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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 HAMBURG 5th District Supervisor |
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CARMEL J. ANGELO 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
Mendocino County Board of Supervisors
Regular Meeting
Board Chambers, Room 1070, County Administration Center
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.
Please note that all times provided are considered approximate.
10:00 AM Discussion and Possible Approval of a Revised Policy Regarding Public Access to County Records (Policy No. 36) and County Guidelines and Processes Associated with Responding to Public Records Act Requests (See Item No. 5d)
11:00 AM Noticed Public Hearing – Possible Adoption of Resolution Confirming Acceptance of the Fiscal Year 2015-2016 Mendocino County Lodging Business Improvement District (BID) Annual Report Thereby Levying an Annual Assessment for the BID in Fiscal Year 2015-2016 (See Item No. 5g)
1:30 PM Presentation, Discussion and Possible Adoption of the Mendocino County Water Agency Action Plan (See Item No. 7a)
3:00 PM Informational Presentation of the January 2015 Homeless Point in Time Count by Mendocino County Health and Human Services Agency (HHSA) Homeless Services Continuum of Care (See Item No. 5f)
(a) Adoption of Proclamation Honoring Judi Bari for Her Environmental and Social Justice Activism and Proclaiming May 24, 2015 as Judi Bari Day in Mendocino County (Sponsors: Supervisors McCowen and Hamburg)
(b) Adoption of Proclamation Recognizing May 17-23, 2015 as Emergency Medical Services (EMS) Week (Sponsor: Health and Human Services Agency)
(c) Acceptance of Presentation on Older Americans and Adoption of Proclamation Declaring May 2015 as Older Americans Month, “Get Into the Act” (Sponsor: Health and Human Services Agency)
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.
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
(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.
(c) Introduction and Waive Reading of an Ordinance Amending Chapter 2.32 of the Mendocino County Code – "Purchasing Agent" (Sponsors: County Counsel and Executive Office)
Recommended Action/Motion: Introduce and waive reading of an Ordinance amending Chapter 2.32 of Title 2 of the Mendocino County Code entitled “Purchasing Agent”.
(d) Discussion and Possible Approval of a Revised Policy Regarding Public Access to County Records (Policy No. 36) and County Guidelines and Processes Associated with Responding to Public Records Act Requests
Recommended Action/Motion: Approve the revised policy regarding Public Access to County Records (Policy No. 36) and County guidelines and processes associated with responding to public records act requests.
(e) Informational Update Regarding County-wide Digital Copying, Printer Management, and Document Imaging
Recommended Action/Motion: Accept the status report and update regarding county-wide digital copying, printer management, and document imaging.
HEALTH AND HUMAN SERVICES AGENCY
(f) Informational Presentation of the January 2015 Homeless Point in Time Count by Mendocino County Health and Human Services Agency (HHSA) Homeless Services Continuum of Care
Recommended Action/Motion: Accept the informational presentation of the January 2015 Homeless Point-In-Time count by Mendocino County Health and Human Services Agency (HHSA) Homeless Services Continuum of Care.
PLANNING AND BUILDING SERVICES
(g) Noticed Public Hearing – Possible Adoption of Resolution Confirming Acceptance of the Fiscal Year 2015-2016 Mendocino County Lodging Business Improvement District (BID) Annual Report Thereby Levying an Annual Assessment for the BID in Fiscal Year 2015-2016
Recommended Action/Motion: Adopt Resolution confirming acceptance of the Fiscal Year 2015-2016 Annual Report of the Mendocino County Lodging Business Improvement District (BID) thereby levying an annual assessment for the BID in Fiscal Year 2015-2016, and authorize Chair to sign Resolution.
(h) 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 Planning and Building Services to respond to Coastal Commission comments regarding the LCPA.
(i) Introduction and Waive Reading of Ordinance Amending Section 15.04.030(B) of the Mendocino County Code “Speed Zoning on County Roads”, Adding Paragraphs 15.04.030(B)(37) and (38), Establishing a Twenty-Five Miles Per Hour Prima Facie Speed Limit on Pomo Lake Drive, CR 551, and Sea Cypress Drive, CR 568 (Point Arena Area)
Recommended Action/Motion: Introduce and waive reading of Ordinance amending section 15.04.030(B) of the Mendocino County Code “Speed Zoning on County Roads”, adding paragraphs 15.04.030(B)(37) and (38), establishing a twenty-five miles per hour prima facie speed limit on Pomo Lake Drive, CR 551, and Sea Cypress Drive, CR 568.
(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
(b) Informational Update and Possible Action regarding Mendocino County’s Efforts Related to Public Education and Awareness on Fire Safety (Sponsor: Supervisor Woodhouse)
Recommended Action/Motion: Receive the informational update and provide possible direction to staff regarding Mendocino County’s efforts related to public education and awareness on fire safety.
(c) Adoption of an Ordinance Amending Chapter 5.140 of Title 5 of the Mendocino County Code Entitled “The Mendocino County Lodging Business Improvement District” (Sponsors: Supervisors McCowen and Gjerde and County Counsel)
Recommended Action/Motion: Adopt Ordinance amending Chapter 5.140 of Title 5 of the Mendocino County Code entitled “The Mendocino County Lodging Business Improvement District”, and authorize Chair to sign same.
(a) Presentation, Discussion and Possible Adoption of the Mendocino County Water Agency Action Plan (Sponsor: Mendocino County Water Agency)
Recommended Action/Motion: Accept the presentation and adopt the Water Agency Action Plan.
Items added to the agenda subsequent to agenda publication, up to 72 hours in advance of the meeting, pursuant to Government Code section 54954.
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, Randy Parent, Heidi Dunham, Alan Flora, Cherie Johnson, and Donna Williamson; Employee Organization(s): All
(b) Pursuant to Government Code Section 54956.9(a) – Conference with Legal Counsel – Existing Litigation: Friends of Outlet Creek v. County of Mendocino. Mendocino County Superior Court Case No. SCUK CVPT 15-65618
(c) Pursuant to Government Code Section 54956.9(a) – Conference with Legal Counsel – Existing Litigation: Joan H. Turner v. Mendocino County, et al.. Mendocino County Superior Court Case No. SCUK-CVG-15-65679
(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 300 and 310.5, Title 14, California Code of Regulations, relating to the prohibition on the use of lead projectiles and ammunition using lead projectiles for the take of wildlife with firearms, which will be published in the California Regulatory Notice Register on April 24, 2015; for more information please contact Scott Gardner at (916) 445-5545 or via email at fgc@fgc.ca.gov.
(b) State 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 2015-2016 season, which are published in the California Regulatory Notice Register on April 24, 2015; for more information please contact Melanie Weaver, Wildlife Branch, at (916) 445-3717 or via email at fgc@fgc.ca.gov.
(c) State Water Resource Control Board - Notice of Immediate Curtailment for Water Right Holders in the Sacramento - San Joaquin Watershed and Delta with Term 91 as a Condition of Their Permit or License; the curtailment notice can be viewed at http://www.waterboards.ca. gov/waterrights/water_issues/programs/drought/water_availibility.shtml; for additional information contact the Curtailment Hotline at (916) 341-5342.
(d) State Water Resource Control Board - Notice of Unavailability of Water and Immediate Curtailment for those Diverting Water under a Post-1914 Water Right in the Sacramento River Watershed and Delta, the notice can be viewed at http://www.waterboards.ca.gov/ waterrights/water_issues/programs/drought/water_availability.shtml; for additional information contact the Curtailment Hotline at (916) 341-5342.
(e) State Water Resource Control Board – Notice Change Sheet for #2 for Item 7 (Desalination Amendment) at the May 6, 2015 Board Meeting; for additional information please contact Claire Waggoner at (916) 341-5582 or via email at claire.waggoner@waterboards.ca.gov or contact Marleigh Wood, Senior Staff Counsel, at (916) 341-5169 or via email at marleigh.wood@waterboards.ca.gov.
(f) State Water Resource Control Board – Notice of Public Workshop - Drought Activities in the Bay - Delta to be held May 20, 2015 to receive public input regarding the State Water Resources Control Board’s drought related activities in the San Francisco Bay/Sacramento-San Joaquin Delta (Bay-Delta) watershed; for additional information please contact Rich Satkowski at (916) 341-5439 or via email at rich.satkowski@waterboards.ca.gov; or Chris Carr at (916) 341-5305 or chris.carr@waterboards.ca.gov.
(g) State Water Resource Control Board – Notice of proposed emergency regulation for urban water conservation available for review; for additional information please visit www.waterboards.ca.gov/water_issues/programs/drought/emergency_mandatory_regulations.shtml.
(h) State Water Resource Control Board – Notice to hold a workshop on May 20, 2015, to discuss actions that the State Water Board has taken or may take this water year in the San Francisco Bay/Sacramento-San Joaquin Delta (Bay-Delta) watershed related to the drought; for additional information please visit www.waterboards.ca.gov/waterrights/water_issues/programs/drought/ index.shtml#.
(i) State Water Resource Control Board – Notice of proposed emergency rulemaking and the emergency regulations digest for the proposed emergency regulation that will be considered by the State Water Board at its May 5-6, 2015; for additional information please contact Jeanine Townsend via email at commentletters@waterboards.ca.gov or submit comment letters by fax to (916) 341-5620.
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:
(a) May 5, 2015 Regular Board Meeting
(b) Approval of Recommended Appointments/Reappointments
Recommended Action/Motion: Approve the following appointments/reappointments:
(c) Authorization to Acquire a Pre-owned Minolta MS6000 Mkii Microfilm Reader–Scanner in the Amount of $5,455.48 Due to Equipment Failure of Existing Reader Scanner and Approval of a Revised Fixed Asset Schedule as an Amendment to the Fiscal Year 2014/15 Budget
Recommended Action/Motion: Authorize the acquisition of a pre-owned Minolta MS6000 Mkii Microfilm Reader-Scanner in the amount of $5,455.48 due to equipment failure of existing reader scanner and approval of a revised Fixed Asset Schedule as an amendment to the Fiscal Year 14-15 Budget.
(d) Adoption of a Resolution Confirming the Expiration of the Effective Term of Deed of Open Space Easement and Agreement between Mendocino County (Grantee) and the Miller Trust (Grantor) (Sponsor: Supervisor Hamburg)
Recommended Action/Motion: Adopt Resolution confirming the expiration of the effective term of Deed of Open Space Easement and Agreement between Mendocino County (Grantee) and the Miller Trust (Grantor), authorizing the Chair to sign same.
(e) Approval of Letter of Support for Senate Bill (SB) 16 (Beall): Transportation Financing for Road Maintenance (Sponsor: Supervisor Gjerde)
Recommended Action/Motion: Approve letter of support for SB 16, authorize the Chair to sign same, and direct staff to transmit the letter.
(f) Approval of Letters to California Natural Resources Agency and California Coastal Conservancy in Support of Phase 2 Conservation Easement on Sanctuary Forest; and Trail along Indian Creek on a Former Railroad and Logging Road (Sponsor: Supervisor Gjerde)
Recommended Action/Motion: Approve letters to California Natural Resources Agency and California Coastal Conservancy in support of Phase 2 Conservation Easement on Sanctuary Forest; and Trail along Indian Creek on a former railroad & logging road, and authorize Chair to sign same.
(g) Ratification of Letter to Representative Jared Huffman in Support of House Resolution (H.R.) 1732 Regarding Definition of Waters of the United States (U.S.) Under the Clean Water Act, Docket No. EPA-HQ-OW-2011-0880 (Sponsor: Supervisor Brown)
Recommended Action/Motion: Ratify letter to Representative Jared Huffman in support of House Resolution (H.R.) 1732 regarding Definition of Waters of the United States (U.S.) Under the Clean Water Act, Docket No. EPA-HQ-OW-2011-0880.
(h) Adoption of a Proclamation Recognizing United States Congressman Mike Thompson’s 25 Years of Public Service (Sponsor: Supervisor Brown)
Recommended Action/Motion: Adopt Proclamation recognizing United States Congressman Mike Thompson’s 25 years of public service.
HEALTH AND HUMAN SERVICES AGENCY
(i) Adoption of Resolution Approving the 2015-2016 Performance Contract Between the Department of Health Care Services (DHCS) and Mendocino County Health and Human Services Agency (HHSA) Behavioral Health and Recovery Services (BHRS) and Authorizing the HHSA Director to Sign the Agreement on Behalf of the County
Recommended Action/Motion: Adopt and authorize the Chair to sign Resolution approving the performance contract between the County of Mendocino and the California Department of Health Care Services, and authorize the HHSA Director to sign this agreement and any amendments that do not increase the maximum dollar amount.
(j) Approval of Agreement in the Amount of $124,400 and Appointment of Dr. Constance Caldwell as Public Health Officer for Mendocino County Health and Human Services Agency (HHSA) Public Health as per California Health and Safety Code, Section 101025-101070 and as per Mendocino County Resolution No. 10-006
Recommended Action/Motion: Approve and authorize Board Chair to sign Agreement in the amount of $124,400 and appoint Dr. Constance Caldwell as Public Health Officer for Mendocino County; and authorize the HHSA Director to sign any future amendments to the Agreement that do not affect the annual maximum amount.
(k) Approval of Amendment to Revenue Agreement 14-90070 A01 With the Department of Health Care Services (DHCS) Substance Use Disorder Treatment (SUDT) Services to Receive an Additional $3,784 for a Total of $3,215,038 to Provide SUDT Services in Fiscal Years 2014-15 Through 2016-17; and Adoption of Resolution Authorizing the Health and Human Services (HHSA) Director to Sign Revenue Agreement 14-90070 A01 on Behalf of Mendocino County
Recommended Action/Motion: Approve amendment to Revenue Agreement 14-90070 A01 with DHCS Substance Use Disorder Services to provide Substance Use Disorder Treatment; and adopt and authorize the Chair to sign resolution authorizing the HHSA Director to sign agreement on behalf of Mendocino County; and authorize the HHSA Director to sign any future amendments to the agreement that do not affect the annual maximum amount.
PLANNING AND BUILDING SERVICES
(l) Adoption of Resolution Authorizing Workforce Investment Board (WIB) Staff to Pursue a Request for Modification of Mendocino County’s Regional Association Under the Local Workforce Innovation and Opportunity Act (WIOA) from the North Coast Region to the North Bay Region
Recommended Action/Motion: Adopt Resolution authorizing WIB staff to pursue a Request for Modification of Mendocino County’s Regional Association under Local Workforce Innovation and Opportunity Act (WIOA) from the North Coast Region to the North Bay Region.
(m) Authorization for Chair to Sign the Application for Mendocino County Local Workforce Innovation and Opportunity Act (WIOA) Local Area Designation as a Single County Area
Recommended Action/Motion: Authorize Chair to sign the application for Mendocino County Local Workforce Innovation and Opportunity Act (WIOA) Local Area Designation as a single county area.
(n) Approval of Appropriation Transfer of Funds by the Public Defender from Salaries to Services and Supplies to Cover Costs for Fiscal Year 2014-15 in the amount of $60,000
Recommended Action/Motion: Approve the appropriation transfer of funds for the Public Defender from salaries to services and supplies to cover costs for fiscal year 2014-15 in the amount of $60,000.
(o) Adoption of Resolution Approving Department of Transportation (DOT) Agreements (for a Total Amount of $23,000) with and Accepting Grant Deeds Conveying Real Property from Certain Landowners for the Acquisition of Rights of Way Needed for the Reconstruction and Widening Project of East Side Potter Valley Road, CR 240, from M.P. 2.46 to M.P. 6.42 (Potter Valley Area)
Recommended Action/Motion: Adopt Resolution approving DOT Agreements (for a total amount of $23,000) with and accepting Grant Deeds conveying Real Property from certain landowners for the acquisition of rights of way needed for the reconstruction and widening project of East Side Potter Valley Road, CR 240, from M.P. 2.46 to M.P. 6.42, and authorize Chair to sign same.
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