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Carre Brown 1st District Supervisor Vice-Chair |
John McCowen 2nd District Supervisor |
John Pinches 3rd District Supervisor Chair |
Dan GJerde 4th District Supervisor |
DAN 5th District Supervisor |
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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 (Amended) Regular
Meeting January
21, 2014 – 9:00 AM Board
Chambers, Room 1070, County Administration Center |
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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
Please note that
all times provided are considered approximate.
9:15 a.m.: Noticed Public Hearing - Approval of
Resolution Amending the Land Use Classification of the General Plan for 26.23
Acres of land in the Willits Area from AG 40, RL 160, RMR 20 and RR 5 to RR 10,
Adoption of Ordinance Rezoning 26.23 Acres from AG 40 (Agriculture District-40
Acre Minimum) to RR-10 (Rural Residential-10 Acre Minimum) and Conditional
Approval of a Two Lot Minor Subdivision (See Item No. 5e)
9:30 a.m.: Mendocino County Board of Supervisors
Drought Ad Hoc Committee Report on its Initial Situational Assessment
Activities Related to the Ongoing Drought (See Item No. 6b)
11:00 a.m.: Closed Session (See Item No. 9)
1:30 p.m.: Noticed Public Hearing Regarding
Establishment of a Clean Energy Program in Mendocino County (See Item No. 5c)
1. Open Session
(a)
Roll Call
(b)
Pledge of Allegiance
2. Proclamations
Items in this
section are automatically adopted unless specifically pulled by a Supervisor.
Proclamations may be presented or commented on as needed.
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
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
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.
GENERAL
SERVICES AGENCY
(c)
Noticed Public Hearing
- Adoption of a Resolution Establishing the County of Mendocino Community
Facilities District No. 2013-1 (Clean Energy), and Providing for the Levy of a
Special Tax 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; and Authorizing Validation Action; Approval
of the Community Facilities District No. 2013-1 County of Mendocino Hearing
Report Dated January 21, 2014; Introduction and Waive Reading of an Ordinance
Levying a Special Tax for Fiscal Year 2013-2014 and Following Fiscal Years
Solely Within and Relating to the County of Mendocino Community Facilities
District No. 2013-1 (Clean Energy)
Recommended Action/Motion: Conduct the Public Hearing and
adopt a Resolution establishing the County of Mendocino Community Facilities
District No. 2013-1 (Clean Energy), and providing for the levy of a special tax
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; and authorizing
validation action; approve the Community Facilities District No. 2013-1 County
of Mendocino Hearing Report dated January 21, 2014; introduce and waive the
reading of an ordinance levying a special tax for Fiscal Year 2013-2014 and
following fiscal years solely within and relating to the County of Mendocino
Community Facilities District No. 2013-1 (Clean Energy); and authorize the
Chair to sign all necessary documents and transactions related to the action
taken by the Board.
HEALTH AND
HUMAN SERVICES AGENCY
Recommended Action/Motion: Accept the In-Home Support
Services (IHSS) Advisory Committee's annual report for Fiscal Year 2012/2013.
PLANNING
AND BUILDING SERVICES
(e)
Noticed Public Hearing
- Approval of Resolution Amending the Land Use Classification of the General
Plan for 26.23 Acres of land in the Willits Area from AG 40, RL 160, RMR 20 and
RR 5 to RR 10, Adoption of Ordinance Rezoning 26.23 Acres from AG 40 (Agriculture District-40 Acre Minimum) to
RR-10 (Rural Residential-10 Acre Minimum) and Conditional Approval of a Two Lot
Minor Subdivision
Recommended Action/Motion: Make the Environmental and
General Plan findings contained within the Planning Commission's motion and
Staff Report and pass the resolution approving a General Plan Land Use
Classification Amendment from AG 40, RL 160, RMR 40 and RR 5 to RR 10, adopt an
Ordinance approving the rezoning of Assessor's Parcel Numbers 105-220-01 and
105-220-03 from AG 40 to RR 10 and conditional approval of a two lot minor
subdivision.
TRANSPORTATION
(f)
Transportation
Director's Report
Recommended Action/Motion: Accept the report of the
Transportation Director.
Recommended Action/Motion: Conduct a public hearing and
adopt a Resolution to support Caltrans proposed load ratings for Bridge No.
10C-0166.
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 report from the
Drought Ad Hoc Committee.
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.
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.
Recommended Action/Motion: Approve the amended Third Party
Administration (TPA) Agreement between the County of Mendocino and Ygrene
Energy Fund California, LLC for the administration of the Mendocino County
Clean Energy Program (MCCP), thereby superseding BOS Agreement No. 13-069, and
authorize the Chair to sign same.
Recommended Action/Motion: Adopt Ordinance as presented or
as amended.
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(a) - Conference with Legal Counsel -
Existing Litigation: Dotty Coplen, et al. v. County of Mendocino; Mendocino
Superior Court Case No. SCUK-CVPT-08-52268
(c)
Pursuant
to Government Code section 54956.9(a) - Conference with Legal Counsel -
Existing Litigation: O'Brien v. County of Mendocino, Raley's, etc.; Mendocino
Superior Court Case No. SCUK-CVG-13-61758
(d)
Pursuant
to Government Code section 54956.9(a) - Conference with Legal Counsel -
Existing Litigation: Tomek Ulatowski v. Heritage House LP; Mendocino Superior
Court Case No. SCUK-CVG-13-62398
(e)
Pursuant
to Government Code Section 54956.9d(2) - Conference with Legal Counsel -
Anticipated Litigation: Significant Exposure to Litigation - One Case
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)
United States Federal Energy
Regulatory Commission - Notice of order granting temporary variance of minimum
flow requirement, submitted by Pacific Gas and Electric Company; for additional
information, please contact Mr. John Aedo, (415) 369-3335, john.aedo@ferc.gov.
(b)
State Board of Equalization -
Annual Report for Fiscal Year 2012-2013.
(c)
State of California Fish and Game
Commission - Notice of findings regarding the Townsend's big-eared bat; for
additional information, please contact Sonke Mastrup, Executive Director, Fish
and Game Commission, 1416 Ninth Street, Box 944209, Sacramento, CA 94244-2090,
phone (916) 653-4899.
(d)
State of California Fish and Game
Commission - Notice of findings regarding the American pika; for additional
information, please contact Sonke Mastrup, Executive Director, Fish and Game
Commission, 1416 Ninth Street, Box 944209, Sacramento, CA 94244-2090, phone
(916) 653-4899.
(e)
State of California Fish and Game
Commission - Notice of findings regarding the Northern spotted owl; for
additional information, please contact Sonke Mastrup, Executive Director, Fish
and Game Commission, 1416 Ninth Street, Box 944209, Sacramento, CA 94244-2090,
phone (916) 653-4899.
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
Items Recommended for Approval:
MINUTES
(b)
Minutes of the
December 10, 2013 Regular Board Meeting
(c)
Minutes of the
December 16, 2013 Regular Board Meeting
(d)
Minutes of the
December 17, 2013 Regular Board Meeting and Year-End Workshop
EXECUTIVE
OFFICE
Recommended Action/Motion: Approve the Adoption of a
Resolution Declaring a Local Emergency and Imminent Threat of Disaster in
Mendocino County Due to Drought Conditions.
GENERAL
SERVICES AGENCY
Recommended Action/Motion: Accept the Actuarial Report from
Bickmore Risk Services for the Self-Funded General Liability Program as of June
30, 2013.
(g)
Acceptance of
the Risk Management Insurance Program Annual Report for Fiscal Year 2012/2013
Recommended Action/Motion: Accept the Risk Management
Insurance Program Annual Report for fiscal year 2012/2013.
Recommended Action/Motion: Adopt the Resolutions declaring
surplus and authorizing the acceptance of sealed bids and/or oral bids for the
sale of real property, generally described as APNs: 118-500-45-00,
095-100-14-00, and 167-320-18-00, and authorize the Chair to sign same.
HEALTH AND
HUMAN SERVICES AGENCY
Recommended Action/Motion: Approve and authorize the Board
Chair to sign Agreement with Redwood Children's Services Inc. in the amount of
$300,000 to provide residential placement services for difficult to place youth
in Mendocino County for fiscal year 2013/2014; and authorize the HHSA Director
to sign any future amendments to the agreement that do not increase the annual
maximum amount.
SHERIFF-CORONER
Recommended Action/Motion: Approve the Agreement with
Universal Protection Services for the period November 17, 2013 through November
16, 2015, in the amount of $245,000 annually and Authorize the Chair to sign
same.
TRANSPORTATION
(k)
Adoption of
Resolution Approving Department of Transportation Agreement No. 130059 and
Accepting the Grant Deed Conveying Real Property from Jon B. Reed, for the
Acquisition of Rights of Way Needed for Construction of Permanent 2011 March Storm Damage Repairs on Mountain View Road, CR
510, M.P. 15.40 (Boonville Area)
Recommended Action/Motion: Adopt the Resolution accepting
and approving Department of Transportation Agreement No. 130059 with Jon B.
Reed, accept the Grant Deed conveying real property from Jon B. Reed, in
connection with Department of Transportation Project No. F-1106.114, and
authorize and direct the Board Chair to execute said Agreement and the
Statutory Certificate of Acceptance and direct the Clerk of the Board to submit
the Grant Deed to the County Department of Transportation office for further
processing and recording.
TREASURER-TAX
COLLECTOR
(l)
Acceptance of
the December 31, 2013 Report of Mendocino County Pooled Investments
Recommended Action/Motion: Accept the December 31, 2013
Report of Mendocino County Pooled Investments.
Recommended Action/Motion: Adopt the Ordinance delegating
authority to invest or reinvest the funds of the County and its other
depositors in the County Treasury to the Treasurer for calendar year 2014.
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