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Carre Brown 1st District Supervisor Chair |
John McCowen 2nd District Supervisor |
Tom Woodhouse 3rd District Supervisor |
Dan GJerde 4th District Supervisor Vice-Chair |
DAN 5th District Supervisor |
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Chief Executive Officer/ Clerk of the Board |
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Douglas L. Losak Interim 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 January
20, 2015 – 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.
9:45 a.m. Noticed Public Hearing
- Adoption of 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 (Continued from December 16, 2014) (See Item No. 5g)
10:15 a.m. Noticed Public Hearing
- Appeal of Mendocino Historical Review Board (MHRB) Decision on MHRB 2014-15
to Deny the Remodel and Addition to the Blair House Inn Located in the Town of
Mendocino at 45110 Little Lake Road (See Item No. 5h)
1:30 p.m. Presentation,
Discussion, and Possible Action Regarding the Mendocino County Water Agency and
Related Goals and Activities (See
Item No. 7a)
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 directions to staff on
matters of legislation.
Recommended Action/Motion: Appoint Supervisor _________ and
Supervisor _________ as the Board of Supervisors Representatives to the
Broadband Alliance of Mendocino County and add the assignments to the Board of
Supervisors' Annual Special Assignments Roster.
Recommended Action/Motion: Affirm the historical practice
of appointing a Board member representative to the NCRA, appointing Supervisor
__________ for calendar years 2015 and 2016.
Recommended Action/Motion: Appoint Supervisor __________ as
the Board of Supervisors representative to the Solid Waste Hearing Panel.
Recommended Action/Motion: Form an ad hoc committee
composed of Third District Supervisor Tom Woodhouse and Second District
Supervisor John McCowen, directing said ad hoc to review the potential economic
impacts of marijuana legalization in Mendocino County. The ad hoc would report back to the Board of
Supervisors with recommended actions in preparation of legalization.
PLANNING
AND BUILDING SERVICES
Recommended Action/Motion: Adopt 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 the Chair to sign same.
Recommended Action/Motion: Deny appeal and uphold the MHRB
decision to deny MHRB 2014-15 by finding the exterior appearance and design of
the proposed work on the Blair House, which is a relatively pristine Category I
structure of historical, architectural and cultural significance, is not in harmony with the exterior appearance
and design of existing structures within the District and with that of the
existing subject structure and thus may degrade the integrity of the historic
district. It is therefore inconsistent with the finding required by the
Mendocino Town Zoning Code Section 20.760.065 (A).
Recommended Action/Motion: Accept Mendocino Town LCPA
status report and, as necessary, direct Planning and Building Services to
respond to Coastal Commission comments regarding the LCPA.
TRANSPORTATION
(j)
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
Recommended Action/Motion: Receive presentation and give
direction to the IWPC representative.
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.
MENDOCINO
COUNTY WATER AGENCY
Recommended Action/Motion: Receive presentation from staff
and provide related direction regarding 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, Cherie Johnson,
and Donna Williamson; Employee Organization(s):
All
(b)
Pursuant
to Government Code section 54956.9(a) - Conference with Legal Counsel -
Existing Litigation: Animal Legal Defense Fund, et al. v. County of Mendocino;
Mendocino Superior Court Case No. SCUK-CVPT-14-64916
(c)
Pursuant
to Government Code section 54956.9(a) - Conference with Legal Counsel -
Existing Litigation: North Gualala Water Company v. County of Mendocino;
Mendocino Superior Court Case No. SCUK-CVG-12-60165
(d)
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)
State Fish and Game Commission -
Notice of proposed regulatory action relative to Amending Sections 360, 361,
362, 363, 364, 702, 708.5, 708.11, and 713 Title 14, California Code of
Regulations, relating to Mammal Hunting Regulations for the 2015-2016 season,
which are published in the California Regulatory Notice Register on January 2,
2015; for additional information please contact Craig Stowers, Department of
Fish and Wildlife, (916) 445-3553, or visit www.fgc.ca.gov.
(b)
State Water Resource Control
Board - Notice of proposed final staff report, including the Substitute
Environmental Documentation (SED) for the proposed final amendment to the Water
Quality Control Plan for the Ocean Waters of California (Ocean Plan) to control
trash and Part 1 Trash provisions of the Water Quality Control Plan for Inland
Surface Waters, Enclosed Bays, and Estuaries of California (collectively
referred to as "Trash Amendments"); for additional information please
contact Johanna Weston at (916) 327-8117 or Stacy Gillespie at (916) 341-5190,
or visit
www.swrcb.ca.gov/water_issues/programs/trash_control/documentation.shtml.
(c)
State Water Resource Control
Board - Notice of supplemental water quality report and hydrologic status
report (December 19 - January 4, 2015) 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.
(d)
State Water Resource Control
Board - Notice of supplemental water quality report and hydrologic status
report (January 5 - January 8, 2015) 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.
(e)
California Department of Fish and
Wildlife - Notice of AB 711, which became effective January 1, 2014 requires
the use of nonlead ammunitions statewide not later than July 1, 2019 when
taking any wildlife with a firearm. In the first phase, effective July 1, 2015,
nonlead ammunition will be required when taking all wildlife on state Wildlife
Areas and Ecological Reserves. In phase two, effective July 1, 2016, nonlead
ammunition will be required when taking upland game birds with a shotgun,
except for dove, quail, and snipe, and any game birds taken under the authority
of a licensed game bird club as provided in sections 600 and 600.4, title 14,
California Code of Regulations. In the final phase, effective July 1, 2019,
pursuant to Fish and Game Code 3004.5 only nonlead ammunition may be used when
taking any wildlife with a firearm for any purpose in California; for
additional information please contact Craig Stowers, Department of Fish and
Wildlife, (916) 445-3553, or visit www.fgc.ca.gov.
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 Approval:
MINUTES
(a)
December
16, 2014 Regular Board Meeting
COUNTY
COUNSEL
Recommended Action/Motion: Approve rental agreement between
the Mendocino County Fair and Apple Show (Association) and Sierra Nevada World
Music Festival (Renter), and authorize Chair to sign same.
EXECUTIVE
OFFICE
Recommended Action/Motion: Approve certification statement
regarding composition of local child care and development planning council
membership and authorize Chair to sign same.
HUMAN
RESOURCES
Recommended Action/Motion: Adopt Resolution establishing a
salary grade for the classification of Undersheriff and authorizing changes to
the Position Allocation Table as follows: Budget Unit 2310; delete one (1) FTE
Sheriff's Captain; add one (1) FTE Undersheriff and authorize Chair to sign
same.
PROBATION
Recommended Action/Motion: Adopt 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
Recommended Action/Motion: Adopt Resolution, authorizing
the Chair to sign the Resolution approving the Airport Capital Improvement
Plans for Little River Airport and Round Valley Airport for Fiscal Years 2016 -
2020 and authorize the Director of Transportation to sign all pertinent
documents required for processing.
Recommended Action/Motion: Adopt Resolution approving DOT
Agreement with the landowner, accept the Grant Deed conveying real property
from said landowner, and authorize the Board Chair to sign said Agreement and
the Statutory Certificate of Acceptance.
Direct the Clerk of the Board to submit the Grant Deed to County DOT
office for further processing and recording.
Direct County Auditor and County Assessor to prorate real property
taxes.
Recommended Action/Motion: Adopt Resolution, authorizing
the Director of Transportation to advertise for construction bids and award
Department of Transportation contract No. 120015 for Bridge Preventive
Maintenance Implementation, and authorize Chair to sign same.
TREASURER-TAX
COLLECTOR
Recommended Action/Motion: Adopt 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 2015.
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