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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Douglas L. Losak Acting County Counsel |
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(707) 463-4441 Fax (707) 463-5649 cob@co.mendocino.ca.us |
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Mendocino
Agenda Regular
Meeting July
22, 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.
10:15 a.m.: Informational Update Regarding the CEO's
Reponse to the Grand Jury Report on the Mendocino County Free Library (See Item No. 5d)
1:30 p.m.: Noticed Public Hearings Regarding Proposed Mixed Use Ordinance and
Zaina Rezone (See
Item Nos. 5e - g)
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
(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)
Presentation,
Discussion and Possible Action to Adopt a Revision to Mendocino County Policy
No. 1 - Purchasing, Leasing and Contracting Policy Thereby Superseding the
Previous Mendocino County Policy No. 1 Adopted by the Board of Supervisors on April 17, 2007 (Sponsors: Executive
Office and General Services Agency)
Recommended Action/Motion: Adopt the revised Mendocino
County Policy No. 1 - Purchasing, Leasing and Contracting Policy thereby
superseding the previous Mendocino County Policy No. 1 adopted by the Board of
Supervisors on April 17, 2007.
Recommended Action/Motion: Receive informational update
provided by the CEO.
PLANNING
AND BUILDING SERVICES
Recommended Action/Motion: Amend the Inland Zoning
Ordinance and adopt the proposed Mixed Use Zoning District as recommended by
the Planning Commission (OA 1-2014) finding that: (1) The UVAP EIR evaluated
the creation of the Mixed Use General Zoning District (MU-2), and therefore
adoption of the MU-2 Zoning District is exempt from further environmental
review, pursuant to California Code of Regulations, Section 15162.a.; and (2)
The proposed amendment is consistent with the applicable goals and policies of
the General Plan and the Ukiah Valley Area Plan.
Recommended Action/Motion: Make the Environmental and
General Plan findings contained within the Planning Commission's motion and
adopt a resolution approving the Community Design Guidelines, authorizing the
Chair to sign same.
(g)
Noticed
Public Hearing - Adoption of Ordinance Rezoning Approximately 9.0 Acres of the
Zaina Property (APN 184-140-14) Currently Zoned SR (Suburban Residential) to
MU-2 (Mixed Use General) Located in Ukiah at the Intersection of South State Street and Stipp Lane (R 2-2014)
Recommended Action/Motion: Adopt an Ordinance to rezone a
9-acre portion of the Zaina property (APN 184-140-14) from Suburban Residential
(SR) to Mixed Use General (MU-2) as recommended by the Planning Commission, and
finds that: (1) The UVAP EIR evaluated the rezone of the 9-acre portion of the
Zaina property and found it consistent with the Mixed Use General land use
designation, and therefore determined the rezone is exempt from further
environmental review, pursuant to California Code of Regulations, Sections
15162.a and 15183; and (2) The proposed rezone is consistent with the
applicable goals and policies of the General Plan and Ukiah Valley Area Plan,
including that the Mixed Use General Zoning District is consistent with and
implements the UVAP Mixed Use General land use classification.
TRANSPORTATION
(h)
Transportation
Director's Report
Recommended Action/Motion: Accept the report of the
Transportation Director.
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
Out of the Mendocino County Drought Ad Hoc Committee and Discussion and
Possible Action Regarding Letters to the State Water Resources Control Board
and Sonoma County Water Agency, Urging Action to Minimize Releases from Lake Mendocino (Sponsors: Supervisors Brown and
Hamburg)
Recommended Action/Motion: Accept the report of the Drought
Ad Hoc Committee and approve the letters to the State Water Resources Control
Board and Sonoma County Water Agency, urging action to minimize releases from
Lake Mendocino, authorizing the Chair to sign same and directing staff to
transmit.
Recommended Action/Motion: Accept the informational
presentation from the Food Policy Council regarding the Food Action Plan.
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
Public Facilities Corporation; and the Mendocino County Water Agency.
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.
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, Tammi Weselsky, Juanie Cranmer, and Donna
Williamson; Employee Organization(s):
All
(b)
Pursuant
to Government Code Section 54956.8 - Acquisition and Sale of Real Property
Interest(s), Physical Address: 125 E. Commercial Street - APN's 005-212-04,
005-212-05, 005-212-18; Parties: County of Mendocino GSA Director, Negotiator
for the County; Administrative Office of the Courts, Owner
(c)
Pursuant
to Government Code Section 54956.9(a) - Conference with Legal Counsel -
Existing Litigation: Dotty Coplen, et al. v. County of Mendocino; Mendocino
County Superior Court Case No. SCUK CVPT 08-52268
(d)
Pursuant
to Government Code Section 54956.9d(2) - Conference with Legal Counsel -
Anticipated Litigation - Two Cases
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 Fish and Game Commission -
Notice of location change for discussion/adoption hearings on proposed
regulatory actions; for additional information please contact Mr. Sonke
Mastrup, Executive Director, (916) 653-4899, or visit www.fgc.ca.gov.
(b)
State Fish and Game Commission -
Notice of receipt of petition to list the flat-tailed horned lizard as
endangered under the California Endangered Species Act; for additional
information please contact Ms. Laura Patterson, Wildlife Branch, (916)
341-6981, or visit www.fgc.ca.gov.
(c)
State Water Resources Control
Board - Notice informing the Board of Supervisors that on June 30th, the State
Water Board mailed 129 curtailments notices to junior water right holders
within the Eel River watershed which includes the North Fork Eel, Mainstream
Eel and Van Duzen River areas; for additional information, please visit
www.waterboards.ca.gov/waterrights/
water_issues/programs/drought/docs/water_availability.shtml.
(d)
State Water Resources Control
Board - Notice of July 15, 2014 State Water Board meeting considering proposed
emergency regulations pertaining to the prohibition of activities and mandatory
actions during the drought emergency; for additional information please visit
www.waterboards.ca.gov/board_info/calendar/.
(e)
State Water Resources Control
Board - Notice of agenda item and draft resolution for item 10 at the July
15-16, 2014 Board Meeting regarding drought-related emergency regulations for
Urban Water Conservation; for additional information please visit
www.waterboards.ca.gov/ board_info/agendas/2014/jul/07151614agnd_revised.pdf.
(f)
State Water Resources Control
Board - Notice of updated fact sheet for the Urban Water Conservation emergency
regulations that is scheduled for adoption at the July 15-16, 2014 Board
Meeting; for additional information please visit
www.waterboards.ca.gov/board-info/ agendas/2014/jul/07151614agnd_revised.pdf.
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
(b)
Claim
of Rural Broadband Now, LLC
Items Recommended for Approval:
MINUTES
(c)
July
8, 2014 Regular Board Meeting
ASSESSOR/CLERK-RECORDER
Recommended Action/Motion: Authorize the County Clerk to
conduct and consolidate the Laytonville Unified School District Measure
(Measure Q), with the Gubernatorial General Election scheduled for Tuesday,
November 4, 2014.
Recommended Action/Motion: Authorize the County Clerk to
conduct and consolidate the Southern Humboldt Joint Unified School District's
Bond Measure (Measure X), with the Gubernatorial General Election scheduled for
Tuesday, November 4, 2014.
BOARD OF
SUPERVISORS
Recommended Action/Motion: Adopt the Ordinance adding
Chapter 9.42 to Title 9 of the Mendocino County Code, titled "Disposable
Food Ware."
Recommended Action/Motion: Adopt and authorize the Chair to
sign the Resolution granting permission for the Mendocino County Fair and Apple
Show to hold a parade on Sunday, September 14, 2014 between 12:00 p.m. and 1:30
p.m. along Highway 128 in Boonville, and further authorize the Clerk of the
Board to forward copies of the Resolution to the District Permit Coordinator,
Caltrans (Eureka), the California Highway Patrol, and the Fair Manager.
GENERAL
SERVICES AGENCY
(h)
Approval
of Agreement with Toshiba Business Solutions (Toshiba), Estimated at $336,279
Per Year for a Period of Three Years, for the Acquisition of Multifunction
Copier Devices and Maintenance Services, Following the Los Angeles World Airports' (LAWA) Competitively Awarded Contract;
Amending the County's Fixed Asset List with the Associated Components as
Detailed in Exhibit D of the Agreement; Authorizing the Purchasing Agent to
Execute Any and All Necessary Documents Related to the Transaction; and Further
Authorizing the Purchasing Agent to Sign Any Future Amendments to the Agreement
that do not Alter the Fiscal Aspects of the Toshiba Master Copier Contract
Recommended Action/Motion: Approve the agreement with
Toshiba Business Solutions (Toshiba), estimated at $336,279 per year for a
period of three years for the acquisition of multifunction copier devices and
maintenance services, following the Los Angeles World Airports' (LAWA)
competitively awarded contract; approve an amendment to the County's Fixed
Asset list with the associated components as detailed in Exhibit D of the
agreement; authorize the Purchasing Agent to execute any and all necessary
documents related to the transaction; and further authorize the Purchasing
Agent to sign any future amendments to the agreement that do not alter the
fiscal aspects of the Toshiba master copier contract.
HEALTH AND
HUMAN SERVICES AGENCY
Recommended Action/Motion: Approve and authorize the Board
Chair to sign the agreement with Ford Street Project in the amount of $145,275
to provide for the provision of the homeless shelter and for homeless and
indigent services in Ukiah in Fiscal Year 2014-15; and authorize the HHSA
Director to sign any future amendments to the agreement that do not affect the
annual maximum amount.
Recommended Action/Motion: Approve and authorize the Board
Chair to sign agreement for $656,454, with TLC Child & Family Services, to
provide emergency shelter care for children placed by HHSA - CFSOC; and
authorize the HHSA Director to sign any future amendments to the contract that
do not affect the annual maximum allowable amount authorized by the Board of
Supervisors in this agreement.
(k)
Approval
of Amendment to the Workforce Investment Board (WIB) Local Elected Official
(LEO)/Administrative Staff Partnership Agreement (BOS Agreement No. 02-073) to
Transfer the Administrative Oversight of this Program from Social Services to Planning and Building
Recommended Action/Motion: Approve and authorize the Board
Chair to sign the amendment to the Workforce Investment Board/Local Elected
Official/Administrative Staff Partnership Agreement.
(l)
Ratification
of Intergovernmental (IGT) Transfer Assessment Fee Agreement and IGT Public
Funds Agreement and the Health Plan-Provider Agreement as Executed by Mendocino
County Health and Human Services Public Health for Services Benefitting Medi-Cal Patients
Recommended Action/Motion: Ratify the CEO approval for
Mendocino County Health and Human Services Agency (HHSA) to pursue
Intergovernmental Transfer Agreements (Assessment Fee and Transfer of Public
Funds) with the California Department of Health Care Services; and the Health
Plan Provider Agreement with Partnership Health Plan; and authorize the HHSA
Director to sign any future amendments to the agreements that do not affect the
annual maximum amount.
HUMAN
RESOURCES
Recommended Action/Motion: Adopt the Resolution amending
the hourly pay rate of Work Experience Trainee classification in accordance
with California minimum wage effective July 1, 2014, and authorize Chair to
sign same.
(n)
Adoption
of Resolution Authorizing Changes to the Position Allocation Table as Follows:
Move From Budget Unit 5010, HHSA, To Budget Unit 2851, Planning & Building
Services: One (1) FTE Program Specialist II, One (1) FTE Staff Services Administrator; Budget Unit 4012 HHSA: Delete One (1) FTE
Substance Abuse Counselor II; Budget Unit 2851, Planning & Building
Services: Add One (1) FTE Senior
Department Analyst
Recommended Action/Motion: Adopt the Resolution authorizing
changes to the Position Allocation Table as follows: move from Budget Unit
5010, HHSA, to Budget Unit 2851, Planning & Building Services: one (1) FTE
Program Specialist II, one (1) FTE Staff Services Administrator; Budget Unit
4012 HHSA: delete one (1) FTE Substance Abuse Counselor II; Budget Unit 2851,
Planning & Building Services: add
one (1) FTE Senior Department Analyst, and authorize Chair to sign same.
PLANNING
AND BUILDING SERVICES
Recommended Action/Motion: Approve and authorize the Board
Chair to sign the agreement with the Mendocino County Lodging Association for
the services, activities, and programs of the Mendocino County Lodging Business
Improvement District.
Recommended Action/Motion: Approve and authorize the Board
Chair to sign the agreement with the Mendocino County Promotional Alliance, for
the promotion and marketing of Mendocino County, estimated in the amount of
$325,000.
PROBATION
Recommended Action/Motion: Approve and authorize the Board
Chair to sign the agreement with Justice Benefits Inc. (JBI) in the amount of
$56,400 to provide Title IV-e claiming services; and authorize the Chief
Probation Officer to sign any future amendments to the Agreement that do not
increase the annual maximum amount.
Recommended Action/Motion: Approve and authorize the Board
Chair to sign the agreement with the Mendocino County Youth Project in the
amount of $95,000 to conduct the Foundations Program, and to provide
dual-diagnosis counseling services for Fiscal Year 2014-15.
Recommended Action/Motion: Approve and authorize the Board
Chair to sign the AB109 Community Corrections funded agreement amendment with
B.I. Incorporated in the amount of $360,000 for Adult Day Reporting Center
services for FY 13-14.
Recommended Action/Motion: Approve and authorize the Board
Chair to sign the AB109 Community Corrections funded agreement amendment with
B.I. Incorporated in the amount of $360,000 for Adult Day Reporting Center
services for FY 14-15..
SHERIFF-CORONER
Recommended Action/Motion: Adopt and authorize the Chair to
sign the Resolution authorizing the Director and Assistant Director of Emergency
Services to execute any actions necessary for the administration of the Federal
Department of Homeland Security, FY 2014 Emergency Management Performance
Grant.
Recommended Action/Motion: Adopt and authorize the Chair to
sign the Resolution authorizing the Mendocino County Sheriff's Office, Office
of Emergency Services, to submit a grant application for the 2014 Homeland
Security Grant Program with the California Office of Emergency Services.
Recommended Action/Motion: Authorization for the Mendocino
County Sheriff's Office, Office of Emergency Services, to purchase emergency
services equipment prior to the adoption of the FY 2014-15 Final Budget, and
add equipment to the County's approved list of fixed assets.
TRANSPORTATION
(x)
Adoption
of Resolution Approving Amendment No. 7 to Board of Supervisors (BOS) Agreement
No. 02-269/Department of Transportation (DOT) Agreement No. 990106 (Rev 1), in
the Amount of $105,800, for Construction
Support Services with Quincy Engineering, Inc. for the School Way Bridge
Replacement over Russian River at School Way, CR 236 (Redwood Valley Area)
Recommended Action/Motion: Adopt and authorize the Chair to
sign the Resolution approving Amendment No. 7 to BOS Agreement No. 02-269/DOT
Agreement No. 990106 (Rev 1) in the amount of $105,800 with a $20,000
contingency, and authorize the Director of Transportation to sign any and all Amendments
to the Agreement that will not result in an increased cost beyond the
above-listed authorized amount.
(y)
Adoption
of Resolution Approving Department of Transportation (DOT) Agreement No. 140062,
Professional Services Agreement with Harris & Associates in the Amount of
$779,900, for Construction Engineering Services for the School Way Bridge Replacement over Russian River at School Way, CR
236 (Redwood Valley Area)
Recommended Action/Motion: Adopt and authorize the Chair to
sign the Resolution approving DOT Agreement No. 140062 in the amount of
$779,900, with a $39,000 contingency, and authorize the Director of
Transportation to sign any and all amendments to the Agreement that will not
result in an increased cost beyond the above-listed authorized amount.
TREASURER-TAX
COLLECTOR
Recommended Action/Motion: Approve the Outdoor Festival
Application for the Art in the Redwoods Festival and authorize the Tax
Collector to issue the Outdoor Festival License.
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
·
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