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

November 5, 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.

9:05 a.m.:    Introduction and Waive Reading of an Ordinance Adding Chapter 6.35, also known as the Right to Industry Ordinance, to Title 6 of the Mendocino County Code (See Item No. 6b)

11:30 a.m.: Adoption of Proclamation Declaring that Bryan Arnold, Artist; Jill Schmuckley, Individual Patron; John Chan Plumbing, a Business; and Tom Johnsen, Arts Educator are Recipients of the 2013 Mendocino County Art Champions Awards as Nominated by the Community and Selected by the Arts Council of Mendocino County (ACMC) Board of Directors (See Item No. 2a)

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.

(a)         Adoption of Proclamation Declaring that Bryan Arnold, Artist; Jill Schmuckley, Individual Patron; John Chan Plumbing, a Business; and Tom Johnsen, Arts Educator are Recipients of the 2013 Mendocino County Art Champions Awards as Nominated by the Community and Selected by the Arts Council of Mendocino County (ACMC) Board of Directors (Sponsor: Executive Office)

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)         Discussion and Possible Action Related to the Formation of an Ad Hoc Committee on Mendocino County Water Issues

Recommended Action/Motion: Form an ad hoc committee composed of two members of the Board, directing said ad hoc to define its own scope, composition and timeline related to information on Lake Mendocino water releases and downriver diversions of Russian River water in Sonoma County, returning to the Board with a report and recommendation on how to proceed in accordance with the Ad Hoc's timeline.

TRANSPORTATION

(d)        Transportation Director's Report

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

(e)        Presentation Regarding Mendocino Council of Governments (MCOG) Sponsored Update of the Pavement Management Program (PMP) and California State Association of Counties (CSAC) Statewide Needs Assessment (Countywide)

Recommended Action/Motion: No action necessary as this is an informational item only.

(f)          Introduction and Waive Reading of Ordinance Amending Section 15.04.030(E) of the Mendocino County Code - Speed Zones, Establishing a Prima Facie Speed Limit on a Portion of Mountain House Road, CR 111, near MacMillan Drive, CR 114B (Sanel Area)

Recommended Action/Motion: Introduce and waive reading of Ordinance establishing a prima facie speed zone on a portion of Mountain House Road, CR 111, near MacMillan Drive.

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)        Introduction and Waive Reading of an Ordinance Adding Chapter 6.35, Also Known as the Right to Industry Ordinance, to Title 6 of the Mendocino County Code (Sponsors: Supervisors Brown and McCowen)

Recommended Action/Motion: Introduce and waive the reading of an Ordinance adding Chapter 6.35, known as the Right to Industry Ordinance, to Title 6 of the Mendocino County Code along with direction to staff to insert into the Ordinance the disclosure noticing option(s) the Board has chosen, authorizing staff to present the Ordinance for adoption subsequent to proper notice.

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, Kyle Knopp, Tammi Weselsky, Juanie Cranmer, 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)         Federal Energy Regulatory Commission - Notice of order approving revised as-built Exhibit F for Pacific Gas and Electric Company as licensee for the Potter Valley Hydroelectric Project, FERC No. 77; project located on the Eel River and East Fork Russian River in Lake and Mendocino counties.

(b)         State of California Fish and Game Commission - Notice of proposed regulatory action relative to Section 601 and subsection 702(a)(1), Title 14, California Code of Regulations, relating to enhancement on private lands management; additional information may be obtained by contacting Victoria Barr, Department of Fish and Wildlife, via phone at (916) 445-5034, or online at www.fgc.ca.gov.

(c)         Board of State and Community Corrections - Report of biennial inspection of the Mendocino County Sheriff's Office, adult detention and Superior Court holding facilities, pursuant to Penal Code Section 6031.

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)         Claim of Jessica Barrilleaux

Items Recommended for Approval:

MINUTES

(b)        September 24, 2013, Regular Board Meeting

(c)         October 8, 2013, Regular Board Meeting and Joint Meeting with the Ukiah City Council

APPOINTMENTS

(d)        Approval of Recommended Appointments/Reappointments

Recommended Action/Motion: Approve the following appointments/reappointments:

Board or Commission

Appointee

Category

Air Quality Management District Hearing Board

Christopher Watt

Alternate Engineer

Anderson Valley Community Services District

*Neil Darling

Short-Term Director

Child Care Planning Council

Kristen Lawson

Member # 15, Public Agency Rep.

Hopland Public Utilities District

*Joan Norry

Director

Westport-Ten Mile Cemetery District

Steven M.  Brigham

Trustee

*Appointment -in-lieu of election, per Board action on August 27, 2013

BOARD OF SUPERVISORS

(e)        Approval of Letter Supporting the Eel River Recovery Project's (ERRP) Eel River Water Conservation and Pollution Abatement Proposal to the State Water Resources Control Board Clean Up and Abatement Fund (Sponsors: Supervisors Brown and Pinches)

Recommended Action/Motion: Approve the letter of support for the Eel River Recovery Project's Eel River Water Conservation and Pollution Abatement Proposal, and authorize the Chair to sign same.

DISTRICT ATTORNEY

(f)          Adoption of a Resolution Authorizing Submittal of the FY 2013/14 Justice Assistance Grant (JAG), Anti-Drug Abuse (ADA) Grant to the Board of State and Community Corrections (BSCC), Assigning the District Attorney Grant Signatory Authority

Recommended Action/Motion: Adopt the Resolution authorizing the District Attorney's Office submission of the Anti-Drug Abuse Grant Application to the Board of State and Community Corrections (BSCC), and grant signatory authority to the District Attorney.

GENERAL SERVICES AGENCY

(g)        Approval of Award of Contract to Wipf Construction for the Installation of a Fire Protection System at the Mendocino County Avila Center, 790 S. Franklin St., Fort Bragg, CA and Authorize the General Services Agency Director to Sign the Contract Upon Receipt of the Bidder's Required Bonds and Certificates of Insurance; and Authorize the Facilities and Fleet Division Manager to Act as Project Manager and Approve Change Orders for the Project, Pursuant to Public Contract Code Section 20142

Recommended Action/Motion: Approve the award of a contract to Wipf Construction for the installation of a fire protection system at the Mendocino County Avila Center, 790 S. Franklin St., Fort Bragg, CA and authorize the General Services Agency Director to sign the contract upon receipt of the bidders required bonds and certificates of insurance; and authorize the Facilities and Fleet Division Manager to act as Project Manager and approve change orders for the project, pursuant to Public Contract Code Section 20142.

HEALTH AND HUMAN SERVICES AGENCY

(h)        Adoption of Resolution to Accept the Approach Set Forth in Welfare and Institutions Code Section 17600.50(a) that Requires a Redirection of Sixty Percent (60%) of the Health Realignment Revenues that would Otherwise be Provided to County Medical Services Program (CMSP) Counties and the Governing Board to a New State Account, the Family Support Services Subaccount

Recommended Action/Motion: Adopt the Resolution accepting the approach set forth in Welfare and Institutions Code Section 17600.50(a) that requires a redirection of sixty percent (60%) of the health realignment revenues that would otherwise be provided to County Medical Services Program (CMSP) Counties and the Governing Board to a new State account, the Family Support Services Subaccount.

HUMAN RESOURCES

(i)          Adoption of County of Mendocino Health Insurance Portability and Accountability Act (HIPAA) Certification Policy in Compliance with the Patient Protection Act and Affordable Care Act

Recommended Action/Motion: Adopt the County of Mendocino HIPAA Certification Policy; and direct the Executive Office to assign a policy number and place the new policy into the County's policy manual.

(j)          Adoption of a Resolution Amending Resolution No. 10-006 Implementing the Terms and Conditions of Employment for Unrepresented Management Employees and Exempt Elected Officials

Recommended Action/Motion: Adopt the Resolution amending Resolution No. 10-006 Implementing the Terms and Conditions of Employment for Unrepresented Management Employees and Exempt Elected Officials; and authorize Chair to sign same.

(k)        Adoption of a Resolution Amending Resolution No. 13-091 and Correcting Attachment A - Authorizing the Deletion / Addition / Budget Unit and FTE Changes of Positions

Recommended Action/Motion: Adopt the Resolution amending Resolution No. 13-091 and Correcting Attachment A - Authorizing the Deletion / Addition / Budget Unit and FTE Changes of Positions; and authorize Chair to sign same.

(l)          Adoption of a Resolution Amending the Position Allocation Table for District Attorney Budget Unit 2070 as Follows: Salary Grade Adjustment for Assistant District Attorney MA44 to Assistant District Attorney U44Z

Recommended Action/Motion: Adopt the Resolution amending the Position Allocation Table for District Attorney Budget Unit 2070 as Follows:  Salary Grade Adjustment for Assistant District Attorney MA44 to Assistant District Attorney U44Z; and authorize Chair to sign same.

(m)      Approval of Amendment to Board of Supervisors Agreement No. 12-136 with Liebert Cassidy Whitmore to Provide Contract Negotiations and Employer-Employee Relations Services with the County's Eight Bargaining Units Increasing the Total Compensation for the Period of December 11, 2012 through June 30, 2014, from $80,000 to $120,000

Recommended Action/Motion: Approve the amendment to Board of Supervisors Agreement No. 12-136 with Liebert Cassidy Whitmore and increase the total compensation for the period of December 11, 2012 through June 30, 2014, from $80,000 to $120,000 to provide contract negotiations and employer-employee relations services with the County's eight bargaining units.

LIBRARY

(n)        Approval of the Submission of Book-to-Action Grant Application in the Amount up to $3,000 for the Period of January 1, 2014 - December 31, 2014

Recommended Action/Motion: Approve grant augmentation application.

MENDOCINO COUNTY EMPLOYEES' RETIREMENT ASSOCIATION

(o)        Approval of Certification of the October 21, 2013, Board of Retirement Election,  Electing Randy Goodman, General Member, 2nd Seat, to a Term Beginning December 1, 2013; and Further Ordering that No Election be Held for the 7th Seat of the Board of Retirement, Pursuant to Government Code Section 31523, Directing the Retirement Administrator to Cast a Unanimous Ballot for Craig Walker, Safety Member, for Said Seat

Recommended Action/Motion: Certify the October 21, 2013, Board of Retirement Election results, and further order that no election be held for the 7th Seat, pursuant to Government Code Section 31523, directing the Retirement Administrator to cast a unanimous ballot in favor of Craig Walker, Safety Member, effective November 5, 2013.

(p)        Approval of Twelfth and Thirteenth Amendments to the Bylaws of the Mendocino County Employees Retirement Association (MCERA) Board of Retirement

Recommended Action/Motion: Approve the twelfth and thirteenth amendments to the MCERA Board of Retirement bylaws.

SHERIFF-CORONER

(q)        Adoption of a Resolution Replacing Resolution No. 13-094 for State of California SB 1022 Construction Funding

Recommended Action/Motion: Adopt the Resolution replacing Resolution No. 13-094 regarding State of California SB 1022 construction funding, authorizing the Chair to sign same.

TRANSPORTATION

(r)         Approval of Notice of Completion, Department of Transportation (DOT) Contract No. 070126, 2006 Storm Damage Repairs on Orr Springs Road, CR 223, M.P. 37.05 (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. 070126 with the County Recorder.

TREASURER-TAX COLLECTOR

(s)         Acceptance of the September 30, 2013 Report of Mendocino County Pooled Investments

Recommended Action/Motion: Accept the September 30, 2013 Report of Mendocino County Pooled Investments.

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