Carre Brown

1st District Supervisor

Vice-Chair

John McCowen

2nd District Supervisor

John Pinches

3rd District Supervisor

Chair

Dan GJerde

4th District Supervisor

DAN HAMBURG

5th District Supervisor

 

 

 

 

CARMEL J. ANGELO

Chief Executive Officer/

Clerk of the Board

 

 

 

 

Douglas L. Losak

Acting 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

May 20, 2014 – 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.

11:30 a.m.: Noticed Public Hearing - Adoption of Resolution Confirming the Fiscal Year 2014-2015 Annual Report of the Mendocino County Lodging Business Improvement District (BID) Thereby Levying an Annual Assessment for the BID in Fiscal Year 2014-2015 (See Item No. 5d)

1:30 p.m.: Discussion and Possible Action Regarding the 3rd Quarter Budget Report on the Status of County Departmental Budgets for FY 2013-2014 and Executive Office Recommendations; Provide Direction for Development of the FY 2014-2015 Budget (See Item No. 5c)

3:00 p.m.: Noticed Public Hearing - Discussion and Possible Action on a Vested Rights Determination and a Proposed Amended Reclamation Plan (No. REC 1-2014) for the Harris Quarry Project, Allowing for the Annual Removal of up to 200,000 Cubic Yards of Material (Continued from April 22, 2014) (See Item No. 5e)

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 May 18-24, 2014 as Emergency Medical Services Week in Mendocino County, and Honoring the 2nd Annual Survivor's Reunion, May 21, 2014 (Sponsor: Health and Human Services Agency)

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

(Available Online at: http://www.co.mendocino.ca.us/administration/CEOReports.htm)

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 3rd Quarter Budget Report on the Status of County Departmental Budgets for FY 2013-2014 and Executive Office Recommendations; Provide Direction for Development of the FY 2014-2015 Budget

Recommended Action/Motion: Accept the 3rd Quarter Budget Report for FY 2013-2014 with Executive Office recommendations; and provide direction with regard to the development of the FY 2014-2015 budget.

PLANNING AND BUILDING SERVICES

(d)        Noticed Public Hearing - Adoption of Resolution Confirming the Fiscal Year 2014-2015 Annual Report of the Mendocino County Lodging Business Improvement District (BID) Thereby Levying an Annual Assessment for the BID in Fiscal Year 2014-2015

Recommended Action/Motion: Adopt and authorize the Chair to sign the Resolution confirming acceptance of the Fiscal Year 2014-2015 Annual Report of the Mendocino County Lodging Business Improvement District (BID) thereby levying an annual assessment for the BID in Fiscal Year 2014-2015.

(e)         Noticed Public Hearing - Discussion and Possible Action on a Vested Rights Determination and a Proposed Amended Reclamation Plan (No. REC 1-2014) for the Harris Quarry Project, Allowing for the Annual Removal of up to 200,000 Cubic Yards of Material (Continued from April 22, 2014)

Recommended Action/Motion: Adopt Resolution recognizing a vested rights claim for the Harris Quarry supported by the evidence in the record, approving the amended reclamation plan associated with the vested mine, and adopting a Mitigated Negative Declaration (MND).

TRANSPORTATION

(f)          Transportation Director's Report

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

(g)        Adoption of Mendocino County Multi-Hazard Mitigation Plan Update (County-Wide)

Recommended Action/Motion: Adopt the Mendocino County Multi-Hazard Mitigation Plan Update.

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)        Mendocino County Board of Supervisors Drought Ad Hoc Committee Report Out (Sponsors: Supervisors Brown and Hamburg)

Recommended Action/Motion: Accept the report from the Drought Ad Hoc Committee.

(c)         Informational Presentation on Collaborative Efforts to Reduce Consumption of Sugary Beverages (Sponsors: Supervisor Hamburg and Health and Human Services Agency)

Recommended Action/Motion: Accept the informational presentation regarding the collaborative efforts to reduce consumption of sugary beverages within Mendocino County.

(d)        Discussion and Possible Direction to Staff to Develop an Ordinance to Ban Fracking in Mendocino County (Sponsors: Supervisors Gjerde and Hamburg)

Recommended Action/Motion: Direct staff to prepare an ordinance banning fracking in Mendocino County, to be brought back for further Board consideration on or before their regular meeting of July 22, 2014.

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 Calendar -  Approval of Recommended Appointments/Reappointments (Mental Health Board) (Sponsor: Executive Office)

Board or Commission

Appointee

Category

Mental Health Board

Maureen O’Sullivan

3rd District Consumer

Recommended Action/Motion: Approve the following appointments/reappointments: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 54956.8 - Conference with Real Property Negotiator; Property/Physical Address: 24000 South Highway One, Point Arena (APN 027-061-04); Parties: County of Mendocino; Agency Negotiator: Kristin McMenomey; Under Negotiation: Surplus/Sale of Real Property

(c)         Pursuant to Government Code Section 54956.8 - Conference with Real Property Negotiator - Properties/Physical Addresses: 309 East Perkins St., Ukiah (APNs 002-232-12 and 002-232-13), 200 East Clay St., Ukiah (APNs 002-282-18, and 002-282-19); Parties: County of Mendocino; Agency Negotiator: Kristin McMenomey; Under Negotiation: Property Acquisition

(d)        Pursuant to Government Code Section 54957 - Public Employee Appointment - County Counsel

(e)         Pursuant to Government Code Section 54957 - Public Employee Appointment - Interim Library Director

(f)          Pursuant to Government Code Section 54957 - Public Employee Performance Evaluation - Chief Executive Officer

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)         State Water Resources Control Board - Notice of Department of Water Resources and United States Bureau of Reclamation's request to renew a Temporary Urgency Change to temporarily modify requirements in their water rights permit and license for the State Water Project and Central Valley Project in response to drought conditions; additional information is available online at www.waterboards.ca.gov/waterrights/water_issues/programs/drought/tucp.shtml.

(b)        State of California Natural Resources Agency, Wildlife Conservation Board - Notice of meeting to be held on May 22, 2014, in Sacramento California, including discussion and possible action on projects relative to Mendocino County; additional information may be found online at www.wcb.ca.gov.

(c)         State of California Fish and Game Commission - Notice of proposed regulatory action relative to sections 300 and 708, Title 14, California Code of Regulations, relating to upland game bird; additional information may be obtained by contacting Scott Gardner, Department of Fish and Wildlife, at (916) 801-6257, or by visiting www.fgc.ca.gov.

(d)        State of California Fish and Game Commission - Notice of proposed regulatory action relative to amending Section 502, Title 14, California Code of Regulations, relating to waterfowl regulations for the 2014-2015 seasons; additional information may be obtaining by contacting Melanie Weaver, Wildlife Branch, at (916) 445-3717, or by visiting www.fgc.ca.gov.

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 Alissa Colberg

(b)        Claim of Billy Cornett, II

(c)         Claim of Trumbull Services

Items Recommended for Approval:

MINUTES

(d)        May 6, 2014, Regular Board Meeting

GENERAL SERVICES AGENCY

(e)         Approval of Agreement to Purchase and Escrow Instructions for the Sale of Real Property, Generally Described as APN 095-100-14-00, 27304 Blue Lake Court, Willits, CA, 95490, and Authorize the Vice Chair to Sign the Agreement to Purchase and Escrow Instructions and all Other Necessary Documents Related to the Transaction

Recommended Action/Motion: Approve the agreement to purchase and escrow instructions for the sale of real property, generally described as APN 095-100-14-00, 27304 Blue Lake Court, Willits, CA, 95490, and authorizes the Vice Chair to sign the agreement and all other necessary documents related to the transaction.

(f)          Authorization to Acquire Replacement Vehicle for the Health and Human Services Agency, Social Services Division (Fixed Asset) Due to a Vehicle Accident, Approval of a Request for an Increase in Appropriations and Revenue in the Vehicle Replacement Fund Budget Unit 0711, Line Items 864370 and 826410 in the amount of $25,695.09 and Approval of a Revised Fixed Asset Schedule as an Amendment to the FY 13/14 Budget

Recommended Action/Motion: Authorize the acquisition of replacement vehicle for the Health and Human Services Agency, Social Services Division (Fixed Asset) due to a vehicle accident, approve a Request for an Increase in Appropriations and Revenue in the Vehicle Replacement Fund Budget Unit 0711, Line Items 864370 and 826410 in the amount of $25,695.09 and approve a revised Fixed Asset Schedule as an Amendment to the FY 13/14 Budget; and authorize the Chair to sign the same.

HEALTH AND HUMAN SERVICES AGENCY

(g)        Adoption of Resolution Approving the 2013-2014 Performance Contract with the Department of Health Care Services (DHCS) and Mendocino County Behavioral Health and Recovery Services (BHRS)

Recommended Action/Motion: Adopt and authorize the Chair to sign the Resolution approving the performance contract between the County of Mendocino and the California Department of Health Care Services, and further authorize Tom Pinizzotto, MSW, the HHSA Assistant Director over Behavioral Health and Recovery Services to sign and execute any future amendments that do not increase the maximum total.

HUMAN RESOURCES

(h)        Adoption of Resolution Authorizing Title Change, New Classification, Salary Grade, and Change to the Position Allocation Table as Follows: Budget Unit 2550, Juvenile Hall, Title Change of Head Cook to Head Cook - Juvenile Hall; Adopt Food & Laundry Services Supervisor - Salary Grade 28D; Budget Unit 2510, Sheriff, Delete One (1) FTE Head Cook, Add One (1) FTE Food & Laundry Services Supervisor; Authorize Reclassification and Associated Salary Adjustment to Affected Incumbent

Recommended Action/Motion: Adopt the Resolution authorizing new classification and salary grade, title change and change to the Position Allocation Table as follows: budget unit 2550, Juvenile Hall, title change of Head Cook to Head Cook - Juvenile Hall; adopt Food & Laundry Services Supervisor - salary grade 28D; budget unit 2510, Sheriff, delete one (1) FTE Head Cook, add one (1) FTE Food & Laundry Services Supervisor; and authorize reclassification and associated salary adjustment to affected incumbent and authorize Chair to sign same.

LIBRARY

(i)          Approval of the Mendocino County Library Standards of Behavior Policy, Privacy Policy, and Computer Use and Internet Policy

Recommended Action/Motion: Approve the Mendocino County Library Standards of Behavior Policy, Privacy Policy, and Computer Use and Internet Policy.

PLANNING AND BUILDING SERVICES

(j)          Approval of Amendment to Purchasing Agreement No. PA-14-02 with LACO Associates, Increasing Agreement Amount by $40,000 for a New Total Agreement of $90,000; and Extending Agreement Term to December 31, 2014 to Address Audit Findings and Complete the Implementation of Programs for the County's National Pollutant Discharge Elimination System (NPDES) Phase II Small MS4 General Permit

Recommended Action/Motion: Approve and authorize the Board Chair to sign amendment to agreement No. PA-14-02 increasing agreement amount by $40,000 for a new total agreement amount of $90,000 with LACO Associates; approve extension of Agreement term to December 31, 2014; and authorize the Planning and Building Services Director to sign any future amendments to the agreement that do not affect the maximum allowable amount.

(k)        Approval of Amendment to Purchasing Agreement No. PA-14-05 with LACO Associates, Increasing Agreement Amount by $22,000 for a New Total Agreement Amount of $67,000; and Extending Agreement Term to December 31, 2014 to Address Audit Findings and Assist the County in Fulfilling its On-going Lead Agency Obligations Under the California Surface Mining and Reclamation Act (SMARA)

Recommended Action/Motion: Approve and authorize the Board Chair to sign amendment to agreement No. PA-14-05 increasing agreement amount $22,000 for a new total agreement amount of $67,000 with LACO Associates; approve extension of agreement term to December 31, 2014; and authorize the Planning and Building Services Director to sign any future amendments to the agreement that do not affect the maximum allowable amount.

(l)          Authorization of the Issuance of Coastal Development Permit No. CDP 20-2013 (Marquardt) to Construct a Single Family Residence, Temporary Use of a Travel Trailer, and a Variance for the Garage (Gualala Area)

Recommended Action/Motion: Authorize the issuance of Coastal Development Permit No. CDP 20-2013 (Marquardt) as approved by the Coastal Permit Administrator.

(m)      Authorization of the Issuance of Coastal Development Permit No. CDP 3-2014 (Green) to Replace a Modular Home with a Custom Constructed Home (Point Arena Area)

Recommended Action/Motion: Authorize the issuance of Coastal Development Permit No. CDP 3-2014 (Green) as approved by the Coastal Permit Administrator.

SHERIFF-CORONER

(n)        Approval of a Budget Transfer in the Amount of $25,000 Necessary to Contract for an Environmental Impact Report in Preparation for a Jail Facility Modification State Grant Application

Recommended Action/Motion: Approve a budget transfer in the amount of $25,000 necessary to contract for an environmental impact report in preparation for a jail facility modification state grant application.

(o)        Approval of a Budget Transfer within Budget Unit 2830, Mendocino County Sheriff's Office, Office of Emergency Services to Recognize Unanticipated Revenue and Raise the Budget Amount for Special Department Expense

Recommended Action/Motion: Approve a budget transfer in Budget Unit 2830, Mendocino County Sheriff's Office, Office of Emergency Services to recognize unanticipated revenue and raise the budget amount for special department expense.

(p)        Approval of the Purchase of One Ford Crown Victoria Police Interceptor Sedan Set up for K9 Use from Sonoma County, Add the Item to the Counties Approved List of Fixed Assets, and Approve the Necessary Budget Transfer in the Amount of $7,500

Recommended Action/Motion: Approve the purchase of one Ford Crown Victoria Police Interceptor Sedan, add the item to the counties approved list of fixed assets, and approve the necessary budget transfer in the amount of $7,500.

TRANSPORTATION

(q)        Acceptance on Behalf of the Public of an Overflight Easement Above Minor Subdivision No. MS 4-2013 (Reiter), Located in Covelo Approximately 1± Miles Northwest of Town Center, Lying East of Tabor Lane (CR 337N) at its Intersection with Pomo Way (Private) (Covelo Area)

Recommended Action/Motion: Accept the Overflight Easement for the purposes specified thereon and direct the Clerk of the Board to deliver the deed to the Recorder for recording.

(r)         Adoption of Resolution Approving and Executing Memorandum of Agreement with the County of Humboldt to use Available Equipment, Equipment Operators, or Materials During Both Emergency and Non-Emergency Situations (County-Wide)

Recommended Action/Motion: Adopt the Resolution approving the Memorandum of Agreement with the County of Humboldt and authorize the Chair to sign same.

(s)         Adoption of Resolution Approving Parcel Map for Minor Subdivision No. MS 18-2005 (Gansz) and Accepting on Behalf of the Public, Parcel A as Designated on Said Map for the Purposes Specified Thereon, Located ±1 Mile North of the City of Fort Bragg, on the North Side of Airport Road, CR 427, ±1 Mile East of its Intersection with State Highway One (Fort Bragg Area)

Recommended Action/Motion: Adopt Resolution approving the Parcel Map for Minor Subdivision No. MS 18-2005, authorizing the Chair to sign same, and direct the Clerk of the Board to deliver the map to the Recorder for processing and recording.

(t)          Adoption of Resolution Authorizing Department of Transportation (DOT) to Advertise for Bids and Award DOT Contract No. 120015 for Construction of the Bridge Preventive Maintenance Program on Branscomb Road, CR 429, at M.P. 9.95; Branscomb Road, CR 429, at M.P. 10.50; and Eel River Road, CR 240B, at M.P. 6.20 (Westport and Potter Valley Areas)

Recommended Action/Motion: Adopt and authorize the Chair to sign the Resolution authorizing the Director of Transportation to advertise for construction bids and award DOT Contract No. 120015.

(u)        Approval of Letters to State Organizations and Government Officials Endorsing California State Association of Counties' (CSAC) Recommendation to the Governor for Repayment of Loans from the Highway Users Tax Account (HUTA) (County-Wide)

Recommended Action/Motion: Approve letters to state organizations and government officials concerning proposed revisions to the Budget Proposal for HUTA Loan Repayment, authorizing Chair to sign same.

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

·         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