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

 

 

 

 

katharine l .elliott

Acting 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

December 15, 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.

10:30 AM  Presentation of Employee Service Awards for Employees with 15-40 Years of Service - Followed by a Reception with the Board of Supervisors in Conference Room B (Refer to Agenda Item 5(f))  

11:30 AM  Closed Session (Refer to Agenda Item 9)     

1:30 PM  Closed Session Continued (Refer to Agenda Item 9)  

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.

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 Chief Executive Officer's Report.

(b)        Discussion and Possible Action Including Review, Adoption, Amendment, Consideration or Ratification of Legislation Pursuant to the Adopted Legislative Platform

Recommended Action/Motion: Provide direction to staff on matters of legislation.

(c)         Presentation of First Quarter Budget Report on the Status of County Departmental Budgets for Fiscal Year (FY) 2015-16 and Discussion and Possible Direction Regarding the FY 2016-17 Budget Process

Recommended Action/Motion: Accept the First Quarter Budget Report for FY 2015-16 and provide direction regarding the FY 2016-17 budget process.

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

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

ASSESSOR/CLERK-RECORDER

(e)         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 Section 16142.1(d) (Continued from December 8, 2015)

HUMAN RESOURCES

(f)          Presentation of Employee Service Awards for Employees with 15-40 Years of Service  Followed by a Reception with the Board of Supervisors in Conference Room B

PLANNING AND BUILDING SERVICES

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

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

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, Heather Coffman, Heidi Dunham, Alan D. Flora, Cherie Johnson and Donna Williamson; Employee Organization(s):  All

(b)        Pursuant to Government Code Section 54957 – Public Employee Performance Evaluation - Chief Executive Officer

(c)         Pursuant to Government Code Section 54957 - Public Employee Appointment - Acting County Librarian

(d)        Pursuant to Government Code Section 54956.9(a) - Conference with Legal Counsel - Existing Litigation: Animal Legal Defense Fund, et al. v. Mendocino County - Mendocino County Superior Court Case No. SCUK-CVPT-15-66119

(e)         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

(f)          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

(g)        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

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)          National Water Quality Monitoring Board - November 24, 2015, National Monitoring News Fall 2015; for more information, contact lyris@swrbc18.waterboards.ca.gov.

(b)         State Water Control Board - December 7, 2015, Draft Order on Petitions for Reconsideration of Executive Director TUCP Orders Modifying Delta Flow and Salinity Requirements in Response to Drought; for more information, contact diane.riddle@waterboards.ca.gov or (916) 341-5297.

(c)          Federal Energy Regulatory Commission - Notice of Application Accepted for Filing, Soliciting Comments, Motions to Intervene, and Protests; for more information, contact Mr. John Aedo at (415) 369-3335 or john.aedo@ferc.gov.

(d)         Federal Energy Regulatory Commission - Order Approving Extension of Temporary Variance of Minimum Flow Requirements (Issued December 1, 2015).

(e)          Federal Energy Regulatory Commission - Notice Granting Late Intervention (Issued December 3, 2015).

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 Nicolas Saarni

(b)        Claim of Chris Yoxall

Items Recommended for Approval:

APPOINTMENTS

(c)         Approval of Recommended Appointments/Reappointments

BOARD OF SUPERVISORS

(d)        Acceptance of an Informational Update from the Board of Supervisors Marijuana Ad Hoc Committee

COUNTY COUNSEL

(e)         Approval of Agreement with Thomas Law Group in the Amount of $250,000 for Legal Representation in SCUK-CVPT-15-66119, titled Animal Legal Defense Fund et. al. v. Mendocino County for Fiscal Year 2015-16

EXECUTIVE OFFICE

(f)          Approval of the Public Facilities Corporation (PFC) Annual Report

(g)        Approval of Certification Statement Regarding Composition of the Local Child Care and Development Planning Council Membership and Acceptance of Self-Evaluation Findings

HUMAN RESOURCES

(h)        Approval of Agreement with Delta Health Systems, in the Amount of $290,164.40,  to Continue to Provide Claims Administration Services for the County's Health Plan Effective January 1, 2016

PLANNING AND BUILDING SERVICES

(i)          Approval of  the Appointments of Robert Pinoli, John Kuhry, Trish Steel, and Joseph Webb as Governing Body Members/Directors to the Sonoma Mendocino Economic Development District (SMEDD)

TRANSPORTATION

(j)          Adoption of Resolution Approving Amendment No. 2  to Board of Supervisors (BOS) Agreement No. 14-107/Department of Transportation (DOT) Agreement No. 140006, Professional Services Agreement with SHN Consulting Engineers & Geologists, Inc., in the Amount of $20,000, to Assist the County in Conforming with the New Stormwater Industrial General Permit (Laytonville and Gualala Areas)

(k)        Adoption of Resolution Approving Amendment No. 2 to Board of Supervisors (BOS) Agreement No. 14-108/Department of Transportation (DOT) Agreement No. 140071, Professional Services Agreement with SHN Consulting Engineers & Geologists, Inc., in the Amount of $10,000, to Assist the County in Conforming with the New Stormwater Industrial General Permit (Caspar Area)

Board of Supervisors Concurrent Boards

MENDOCINO COUNTY AIR QUALITY MANAGEMENT DISTRICT.

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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Agenda Paragraph

 

 

 

 

 

 

 

 

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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