Carre Brown

1st District Supervisor

John McCowen

2nd District Supervisor

 

John Pinches

3rd District Supervisor

Vice-Chair

Dan Gjerde

4th District Supervisor

DAN HAMBURG

5th District Supervisor

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

January 22, 2013 – 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.

9:30 a.m.:    Presentation, Discussion and Possible Action Regarding the Development of a Property Assessed Clean Energy (PACE) Program in the Unincorporated Areas of the County of Mendocino (See Item No. 5d)

11:30 a.m.: Closed Session (See Item No. 9)

1:30 p.m.:    Interviews with Applicants for the Mendocino County Assessment Appeals Board (See Item No. 5b)

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 Recognizing the Month of February 2013 as Spay and Neuter Month in Mendocino County (Sponsor: Executive Office)

(b)        Adoption of Proclamation Recognizing the Twenty-Fifth Anniversary of West Company (Sponsors: Supervisors Brown and McCowen)

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)        Interviews with Applicants for the Mendocino County Assessment Appeals Board

Recommended Action/Motion: That the Board conducts interviews with the Assessment Appeals Board applicants, and provide further direction to staff.

(c)         Discussion and Possible Action Including Adoption of Mendocino County's 2013 Legislative Platform (Sponsors: Executive Office and Board Ad Hoc Committee)

Recommended Action/Motion: That the Board adopt the 2013 Legislative Platform for Mendocino County as presented, directing staff to forward the adopted platform to our State and Congressional representatives.

GENERAL SERVICES AGENCY

(d)        Presentation, 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.

SOLID WASTE

(e)        Introduction and Possible Adoption of Urgency Ordinance Adding Section 9.41.045 to Chapter 9.41 of County Code Concerning Single-Use Carryout Bags by Retail Establishments, which would Provide a Limited Exception to Requirement to Charge for Paper Bags

Recommended Action/Motion: Adopt the Urgency Ordinance adding Section 9.41.045 to Chapter 9.41 of Mendocino County Code.

TRANSPORTATION

(f)          Director's Report

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

(g)        Introduction and Waive Reading of an Ordinance of the Board of Supervisors Amending Mendocino County Code Section 15.12.040 - Prohibiting Parking on Both Sides of Center Street, CR 546, in the Unincorporated Community of Gualala, Between Mile Post 0.00 and Mile Post 0.06 (300 feet) (Gualala Area)

Recommended Action/Motion: Introduce and waive reading of the Ordinance amending Mendocino County Code Section 15.12.040 as submitted.

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(a) - Conference with Legal Counsel - Existing Litigation: Masonite Corporation v. County of Mendocino, Mendocino County Superior Court Case No. SCUK CVPT 10-56883, California Court of Appeal No. A134896

(b)        Pursuant to Government Code Section 54956.9(a) - Conference with Legal Counsel - Existing Litigation: County of Mendocino v. Solid Wastes Systems, Case No. SCUK-CVG-11-59459

(c)         Pursuant to Government Code Section 54956.9(b)(1) - Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to Litigation - One Case

(d)        Pursuant to Government Code Section 54957.6 - Conference with Labor Negotiator - Agency Negotiators: Carmel J. Angelo, Kyle Knopp, Pat Meek, and Donna Williamson; Employee Organization(s):  All

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)         Mendocino County Jail Inspection Report from Health and Human Services Agency, inspected on the dates of July 30, 2012, and August 29, 2012.

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)         December 18, 2012, Regular Meeting Minutes

(b)        January 8, 2013, Regular Meeting Minutes

APPOINTMENTS

(c)         Approval of Recommended Appointments/Reappointments

Recommended Action/Motion: That the Board of Supervisors Approves the Following Appointments/Reappointments:

Board or Commission

Appointee

Category

Golden Gate Bridge, Highway and Transportation District

Jim Eddie

Mendocino County Representative

Mendocino Council of Governments (MCOG)

Sue Ranochak

Public Appointee

Mendocino County Planning Commission

Marilyn Ogle

1st District Representative

 

COUNTY COUNSEL

(d)        Adoption of Ordinance Amending Mendocino County Code Section 9.31 Medical Marijuana Cultivation Regulation

Recommended Action/Motion: Adopt the Ordinance amendment to Mendocino County Code Section 9.31, Medical Marijuana Cultivation Regulation.

EXECUTIVE OFFICE

(e)        Approval of Mendocino County Fair and Apple Show 2013 Operating Budget

Recommended Action/Motion: Approve the Mendocino County Fair and Apple Show 2013 Operating Budget and authorize the Chair to sign same.

GENERAL SERVICES AGENCY

(f)          Acceptance of the Risk Management Insurance Program Annual Report for Fiscal Year 2011/2012

Recommended Action/Motion: Accept the Risk Management Insurance Program Annual Report covering the fiscal year 2011/2012

HEALTH AND HUMAN SERVICES AGENCY

(g)        Approval of Agreement with City of Ukiah in the Amount of $60,000 to Conduct a Greenhouse Gas Emissions Inventory and Complete a Climate Action Plan in Fiscal Year 2012-2013

Recommended Action/Motion: Approve and authorize the Board Chair to sign agreement with City of Ukiah in the amount of $60,000 to conduct a Greenhouse Gas Emissions Inventory and complete a Climate Action Plan 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.

(h)        Ratification of Grant Application by the Mendocino County Health and Human Services Agency (HHSA) - Public Health for a One-Time Only Grant from the California Office of Traffic Safety in the Amount of $149,715.58 for October 1, 2013, to September 30, 2014

Recommended Action/Motion: Ratify that Mendocino County HHSA Public Health grant application for a one-time only grant from the California Office of Traffic Safety in the amount of $149,715.58 for October 1, 2013 through September 30, 2014.

HUMAN RESOURCES

(i)          Acceptance of the Report on 2012 Workers Compensation & Return to Work Program Activities

Recommended Action/Motion: Accept report on 2012 Workers Compensation/Return to Work Program activities.

SHERIFF-CORONER

(j)          Approval of Agreement in the Amount of $74,304 between the Sheriff's Office and California Department of Fish and Game, to Allow the Sheriff's Office to Reimburse the Department of Fish and Game for Overtime Hours Worked by Fish and Game Wardens for the Purpose of Marijuana Eradication in Mendocino County, Using Funds Received from the U.S. Department of Justice, DEA, Domestic Cannabis Eradication Suppression Program (DSESP)

Recommended Action/Motion: Approve the agreement between the Sheriff's Office and California Department of Fish and Game so the Sheriff's Office can be assisted in their marijuana eradication efforts by California State Fish and Game Wardens.

(k)        Approval of Amendment to BOS Agreement No. 12-048, between the County of Mendocino and Tetra Tech, Inc., to Revise and Update all Emergency Operations Plans for the County of Mendocino, the City of Ukiah, the City of Willits, the City of Fort Bragg and the City of Point Arena; Amendment will Extend Termination Date of the Agreement from December 31, 2012, to March 25, 2013

Recommended Action/Motion: Approve the amendment to BOS Agreement No. 12-048, between the County of Mendocino and Tetra Tech, Inc., to revise and update all Emergency Operations Plans for the County of Mendocino, the City of Ukiah, the City of Willits, the City of Fort Bragg and the City of Point Arena; Amendment will extend termination date of the agreement from December 31, 2012, to March 25, 2013.

(l)          Approval of the Purchase of Two (2) BK Portable Radio Repeaters, Total Costs Not to Exceed $19,500; Approval of the Addition of the Portable Radio Repeaters to the County Approved List of Fixed Assets; and Further, Approval of Appropriation of $19,500 in Unanticipated Grant Revenue for the Purchase of the Repeaters

Recommended Action/Motion: Approve the purchase of two (2) BK Portable Radio Repeaters, total costs not to exceed $19,500; approve adding the Portable Radio Repeaters to the County Approved list of Fixed Assets; and further, approve appropriation of $19,500 in unanticipated grant revenue for the purchase of the repeaters.

SOLID WASTE

(m)      Approval of Amendments to Five (5) Solid Waste Contracts with Solid Wastes of Willits to Make Annual Fuel Adjustment Mechanism More Accurate

Recommended Action/Motion: Approve and authorize Chair to sign: 2nd amendments to each Franchise Agreement for Solid Waste Refuse Areas 1, 3 & 4; 3rd amendment to Transfer Stations Operations Agreement & Lease; and 3rd amendment to Caspar Transfer Station Operations Agreement & Lease.

TRANSPORTATION

(n)        Adoption of Resolution Accepting the Findings and Recommendations of Traffic Study No. 12-02 and Declaring Intent to Establish Revised Prima Facie Speed Limits on a Portion of North State Street, CR 104, at Mile Post 4.00 and Moore Street, CR 229B, at Mile Post 0.40 in the Residential Area, Business District and Adjoining School Zone (Calpella Area)

Recommended Action/Motion: By Resolution, accept Traffic Study No. 12-02, declare intent to establish speed zone recommended by Traffic Study No. 12-02, direct the Department of Transportation to prepare and submit an ordinance establishing prima facie speed limits as presented in Traffic Study 12-02, and authorize and direct the Department of Transportation to erect, place and maintain the appropriate traffic control devices.

(o)        Adoption of Resolution Approving the Airport Layout Plan (ALP) Update for the Little River Airport (Little River Area)

Recommended Action/Motion: By Resolution, authorize the Board Chair to sign the Resolution approving the proposed update to the Little River Airport Layout Plan and authorize the Director of Transportation to sign all pertinent documents required for processing with the Federal Aviation Administration.

(p)        Adoption of Resolution Authorizing Department of Transportation to Agree to Designation of Various County Maintained Roads as Indian Reservation Roads in Conjunction with the United States Department of Interior, Bureau of Indian Affairs (BIA) for Cahto Tribe of the Laytonville Rancheria Projects (Laytonville Area)

Recommended Action/Motion: By Resolution, (1) authorize the proposed Department of Transportation letter to the Cahto Tribe of the Laytonville Rancheria and (2) authorize the Director of Transportation to work with BIA and the Cahto Tribe of the Laytonville Rancheria on project concepts not resulting in significant expenditures.

(q)        Adoption of Resolution Designating the Intersections of Lansing Street (CR 500) and Ukiah Street (CR 407C) as a Four-Way Stop (Mendocino Area)

Recommended Action/Motion: By Resolution, designate Lansing Street (CR 500) and Ukiah Street (CR 407C) as a four-way stop.

(r)         Approval of Notice of Completion, DOT Contract No. 120008, Feliz Creek Dam Removal (Hopland 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. 120008 with the County Recorder.

(s)         Approval of Notice of Completion, DOT Contract No. 120036, Construction of Mill Creek Bridge at Reeves Canyon Road, CR 219, M.P. 2.52 (Redwood Valley 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. 120036 with the County Recorder.

TREASURER-TAX COLLECTOR

(t)          Adoption of an Ordinance Delegating Authority to Invest or Reinvest the Funds of the County and its Other Depositors in the County Treasury to the Treasurer for Calendar Year 2013

Recommended Action/Motion: Adopt the Ordinance delegating authority to invest or reinvest the funds of the County and its other depositors in the County Treasury to the Treasurer for calendar year 2013.

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

(u)        Approval of the Air Quality Management District's Request to Enter into a Contract for Separate Legal Representation; and Approval of Request for Appropriation of Funds

Recommended Action/Motion: Approve the District's request to enter into a contract with School and College Legal Services of California, authorize the Air Pollution Control Officer to sign, and authorize the transfer of funds from the District's Fund Balance to cover the cost of the initial retainer.

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