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 (Amended)

 

Regular Meeting

November 12, 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.:    Discussion and Possible Action Regarding the First Quarter Budget Report on the Status of County Departmental Budgets and Executive Office Recommendations for Fiscal Year (FY) 2013-2014 (See Item No. 5c)

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

1:30 p.m.:    Noticed Public Hearing Regarding Implementation of AB 1265 to Establish Shorter Williamson Act Contracts, Effective in Calendar Year 2013 (See Item No. 5d)

3:00 p.m.:    Report of the Mendocino County Clean Energy Program Ad Hoc Committee and Discussion and Possible Action Regarding Future Direction of the Committee (See Item No. 6b)

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 November 2013 as National Diabetes Awareness Month in Mendocino County (Sponsors: Supervisors Brown and Pinches)

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.

(c)         Discussion and Possible Action Regarding the First Quarter Budget Report on the Status of County Departmental Budgets and Executive Office Recommendations for Fiscal Year (FY) 2013-2014

Recommended Action/Motion: Accept the 1st Quarter Budget Report for FY 2013-2014 with Executive Office recommendations, and provide any desired direction relating to other items presented during this report.

AGRICULTURE

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

Recommended Action/Motion: Approve 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.  Send copies to County Counsel and members of the resource lands Protection Committee.

(e)        Presentation to the Board Introducing the Mendocino County Approved Source Program (Sponsors: Agriculture and Environmental Health)

Recommended Action/Motion: Receive the presentation introducing the Mendocino County Approved Source Program and provide direction to staff to move forward with the program roll-out, scheduled for January 1, 2014.

HUMAN RESOURCES

(f)          Approval of the 2014 Employee Health Plan Renewal Report, and Authorization to Increase Funding/Premiums for the Employee Health Plan 3% - 5% for the Calendar Year 2014

Recommended Action/Motion: 1) Approve the 2014 Employee Health Plan Renewal Report, and 2) Authorize Increase in Funding/Premiums for the Employee Health Plan by either 3% or 5% for the Calendar Year 2014.

PLANNING AND BUILDING SERVICES

(g)        Noticed Public Hearing - Adoption of Ordinance Approving Rezone No. R 5-2013, which would Rezone Approximately 47.28+/- Acres from Upland Residential- 40 Acre Minimum (UR-40) to Agriculture-40 Acre Minimum (AG-40) and Adoption of Resolution Approving Agricultural Preserve No. A 2-2013 (Laukenmann)

Recommended Action/Motion: Make the Environmental and General Plan Findings contained within the staff report and adopt the Ordinance approving the rezoning of a portion of Assessor's Parcel Number 160-014-21 and portion of 160-014-22 (approximately 47.28+- acres) from Upland Residential-40 acre minimum (UR-40) to Agriculture-40 acre minimum (AG-40); and further  approve Agricultural Preserve No. A 2-2013 finding the request to be consistent with the General Plan and Mendocino County Code Section 22.080.020 and  22.080.050, adopting the Resolution and authorizing the Chair to sign same.

(h)        Noticed Public Hearing - Adoption of Resolution Approving Agricultural Preserve No. A 1-2013 (Helmholz)

Recommended Action/Motion: Approve Agricultural Preserve No. A 1-2013 as recommended by the Planning Commission and adopt the Resolution finding the request to be consistent with the General Plan and Mendocino County Code Sections 22.08.020 and 22.08.050, authorizing the Chair to sign same.

(i)          Noticed Public Hearing - Adoption of Resolution Approving Agricultural Preserve No. A 3-2013 (Duckhorn Vineyards)

Recommended Action/Motion: Approve Agricultural Preserve No. A 3-2013 as recommended by the Planning Commission and adopt the Resolution finding the request to be consistent with the General Plan and Mendocino County Code Sections 22.08.020, authorizing the Chair to sign same.

TRANSPORTATION

(j)          Adoption of Resolution Accepting a Revised Purpose and Need Statement for the Brooktrails Second Access Project and Designation of Routes A, B and the "No Build" Alternatives Only for Further Development and Study with Remaining Funds - Also, Provide Direction to Staff for Requesting Additional $3.5 Million in STIP Programming to Complete Preliminary Engineering Environmental (PE Phase)

Recommended Action/Motion: By Resolution, accept a revised Purpose and Need Statement for the Brooktrails Second Access project and designation of Routes A, B and the "no build" alternative only for further development and study with remaining funds.  Also, provide direction to staff and MCOG for requesting additional $3.5 million in STIP programming to complete PE phase.

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)        Report of the Mendocino County Clean Energy Program Ad Hoc Committee and Discussion and Possible Action Regarding Future Direction of the Committee (Sponsors: Supervisors McCowen and Hamburg)

Recommended Action/Motion: Receive the report from the ad hoc committee and consider future direction to staff regarding the Mendocino County Clean Energy Program.

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.

(a)         Consent Item - Adoption of Resolution in Support of the United States Postal Service and the Postal Service Protection Act of 2013 (Sponsors: Supervisors McCowen and Hamburg)

Recommended Action/Motion: Adopt Resolution in support of the United States Postal Service and the Postal Service Protection Act of 2013, authorizing the Chair to sign same.

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

(b)        Pursuant to Government Code Section 54956.9(d)(1) - Conference with Legal Counsel - Existing Litigation: Dotty Coplen, et al. vs. County of Mendocino et al., Case No. SCUK CVPT 08052268, Mendocino County Superior Court

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)         October 21, 2013, Regular Board Meeting

(b)        October 22, 2013, Regular Board Meeting

BOARD OF SUPERVISORS

(c)         Approval of a Joint Letter, Written in Coordination with Sonoma County Board of Supervisors, to Humboldt County and Trinity County Board of Supervisors Requesting their Support for Golden Bear Broadband LLC and the Northern California Regional Middle Mile Infrastructure Project (Sponsors: Supervisors Hamburg and McCowen)

Recommended Action/Motion: Approve the joint letter, written in coordination with Sonoma County Board of Supervisors, to the Board of Supervisors of both Humboldt and Trinity counties requesting their official support for the Northern California Regional Middle Mile Infrastructure Project that is currently pending review by the CPUC Commissioners.

COUNTY COUNSEL

(d)        Adoption of Updated Conflict of Interest Code of the Eel River Charter School

Recommended Action/Motion: Adopt the updated Conflict of Interest Code of the Eel River Charter School by minute order and submit the same to Sue Ranochak, Assessor-Clerk-Recorder, Eel River Charter School, and County Counsel.

(e)        Approval of Automobile Allowance for the Chief Deputy County Counsel Position

Recommended Action/Motion: Approve the automobile allowance for the Chief Deputy County Counsel position, and distribute the approved paperwork to County Counsel, Human Resources, and Auditor.

EXECUTIVE OFFICE

(f)          Ratification of Letter of Support Regarding the City of Fort Bragg's Application for Grant Funding as Part of the California Coastal Commission's Whale Tail Grant Program

Recommended Action/Motion: Ratify the letter of support issued to the City of Fort Bragg in support of their application for grant funding through the California Coastal Commission's Whale Tail grant program.

PLANNING AND BUILDING SERVICES

(g)        Adoption of Resolution Consolidating the County of Mendocino's Coastal Development Permit for the Highway 1 Seaside Beach Storm Damage Repair Project with the California Coastal Commission Coastal Development Permit

Recommended Action/Motion: Adopt the Resolution Consolidating the County's CDP for the Caltrans' Highway 1 Seaside Beach Storm Damage Repair project with the California Coastal Commission's Coastal Development Permit, authorizing the Chair to sign same.

PROBATION

(h)        Approval of Budget Transfer in the Amount of $4,200 for the Purchase of a Radio Repeater for Juvenile Hall, and Add the Radio Repeater to the County's Approved List of Fixed Assets

Recommended Action/Motion: Approve a Budget Transfer in the amount of $4,200 for the purchase of a radio repeater for Juvenile Hall, and add the radio repeater to the County's Approved List of Fixed Assets.

SHERIFF-CORONER

(i)          Approval of Budget Transfer from Fund 4010 to Fund 4500 in the Amount of $23,624 to Better Track Justice Assistance Grant (JAG) Funds

Recommended Action/Motion: Approve the budget transfer request from fund 4010 to fund 4500 in the amount of $23,624 to better track Justice Assistance Grant Funds.

(j)          Approval of Budget Transfer in the Amount of $297,717 from the Jail Budget Unit 2510 to the Sheriff's Budget Unit 2310 for the Cost of Reimbursement to the Courts for Trial Court Security

Recommended Action/Motion: Approve the budget transfer in the amount of $297,717, from the Jail budget unit 2510 to the Sheriff's budget unit 2310 for the cost of reimbursement to the courts for trial court security.

(k)        Approval of Purchase of One Pair of Night Vision Goggles for Use by the Sheriff's Department and Add to the County's List of Approved Fixed Assets

Recommended Action/Motion: Approve the purchase of one set of night vision goggles and add to the County's list of Approved Fixed Assets.

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