Carre Brown 1st District Supervisor |
John McCowen 2nd District Supervisor |
John Pinches 3rd District Supervisor Vice-Chair |
Dan GJerde 4th District Supervisor |
DAN 5th District Supervisor Chair |
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Chief Executive Officer/ Clerk of the Board |
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Thomas R. Parker |
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(707) 463-4441 Fax (707) 463-5649 cob@co.mendocino.ca.us |
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Mendocino
Agenda Regular
Meeting July 30,
2013 – 9:00 AM Board
Chambers, Room 1070, |
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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, 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. |
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TIMED ITEMS
Timed
Items
Please note that all times
provided are considered approximate.
9:10 a.m.: Approval of Letter to Northwest Atlantic (Real Estate Services)
and DDR Corp. to Facilitate a Meeting to Revisit the DDR Property as a
Potential Site for a New Retail Store (See Item No. 6b)
9:30 a.m.: Introduction and Waive Reading of an Ordinance Amending Chapter
16.30 of the Mendocino County Code (Stormwater Runoff Pollution Prevention
Procedure Ordinance) Pursuant to Categorical Exemption (Cal. Code Regs., tit.
14, §15307) (See
Item No. 5e)
1:30 p.m.: Consideration of a General Plan Amendment, Rezoning and Minor
Subdivision to Create a 10-Acre Rural Residential Parcel from an Existing
136-Acre Timberland Production Parcel (Caspar Area) (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 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
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.
EXECUTIVE OFFICE
(a)
Chief
Executive Officer's Report
Recommended Action/Motion: 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: Provide direction to staff regarding
matters of legislation.
PLANNING AND
BUILDING SERVICES
Recommended Action/Motion: Adopt amended Ordinance No. 4254 and
approve the rezone of APNs 163-131-02 and 163-131-03 from RR:1 to I-1 and
remove Exhibit C from the Ordinance.
Recommended Action/Motion: Deny the request for the
(e)
Introduction and Waive
Reading of an Ordinance Amending Chapter 16.30 of the Mendocino County Code
(Stormwater Runoff Pollution Prevention Procedure Ordinance) Pursuant to
Categorical Exemption (Cal. Code Regs., tit. 14, §15307) (Sponsors: Planning and Building Services and County
Counsel)
Recommended Action/Motion: Introduce and waive reading of an
ordinance amending Chapter 16.30 of the
SOLID WASTE
Recommended Action/Motion: Introduce and waive the reading of
Ordinance amending Chapter 9A.16 of the
TRANSPORTATION
(g)
Transportation
Director's Report
Recommended Action/Motion: Accept the report of the Transportation
Director.
BOARD OF SUPERVISORS AND MISCELLANEOUS
6. Board of Supervisors And Miscellaneous
(a)
Supervisors'
Reports Regarding Board Special Assignments, Standing and Ad Hoc Committee
Meetings, and Other Items of General Interest
Recommended Action/Motion: Approve the letter to
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:
(b)
Pursuant
to Government Code Section 54956.9(d)(1) - Conference with Legal Counsel -
Existing Litigation: City of Ukiah, City of Fort Bragg and City of Willits,
Petitioners v. County of Mendocino, Meredith J. Ford in her official capacity
as the Auditor-Controller of Mendocino County and Does 1-10; Superior Court
Case No.
(c)
Pursuant
to Government Code Section 54956.9(d)(1) - Conference with Legal Counsel -
Existing Litigation: Daniel E. Hamburg v.
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)
State of California, Department of Fish
and Wildlife - Notice of proposed rulemaking regarding permitting of mountain
lion carcasses or products or parts thereof; additional information may be
found online at www.dfg.ca.gov/news/pubnotice/regulations.html, or by
contacting Eric Loft via phone at (916) 445-3555, or via email at
wildlifemgt@wildlife.ca.gov.
(b)
State of California, Department of Fish
and Wildlife - Confirmation that the County of Mendocino has fulfilled its
primary mitigation obligation related to the Helman Dam removal project (Feliz
Creek); remaining tasks involve post-dam removal site monitoring and
revegetation through 2017; for additional information, please contact Scott
Downie, Senior Environmental Scientist, at (707) 725-1070, or vial email at
scott.downie@wildlife.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
(d)
Claim of Edith
Viera (AAA Subrogee)
Items Recommended for Approval:
MINUTES
(e)
July 15, 2013,
Regular Board Meeting Minutes
(f)
July 16, 2013,
Regular Board Meeting Minutes
ASSESSOR/CLERK-RECORDER
Recommended Action/Motion: Authorize the County Clerk to conduct
and consolidate the Special Election, with the CONSOLIDATED DISTRICT ELECTION
scheduled for Tuesday, November 5, 2013.
AUDITOR-CONTROLLER
Recommended Action/Motion: Approve district's request for temporary
loan of $388,469 from their 2013-14 tax revenues, and authorize chair to sign
Resolution.
Recommended Action/Motion: Adopt the Ordinance amending Chapter
5.150 of the
Recommended Action/Motion: Adopt the Ordinance Repealing Chapter
5.96 of Title 5 of the
EXECUTIVE OFFICE
(k)
Adoption of the
Mendocino County Assessment Appeals Board Local Rules for 2013/2014
Recommended Action/Motion: Adopt the 2013/2014 Local Rules for the
Mendocino
(l)
Approval of the
Disbanding of the Board of Supervisors Mental Health Court Planning Ad Hoc
Committee
Recommended Action/Motion: Approve the disbanding of the Board ad
hoc committee tasked with participating in the planning of a
HEALTH AND HUMAN
SERVICES AGENCY
Recommended Action/Motion: Receive and accept informational report
on Public Health Services activities in the County's Tobacco Retail Licensing
Ordinance Program.
Recommended Action/Motion: Adopt the Ordinance amending
(o)
Approval of
Agreement with the Mendocino Private Industry Council, Inc. (MPIC) in the
Amount of $362,443 to Provide Employment and Training Services to Dislocated
Workers from Specific Businesses, Retroactive to April 1, 2013, Ending June 30, 2014; 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 the agreement with the Mendocino Private Industry Council, Inc. (MPIC) in
the amount of $362,443 to Provide Employment and Training Services to
Dislocated Workers from specific businesses, retroactive to April 1, 2013,
ending June 30, 2014. Services are to be
performed Per the Workforce Investment Act (WIA) on Behalf of the Workforce
Investment Board (WIB) - Health and
Human Services Agency -Social Services Branch and; Authorize the HHSA Director
to sign any future amendments to the agreement that do not affect the annual
maximum amount.
(p)
Approval of
Amendment to BOS Agreement No.13-006A1 with Creekside Convalescent Hospital,
Increasing Agreement Amount by $30,000 for a New Total Agreement of $132,565;
Approval of a 90 Day Extension of Termination Date
to Allow for Transition of Services to the Mental Health Plan Contractor for
Continuance of Services to Current Mental Health Clients Receiving Services
Recommended Action/Motion: Approve and authorize the Board Chair to
sign amendment to BOS agreement 13-006A1 increasing agreement amount by $30,000
for a new total agreement amount of $132,565 with Creekside Convalescent
Hospital; Approve a 90 day extension of termination date to allow for
transition of services to the mental health plan contractor for continuance of
services to current mental health clients receiving services; and authorize the
Health and Human Services Agency Director to sign any future amendments to the
agreement that do not affect the maximum allowable amount.
HUMAN RESOURCES
Recommended Action/Motion: It is recommended the Board adopt the
Resolution authorizing changes to the Position Allocation Table as
follows: Budget Unit 1610; Add, One (1)
FTE Assistant Facility Manager and authorize Chair to sign same.
(r)
Adoption of
Resolution Authorizing Changes to the Position Allocation Table as Follows: Move, Nine (9) FTE Deputy Sheriff Coroner II
from Budget Unit 2510, Jail, to Budget Unit 2310, Sheriff; Delete, One (1) FTE
Sheriff's Lieutenant from Budget Unit
2510, Jail; Add One (1) FTE Sheriff's Sergeant to Budget Unit 2310, Sheriff
Recommended Action/Motion: It is recommended the Board adopt the
Resolution authorizing changes to the Position Allocation Table as follows:
Move, nine (9) FTE Deputy Sheriff Coroner II from Budget Unit 2510, to Budget
Unit 2310; Delete, one (1) FTE Sheriff's Lieutenant from Budget Unit 2510; Add
one (1) FTE Sheriff's Sergeant to Budget Unit 2310 and authorize Chair to sign
same.
PLANNING AND
BUILDING SERVICES
Recommended Action/Motion: Approve the agreement with the
Recommended Action/Motion: Approve the Agreement with the
SHERIFF-CORONER
(u)
Approval of the
Sheriff's Office/Office of Emergency Services' Submission of a Grant
Application for the 2013 Homeland Security Grant Program (HSGP) with the
California Office of Emergency Services, and Adoption of Corresponding Resolution for Signature Authority
Recommended Action/Motion: Approve submission of the grant
application to the California Emergency Management Agency for the 2013 Homeland
Security Grant Program (HSGP); adopt the Resolution authorizing the Sheriff
(Primary), acting Public Health Director (Secondary), and the Ukiah Police
Chief (Secondary) to execute for, or on behalf of, the County of Mendocino any actions
necessary for the administration of the Federal Department of Homeland Security
Grants for FY 2013; and authorize the Chair to sign same.
TRANSPORTATION
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. 120056 with the County
Recorder.
TREASURER-TAX
COLLECTOR
Recommended Action/Motion: Approve Outdoor Festival Application and
Authorize Tax Collector to Issue License for the Art in the Redwoods Festival,
to be Held August 15-18, 2013 in Gualala, California
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
·
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