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

Interim 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

December 16, 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.

9:45 a.m.:   Noticed Public Hearing - Adoption of a Resolution Adopting an Initial Study/ Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program in Compliance with California Environmental Quality Act Requirements for the Construction of a Pedestrian Bridge on Branscomb Road, CR 429, M.P. 25.41 Over Ten Mile Creek (Laytonville Area) (See Item No. 5j)

10:00 a.m.: Discussion and Possible Action Regarding Transmittal of Correspondence Associated with Hours of Operation for the Mendocino County Health and Human Services Agency (See Item No. 5d)

10:30 a.m.:            Presentation of Employee Service Awards for 15-35 Years of Service - Followed by a Reception with the Board (See Item No. 5e)

1:35 p.m.:   Noticed Public Hearing - Adoption of a Resolution Amending the General Plan Land Use Classification of a 144 Acre Parcel in the Yorkville Area from Rangeland-160 Acre Minimum (RL:160) to Agriculture-40 Acre Minimum (AG:40), and Adoption of an Ordinance Rezoning 144 Acres from RL:160 to AG:40 on Assessor's Parcel Number 049-370-63, in the Yorkville Area (See Item No. 5f)

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.

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 on matters of legislation.

(c)         Discussion and Possible Action Regarding Board Ad Hoc Committees Including Disbanding Committees that have Concluded Business Pursuant to Board of Supervisors Rules of Procedure - Rule No. 31

Recommended Action/Motion: Ad hoc committee members provide status reports pertaining to their respective committees, directing that the committees remain in "active" status, or directing that the referral has been concluded thereby disbanding the ad hoc committee(s).

HEALTH AND HUMAN SERVICES AGENCY

(d)        Discussion and Possible Action Regarding Transmittal of Correspondence Associated with Hours of Operation for the Mendocino County Health and Human Services Agency (Sponsors: Health and Human Services Agency and Executive Office)

Recommended Action/Motion: Approve the transmittal of a letter to CASA of Mendocino and Lake Counties in response to their letter of October 17, 2014, regarding HHSA hours of operation.

HUMAN RESOURCES

(e)         Presentation of Employee Service Awards for 15-35 Years of Service - Followed by a Reception with the Board

Recommended Action/Motion: Present Employee Service Awards to eligible recipients for 15-35 years of service to Mendocino County, followed by a reception in their honor in Conference Room A.

PLANNING AND BUILDING SERVICES

(f)          Noticed Public Hearing - Adoption of a Resolution Amending the General Plan Land Use Classification of a 144 Acre Parcel in the Yorkville Area from Rangeland-160 Acre Minimum (RL:160) to Agriculture-40 Acre Minimum (AG:40), and Adoption of an Ordinance Rezoning 144 Acres from RL:160 to AG:40 on Assessor's Parcel Number 049-370-63, in the Yorkville Area

Recommended Action/Motion: Adopt a Resolution amending the General Plan Land Use Classification of a 144 acre parcel in the Yorkville Area from Rangeland-160 acre minimum (RL:160) to Agriculture-40 acre minimum (AG:40), and adopt an Ordinance rezoning 144 Acres from RL:160 to AG:40 on Assessor's Parcel Number AP# 049-370-63, in the Yorkville Area, as recommended by the Planning Commission, and authorize Chair to sign same.

(g)        Informational Update on the Status of the Mendocino Town Local Coastal Plan Amendment (LCPA) and Possible Direction or Consideration of Coastal Commission Comments Regarding the Submitted Mendocino Town LCPA

Recommended Action/Motion: Accept the Mendocino Town LCPA status report and, as necessary, direct PBS to respond to Coastal Commission comments regarding the LCPA.

PROBATION

(h)        Introduction and Waive Reading of an Ordinance Amending Section 2.65.010 of Chapter 2.65 of Title 2 of the Mendocino County Code Entitled "Cost of Probation, Presentence Report; Order for Payment According to Ability; Modification; Enforcement; Allocation of Sums Paid"

Recommended Action/Motion: Introduce and waive the reading of an Ordinance amending Section 2.65.010 of Chapter 2.65 of Title 2 of the Mendocino County Code entitled "Cost of Probation, Presentence Report; Order for Payment According to Ability; Modification; Enforcement; Allocation of Sums Paid."

TRANSPORTATION

(i)          Transportation Director's Report

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

(j)          Noticed Public Hearing - Adoption of a Resolution Adopting an Initial Study/ Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program in Compliance with California Environmental Quality Act Requirements for the Construction of a Pedestrian Bridge on Branscomb Road, CR 429, M.P. 25.41 Over Ten Mile Creek (Laytonville Area)

Recommended Action/Motion: Conduct the public hearing, adopt the Resolution adopting a Mitigated Negative Declaration for the project, authorize the Director of Transportation to file the Notice of Determination, and authorize the Chair to sign the Resolution.

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)        General Plan Ad Hoc Committee Report Out, Discussion and Possible Action Regarding the Planning and Building Services 2014-2015 Advanced Planning Work Program, and Approval of Disbanding Said Committee (Sponsors: Supervisors Brown and Pinches)

Recommended Action/Motion: Accept the report of the ad hoc committee, provide any necessary direction regarding the Planning and Building Services 2014-2015 Advanced Planning Work Program, and approve the disbanding of said committee.

(c)         Adoption of a Resolution Supporting the Dedication of Memorial Bridge No. 01-0165 on US Highway 101 as Portion of the Willits Bypass Project, in the Willits Area, in Memory of United States Navy SEAL Jesse Pittman (Sponsor: Supervisor Pinches)

Recommended Action/Motion: Adopt the Resolution supporting the dedication of Memorial Bridge No. 01-0165 on US Highway 101 as portion of the Willits Bypass Project, in the Willits Area, in memory of United States Navy SEAL Jesse Pittman.

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 Public Facilities Corporation; and the Mendocino County Water Agency.

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)   Closed Session:  Pursuant to Government Code Section 54956.9(a) - Conference with Legal Counsel - Existing Litigation: Dennis C. O'Brien v. Board of Supervisors of Mendocino County; Mendocino County Superior Court Case No. SCUK-CVPT-14-64649

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, Tammi Weselsky, Juanie Cranmer, Cherie Johnson, and Donna Williamson; Employee Organization(s):  All

(b)        Pursuant to Government Code Section 54956.9(b) - Conference with Legal Counsel - Significant Exposure to Litigation - One Case

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 Resource Control Board - Notice of temporary lifting of curtailment for diversions specified in the Scott River Adjudication in the Scott River Watershed; for additional information please contact the Drought Year Curtailment Hotline, (916) 341-5342.

(b)        State Water Resource Control Board - Notice of supplemental water quality report and hydrologic status report for the Russian River as required by the August 25th Order approving the agency's petition for temporary urgency change in Permit 12947A. 12949, 12950, and 16596; for additional information please contact John Mendoza, Engineer III, Sonoma County Water Agency, (707) 547-1929.

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 Laura Dale

Items Recommended for Approval:

MINUTES

(b)        December 2, 2014, Regular Board Meeting

(c)         December 9, 2014, Regular Board Meeting

COUNTY COUNSEL

(d)        Adoption of Resolution Rescinding Approval of Use Permit and Reclamation Plan No. U 4-2008 (Kunzler Terrace Mine) and the Final Environmental Impact Report Related Thereto

Recommended Action/Motion: Adopt Resolution rescinding approval of Use Permit and Reclamation Plan No. U 4-2008 (Kunzler Terrace Mine) and the Final Environmental Impact Report related thereto.

EXECUTIVE OFFICE

(e)         Acceptance of the First Quarter Budget Report on the Status of County Departmental Budgets for Fiscal Year (FY) 2014-2015

Recommended Action/Motion: Accept the First Quarter Budget Report for FY 2014-2015.

(f)          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 2014/2015 from the Mendocino County Superintendent of Schools on the Status of Decile 1 - 3 Schools in Mendocino County, pursuant to the Williams Legislation.

(g)        Approval to Update By-Laws for the Mendocino County Child Care Planning Council

Recommended Action/Motion: Approve the updated by-laws of the Mendocino County Child Care Planning Council.

GENERAL SERVICES AGENCY

(h)        Approval of Out of Country Travel for the General Services Agency Director to Participate in the Annual California State Association of Counties-Excess Insurance Authority (CSAC-EIA) Property Renewal Program Negotiations Serving as the Vice President of the CSAC-EIA Board of Directors

Recommended Action/Motion: Approve the out of country travel for the General Services Agency Director to participate in the annual California State Association of Counties-Excess Insurance Authority (CSAC-EIA) Property Renewal Program Negotiations serving as the Vice President of the CSAC-EIA Board of Directors.

HUMAN RESOURCES

(i)          Adoption of Resolution Authorizing Changes to the Position Allocation Table as Follows: Budget Unit 2310; Delete One (1) FTE Sheriff's Technology Specialist; Add One (1) FTE Applications Developer / Analyst I

Recommended Action/Motion: Adopt the Resolution authorizing changes to the Position Allocation Table as follows: Budget Unit 2310; delete one (1) FTE Sheriff's Technology Specialist; add one (1) FTE Applications Developer / Analyst I, and authorize Chair to sign same.

MENDOCINO COUNTY EMPLOYEES' RETIREMENT ASSOCIATION

(j)          Ratification of Employment Agreement with James Wilbanks for the Position of Retirement Administrator, Mendocino County Employees' Retirement Association

Recommended Action/Motion: Ratify Employment Agreement with James Wilbanks for the position of Retirement Administrator.

SHERIFF-CORONER

(k)        Approval to Add a Capital Improvement Project Upgrading Showers in Building Two of the Jail to Comply with Title 15 of the California Code of Regulations

Recommended Action/Motion: Approve the addition of the Capital Improvement Project upgrading showers in building two of the jail to comply with Title 15 of the California Code of Regulations.

TRANSPORTATION

(l)          Adoption of Resolution Approving Department of Transportation (DOT) Agreement No. 140106, Amendment No. 4 to the Subdivision Improvement Agreement, and DOT Agreement No. 140107, Amendment No. 4 to the Subdivision Monumentation Agreement, Providing for an Extension of Time for Performance of Certain Improvements for Vichy Springs Community Homes Unit Two, Tract 245 (Ukiah Area)

Recommended Action/Motion: Adopt the Resolution approving DOT Agreement No. 140106, Amendment No. 4 to BOS Agreement No. 04-257, and DOT Agreement No. 140107, Amendment No. 4 to BOS Agreement No. 04-258 and authorize Chair to sign said Resolution and Agreements.

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