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

 

 

 

 

CARMEL J. ANGELO

Chief Executive Officer/

Clerk of the Board

 

 

 

 

DOUGLAS L. LOSAK

Interim County Counsel

 

 

 

COUNTY ADMINISTRATION CENTER

501 Low Gap Road, Room 1070

Ukiah, CA 

(707) 463-4441

Fax (707) 463-5649

cob@co.mendocino.ca.us

 

Mendocino County Board of Supervisors

 

AGENDA

 

REGULAR MEETING

July 7, 20159:00 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.

9:00 AM Pursuant to Government Code Section 54957.6 - Conference with Labor Negotiator - Agency Negotiators: Carmel J. Angelo, Randy Parent, Heidi Dunham, Alan Flora, Cherie Johnson, Stacey Cryer, and Donna Williamson; Employee Organization(s): All (See Item No. 9a) 

10:00 AM Public Expression (See Item No. 3)   

11:00 AM Discussion and Presentation of Community Choice Aggregation (CCA) Program Joint Powers Authority Business Model by Marin Clean Energy (MCE) (See Item No. 5c)        

1:30 PM Discussion and Possible Action to Adopt Resolution Authorizing the County of Mendocino to Join the CaliforniaFIRST Program; Authorizing the California Statewide Communities Development Authority to Accept Applications from Property Owners, Conduct Contractual Assessment Proceedings and Levy Contractual Assessments Within the Unincorporated Territory of the County; and Authorizing All Necessary Transactions (See Item No. 5d)   

2:00 PM Discussion and Possible Reconsideration of the Board of Supervisors Action Taken on June 16, 2015, Regarding the Adoption of a Resolution Confirming Acceptance of the Fiscal Year 2015-16 Mendocino County Lodging Business Improvement District (BID) Annual Report Thereby Levying an Annual Assessment for the BID in Fiscal Year (FY) 2015-16 (See Item No. 6b)           

2:30 PM Discussion and Possible Action Including an Informational Presentation by Planning and Building Services on an Overview and Update of Code Enforcement Activities and Priorities in Mendocino County, and Possible Direction to Staff on Board of Supervisors Priorities for Code Enforcement Activities (See Item No. 5i)    

TIMED ITEMS

EN SESSION

1.        OPEN SESSION (9:00 A.M.)                                                                                                                                            

(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 July 12-18, 2015 as Probation Services Week in Mendocino County (Sponsors: Supervisor Brown and Probation)

(b)        Presentation and Adoption of a Proclamation of Support for the Vietnam War Memorial Monument at the Mendocino County Museum (Sponsor: Museum)

(c)         Presentation and Adoption of Proclamation of Support for the Fire Fighters Outdoor Display at the Mendocino County Museum (Sponsor: Museum)

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 directions to staff on matters of legislation.

(c)         Discussion and Presentation of Community Choice Aggregation (CCA) Program Joint Powers Authority Business Model by Marin Clean Energy (MCE)

Recommended Action/Motion: Discuss and receive the presentation and direct staff to take further action on Community Choice Aggregation Programs.

(d)        Discussion and Possible Action to Adopt Resolution Authorizing the County of Mendocino to Join the CaliforniaFIRST Program; Authorizing the California Statewide Communities Development Authority to Accept Applications from Property Owners, Conduct Contractual Assessment Proceedings and Levy Contractual Assessments Within the Unincorporated Territory of the County; and Authorizing All Necessary RelatedTransactions

Recommended Action/Motion: Adopt and authorize Chair to sign Resolution authorizing the County of Mendocino to join the CaliforniaFIRST program; authorizing the California Statewide Communities Development Authority to accept applications from property owners, conduct contractual assessment proceedings and levy contractual assessments within the unincorporated territory of the county; and authorizing all necessary related transactions.

(e)         Discussion and Possible Action to Adopt Resolution Consenting to Inclusion of Properties within the County’s Jurisdiction in the Golden State Finance Authority Community Facilities District No. 2014-1 (Clean Energy) to Finance Renewable Energy Improvements, Energy Efficiency and Water Conservation Improvements and Electric Vehicle Charging Infrastructure; Resolution Consenting to Inclusion of Properties within the County’s Unincorporated Area in the Golden State Finance Authority Program to Finance Renewable Energy Generation, Energy and Water Efficiency Improvements, and Electric Vehicle Charging Infrastructure; and Resolution Approving and Authorizing Execution of an Agreement for Collection of Special Taxes and Contractual Assessments; and Approval of Agreement for Collection of Taxes and Special Contractual Assessments

Recommended Action/Motion: Adopt Resolution consenting to inclusion of properties within the County’s jurisdiction in the Golden State Finance Authority Community Facilities District No. 2014-1 (clean energy) to finance renewable energy improvement, energy efficiency and water conservation improvements and electric vehicle charging infrastructure; Resolution consenting to inclusion of properties within the County’s unincorporated area in the Golden State Finance Authority Program to finance renewable energy generation, energy and water efficiency improvements, and electric vehicle charging infrastructure; and Resolution approving and authorizing execution of an agreement for collection of special taxes and contractual assessments; and approval of agreement for collection of taxes and special contractual assessments, and authorize Chair to sign same.

HEALTH AND HUMAN SERVICES AGENCY

(f)          Discussion and Possible Action for Approval of Amendment No. Five to Board of Supervisors Agreement No. 13-016 with Ortner Management Group to Establish Contract Base Match Allocation at $5,171,996 to Provide and/or Arrange for Specialty Mental Health Services to Adults and Older Adults Twenty-Five Years of Age and Older

(g)        Discussion and Possible Action for Approval of Amendment No. Six to Board of Supervisors Agreement No. 13-017 with Redwood Quality Management Company to Establish Contract Base Match Allocation at $4,871,966 to Provide and/or Arrange for Specialty Mental Health Services to Children and Youth Under the Age of Twenty-Five

PLANNING AND BUILDING SERVICES

(h)        Discussion and Possible Action Including an Informational Presentation by Planning and Building Services on an Overview and Update of Code Enforcement Activities and Priorities in Mendocino County,  and Possible Direction to Staff on Board of Supervisors Priorities for Code Enforcement Activities

(i)          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

SOLID WASTE

(j)          Discussion and Possible Action Including Review of Proposed Amendment to Caspar Joint Powers Agreement Between County of Mendocino and City of Fort Bragg

(k)        Discussion and Possible Action to Approve Agreement with Cold Creek Compost, Inc. to Ensure Composting Capacity at Known Price for Organic Waste Collected by County Solid Waste Franchisees

TRANSPORTATION

(l)          Transportation Director's Report

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)        Discussion and Possible Reconsideration of the Board of Supervisors Action Taken on June 16, 2015, Regarding the Adoption of a Resolution Confirming Acceptance of the Fiscal Year 2015-16 Mendocino County Lodging Business Improvement District (BID) Annual Report Thereby Levying an Annual Assessment for the BID in Fiscal Year (FY) 2015-16  (Sponsors: Supervisors Gjerde and McCowen)

(c)         Discussion and Possible Action Including Approval of the Election and Appointment Process for the Lodging Business Improvement District (LBID) Board of Directors (Sponsors: Supervisors Gjerde and McCowen)

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                                                                                                                                                              

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, Stacey Cryer, and Donna Williamson; Employee Organization(s): All

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)          Sonoma County Water Agency - Weekly Hydrologic Status Report (June 12 - 18, 2015) for the Russian River as required by the May 1st Order Approving the Agency's Petition for Temporary Urgance Change in Permit 12947A, 12949, 12950 and 16596 (Applications 12919A, 15736, 15737 AND 19351); for more information, contact John Mendoza, P.E., at (707) 547-1929, or via email at John.Mendoza@scwa.ca.gov.

(b)         State Water Resources Control Board - Notice of Temporary Urgency Change Petition to Modify Dissolved Oxygen Requirements on the Stanislaus River; for additional information, please call (916) 341-5305 or via email at Chris.Carr@waterboards.ca.gov.

(c)          State Water Resources Control Board - Notice of Proposed Resolution to Adopt Drought-Related Emergency Regulation on Tributaries to the Russian River; for more information, please contact the Russian River Tributaries Hotline at (916) 322-8422 or via email at: rr_tribs_emergency_reg@waterboards.ca.gov.

(d)         Sonoma County Water Agency - Weekly Hydrologic Status Report (June 5 - 11, 2015) for the Russian River as required by the May 1st Order Approving the Agency's Petition for Temporary Urgance Change in Permit 12947A, 12949, 12950 and 16596 (Applications 12919A, 15736, 15737 AND 19351); for more information, please contact John Mendoza, P.E., at (707) 547-1929, or via email at John.Mendoza@scwa.ca.gov.

(e)          State Water Resources Control Board - Notice of Unavailability of Water and Need for Immediate Curtailment for Those Diverting Water in the Sacramento-San Joaquin Watersheds and Delta with a Pre-1914 Appropriative Claim Commencing During or After 1903; for more information, please contact the Curtailment Hotline at (916) 341-5342.

(f)          State Water Resources Control Board - Notice of Proposed Emergency Rulemaking - Russian River Tributaries; for more information, please contact the Russian River Tributaries Hotline at: (916) 322-8422, or via email at rr_tribs_emergency_reg@waterboards.ca.gov.

(g)          State Water Resources Control Board - Notice of Letter Regarding Sacramento River Temperature Management; for more information, please refer to: http://www.waterboards.ca.gov/waterrights/water_issues/programs/drought/tucp.shtml.

(h)         State Water Resources Control Board - Notice of Public Workshop - Sacramento River Temperature Operations; June 24, 2015; for more information, please contact Diane Riddle at (916) 341-5297 or via email at diane.riddle@waterboards.ca.gov.

(i)           Civil Service Commission - Notice of Civil Service Commission Meeting to be Held Wednesday, July 15, 2015 at 9:00 am; for more information please refer to the Civil Service Commission webpage at: http://www.co.mendocino.ca.us/hr/civilService/htm.

(j)           Fish and Game Commission - Notice of Proposed Emergency Action Measures for Fisheries at Risk Due to Drought Conditions; for more information, please refer to http://www.oal.ca.gov under the heading "Emergency Regulations" or contact Sonke Mastrup at (916) 653-4899.

(k)         Federal Energy Regulatory Commission - Notice of Order Granting Temporary Variance of Minimum Flow Requirements under Appendix A of the January 28, 2004 Order Amending License for Pacific Gas and Electric Company, Project No. 77-275; for more information, please contact the United States Federal Energy Regulatory Commission.

(l)           Sonoma County Water Agency - Weekly Hydrologic Status Report (June 19 - 25, 2015) for the Russian River as required by the May 1st Order Approving the Agency's Petition for Temporary Urgance Change in Permit 12947A, 12949, 12950 and 16596 (Applications 12919A, 15736, 15737 and 19351); for more information, please contact John Mendoza, P.E., at (707) 547-1929, or via email at John.Mendoza@scwa.ca.gov.

(m)       Sonoma County Water Agency - Russian River Supplemental Water Quality Report (May 1 - May 31, 2015); for more information, please contact John Mendoza, P.E., at (707) 547-1929, or via email at John.Mendoza@scwa.ca.gov.

(n)         State Water Resources Control Board - Notice of Unavailability of Water and Need for Immediate Curtailment for Those Diverting Water in the Merced River Watershed With a Pre-1914 Appropriative Claim Commencing During or After 1858 and those in the Upper San Joaquin Watershed with a Pre-1914 Appropriative Clam; for more information, please contact the Curtailment Hotline at (916) 341-5342.

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 Diana Barajas

Items Recommended for Approval:

MINUTES

(b)        June 9, 2015 Regular Board Meeting

(c)          June 16, 2015 Regular Board Meeting

(d)         June 23, 2015 Special Board Meeting

APPOINTMENTS

(e)         Approval of Recommended Appointments/Reappointments

BOARD OF SUPERVISORS

(f)          Ratification of a Letter Urging the State Legislature to Address Transportation Funding for State and Local Transportation Networks During the Legislative Special Session Beginning June 19, 2015

(g)        Approval of Letter of Support for Assembly Bill 243 (Wood) – Marijuana Watershed Protection Act

COUNTY COUNSEL

(h)        Approval of the Board of Supervisors’ Responses to the 2014-2015 Grand Jury Report – The Williamson Act

EXECUTIVE OFFICE

(i)          Adoption of a Resolution Granting an Easement Deed to City of Ukiah for the Installation of Underground Power Lines of Assessor’s Parcel Numbers 001-020-11 and 001-020-77

HEALTH AND HUMAN SERVICES AGENCY

(j)          Adoption of Resolution and Approval of Agreement with Employment Development Department (EDD) in the amount of $73,370.66 for Job Development Services for CalWORKs Participants in Fiscal Year 2015-16                   

(k)        Approval of Amendment to Agreement No. 14-119 with North Coast Opportunities Increasing the Original Amount of $105,659 by $54,445 for a New Total Amount of $160,104 to Provide Nutrition Education Services for  CalFresh-Eligible Individuals in Federal Fiscal Year 2014-15

(l)          Approval for Mendocino County Health and Human Services Agency (HHSA) Public Health Animal Care Services (ACS) to Hold a One (1) Day Dog License Amnesty Program on August 22, 2015, for the Residents of Mendocino County

(m)      Authorization for Mendocino County Health and Human Services Agency (HHSA) Behavioral Health and Recovery Services (BHRS) to Accept $500,000 from SB82, the Investment in Mental Health Wellness Act of 2013 Grant

(n)        Approval of California Children’s Services (CCS) and Child Health and Disability Prevention (CHDP) Certification Statement for Children’s Medical Services (CMS) for fiscal year 2014-15

(o)        Approval of Revenue Agreement with Mendocino Council of Governments in the Amount of $300,042 to Provide Professional Services for Safe Routes to Schools in Fiscal Years 2015-18

(p)        Approval of the Mental Health Services Act (MHSA) Annual Plan Update for Fiscal Year 2015-16 for Health and Human Services Agency (HHSA), Behavioral Health and Recovery Services (BHRS) and Authorization for the Mendocino County Mental Health Director and Mendocino County Auditor-Controller to Sign and Submit the Annual Plan Update to the State Mental Health Services Oversight and Accountability Commission

(q)        Approval of Letter of Support to Assemblyman Adam Gray Urging Him to Support SB 140 to Include E-Cigarettes and Insert the New Definition of a Tobacco Product in California’s Stop Tobacco Access to Kids Enforcement (STAKE) Act;  AB71, the Cigarette and Tobacco Products Licensing Act; and AB 13, The Smoke Free Act

(r)         Approval of Agreement with National Training Consultants in the Amount of $62,670 to Provide Facilitation of Court Mandated Family Empowerment Groups for Family and Children’s Services in Fiscal Year 2015-16 

HUMAN RESOURCES

(s)         Adoption of Resolution Prohibiting Certain County Officers and Employees from Engaging in Outside Employment that is Inconsistent or in Conflict with Their Duties as a County Officer or Employee, Pursuant to California Government Code Section 1126

(t)          Adoption of Resolution Authorizing Changes to the Position Allocation Table as Follows: Department of Transportation, Budget Unit 3010; Delete One (1) FTE Senior Equipment Operator; Add One (1) FTE Road Crew Supervisor

(u)        Approval of Agreement With Liebert Cassidy Whitmore For The Period of July 1, 2015 through June 30, 2016 to Provide Contract Negotiations and Employer-employee Relations Services with The County’s Eight Bargaining Units, and Other Outside Legal Representation As Needed

(v)        Adoption of Ordinance Amending Section 3.04.160 of Title 3 of the Mendocino County Code, Titled “Sick Leave with Pay”

PLANNING AND BUILDING SERVICES

(w)       Authorization of the Issuance of Administrative Coastal Development Permit #CDP_2014-0038 (WEBB), to Convert 636± Square Feet into Living Space, Located in the Coastal Zone at 20535 Nottingham Court, Fort Bragg; APN 020-170-34

(x)        Authorization of the Issuance of Coastal Development Minor Use Permit #CDU 2015-0002 (Zimmer), for a Single Unit Rental in the Town of Mendocino

(y)        Approval of Extension of Agreement No. 10-041 with Ukiah Auto Dismantlers from April 20, 2015  to April 20, 2017, to Remove and Dispose of Abandoned Vehicles Identified Through the County’s Abandoned Vehicle Abatement Authority (AVA)

PROBATION

(z)         Approval of AB109 Community Corrections Funded Agreement No. 12-033 Amendment in the Amount of $360,000 with B.I. Incorporated for Adult Day Reporting Center Services for Fiscal Year 2015-16

SHERIFF-CORONER

(aa)    Approval of the 2015 Edward Byrnes Justice Assistance Grant (JAG) from the U.S. Department of Justice in the amount of $18,306, and Authorize Sheriff Thomas Allman to Sign Any Documents Required for Acceptance of the Award

TRANSPORTATION

(bb)    Adoption of Resolution Approving Department of Transportation (DOT) Agreement (for a Total Amount of $2,016) with and Accepting Grant Deed 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)

TREASURER-TAX COLLECTOR

(cc)     Approve Application for the Northern Nights Music Festival to be Held July 17-19, 2015 at the Cooks Valley Campground in Piercy, California and Authorize Tax Collector to Issue Outdoor Festival License

(dd)    Approve Application for the Mendocino Music Festival to be held July 11- July 25, 2015 in Mendocino at Headlands State Park and Authorize Tax Collector to Issue Outdoor Festival License.

Board of Supervisors Concurrent Boards

MENDOCINO COUNTY AIR QUALITY MANAGEMENT DISTRICT.

MENDOCINO COUNTY AIR QUALITY MANAGEMENT DISTRICT

(ee)     Delegation of Authority for Appeals for the Actions of the Air Pollution Control Officer Related to CEQA to the Air Quality Management District Hearing Board Pursuant to Air Quality Management District Regulation 1, Appendix A, Section I(e),

MENDOCINO COUNTY LIBRARY DISTRICT.

MENDOCINO COUNTY PUBLIC FACILITIES CORPORATION.

MENDOCINO COUNTY WATER AGENCY.                       

BOARD OF SUPERVISORS ACTING AS THE GOVERNING BOARD OF THE SUCCESSOR AGENCY FOR THE REDEVELOPMENT AGENCY OF THE COUNTY OF MENDOCINO.

 

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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