizations and Government Officials to that Effect (Fort Bragg Area)

Recommended Action/Motion: By Minute Order, request Caltrans to conduct a Speed Zone Study on State Route 1 between approximately Post Mile (PM) 59 to PM 59.5 and the sending of a joint letter to Caltrans concerning the proposed request.  Authorize and direct the Chair to sign appropriate correspondence.

Board of Supervisors Concurrent Boards

           

           

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.

 

MENDOCINO COUNTY AIR QUALITY MANAGEMENT DISTRICT.

Mendocino County Air Quality Management District

(s)         Approval of the Air Quality Management District's Participation in the Carl Moyer Program for Fiscal Year 2011/2012 (Year 14)

Recommended Action/Motion: Approve the District's participation in the Carl Moyer Program for fiscal year 2011/2012 (Year 14) and approve the Air Pollution Control Officer's submittal of the application to the California Air Resources Board including the request for waiver of matching funds for that application and request the Clerk of the Board to provide a Minute Order to the District of the Board's decision.

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