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

 

 

 

 

Thomas R. Parker

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 11, 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.

10:30 a.m.:    Discussion and Possible Action Regarding Implementation of a New Retirement Tier(s) Including Adoption of a Resolution Adopting a New Retirement Tier(s) for Mendocino County (See Item No. 5c)

1:30 p.m.:      Noticed Public Hearing Regarding Re-Implementation of AB 1265 to Establish Shorter Williamson Act Contracts, Effective in Calendar Year 2013 (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.

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.

(c)         Discussion and Possible Action Regarding Implementation of a New Retirement Tier(s) Including Adoption of a Resolution Adopting a New Retirement Tier(s) for Mendocino County

Recommended Action/Motion: 1) Adopt the Resolution implementing: General members tier __________ ; Safety members tier __________; and Safety Probation members tier___________ effective January 1, 2013;  2) Direct staff to proceed with the updated Actuarial Contribution Rate Chart for formal adoption effective January 1, 2013; and 3) Direct staff to proceed with system administration and implementation planning to meet the January 1, 2013, target implementation.

ASSESSOR/CLERK-RECORDER

(d)        Noticed Public Hearing Regarding Re-Implementation of AB 1265 to Establish Shorter Williamson Act Contracts, Effective in Calendar Year 2013 (Sponsor: Resource Lands Protection Committee)

Recommended Action/Motion: Approve re-implementation of AB 1265, direct staff to notify all affected landowners of the final decision and the right to prevent the reduction in term by serving the notice of non-renewal.

GENERAL SERVICES AGENCY

(e)        Discussion and Possible Action Regarding the Development of a Property Assessed Clean Energy (PACE) Program in the Unincorporated Areas of the County of Mendocino

Recommended Action/Motion: The Board of Supervisors give direction to staff regarding the potential development of a PACE Program in the Unincorporated Areas of the County of Mendocino.

TRANSPORTATION

(f)          Director's Report

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

BOARD OF SUPERVISORS AND MISCELLANEOUS

6.    Board of Supervisors And Miscellaneous                                                                                            

(a)         Supervisors' Reports

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 54956.9 - Conference with Legal Counsel - Existing Litigation: Coast Action Group; Russian Riverkeeper v. County of Mendocino; Board of Supervisors of the County of Mendocino - Mendocino County Superior Court Case No. SCUK CVG 11 59176

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

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.

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 Approval:

MINUTES

(a)         Minutes of the November 6, 2012, Regular Board Meeting

(b)        Minutes of the November 13, 2012, Regular Board Meeting

(c)         Minutes of the November 20, 2012, Special Board Meeting

(d)        Minutes of the December 4, 2012, Special Board Meeting

AUDITOR-CONTROLLER

(e)        Adoption of Resolution Exempting the Covelo Cemetery District from the Annual Audit Requirement and Instead Establishing a Biennial Audit Requirement Pursuant to Government Code Section 26909(b)

Recommended Action/Motion: Unanimously adopt the Resolution exempting the Covelo Cemetery District from the annual audit requirement and instead establishing a biennial audit requirement, and authorize Chair to sign.

BOARD OF SUPERVISORS

(f)          Approval of Letter of Support for CAL FIRE's Release of Request for Proposal (RFP) for Jackson Demonstration State Forest (JDSF) Recreation User Survey (Sponsor: Supervisor Smith)

Recommended Action/Motion: Approve the letter supporting CAL FIRE's expeditious release of the Recreation User Survey RFP, and authorize the Chair to sign same.

COUNTY COUNSEL

(g)        Approval of Agreement with the Mendocino County Resource Conservation District (MCRCD) to Access County-Owned Property Located at 14400 Highway 128, Boonville, to Perform the Robinson Creek Restoration Project

Recommended Action/Motion: Approve agreement with the Mendocino County Resource Conservation District (MCRCD) to access County-owned property located at 14400 Highway 128, Boonville, to perform the Robinson Creek Restoration Project, and authorize Chair to sign same.

(h)        Approval of Rental Agreement between the Mendocino County Fair and Apple Show (Association) and Sierra Nevada World Music Festival (Renter)

Recommended Action/Motion: Approve the rental agreement between the Mendocino County Fair and Apple Show (Association) and Sierra Nevada World Music Festival (Renter), and authorize Chair to sign same.

GENERAL SERVICES AGENCY

(i)          Adoption of a Resolution, Superseding Resolution No. 09-256, Authorizing the Sale of a Portion of County Real Property, APN 018-040-18, Approving Certificate of Acceptance for a Portion of Real Property, APN

018-040-24, City of Fort Bragg, and Approval of Agreement to Purchase and Escrow Instructions

Recommended Action/Motion: Adopt the Resolution, superseding Resolution No. 09-256, authorizing the sale of a portion of County real property, APN 018-040-18, approve Certificate of Acceptance for a portion of real property, APN 018-040-24, City of Fort Bragg, approve Agreement to Purchase and Escrow Instructions; and authorize the Chair to sign the Resolution, Certificate of Acceptance, agreement and all other necessary documents related to the transaction.

HEALTH AND HUMAN SERVICES AGENCY

(j)          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 2012/2013

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; and adopt Resolution to accompany approved agreement; and authorize the HHSA Director to sign any future amendments to the contract that do not increase the annual maximum amount. EDD requires five original copies of the agreement back for their files.

(k)        Approval of Agreement with BlackTalon Enterprises, Inc. (Napa, CA) in the Amount of $125,000 to Provide Client Transport Services in Fiscal Year 2012/2013

Recommended Action/Motion: Approve and authorize the Board Chair to sign agreement with BlackTalon Enterprises, Inc. in the amount of $125,000 to provide client transport services in Fiscal Year 2012/2013, and authorize the HHSA Director to sign any future amendments to the agreement that do not increase the annual maximum amount.

(l)          Approval of Agreement with North Coast Opportunities in the Amount of $60,749 to Provide Nutrition Education Services for CalFresh-Eligible Individuals Through the Teen Nutrition Advocate Program in Federal Fiscal Year 2012/2013

Recommended Action/Motion: Approve and authorize the Board Chair to sign the Agreement with North Coast Opportunities in the Amount of $60,749 to provide nutrition education services for CalFresh-eligible individuals through the Teen Nutrition Advocates program in Federal Fiscal Year 2012/2013; and authorize the HHSA Director to sign any future amendments to the agreement that do not increase the annual maximum amount.

(m)      Approval of Agreement with North Coast Opportunities in the Amount of $77,617 to Provide Nutrition Education Services for CalFresh-Eligible Individuals in Federal Fiscal Year 2012/2013

Recommended Action/Motion: Approve and authorize the Board Chair to sign the Agreement with North Coast Opportunities in the Amount of $77,617 to provide nutrition education services for CalFresh-eligible individuals in Federal Fiscal Year 2012/2013; and authorize the HHSA Director to sign any future amendments to the agreement that do not increase the annual maximum amount.

HUMAN RESOURCES

(n)        Adoption of Resolution Amending Position Allocation Table as follows:  Budget Unit 0713, Add One Half-time (.5) FTE Safety Officer

Recommended Action/Motion: It is recommended the Board adopt the Resolution amending the Position Allocation Table as follows: Budget Unit 0713, add one half-time (.5) FTE Safety Officer and authorize Chair to sign same.

(o)        Adoption of Resolution Amending Position Allocation Table as Follows:  Budget Unit 6110 - Increase PN 3917 Library Assistant .5 FTE to 1 FTE

Recommended Action/Motion: It is recommended the Board adopt the Resolution amending the Position Allocation Table as follows: Budget Unit 6110 - increase PN 3917 Library Assistant (.5 FTE) to 1 FTE, and authorize Chair to sign same.

(p)        Approval of Agreement with Liebert Cassidy Whitmore for the Period of December 11, 2012, through June 30, 2014, to Provide Contract Negotiations and Employer-Employee Relations Services with the County’s Eight Bargaining Units

Recommended Action/Motion: Approve the agreement with Liebert Cassidy Whitmore for the period of December 11, 2012 through June 30, 2014.

PLANNING AND BUILDING SERVICES

(q)        Adoption of Resolution Approving Agricultural Preserve No. A 1-2012 (Capistran Ranch, LLC)

Recommended Action/Motion: The Board of Supervisors approves Agricultural Preserve No. A 1-2012 as recommended by the Planning Commission and adopts Resolution Number ________ finding the request to be consistent with the General Plan and Mendocino County Code Sections 22.08.020 and 22.08.050.

SHERIFF-CORONER

(r)         Approval of Budget Transfer Enabling the Purchase of a Wash Machine, and to Add the Wash Machine to the County's List of Fixed Assets

Recommended Action/Motion: Approve the Sheriff's request to make a budget transfer, enabling a purchase of a wash machine, and to add the wash machine to the Fixed Asset list.

(s)         Approval of Request to Add a Side Scanning Sonar System and a VHF XTL 2500 Radio System as Fixed Assets to the County's Approved List of Fixed Assets

Recommended Action/Motion: Approve the request to add a side scanning sonar system and a VHF XTL 2500 radio system as fixed assets to the County's Approved List of Fixed Assets.

SOLID WASTE

(t)          Approval of Amendment No. 5 to Willits Transfer Station Agreement Substituting California Diesel Fuel Index for Review of Solid Waste of Willits (SWOW) Fuel Bills in Calculating Fuel Adjustment

Recommended Action/Motion: Approve the 5th amendment to Willits Transfer Station agreement, and authorize the Chair to sign same.

TRANSPORTATION

(u)        Adoption of Resolution Approving Department of Transportation Agreement No. 120040, Professional Services Agreement with Geo-Logic Associates, for Preparation of Construction Plans, Specifications and

Estimates for the Modifications to Caspar Landfill Sub-Surface Water (Leachate) Disposal System (Fort Bragg Area)

Recommended Action/Motion: By Resolution, approve DOT Agreement No. 120040, authorize Board Chair to execute the Agreement.

(v)        Adoption of Resolution Approving Release of Contract Surety, Department of Transportation Contract No. 100026, 2006 Storm Damage Repairs on Orr Springs Road, CR 223, M.P. 32.39 (Ukiah Area)

Recommended Action/Motion: By Resolution, authorize release of the Contract Surety pursuant to applicable terms and conditions specified.

(w)       Approval of Notice of Completion, Department of Transportation Contract No. 080060, 2006 Storm Damage Repairs on Orr Springs Road, CR 223, M.P. 28.55 (Ukiah Area)

Recommended Action/Motion: By Minute Order, authorize the Board Chair to sign the Notice of Completion and direct the Clerk of the Board to file the Notice of Completion for DOT Contract No. 080060 with the County Recorder.

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 Board of Supervisors Acting as the Governing Board of the Successor Agency for the Redevelopment Agency of the County of Mendocino.

 

MENDOCINO COUNTY AIR QUALITY MANAGEMENT DISTRICT.

Mendocino County Air Quality Management District

(x)        Authorization of the Air Pollution Control Officer to Utilize AB 923 Funds as Match Funding for Remaining State Lower Emissions School Bus Program Funds, and to Reassign any Remaining State Lower Emissions School Bus Program Funds as Necessary

Recommended Action/Motion: 1)  Authorize the Air Pollution Control Officer  to utilize AB 923 funds up to $35,000 as match funding for the purchase of a new school bus for the remaining state Lower Emissions School Bus Program funds assigned to Mendocino County; and 2)  authorize the Air Pollution Control Officer to reassign any remaining state Lower Emissions School Bus Program funds to Tehama County APCD prior to January 1, 2013.  Please provide the District with a Minute Order 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