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

August 27, 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.

10:00 a.m.: Informational Presentation on the 2011 Realignment and Its Effect on the Health and Human Services Agency Protective Services Subaccount (See Item No. 5d)

1:30 p.m.:    Noticed Public Hearing - Consideration of Adoption of a Mitigated Negative Declaration, in Compliance with CEQA Requirements, for the Replacement of Bridge No. 10C-0137 on Muir Mill Road, CR 301C, M.P. 2.07 Over Baechtel Creek and, if Appropriate, Approve Resolution Adopting Said Mitigated Negative Declaration (Willits Area) (See Item No. 5h)

1:45 p.m.:    Noticed Public Hearing - Consideration of Adoption of a Mitigated Negative Declaration, in Compliance with CEQA Requirements, for South Coast Landfill Final Closure/Post Closure Maintenance Plan and, if Appropriate, Approve Resolution Adopting Said Mitigated Negative Declaration (Gualala/Point Arena Area) (See Item No. 5i)

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 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: 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.

COUNTY COUNSEL

(c)         Continued from August 13, 2013 - Approval of the Board of Supervisors' Response to the 2012-2013 Grand Jury Report - "Cut Backs in Mental Health Services Impacting Law Enforcement"  This item is continued to September 23, 2013, for further Board consideration

Recommended Action/Motion: Approve the Board of Supervisors' response to the 2012-2013 Grand Jury Report - "Cut Backs in Mental Health Services Impacting Law Enforcement"; authorize Chair to sign and return original to the County Counsel office.

HEALTH AND HUMAN SERVICES AGENCY

(d)        Informational Presentation on the 2011 Realignment and Its Effect on the Health and Human Services Agency Protective Services Subaccount

Recommended Action/Motion: Receive the informational presentation on the 2011 Realignment and its effects on the Health and Human Services Agency Protective Services Subaccount.

PLANNING AND BUILDING SERVICES

(e)        Continued from August 13, 2013 - Adoption 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: Adopt the ordinance amending Chapter 16.30 of the Mendocino County Code.

(f)          Adoption of Ordinance Rezoning Three Developed One (1) Acre Parcels in the Ukiah Area from R-1 (Single Family Residential) to R-3 (Multi-Family Residential) (Assessor's Parcel Numbers 003-420-39, 40 and 41)

Recommended Action/Motion: Make the Environmental and General Plan findings contained within the Planning Commission's motion and Staff Report and adopt the Ordinance approving the rezoning of Assessor's Parcel Numbers 003-420-39, 003-420-40 and 003-420-41 from R-1 to R-3.

TRANSPORTATION

(g)        Transportation Director's Report

Recommended Action/Motion: Accept the report of the Transportation Director.

(h)        Noticed Public Hearing - Consideration of Adoption of a Mitigated Negative Declaration, in Compliance with CEQA Requirements, for the Replacement of Bridge No. 10C-0137 on Muir Mill Road, CR 301C, M.P. 2.07 Over Baechtel Creek and, if Appropriate, Approve Resolution Adopting Said Mitigated Negative Declaration (Willits Area)

Recommended Action/Motion: Conduct the public hearing and, by Resolution, adopt a Mitigated Negative Declaration for the project and authorize the Director of Transportation to file the Notice of Determination.

(i)          Noticed Public Hearing - Consideration of Adoption of a Mitigated Negative Declaration, in Compliance with CEQA Requirements, for South Coast Landfill Final Closure/Post Closure Maintenance Plan and, if Appropriate, Approve Resolution Adopting Said Mitigated Negative Declaration (Gualala/Point Arena Area)

Recommended Action/Motion: Conduct the public hearing and, by Resolution, adopt a Mitigated Negative Declaration for the project and authorize the Director of Transportation to file the Notice of Determination.

TREASURER-TAX COLLECTOR

(j)          Acceptance of Mendocino County Annual Investment Report, Including Report of Pooled Investments at June 30, 2013

Recommended Action/Motion: Accept the Mendocino County Annual Investment Report, Including Report of Pooled Investments at June 30, 2013.

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

(b)        Appointment of Designees to the Lake/Mendocino Area Agency on Aging (AAA) Governing Board (Sponsor: Supervisor Brown)

Recommended Action/Motion: Adopt a motion formally designating an alternate from the BOS to serve on the AAA Governing Board, representing the County of Mendocino, when the primary designee is unable to attend Governing Board meetings.

(c)         Discussion and Direction Regarding Formation of an Ad Hoc Committee to Meet with Members of the Public and Staff in Researching and Resolving Outstanding Issues Regarding Development of a Clean Energy Program in Mendocino County (Sponsor: Supervisor McCowen)

Recommended Action/Motion: Appoint an ad hoc committee to meet with members of the public and staff to research and resolve outstanding issues related to possible development of a Clean Energy Program in Mendocino County and report back to the Board within 60 days.

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(b)(1) - Conference with Legal Counsel - Significant Exposure to Litigation - One Case

(b)        Pursuant to Government Code Section 54957 - Public Employee Performance Evaluation - 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.

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:

APPOINTMENTS

(a)         Approval of Appointments to Mendocino County Waterworks District II

Recommended Action/Motion: Appoint Mr. John Villec and Mr. Louie Ozenne to the Mendocino County Waterworks District II.

ASSESSOR/CLERK-RECORDER

(b)        Approval of Appointments-In-Lieu of Election for the November 5, 2013, Consolidated Districts Election

Recommended Action/Motion: Approve the Appointments-In-Lieu of Election for all candidates who filed candidacy papers, and further authorize additional appointments of qualified persons be made when there are sufficient candidates.

AUDITOR-CONTROLLER

(c)         Authorization for the Auditor's Office to Begin the Process of Implementing an ePayables Program Sponsored by Bank of America Merrill Lynch (BAML)

Recommended Action/Motion: Authorize the Auditor Controller to implement the ePayables Program offered by BAML.

BOARD OF SUPERVISORS

(d)        Adoption of Resolution Pursuant to Caltrans/California Highway Patrol's Joint Policy Guidelines for Special Events on State Conventional Highways in Order to Obtain a Permit from Caltrans for the California Indian Days Parade in Covelo, California, on September 28, 2013 (Sponsor: Supervisor Pinches)

Recommended Action/Motion: Adopt the Resolution as presented, authorizing the Chair to sign same; and further, direct the Clerk of the Board to forward copies of the Resolution to the District Permit Coordinator, Caltrans (Eureka), the California Highway Patrol, and the Round Valley Tribal Council.

(e)        Adoption of Resolution Pursuant to Measure F "Calling for Amendment to the United States Constitution to Establish that 1) Only Human Beings and Not Corporations Are Endowed With Constitutional Rights, and 2) that Money Does Not Constitute Speech and Therefore Political Contributions Can Be Regulated" (Sponsor: Supervisor McCowen)

Recommended Action/Motion: Adopt the Resolution calling for amendment to the United States Constitution to establish that 1) only human beings and not corporations are endowed with constitutional rights, and 2) that money does not constitute speech and therefore political contributions can be regulated.

(f)          Approval of a Letter of Support for the Potter Valley Tribe's Fee-to-Trust Application for Two Tribal Properties, in Redwood Valley and Potter Valley (Sponsor: Supervisor Brown)

Recommended Action/Motion: Approve the letter of support for the Potter Valley Tribe's fee-to-trust application for two tribal properties, in Redwood Valley and Potter Valley.

(g)        Ratification of Letter of Opposition to Senate Bill 594 (Hill) - Prohibit the Use of Public Resources for Campaign Activities (Sponsor: Supervisor Brown)

Recommended Action/Motion: Ratify the letter of opposition to SB 594, dated and transmitted August 21, 2013, as executed by the Chair.

GENERAL SERVICES AGENCY

(h)        Adoption of Resolution Authorizing the Destruction of Certain Records Within the General Services Agency, Central Services Division, Pursuant to Government Code Section 26202

Recommended Action/Motion: Adopt resolution authorizing the destruction of certain records within the General Services Agency, Central Services Division pursuant to Government Code Section 26202, and authorize Chair to sign the same.

(i)          Approval of the Lease-Purchase Financing in the Amount of $189,373 with Arrow Enterprises Computing Solutions, Inc. for the County's Novell Software Maintenance and Support and Authorization for the General Services Agency Director to Sign Any and All Necessary Documents Related to the Transaction as Agent on Behalf of the County

Recommended Action/Motion: Approve the Lease-Purchase Financing in the amount of $189,373 with Arrow Enterprises Computing Solutions, Inc. for Novell Maintenance and Support, and authorize the General Services Agency Director to sign any and all necessary documents related to the transaction as Agent on behalf of the County.

(j)          Approval of Memorandum of Understanding Between the Superior Court of Mendocino County and the County of Mendocino for Fiscal Year 2013-14

Recommended Action/Motion: Approve the Memorandum of Understanding between the Superior Court of Mendocino County and the County of Mendocino for Fiscal Year 2013-14, and authorize Chair to sign the same.

(k)        Authorization of Blanket Declaration of Surplus Property and Authorization for Purchasing Agent to Dispose of Said Surplus Property Throughout Fiscal Year 2013/2014

Recommended Action/Motion: Authorize the blanket declaration of surplus property, and authorize the Purchasing Agent to dispose of said surplus property, by way of public auction, throughout Fiscal Year 2013/2014.

HEALTH AND HUMAN SERVICES AGENCY

(l)          Approval of Amended Agreement with KidsPeace National Centers, Inc., & KidsPeace Children's Hospital, Inc. in the Amount of $70,000 to Provide Continued Specialized Out of Home Placement in Fiscal Year 2012/2013

Recommended Action/Motion: Approve and authorize the Board Chair to sign the amended agreement with KidsPeace National Centers, Inc., & KidsPeace Children's Hospital, Inc. in the amount of $70,000 to provide continued specialized out-of-home placement 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.

(m)      Authorization of the Workforce Investment Board (WIB) and Comprehensive Economic Development Strategy (CEDS) Committee to Work with the Economic Development Director of Sonoma County to Create a Joint Powers Agreement with the Objective of Forming an Economic Development District (EDD)

Recommended Action/Motion: Authorize the Workforce Investment Board (WIB)/Comprehensive Economic Development Strategy (CEDS) Committee to work with the Economic Development Director of Sonoma County to form a Joint Powers Agreement with the objective of creating an Economic Development District.

PLANNING AND BUILDING SERVICES

(n)        Adoption of Resolution Approving the Rescission and Simultaneous Replacement of Agricultural Preserve Contract No. 407

Recommended Action/Motion: Approve the rescission and simultaneous replacement of Agricultural Preserve Contract Number 407 and adopt the Resolution, finding the request to be consistent with the General Plan and California Governmental Code Section 51524.

TRANSPORTATION

(o)        Adoption of Resolution Approving Amendment No. 4 to BOS Agreement No. 00-324/Department of Transportation Agreement No. 990099, Professional Services Agreement with Rau and Associates for Additional Engineering Work for the Reconstruction and Widening of Roadway on East Side Potter Valley Road, CR 240, M.P. 2.40 to M.P. 6.42 (Potter Valley Area)

Recommended Action/Motion: By Resolution, approve Amendment No. 4 to BOS Agreement No. 00-324/DOT Agreement No. 990099, authorize Board Chair to execute the Amendment, 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

(p)        Approval of Outdoor Festival Application and Authorization of Tax Collector to Issue License for the Winesong Festival, to be Held September 7, 2013 in Fort Bragg, California

Recommended Action/Motion: Approve the Outdoor Festival Application for the Winesong Festival and Authorize the Tax Collector to Issue the Outdoor Festival License.

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