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

December 10, 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.:    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)

1:30 p.m.:    Discussion and Possible Action Including the Adoption and Approval of the Mendocino County Clean Energy Program (MCCEP) (See Item No. 6d)

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 Recognizing and Honoring Anderson Valley Fire Chief Colin Wilson Upon his Retirement for his Dedicated Service to Public Safety (Sponsor: Supervisor Hamburg)

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)         Adoption of Resolution In Memory of Albert P. Beltrami, For His Years of Dedicated Service to the County of Mendocino and to His Community

Recommended Action/Motion: Adopt the Resolution as submitted, authorizing the Chair to sign same.

(d)        Informational Presentation on Behalf of the Mendocino County Film Commission, and Presentation of California On Location Award (COLA) to Department of Transportation Employee Dwane Boggs

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

(e)        Interview with Applicant and Possible Appointment to the Mendocino County Planning Commission: At-Large/Forestry Representative

Recommended Action/Motion: Appoint Mr. Roger Krueger as an At-Large/Forestry Representative to the Mendocino County Planning Commission, pursuant to Mendocino County Code Section 20.248.010.

TRANSPORTATION

(f)          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

(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 and authorize staff to present the Ordinance for adoption subsequent to proper notice.

(c)         Presentation of the Broadband Alliance of Mendocino County's (BAMC) Progress Report for 2013 (Sponsors: Supervisors Hamburg and McCowen)

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

(d)        Discussion and Possible Action Including the Adoption and Approval of the Following Related to the Mendocino County Clean Energy Program (MCCEP): Resolution Establishing Community Facilities Districts for Energy Efficiency, Water Conservation, and Renewable Energy Improvements Financing Program Policies; Contribution Agreement Between the County and Ygrene Energy Fund California, LLC for Reimbursement of County Staff Time; Resolution Declaring the County's Intention to Establish the County of Mendocino Community Facilities District No. 2013-1 (Clean Energy) and to Levy Special Taxes Therein to Finance or Refinance the Acquisition, Installation, and Improvement of Energy Efficiency, Water Conservation, and Renewable Energy Improvements Permanently Affixed to or on Real Property or in Buildings; Set a Public Hearing for January 21, 2014, at 1:30 P.M; and a Third Party Agreement Between the County and Ygrene Energy Fund California, LLC for MCCEP Administration (Sponsors: Supervisors McCowen and Hamburg)

Recommended Action/Motion: Adopt and approve the following related to the MCCEP:  Resolution establishing community facilities districts for energy efficiency, water conservation, and renewable energy improvements financing program policies; contribution agreement between the County and Ygrene Energy Fund California, LLC for reimbursement of County staff time; Resolution declaring the County's intention to establish the County of Mendocino Community Facilities District No. 2013-1 (Clean Energy) and to levy special taxes therein to finance or refinance the acquisition, installation, and improvement of energy efficiency, water conservation, and renewable energy improvements permanently affixed to or on real property or in buildings; set a public hearing for January 21, 2014, at 1:30 P.M; and a third party agreement between the County and Ygrene Energy Fund California, LLC for MCCEP administration.

(e)        Presentation and Status Report by Noyo Harbor District on Progress Moving Forward with Infrastructure Projects (Sponsor: Supervisor Gjerde)

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

(f)          Endorsement of Mendocino County Department of Transportation (DOT) Appeal Letter of the Coyote Valley Band of Pomo Indians (Tribe) Application to Bureau of Indian Affairs (BIA) for Pine Crest Fee-to-Trust (Redwood Valley Area) (Sponsors: Supervisor Brown and Department of Transportation)

Recommended Action/Motion: By Minute Order, support DOT's letter of November 27, 2013 and additional similar letter(s) to the Bureau of Indian Affairs (BIA) concerning the project; further, authorize and direct the Chair to sign appropriate correspondence.

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)         Board of State and Community Corrections 2012-2014 Biennial Inspection, Welfare and Institutions Code Section 209

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 Helen Hernandez

Items Recommended for Approval:

MINUTES

(b)        November 5, 2013, Regular Board Meeting

(c)         November 12, 2013, Regular Board Meeting

APPOINTMENTS

(d)        Appointment of Four Nominees to Two-Year Terms on the Mendocino County Lodging Business Improvement District (BID) Advisory Board

Recommended Action/Motion: Appoint Jim Hurst and Wendy Roberts as the BID Advisory Board's coastal region representatives, and appoint Anil Bhula and Robert Pinoli as the BID Advisory Board's inland region representatives.

(e)        Approval of Recommended Appointments/Reappointments

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

Board or Commission

Appointee

Category

Gualala Municipal Advisory Council

Ronald Eckert

Alternate

Gualala Municipal Advisory Council

Charles Ivor

Member

Potter Valley Cemetery District

Terry Elmer

Trustee

ASSESSOR/CLERK-RECORDER

(f)          Approval of Certification of the November 5, 2013 Consolidated District Election

Recommended Action/Motion: Approve the certification of the November 5, 2013 Consolidated District Election.

BOARD OF SUPERVISORS

(g)        Approval of Letter of Support Recognizing the Recreation and Education Benefits that Concessionaire Guides Can Provide to Jackson Demonstration State Forest (Sponsors: Supervisors Gjerde and Brown)

Recommended Action/Motion: Authorize the Chair to sign the proposed letter, supporting concessionaire guides in Jackson Demonstration State Forest.

(h)        Ratification of Letter to Ms. Sally Jewell, Secretary of the Interior Encouraging Further Support of Mendocino County's Coastline as a Protected Area (Sponsor: Supervisor Hamburg)

Recommended Action/Motion: Ratify the letter as executed by the Chair.

EXECUTIVE OFFICE

(i)          Acceptance of Report from the Mendocino County Superintendent of Schools on the Status of Decile 1-3 Schools in Mendocino County, Pursuant to Williams Legislation

Recommended Action/Motion: Accept the report for 2013/2014 pertaining to the Mendocino County Superintendent of Schools on the Status of Decile 1 - 3 Schools in Mendocino County pursuant to the Williams Legislation.

(j)          Approval of Submission of Ballot in Favor of Humboldt County Supervisor Mark Lovelace, the Sole Candidate, for Group 2 Counties on the County Medical Services Program (CMSP) Governing Board

Recommended Action/Motion: Approve the submission of a ballot in favor of Humboldt County Supervisor Mark Lovelace, the sole candidate, for Group 2 Counties on the County Medical Services Program (CMSP) Governing Board.

(k)        Ratification of Letter of Support to Prioritize Federal Funding for the Federal Payment-In-Lieu-of-Taxes Program in Fiscal Year 2014 Budget Negotiations

Recommended Action/Motion: Ratify the letter of support sent on November 20, 2013 prioritizing a reauthorization of funding for the federal Payments-In-Lieu-of-Taxes (PILT) program in Federal Fiscal Year 2014 Budget Negotiations.

GENERAL SERVICES AGENCY

(l)          Approval of General Services Agency, Risk Management Division Annual Destruction of General Liability Case Files as Listed in Attached Report and Pursuant to Government Code Section 26202 and County Counsel Opinion

Recommended Action/Motion: Approve the General Services Agency, Risk Management Division annual destruction of General Liability case files as listed in attached report and pursuant to Government Code section 26202 and County Counsel Opinion.

(m)      Approval of Request for an Increase in Appropriations and Revenue in the IT Reserve, Budget Unit 0717, Line Items 862239, 827700, and 750000 in the Amount of $144,236; Approval of Request for an Increase in Appropriations and Revenue in the Vehicle Replacement Fund, Budget Unit 0711, Line Items 864370, 826401, and 750001 in the Amount of $140,000

Recommended Action/Motion: Approve the request for an increase in appropriations and revenue in the IT Reserve, Budget Unit 0717, Line Items 862239, 827700, and 750000 in the amount of $144,236; Approve the request for an increase in appropriations and revenue in the Vehicle Replacement Fund, Budget Unit 0711, Line Items 864370, 826401, and 750001 in the amount of $140,000; and authorize Chair to sign the same.

HEALTH AND HUMAN SERVICES AGENCY

(n)        Approval of Agreement with California Department of Social Services - Adoptions in the Amount of $320,841 to Provide Adoption Services for Children & Family System of Care in Fiscal Year 2013/2014

Recommended Action/Motion: Approve and authorize the Board Chair to sign agreement with California Department of Social Services - Adoptions in the amount of $320,841 to provide adoption services for Children & Family System of Care in Fiscal Year 2013/2014, and authorize the HHSA Director to sign any future amendments to the agreement that do not affect the annual maximum amount.

(o)        Approval of Agreement with Chabot-Las Positas Community College District (Pleasanton, CA) for $325,000 to Provide Evidence Based Training for Foster Care Providers, Group Home Staff and County Staff Serving Mendocino County's Federally IV-E Eligible Children in FY 2013/2014

Recommended Action/Motion: Approve and authorize the Board Chair to sign Agreement with Chabot-Las Positas Community College District for $325,000 to provide Evidence Based Training for foster care providers, group home staff and County staff serving Mendocino County's Federally IV-E eligible children; and authorize the HHSA Director to sign any future amendments to the Agreement that do not increase the maximum allowable amount authorized by the Board of Supervisors.

HUMAN RESOURCES

(p)        Adoption of Resolution Amending the Position Allocation Table as Follows:  Adoption of Classifications and Associated Salary: General Services Agency Budget Unit 1610, Facility Project Specialist I, Salary Grade S33D and Facility Project Specialist II, Salary Grade S35D; Sheriff's Office Budget Unit 2310, Deputy Sheriff - Coroner in Training, Salary Grade C00Z

Recommended Action/Motion: Adopt the Resolution amending the Position Allocation Table as follows:  Adoption of Classifications and Associated Salary: General Services Agency Budget Unit 1610, Facility Project Specialist I, Salary Grade S33D and Facility Project Specialist II, Salary Grade S35D; Sheriff's Office Budget Unit 2310, Deputy Sheriff - Coroner in Training, Salary Grade C00Z; and authorize Chair to sign same.

(q)        Adoption of Resolution Approving the Memorandum of Understanding Between the County of Mendocino and the Mendocino County Association of Confidential Employees for the Term of December 10, 2013 through August 31, 2014

Recommended Action/Motion: Adopt the Resolution and approve Memorandum of Understanding between the County of Mendocino and the Mendocino County Association of Confidential Employees for the term of December 10, 2013 through August 31, 2014, and authorize Chair to sign same.

(r)         Adoption of Resolution Authorizing Changes to the Position Allocation Table As Follows:  Department of Transportation; Budget Unit 3010; Delete, One (1) FTE Assistant Director of Transportation; Add One (1) FTE Civil Engineer

Recommended Action/Motion: Adopt the Resolution authorizing changes to the Position Allocation Table as follows: Delete, one (1) FTE Assistant Director of Transportation from Budget Unit 3010; add one (1) FTE Civil Engineer to Budget Unit 3010 and authorize Chair to sign same.

LIBRARY

(s)         Approval of the Facility Modification or Improvements Forms for the Willits and Fort Bragg Libraries to Install Americans with Disabilities Act (ADA) Compliant Automatic Doors at the Front Entrances of Each Library and Approve the Corresponding Appropriations Transfer Form

Recommended Action/Motion: Approve Facility Modifications and Appropriation for automated ADA compliant doors at the front entrances of the Willits and Fort Bragg libraries, and sign corresponding appropriations transfer form.

(t)          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.

(u)        Approval of the Submission of California Reads Grant Application by the Ukiah Friends of the Library on Behalf of the Ukiah Library, in the Amount of up to $5,000 for the Period of Fall 2014

Recommended Action/Motion: Approve grant augmentation application.

MUSEUM

(v)        Approval of Request for Modifications of Revenues and Appropriations for FY 2013-2014 Museum Budget Unit No. 7112 - Museum Projects

Recommended Action/Motion: Approval of the Request for Modifications of Revenues and Appropriations in Budget Unit No. 7112 - Museum Projects for FY 2013-2014.

PLANNING AND BUILDING SERVICES

(w)       Adoption of Resolution Authorizing the Destruction of Certain Records within the Department of Planning and Building Services, Pursuant to Government Code Sections 26202, 26205 and 26205.1 and Health and Safety Code Sections 19850 and 19853

Recommended Action/Motion: Adopt resolution authorizing the destruction of certain records within the Department of Planning and Building Services pursuant to Government Code Sections 26202, 26205 and 26205.1 and Health and Safety Code Sections 19850 and 19853, and authorize Chair to sign the same.

(x)        Adoption of Resolution Consolidating the County of Mendocino's Coastal Development Permit to Allow Geotechnical Investigation Related to a Highway 1 Bridge Widening Project with the California Coastal Commission's Coastal Development Permit

Recommended Action/Motion: Adopt the Resolution to allow California Coastal Commission to process a dual jurisdiction Coastal Development Permit.

SHERIFF-CORONER

(y)         Approval for the Mendocino County Sheriff's Office, Office of Emergency Services, to Purchase and Add Equipment to the County's Approved List of Fixed Assets

Recommended Action/Motion: Approve the request to purchase one radio base station located at Laughlin Peak, one emergency shelter trailer in Covelo, one radio base station for the Mendocino County's communication trailer located in Ukiah, and five repeater systems one each located at, Point Arena, Gualala, Boonville, Mendocino and Laytonville, and add these items to the County's Approved List of Fixed Assets.

TRANSPORTATION

(z)         Adoption of an 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: Adopt the Ordinance establishing a prima facie speed zone on a portion of Mountain House Road, CR 111, near MacMillan Drive.

(aa)     Adoption of Resolution Approving and Executing Memorandum of Agreement with the City of Willits Concerning the East Hill Road Davis Creek Bridge Project (Willits Area)

Recommended Action/Motion: By Resolution, approve the Memorandum of Agreement with the City of Willits and authorize/direct Board Chairman to execute said Agreement on behalf of Mendocino County.

(bb)    Approval of Notice of Completion, Department of Transportation (DOT) Contract No. 110122, Feliz Creek Bridge Replacement on County Road 110 (Hopland Area)

Recommended Action/Motion: 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. 110122 with the County Recorder.

(cc)     Approval of Notice of Completion, Department of Transportation (DOT) Contract No. 130010, 2013 Fish Rock Road Sediment Reduction Project, CR 122, at Multiple Locations (Anchor Bay to Yorkville Area)

Recommended Action/Motion: 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. 130010 with the County Recorder.

(dd)    Approval of Notice of Completion, Department of Transportation (DOT) Contract No. 130024, 2011 Storm Damage Repairs on Tomki Road, CR 237D, M.P. 3.40 (Redwood Valley Area)

Recommended Action/Motion: 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. 130024 with the County Recorder.

(ee)    Approval of Notice of Completion, Department of Transportation (DOT) Contract No. 130028, 2012 Asphalt Concrete Overlay on Various County Maintained Roads (Willits, Fort Bragg, Albion Areas)

Recommended Action/Motion: 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. 130028 with the County Recorder.

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