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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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katharine l .elliott Acting 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 AND 3:00 PM JOINT WORKSHOP WITH LIBRARY ADVISORY BOARD IN CONFERENCE ROOM C
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.
3:00 PM Board of Supervisors - Joint Workshop of the Mendocino County Board of Supervisors and Library Advisory Board (Refer to Item 6(h) and separate agenda on page 11))
(a) Adoption of Proclamation Recognizing Mendocino County's Participation in the National Wreaths Across America Day and Ceremony on December 12, 2015 (Sponsor: Supervisor Brown)
Recommended Action/Motion: Adopt the Proclamation recognizing December 12, 2015, as National Wreaths Across America Day in Mendocino County.
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) Discussion and Presentation of Community Choice Aggregation (CCA) Program Commercially Managed Business Model by California Clean Power (CCP)
Recommended Action/Motion: Accept the presentation from California Clean Power and direct staff to take further action on specific Community Choice Aggregation Programs.
(b) Discussion and Possible Adoption of Resolution Approving the Memorandum of Understanding Between the County of Mendocino and the Mendocino County Management Association for the Term of October 1, 2015, through September 30, 2017
Recommended Action/Motion: Adopt Resolution approving Memorandum of Understanding between the County of Mendocino and the Mendocino County Management Association for the term of October 1, 2015, through September 30, 2017; and authorize Chair to sign same.
PLANNING AND BUILDING SERVICES
(c) Noticed Public Hearing - Discussion and Possible Adoption of a Resolution Approving Further Clarifying Revisions to the Mendocino Town Local Coastal Program, as Effectively Certified by the California Coastal Commission, and as Amended by the Board of Supervisors on December 9, 2014, Including the Mendocino Town Plan (Chapter 4.13 of the General Plan) and the Mendocino Town Zoning Ordinance (Division III of Title 20 of the Mendocino County Code)/Local Coastal Program Implementation Program, and Directing the Submission of the Mendocino Town Local Coastal Program Update Amendment to the California Coastal Commission for Certification Pursuant to the California Coastal Act of 1976, as Amended (Division 20, Public Resources Code) (Continued from October 20, 2015)
Recommended Action/Motion: Adopt Resolution approving further clarifying revisions to the Mendocino Town Local Coastal Program, as effectively certified by the California Coastal Commission, and as amended by the Board of Supervisors on December 9, 2014, including the Mendocino Town Plan (Chapter 4.13 of the General Plan) and the Mendocino Town Zoning Ordinance (Division III of Title 20 of the Mendocino County Code)/Local Coastal Program Implementation Program, and directing the submission of the Mendocino Town Local Coastal Program Update Amendment to the California Coastal Commission for certification pursuant to the California Coastal Act of 1976, as amended (Division 20, Public Resources Code); and authorize Chair to sign same.
(d) Noticed Public Hearing - Discussion and Possible Adoption of a Resolution to Support Caltrans Proposed Load Limits on a County Maintained Bridge - Bridge No. 10C-0111 (Covelo Area)
Recommended Action/Motion: Adopt Resolution supporting Caltrans proposed load limits on a county maintained bridge - bridge no. 10C-0111; and authorize Chair to sign same.
(e) 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) Discussion and Possible Adoption of a Resolution Setting Elected Officials Compensation for the District Attorney and Sheriff-Coroner to Take Effect December 20, 2015 (Sponsor: Supervisor Woodhouse)
Recommended Action/Motion: Discuss and possibly adopt Resolution setting Elected Officials compensation for the District Attorney and Sheriff-Coroner to take effect December 20, 2015; and authorize Chair to sign same.
(c) Discussion and Possible Adoption of Resolution Designating the Mendocino County Tourism Commission as the County of Mendocino's "Contractor" for the Role and Purpose as Defined in Chapter 5.140 of County Code, and Providing Direction to Staff to Prepare a Related Agreement for Board Consideration and Possible Approval (Sponsors: Supervisor McCowen, Supervisor Gjerde and Planning and Building Services)
Recommended Action/Motion: Adopt Resolution designating the Mendocino County Tourism Commission as the County of Mendocino's "Contractor" for the role and purpose as defined in Chapter 5.140 of County Code, and provide direction to staff to prepare a related Agreement between the County and the Mendocino County Tourism Commission for Board approval; and authorize Chair to sign same.
(d) Conduct Interviews and Discuss Possible Appointments to the Mendocino County Tourism Commission (Sponsors: Supervisor McCowen and Supervisor Gjerde)
Recommended Action/Motion: Conduct interviews of the applicants for the Mendocino County Tourism Commission and make six appointments to the interest categories and for the terms specified in the Mendocino County Business Improvement District Ordinance.
(e) Discussion and Possible Action to Approve a Letter of Support for the Ukiah Industrial Park Team's Proposed Purchase of Underutilized Industrial Property North of Ukiah (Sponsor: Supervisor Brown)
Recommended Action/Motion: Approve a letter of support for the Ukiah Industrial Park Team's proposed purchase of underutilized industrial property north of Ukiah; and authorize Chair to sign same.
(f) Discussion and Possible Action to Award $186,000 in Grant Funding from the Fiscal Year 2015-16 Community Benefit Fund
Recommended Action/Motion: Award $186,000 in grant funding to Board designated organizations from the fiscal year 2015-16 Community Benefit Fund; and further, direct staff to execute the necessary contracts.
(g) Discussion and Direction Regarding Proposed Transfer of an Amount Not To Exceed $50,000 from Budget Unit 9991 - Contingencies to Budget Unit 1015 - Board of Supervisors for the Community Benefit Fund (Sponsor: Supervisor McCowen)
Recommended Action/Motion: Approve the transfer of an amount not to exceed $50,000 from BU 9991 - Contingencies to BU 1015 - Board of Supervisors for the Community Benefit Fund (Account 862189), the exact amount to be determined by the Board of Supervisors during discussion and final action on the Community Benefit Fund.
(h) Board of Supervisors Workshop - Joint Workshop of the Mendocino County Board of Supervisors and Library Advisory Board
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) Regular Agenda: Noticed Public Hearing - Discussion and Possible Approval to Establish Shorter Williamson Act Contracts, Effective in Calendar Year 2016, Pursuant to State Statute, Making the Requisite Finding Pursuant to Government Code 16142.1(d) (Sponsors: Assessor/Clerk-Recorder, Agriculture, and Planning and Building Services)
Recommended Action/Motion: Continue this item to the December 15, 2015 regular meeting of the Board of Supervisors at 9:00 am or as soon thereafter as the matter may be heard.
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 54956.9(a) - Conference with Legal Counsel Existing Litigation: Leslie and Richard Berger v. County of Mendocino, et al., Mendocino County Superior Court Case No. Case No. SCTM-CVPO-14-63575
(b) Pursuant to Government Code Section 54956.9(a) - Conference with Legal Counsel Existing Litigation: California River Watch v. County of Mendocino, et al., Mendocino County Superior Court Case No. 4:15-CV-03263 YGR
(c) Sitting as the Air Quality Management District Board of Directors - Pursuant to Government Code Section 54956.9(a) - Conference with Legal Counsel Existing Litigation: Friends of Outlet Creek v. Mendocino County Air Quality Management District, et al., Mendocino County Superior Court Case No. SCUK-CVPT-15-66445
(d) Sitting as the Air Quality Management District Board of Directors - Pursuant to Government Code Section 54956.9(a) - Conference with Legal Counsel Existing Litigation: Grist Creek Aggregates, LLC v. Mendocino County Air Quality Management District, et al., Mendocino County Superior Court Case No. SCUK-CVPT-15-66620
(e) Pursuant to Government Code Section 54957 - Public Employee Appointment - Acting County Librarian
(f) 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 County Superior Court Case No. SCUK-CVPT-15-66119
(g) Pursuant to Government Code Section 54957.6 - Conference with Labor Negotiator - Agency Negotiators: Carmel J. Angelo, Heather Coffman, Heidi Dunham, Alan Flora, Cherie Johnson 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) Federal Energy Regulatory Commission - Order Modifying and Approving Temporary Variance of Minimum Flow Requirement (Issued November 3, 2015).
(b) State of California - Natural Resources Agency, Department of Fish and Wildlife - Notice of Availability of Negative Declaration for Proposed Amendments to Freshwater Sports Fishing Regulations, Title 14, California Code of Regulations; for more information, contact Karen Mitchell, Senior Environmental Scientist at (916) 445-0826.
(c) State Water Resources Control Board - Notice of Public Workshop - Urban Water Conservation; for more information, contact Jeanine Townsend, Clerk to the Board at (916) 341-5600.
(d) State Water Resources Control Board - November 6, 2015, Notice of Diversion Opportunity for All Post-1914 Rights for the Sacramento and San Joaquin River Watersheds and the Sacramento-San Joaquin Delta; for more information, please contact lyris@swrcb18waterboards.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 Denial/Rejection:
Items Recommended for Approval:
(c) October 6, 2015, Regular Board Meeting
(d) October 20, 2015, Regular Board Meeting
(e) October 26, 2015, Special Board Meeting
(f) November 3, 2015, Regular Board Meeting
(g) November 17, 2015, Regular Board Meeting
(h) Acceptance of the 2014 Mendocino County Crop Report from the Agricultural Commissioner
Recommended Action/Motion: Accept the information provided concerning the 2014 Crop Report from the Agricultural Commissioner.
(i) Approval of Certification of the November 3, 2015, Consolidated District Election
Recommended Action/Motion: Approve certification of the November 3, 2015, Consolidated District Election.
(j) Adoption of Resolution Setting Elected Officials Compensation for the Auditor-Controller, Assessor-Clerk Recorder, and Treasurer-Tax Collector to Take Effect December 20, 2015 (Sponsor: Supervisor Woodhouse)
Recommended Action/Motion: Adopt Resolution setting Elected Officials compensation for the Auditor-Controller, Assessor-Clerk Recorder, and Treasurer-Tax Collector to take effect December 20, 2015; and authorize Chair to sign same.
(k) Approval of Automobile Allowance for the Acting County Counsel Position
Recommended Action/Motion: Approve automobile allowance for the Acting County Counsel position; process and provide Human Resources and the Auditor-Controller with the necessary paperwork to complete the transaction.
HEALTH AND HUMAN SERVICES AGENCY
(l) Approval of Agreement with North Coast Opportunities in the Amount of $54,754.14 for Federal Fiscal Year 2015-16 to Provide Supplemental Nutrition Assistance Program Education (SNAP-Ed) Grant Related Services Including Nutrition Education, Webpage Development and Administration
Recommended Action/Motion: Approve and authorize Chair to accept and sign the North Coast Opportunities Agreement in the amount of $54,754.14 for federal fiscal year 2015-16 to provide Supplemental Nutrition Assistance Program Education (SNAP-Ed) grant related services, including nutrition education, webpage development and administration; and authorize the Health and Human Services Agency Director to sign any future amendments to the Agreement that do not affect the annual maximum amount.
(m) Approval of Agreement with North Coast Opportunities in the Amount of $76,302 to Provide CalFresh Outreach Services to Seniors, Working Families, and Those Living in Geographically Isolated Areas in Federal Fiscal Year 2015-16
Recommended Action/Motion: Approve and authorize Chair to sign the Agreement with North Coast Opportunities in the amount of $76,302 to provide CalFresh outreach services to seniors, working families, and those living in geographically isolated areas in federal fiscal year 2015-16; and authorize the Health and Human Services Agency Director to sign any future amendments to the Agreement that do not affect the annual maximum amount.
(n) Approval of Amendment to Revenue Agreement No. 14-90070 A02 with California Department of Health Care Services (DHCS) Substance Use Disorder (SUD) Services to Receive an Additional $50,254 for a Total of $3,265,292 to Provide Substance Use Disorder Treatment for Fiscal Years 2014-15 through 2016-17; and Adoption of Resolution Authorizing the Health and Human Services Agency (HHSA) Behavioral Health and Recovery Services (BHRS) Assistant Director to Sign Revenue Agreement No. 14-90070 A02 on Behalf of Mendocino County
Recommended Action/Motion: Approve amendment to Revenue Agreement No. 14-90070 A02 with California Department of Health Care Services (DHCS) Substance Use Disorder (SUD) Services to receive an additional $50,254 for a total of $3,265,292 to provide substance use disorder treatment for fiscal years 2014-15 through 2016-17; adopt Resolution and authorize Chair to sign same; and further, authorize the Health and Human Services Agency (HHSA), Behavioral Health and Recovery Services (BHRS) Assistant Director to sign Revenue Agreement No. 14-90070 A02 on behalf of Mendocino County and sign any future amendments to the Agreement that do not affect the annual maximum amount.
(o) Approval of California Childrens Services (CCS) & California Health and Disability Prevention (CHDP) Certification Statements for Children's Medical Services (CMS) for Fiscal Year 2015-16
Recommended Action/Motion: Approve and authorize Chair to sign the California Children’s Services (CCS) & California Health and Disability Prevention (CHDP) Certification Statements for Children’s Medical Services (CMS) for Fiscal Year 2015-16.
(p) Approval of Purchase of New Cubicles in the Amount of $9,800 to Create Two Additional Desk Spaces for New Social Workers in the Emergency Response Units; Approval of Appropriation Transfer of Funds from Social Services Budget Unit 5010, Line Item 86-2130 to Line Item 86-4360; and Add Cubicles to the Approved List of Fixed Assets
Recommended Action/Motion: Approve the purchase of new cubicles in the Amount of $9,800 to create two additional desk spaces for new social workers in the Emergency Response Units; approve the appropriation transfer of funds from Social Services Budget Unit 5010, line item 86-2130 to line item 86-4360; add cubicles to the approved list of fixed assets; and authorize Chair to sign same.
(q) Adoption of Resolution Approving and Authorizing Chair to Sign the Memorandum of Understanding (MOU) Between the California Department of Social Services and Mendocino County Health and Human Services Agency - Family and Children's Services to Implement CAM'S PLACE, a Residentially Based Service Pilot Demonstration Project for Fiscal Years 2015-18
Recommended Action/Motion: Adopt Resolution to approve and authorize Chair to sign the Memorandum of Understanding (MOU) between the California Department of Social Services and Mendocino County Health and Human Services Agency - Family and Children's Services to implement CAM'S PLACE, a residentially based service pilot demonstration project for fiscal years 2015-18; and authorize Chair to sign same.
(r) Adoption of Ordinance Amending Mendocino County Code Chapter 8.69 County Commission on Medical Care Sections 8.69.030 and 8.69.040
Recommended Action/Motion: Adopt Ordinance amendments to Mendocino County Code Chapter 8.69 County Commission on Medical Care Sections 8.69.030 and 8.69.040; and authorize Chair to sign same.
(s) Approval of Agreement with Delta Dental in the Amount of $825,000 to Provide Fully Insured Dental Coverage Effective January 1, 2016, for County Employees and their Dependents
Recommended Action/Motion: Approve Agreement with Delta Dental in the amount of $825,000 to provide fully insured dental coverage effective January 1, 2016, for County employees and their dependents; authorize Chair to sign same; and authorize the Human Resources Director to approve future amendments to the fee schedule that do not exceed a 5% annual increase over existing rates until the next marketing analysis is conducted (in approximately three years).
(t) Adoption of Resolution Authorizing Amending the Hourly Pay Rate of Work Experience Trainee Classification in Accordance with California Minimum Wage Increase Effective January 1, 2016
Recommended Action/Motion: Adopt Resolution amending the hourly pay rate of Work Experience Trainee Classification in accordance with California Minimum Wage increase effective January 1, 2016; and authorize Chair to sign same.
(u) Approval of Limited Term, At-Will Employment Agreement with Mr. Paul Sequiera to Serve as Mendocino County Assistant District Attorney
Recommended Action/Motion: Approve the limited term, at-will Employment Agreement with Mr. Paul Sequiera to serve as Mendocino County Assistant District Attorney; and authorize Chair to sign the same.
(v) Adoption of Resolution Replacing Resolution No. 15-163 Approving a Revision of the Job Classifications in the Mendocino County Department Head Association Memorandum of Understanding (MOU) and a Correction of Attachment B of Said MOU
Recommended Action/Motion: Adopt Resolution replacing Resolution No. 15-163 approving a revision of the job classifications in the Mendocino County Department Head Association Memorandum of Understanding (MOU) and a correction of Attachment B of said MOU; and authorize Chair to sign same.
(w) Approval of Notice of Completion, Department of Transportation (DOT) Contract No. 130044, 2011 Storm Damage Repairs on Mountain View Road, CR 510, M.P. 15.40 (Boonville Area)
Recommended Action/Motion: Approve the Notice of Completion, Department of Transportation (DOT) Contract No. 130044, 2011 Storm Damage Repairs on Mountain View Road, CR 510, M.P. 15.40 (Boonville area); authorize Chair to sign the same; and further direct the Clerk of the Board to file the Notice of Completion for DOT Contract No. 130044 with the County Recorder.
(x) Approval of Notice of Completion, Department of Transportation (DOT) Contract No. 130043, 2011 Storm Damage Repairs on Mountain View Road, CR 510, M.P. 15.36 (Boonville Area)
Recommended Action/Motion: Approve the Notice of Completion, Department of Transportation (DOT) Contract No. 130043, 2011 Storm Damage Repairs on Mountain View Road, CR 510, M.P. 15.36; authorize Chair to sign the same; and further direct the Clerk of the Board to file the Notice of Completion for DOT Contract No. 130043 with the County Recorder.
(y) Approval of Certification of Election Results for the Lodging Business Improvement District (LBID) Board of Directors to the Mendocino County Tourism Commission
Recommended Action/Motion: Approve Certification of Election Results for the Lodging Business Improvement District (LBID) Board of Directors to the Mendocino County Tourism Commission.
(z) Approval of the Discharge from Accountability for the Attached List of Cases Comprised of Delinquent Fines, Penalties, Fees, and Assessments Determined to be Non-Collectible Due to Age of Debt or Lack of Assets and Where the Cost of Recovery Exceeds That of Collection
Recommended Action/Motion: Approve the discharge from accountability for the attached list of cases comprised of delinquent fines, penalties, fees and assessments determined to be non-collectible due to age of debt or lack of assets and where the cost of recovery exceeds that of collection.
MENDOCINO COUNTY AIR QUALITY MANAGEMENT DISTRICT
(aa) Approval of the Air Quality Management District's Application for Subvention Funds from the California Air Resources Board
Recommended Action/Motion: Approve the Air Quality Management District’s application for Subvention Funds from the California Air Resources Board; authorize the Air Pollution Control Officer to sign and transmit the application to the California Air Resources Board and request the Clerk of the Board to provide the Minute Order to the District of the Board’s action.
(bb) Adoption of Resolution Approving the Application to the California Department of Water Resources to Obtain a Counties with Stressed Basins Grant Under the Sustainable Groundwater Planning Grant Program and Enter Into an Agreement to Receive a Grant for the Initial Creation of a Groundwater Sustainability Plan
Recommended Action/Motion: Adopt Resolution approving the application to the California Department of Water Resources to obtain a Counties with Stressed Basins Grant under the Sustainable Groundwater Planning Grant Program and enter into an agreement to receive a grant for the initial creation of a groundwater sustainability plan; authorize Carmel J. Angelo, Chief Executive Officer and Water Agency General Manager, to enter into an agreement; and further, 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