Carre Brown

1st District Supervisor

John McCowen

2nd District Supervisor

Chair

John Pinches

3rd District Supervisor

Kendall Smith

4th District Supervisor

DAN HAMBURG

5th District Supervisor

Vice-Chair

 

 

 

 

CARMEL J. ANGELO

Chief Executive Officer/

Clerk of the Board

 

 

 

 

Douglas L. Losak

Interim 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

July 10, 2012 – 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 silenced upon entering the Board Chambers.

 

 

 

 

TIMED ITEMS

 

      Timed Items                                                                                                                                                                       

        Please note that all times provided are considered approximate.

10:00 a.m.:  Informational Presentation by Mr. Marc Armstrong of the Public Banking Institute (PBI), and Possible Direction Regarding a Future Board Workshop (See Item No. 6b)

1:30 p.m.:    Presentation of the Mendocino County Mental Health Board's Annual Report for Fiscal Year 2011/12 (See Item No. 5c)

2:00 p.m.:    Presentation and Direction to Staff Regarding AB 1421, Laura's Law (See Item No. 5d)

OPEN SESSION

1.     Open Session                                                                                                                                                                      

(a)         Roll Call

(b)         Pledge of Allegiance

PROCLAMATIONS

2.    Proclamations                                                                                                                                                              

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

(a)         Adoption of Proclamation Honoring and Commending Humboldt County First District Supervisor Jimmy Smith for His Dedication and Service to the People of Humboldt County and the North Coast Region - Sponsors: Supervisor Smith and McCowen

(b)        Adoption of Proclamation Recognizing Testa Vineyards, Their Legacy and Heritage of Continuing a Family Vineyard for a Century in Mendocino County - Sponsor: Supervisor Brown

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

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

HEALTH AND HUMAN SERVICES AGENCY

(c)         Presentation of the Mendocino County Mental Health Board's Annual Report for Fiscal Year 2011/12

Recommended Action/Motion: Accept presentation of the Mendocino County Mental Health Board's annual report for fiscal year 2011/12.

(d)        Presentation and Direction to Staff Regarding AB 1421, Laura's Law - Sponsoring Departments: Health and Human Services Agency and Public Defender

Recommended Action/Motion: Accept presentation regarding AB 1421, Laura's Law, and provide direction to staff.

TRANSPORTATION

(e)        Director's Report

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

BOARD OF SUPERVISORS AND MISCELLANEOUS

6.    Board of Supervisors And Miscellaneous                                                                                            

(a)         Supervisors' Reports

(b)        Informational Presentation by Mr. Marc Armstrong of the Public Banking Institute (PBI), and Possible Direction Regarding a Future Board Workshop - Sponsors: Supervisors Hamburg and McCowen

Recommended Action/Motion: Receive presentation by Mr. Marc Armstrong of the Public Banking Institute, and determine a date for a Board workshop on local economic development in which public banking and other opportunities will be explored in conjunction with the Mendocino County Board of Retirement, the Economic Development and Financing Corporation, and other interested groups and individuals.

BOARD OF DIRECTORS MATTERS

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 Library District; Mendocino County Public Facilities Corporation; Mendocino County Water Agency; and the Board of Supervisors Acting as the Governing Board of the Successor Agency for the Redevelopment Agency of the County of Mendocino.           

MODIFICATIONS TO AGENDA

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.

CLOSED SESSION

9.    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 - Conference with Labor Negotiator - Agency Negotiators: Carmel J. Angelo, Pat Meek, and Rick Haeg; Employee Organization(s):  MCPAA and MCPEA

(b)        Pursuant to Government Code Section 54957 - Public Employee Appointment - Interim County Librarian/Library Director

(c)         Pursuant to Government Code Section 54957 - Public Employee Performance Evaluation - Interim County Counsel

COMMUNICATIONS RECEIVED AND FILED

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)         United States Fish and Wildlife Service - Notice of designation of critical habitat for the Pacific Coast population of the western snowy plover; for additional information, please contact the U.S. Fish and Wildlife Service, Arcata Fish and Wildlife Office, (707) 822-7201, or visit www.fws.gov/arcata/.

(b)         State of California Air Resources Board - Notice of public availability of modified text for the AB 32 Cost of Implementation Fee Regulation; for additional information, please visit www.arb.ca.gov/regact/2011/feereg11/feereg11.htm.

(c)         State of California Board of Forestry and Fire Protection - Notice of readoption of emergency regulations to implement "State Responsibility Area Fees" and findings pursuant to Government Code Section 11346.1(b); for additional information, please contact the Office of Administrative Law (OAL), at staff@oal.ca.gov, or George Gentry, Executive Officer, California Board of Forestry and Fire Protection, at board.public.comments@fire.ca.gov.

(d)         State of California Fish and Game Commission - Notice of proposed regulatory action relative to Section 300, Title 14, California Code of Regulations, relating to upland game hunting; for additional information, please contact Dr. Eric Loft, Chief, Wildlife Branch, Department of Fish and Game, (916) 445-3555, or visit www.fgc.ca.gov.

CONSENT CALENDAR ITEM DETAIL

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)         Claims of Scott Merriman (x2)

Items Recommended for Approval:

MINUTES

(b)        Minutes of the June 11, 2012, Regular Board Meeting

(c)         Minutes of the June 12, 2012, Regular Board Meeting

(d)        Minutes of the June 18, 2012, Regular Board Meeting

(e)        Minutes of the June 19, 2012, Regular Board Meeting

APPOINTMENTS

(f)          Approval of Recommended Appointments/Reappointments

Recommended Action/Motion: The Board of Supervisors approve the following appointments/reappointments:

Board or Commission

Appointee

Category

Cemetery District of Westport-Ten Mile

James M. Sundstrom

Director

Community Development Commission

Jeffrey T. Warner

4th District Representative

Developmental Disabilities Board – Area 1

Barbara Auerback

General Member

Developmental Disabilities Board – Area 1

Vickie Buzzard

General Member

First 5 Mendocino

Bryan Lowery

County Representative

In-Home Supportive Services (IHSS) Advisory Committee

Sheila Gray

Current of Former IHSS Recipient Representative

ASSESSOR/CLERK-RECORDER

(g)        Approval of the Certification of the June 5, 2012, Presidential Primary Election

Recommended Action/Motion: Approve the Certification for the June 5, 2012, Presidential Primary Election.

AUDITOR-CONTROLLER

(h)        Adoption of Resolutions Establishing Gann Limit Appropriations for Fiscal Year 2011/12

Recommended Action/Motion: Adopt the two resolutions establishing the Proposition 4 Gann Spending Limit for fiscal year 2011/12, and authorize chair to sign same.

COUNTY COUNSEL

(i)          Adoption of Resolution Staggering the Appointment Terms for Westport Municipal Advisory Council (WMAC) Directors

Recommended Action/Motion: That the Board adopt this Resolution staggering the terms of the WMAC Members.

(j)          Approval of Automobile Allowance for Interim County Counsel Position

Recommended Action/Motion: Approve automobile allowance for Interim County Counsel position; distribute approved paperwork to County Counsel, Human Resources, and Auditor.

(k)        Authorization to Transmit Letter Suspending Rescission of Abandoned Vehicle Abatement (AVA) Program Pending Result of Election

Recommended Action/Motion: Authorize Staff to Transmit Letter Suspending Rescission of Abandoned Vehicle Abatement (AVA) Program Pending Result of Election.

DISTRICT ATTORNEY

(l)          Approval of the Purchase of a HP Color LaserJet Printer Prior to the Adoption of the Final Budget; Approval of a Budget Transfer in the Amount of $2,862.87; and Approval of Adding the Printer to the County Approved List of Fixed Assets

Recommended Action/Motion: Approve the purchase of a HP Color LaserJet printer prior to the adoption of the Final Budget; approve a budget transfer in the amount of $2,862.87; and approve the addition of the printer to the County Approved List of Fixed Assets.

EXECUTIVE OFFICE

(m)      Approval of Modifications to the Board of Supervisors 2012 Master Meeting Schedule, Canceling Two Board of Supervisors Meeting Dates

Recommended Action/Motion: That the Board of Supervisors approve the modifications to the 2012 Master Meeting Schedule, removing two regular Board meetings as follows:  Monday, July 23, and Monday, November 26, further directing staff to revise and redistribute the amended schedule.

HEALTH AND HUMAN SERVICES AGENCY

(n)        Adoption of Resolution and Approval of Agreement with Employment Development Department for Job Development Services for CalWORKs Participants in the Amount of $53,826 for Fiscal Year 2011/2012

Recommended Action/Motion: Approve and authorize the Board Chair to sign agreement with Employment Development Department for job development services for CalWORKs participants in the amount of $53,826; adopt Resolution to accompany approved agreement; and authorize the HHSA Director to sign any future amendments to the agreement that do not increase the annual maximum amount.

(o)        Approval of Agreement with Mendocino County AIDS Volunteer Network (MCAVN) in the Amount of $57,193 to Provide Case Management, Assistance with Food and Transportation for People Living with HIV/AIDS in Mendocino County in Fiscal Year 2012/2013

Recommended Action/Motion: Approve and authorize the Board Chair to sign agreement with Mendocino County AIDS Volunteer Network (MCVAN) in the amount of $57,193 to provide case management, assistance with food and transportation for people living with HIV/AIDS in Mendocino County in fiscal year 2012/13; and authorize the HHSA Director to sign any future amendments to the agreement that do not increase the annual maximum amount.

(p)        Approval of Agreement with Milhous Children's Services (Nevada City, CA) in the Amount of $100,000 to Provide Specialty Mental Health Services to Children in Level 14 Placement for Fiscal Year 2012/2013

Recommended Action/Motion: Approve and authorize the Board Chair to sign agreement with Milhous Children's Services in the amount of $100,000 to provide specialty Mental Health Services to children in level 14 placement for fiscal year 2012/2013; and authorize the Health and Human Services Agency Director to sign any future amendments to the agreement that do not increase the annual maximum amount.

(q)        Approval of Agreement with North Valley Behavioral Health (Yuba City, CA) in the Amount of $500,000 to Provide Specialty Inpatient Mental Health Services in Fiscal Year 2012/2013

Recommended Action/Motion: Approve and authorize the Board Chair to sign agreement with North Valley Behavioral Health in the amount of $500,000 to provide specialty inpatient mental health services in fiscal year 2012/2013; and authorize the Health and Human Service Agency Director to sign any future amendments to the agreement that do not increase the annual maximum amount.

(r)         Approval of Agreement with Summitview Child and Family Services (Diamond Springs, CA) in the Amount of $130,000 to Provide Specialty Mental Health Services to Children in Level 14 Placement for Fiscal Year 2012/2013

Recommended Action/Motion: Approve and authorize the Board Chair to sign agreement with Summitview Child and Family Services in the amount of $130,000 to provide specialty Mental Health services to children in level 14 placement for fiscal year 2012/2013; and authorize the Health and Human Services Agency Director to sign any future amendments to the agreement that do not increase the maximum allowable amount.

(s)         Approval of Agreement with the Mendocino Private Industry Council, Inc., (MPIC) in the Amount of $825,696 to Provide Employment and Training Services to Adults, Dislocated Workers, Youth and Businesses from July 1, 2012, through June 30, 2013; Services are to be Performed Per the Workforce Investment Act (WIA) on Behalf of the Workforce Investment Board (WIB)

Recommended Action/Motion: Approve and authorize the Board Chair to sign agreement with the Mendocino Private Industry Council, Inc., (MPIC) in the amount of $825,696 to provide employment and training services to adults, dislocated workers, youth and businesses from July 1, 2012, through June 30, 2013; services are to be performed per the Workforce Investment Act (WIA) on behalf of the Workforce Investment Board (WIB); and authorize the HHSA Director to sign any future amendments to the agreement that do not increase the annual maximum amount.

(t)          Approval of Agreement with Victor Treatment Centers (Chico, CA) in the Amount of $300,000 for Mental Health Treatment to Children for Fiscal Year 2012/2013

Recommended Action/Motion: Approve and authorize the Board Chair to sign agreement with Victor Treatment Centers in the amount of $300,000 for Mental Health Treatment to Children for fiscal year 2012/2013; and authorize the Health and Human Service Agency Director to sign any future amendments to the agreement that do not increase the annual maximum amount.

(u)        Approval of Agreement with Willow Glen Care Center (Yuba City, CA) in the Amount of $250,000 to Provide Residential Care Services to Adults with Mental Illness for Fiscal Year 2012/2013

Recommended Action/Motion: Approve and authorize the Board Chair to sign agreement with Willow Glen Care Center in the amount of $250,000 to provide residential care services to adults with mental illness in fiscal year 2012/2013; and authorize the Health and Human Service Agency Director to sign any future amendments to the agreement that do not increase the annual maximum amount.

(v)        Approval of Amendment to Agreement SS-S11-058 with Drug Abuse Alternatives Center (DAAC) Increasing the Agreement Amount by $20,000 for a New Total Agreement Amount of $58,000 to Provide Residential Substance Abuse Treatment for the Mendocino County Family Dependency Drug Court Grant as Outlined and Provided for in the Grant in Fiscal Year 2011/2012

Recommended Action/Motion: Approve and authorize the Board Chair to sign amendment to agreement  SS-S11-058 with Drug Abuse Alternatives Center (DAAC) by $20,000 for a new total agreement amount of $58,000 to provide residential substance abuse treatment for the Mendocino County Family Dependency Drug Court Grant as outlined and provided for in the Grant in fiscal year 2011/2012, for Health & Human Services Agency Children and Family System of Care; and authorize the HHSA Director to sign any future amendments to the agreement that do not increase the annual maximum amount.

(w)       Approval of Amendment to BOS Agreement No. 11-133 with Summitview Child and Family Services (Diamond Springs, CA) Increasing Agreement Amount by $25,000 for a New Total Agreement Amount of $125,000 to Provide Mental Health Treatment to Children of Mendocino County in Fiscal Year 2011/2012

Recommended Action/Motion: Approve and authorize the Board Chair to sign amendment to BOS Agreement No. 11-133 with Summitview Child and Family Services increasing agreement amount by $25,000 for a new total agreement amount of $125,000 to provide mental health treatment to children of Mendocino County in fiscal year 2011/2012; and authorize the HHSA Director to sign any future amendments to the agreement that do not increase the maximum amount.

(x)        Approval of Amendment to BOS Agreement No. 12-026 with North Coast Opportunities Increasing the Agreement Amount by $1,936 for a New Total Agreement Amount of $63,023 to Provide Nutrition Education Services for CalFresh Eligible Individuals in Federal Fiscal Year 2011/2012

Recommended Action/Motion: Approve and authorize the Board Chair to sign the amendment to BOS Agreement No. 12-026 with North Coast Opportunities increasing the agreement amount by $1,936 for a new total agreement amount of $63,023 to provide nutrition education services for CalFresh eligible individuals in Federal fiscal year 2011/2012; and authorize the HHSA Director to sign any future amendments to the agreement that do not increase the annual maximum amount.

(y)         Approval of Personal Services Agreement with Mark Cerri, Ph.D., in the Amount of $58,500 to Provide Psychiatric Services in Fiscal Year 2012/2013

Recommended Action/Motion: Approve and authorize the Board Chair to sign personal services agreement with Mark Cerri, Ph.D., in the amount of $58,500 to provide psychiatric services in fiscal year 2012/2013; and authorize the Health and Human Services Agency Director to sign any future amendments to the agreement that do not increase the annual maximum amount.

HUMAN RESOURCES

(z)         Approval of Amendment of Agreement with HealthyRoads, Inc. to Provide Wellness and Prevention Program Services in Conjunction with the County's Wellness Program Effective July 1, 2012

Recommended Action/Motion: 1) Authorize Amendment of Agreement with HealthyRoads, Inc. effective July 1, 2012;  2)  Authorize the Human Resources Director to approve future amendments to HealthyRoads Agreement that do not exceed an annual 5% increase over the existing Agreement amount of $137,475 or an amount not to exceed $144,349.

(aa)     Approval of Amendment to Board of Supervisors Agreement No. 10-011 with Nickolaus and Haeg, LLC, for Labor Consulting Services

Recommended Action/Motion: Approve Amendment to Board of Supervisors Agreement No. 10-011 with Nickolaus and Haeg, LLC, for Labor Consulting Services

(bb)    Authorization to Terminate National Association of Counties (NACo) Prescription Discount Card Program and Authorize the Health and Human Services Agency (HHSA) to Begin Implementation Process of the Coast2Coast Prescription Drug Discount Program through California State Association of Counties (CSAC) - Sponsoring Departments: Human Resources and Health and Human Services Agency

Recommended Action/Motion: 1)  Authorize the termination of the NACo Prescription Discount Card Program Agreement effective July 31, 2012;  2) Transition the management and oversight of the Prescription Drug Discount Program from Human Resources to HHSA; 3) Authorize HHSA to begin implementation process for the Coast2Coast Prescription Drug Discount Program through CSAC.

PLANNING AND BUILDING SERVICES

(cc)     Authorization of the Issuance of Coastal Development Permit No. CDP 19-2011 (Beasley)

Recommended Action/Motion: That the Board of Supervisors authorizes the issuance of Coastal Development Permit No. CDP 19-2011.

SHERIFF-CORONER

(dd)    Adoption of Resolution Authorizing the Destruction of Obsolete Personnel Records, Background Files and Citizen Complaint Files of the Office of the Sheriff-Coroner

Recommended Action/Motion: Adopt Resolution authorizing the destruction of obsolete internal investigation files of the Office of the Sheriff-Coroner and authorize Chair to sign same.

(ee)    Ratification of Grant Submitted by the Mendocino County Sheriff's Office to the State of California Department of Alcoholic Beverage Control for the Purposes of Suppressing Alcohol Related Crimes; Authorization of Acceptance of the Awarded Amount of $25,000; and Adoption of Resolution Authorizing the Mendocino County Sheriff's Office to Execute the Grant Contract

Recommended Action/Motion: Ratify the grant submitted by the Mendocino County Sheriff's Office to the State of California Department of Alcoholic Beverage Control;  adopt the Resolution authorizing the Mendocino County Sheriff's Office to accept and execute a contract in the awarded amount of $25,000; authorize the Chair to sign said Resolution; authorize Sheriff to sign any subsequent agreements, amendments, and/or other required documentation; and approve the designation of Sheriff Allman as the County's authorized agent for this grant.

SOLID WASTE

(ff)        Adoption of an Ordinance Amending Chapter 8.200 to Title 8 of Mendocino County Code, Graffiti Suppression

Recommended Action/Motion: Adopt an Ordinance amending Code County Chapter 8.200 of Title 8, Graffiti Suppression.

TRANSPORTATION

(gg)    Adoption of Resolution Approving Department of Transportation Agreement No. 110123, Professional Services Agreement with Willdan Engineering, for the Replacement of the Mattole River Bridge on Briceland Road (CR 435) at M.P. 0.63 (Whale Gulch Area)

Recommended Action/Motion: By Resolution, approve Department of Transportation Agreement No. 110123, authorize Board Chair to execute the Agreement, and authorize the Director of Transportation or his designated representative to sign any and all amendments to the agreement that will not result in an increased cost beyond the amount specified.

TREASURER-TAX COLLECTOR

(hh)    Approval of application for Reggae on the River at Cooks Valley Campground being held July 20th, 21st & 22nd, 2012

Recommended Action/Motion: Approve application for Reggae on the River at Cooks Valley campground.

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