Carre Brown

1st District Supervisor

John McCowen

2nd District Supervisor

Chair

John Pinches

3rd District Supervisor

Kendall Smith

4th District Supervisor

DAN HAMBURG

5th District Supervisor

Vice-Chair

 

 

 

 

CARMEL J. ANGELO

Chief Executive Officer/

Clerk of the Board

 

 

 

 

Jeanine b. nadel

County Counsel

 

 

 

 

county administration center

501 Low Gap Road, Room 1010

Ukiah, CA  95482

(707) 463-4441

Fax (707) 463-5649

cob@co.mendocino.ca.us

 

 

 

Mendocino County Board of Supervisors

 

Agenda (amended)

 

Regular Meeting

January 24, 2012 – 9:00 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 turned off upon entering the Board Chambers.

 

 

 

 

TIMED ITEMS

 

      Timed Items                                                                                                                                                                       

        Please note that all times provided are considered approximate.

10:00 a.m.: Introduction and Waive Reading of an Ordinance Amending Mendocino County Code Section 9.31 Medical Marijuana Cultivation Regulation (See Item No. 5c)

1:30 p.m.:  Presentation and Possible Action on Retiree Health Plan Work Group Recommendations on the Termination and Alternatives to the Termination of the Non-Medicare Eligible Retiree Health Plan Effective February 29, 2012 (See Item No. 5d)

OPEN SESSION

1.     Open Session                                                                                                                                                                      

(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

Recommended Action/Motion: That the Board of Supervisors accepts 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: That the Board of Supervisors provides direction to staff regarding matters of legislation.

COUNTY COUNSEL

(c)         Introduction and Waive Reading of an Ordinance Amending Mendocino County Code Section 9.31 Medical Marijuana Cultivation Regulation

Recommended Action/Motion: Introduce and waive reading of the ordinance amendment Mendocino County Code Section 9.31 Medical Marijuana Cultivation Regulation.

HUMAN RESOURCES

(d)        Presentation and Possible Action on Retiree Health Plan Work Group Recommendations on the Termination and Alternatives to the Termination of the Non-Medicare Eligible Retiree Health Plan Effective February 29, 2012

Recommended Action/Motion: 1)  Accept presentation from Staff and Retiree Health Plan Work Group on Recommendations on Termination and Alternatives to the Termination of the Non-Medicare Eligible Retiree Health Plan Effective February 29, 2012; 2) Should the Board rescind the November 15, 2011 direction regarding termination of the  Non-Medicare Eligible Retire Health Plan 2a) Continue to offer the current plan (at $922.56 per participant fully paid by participant) through December 31, 2012 returning to the Board with quarterly updates on plan experience and funding levels;  2b) Allow for the approximate 60 non-Medicare eligible retirees who were participants in the retiree health plan in September 2011 (prior to the notification of the rate increase and elimination of the County subsidy) who subsequently dropped from the plan to have the opportunity to re-enroll with an effective date of March 1, 2012 at the same premium rate;  2c) Return to the Board in August/September 2012 with a possible renewal option for Plan Year 2013 based on the experience levels of the participant group and status of the Retiree Health Plan Trust Fund at that time; 2d) Should the Board determine, after review of the proposed renewal rates for Plan Year 2013, its desire to retain the Retiree Health Plan for Plan (Calendar) Year 2013, confirm the Board's intent to terminate retiree health plan effective December 31, 2013 at which time the Health Care Reform exchange program is expected to be implemented.

TRANSPORTATION

(e)        Director's Report

Recommended Action/Motion: That the Board of Supervisors accept the report of the Transportation Director.

(f)          Presentation of the Phase 2 Report - Field Assessment of Management Practices, Policies and Procedures for Protecting Anadromous Salmonid Habitat in the Five Counties Salmonid Conservation Program (5C) Region (Countywide)

Recommended Action/Motion: None.  This is an informational item only.

BOARD OF SUPERVISORS AND MISCELLANEOUS

6.    Board of Supervisors And Miscellaneous                                                                                            

(a)         Supervisors' Reports

(b)        Introduction and Waive Reading of Ordinance Amending Section 3.04.071 of the Mendocino County Code Regarding Compensation for Elected County Supervisors (Sponsors: Supervisors Brown and McCowen) (Rev)

Recommended Action/Motion: Introduce and waive the reading of Ordinance amending Section 3.04.071 of the Mendocino County Code regarding compensation for elected County Supervisors.

BOARD OF DIRECTORS MATTERS

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 Library District; Mendocino County Public Facilities Corporation; Mendocino County Water Agency; and the Redevelopment Agency of the County of Mendocino.          

MODIFICATIONS TO AGENDA

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.

(a)         Adoption of Resolution Approving the Memorandum of Understanding Between the County of Mendocino and the Mendocino County Management Association for the term of January 24, 2012 through January 23, 2013

Recommended Action/Motion: It is recommended that the Mendocino County Board of Supervisors adopt the resolution and approve the Memorandum of Understanding between the County of Mendocino and the Mendocino County Management Association for the term of January 24, 2012 through January 23, 2013, and authorize Chair to sign same.

CLOSED SESSION

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, Pat Meek, and Rick Haeg; Employee Organization(s):  All

COMMUNICATIONS RECEIVED AND FILED

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.

CONSENT CALENDAR ITEM DETAIL

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:

CLAIMS AGAINST THE COUNTY

(a)         Claim of North Gualala Water Company

(b)        Claim of Timothy Goss

Items Recommended for Approval:

MINUTES

(c)         January 10, 2012, Board Meeting

APPOINTMENTS

(d)        Approval of Recommended Appointments/Reappointments to the Mendocino Council of Governments (MCOG)

Recommended Action/Motion: That the Board of Supervisors approves the following appointments/reappointments:

AGRICULTURE

(e)        Adoption of Resolution Proclaiming Sundays to be "Eat Local, Buy California Grown Day" in Mendocino County

Recommended Action/Motion: Adopt Resolution Proclaiming Sundays to be "Eat Local, Buy California Grown Day" in Mendocino County.  Return Adopted Resolution to the Department of Agriculture for forwarding to Assembly Member Ma.

ASSESSOR/CLERK-RECORDER

(f)          Approval of Consolidation of a Municipal Election for the City of Ukiah with the Presidential Primary Election to be held June 5, 2012

Recommended Action/Motion: Approve the County Clerk to consolidate the City of Ukiah's Municipal Election with the Presidential Primary Election to be held on June 5, 2012.

(g)        Approval of Consolidation of a Special Election for the Coast Life Support District with the April 10, 2012 Special Municipal Election for the City of Fort Bragg

Recommended Action/Motion: Approve the County Clerk to Consolidate the Special District Election with the Special Municipal Election for the City of Fort Bragg scheduled for Tuesday, April 10, 2012.

BOARD OF SUPERVISORS

(h)        Adoption of Resolution Exempting Fire Departments with 501(c) Status from Payment of the Alcoholic Beverage Control License Fee for Events Exceeding One Day (Sponsors: Supervisors Pinches and Smith)

Recommended Action/Motion: Adopt resolution exempting fire departments with 501(c) status from payment of the alcoholic beverage control license fee for events exceeding one day, and authorize Chair to sign same.

(i)          Approval of a Letter of Support for the Re-Appointment of Daphne Greene as Deputy Director, California State Parks, Off-Highway Motor Vehicle Recreation (OHMVR) Division (Sponsors: Supervisors Brown and McCowen)

Recommended Action/Motion: Approve the letter of support for the re-appointment of Daphne Greene as Deputy Director, California State Parks, Off-Highway Motor Vehicle Recreation (OHMVR) Division.

COUNTY COUNSEL

(j)          Approval by the Mendocino County Board of Supervisors of Rental Agreement Between the Mendocino County Fair and Apple Show (Association) and Sierra Nevada World Music Festival (Renter)

Recommended Action/Motion: The Board of Supervisors approve, by Minute Order, the rental agreement between the Mendocino County Fair and Apple Show (Association) and Sierra Nevada World Music Festival (Renter).

EXECUTIVE OFFICE

(k)        Approval of Amendment Extending the Term of BOS Agreement No. 11-067 to December 31, 2012, for Services Between the County of Mendocino and KNN Public Finance for Financial Advisory Services Related to 2012 Refunding Certificates of Participation (COPs)

Recommended Action/Motion: Approve the amendment to BOS agreement No. 11-067 extending terms for services between the County of Mendocino and KNN Public Finance for financial advisory services related to 2012 refunding certificates of participation (COPs).

(l)          Ratification of a Letter of Opposition Regarding Emergency Regulations for the State Responsibility Area (SRA) Fire Prevention Fees as Prescribed Pursuant to ABX1 29

Recommended Action/Motion: That the Board ratify the letter as executed by the Chair.

HEALTH AND HUMAN SERVICES AGENCY

(m)      Approval of Agreement with the California Department of Public Health (CDPH) in the Amount of $150,000 to Provide Nutrition Education and Obesity Prevention Services to Eligible Low-Income Families in Mendocino County in Fiscal Year 2011/2012; and Adoption of Resolution Authorizing the HHSA Director to Approve Any Future Renewals or Amendments to the Grant

Recommended Action/Motion: Approve and authorize the Board Chair to sign the agreement with the California Department of Public Health (CDPH) in the amount of $150,000 to provide nutrition education and obesity prevention services to eligible low-income families in Fiscal Year 2011/2012; and adopt resolution authorizing the HHSA Director to approve any future renewals or amendments to the grant.

HUMAN RESOURCES

(n)        Adoption of Resolution Amending Position Allocation Table as follows: ADD Department Analyst II S33C (1 FTE) to Budget Unit 2560 - Probation

Recommended Action/Motion: It is recommended the Board adopt the Resolution amending the Position Allocation Table as follows: ADD Department Analyst II S33C (1 FTE) to Budget Unit 2560; and authorize Chair to sign same.

(o)        Adoption of Resolution Approving the Memorandum of Understanding Between the County of Mendocino and the Mendocino County Deputy Sheriffs' Association for the term of January 24, 2012 through June 30, 2013

Recommended Action/Motion: It is recommended that the Mendocino County Board of Supervisors adopt the resolution and approve the Memorandum of Understanding between the County of Mendocino and the Mendocino County Deputy Sheriffs' Association for the term of January 24, 2012 through June 30, 2013, and authorize Chair to sign same.

(p)        Adoption of Resolution Approving the Memorandum of Understanding Between the County of Mendocino and the Mendocino County Law Enforcement Management Association for the term of January 24, 2012 through June 30, 2013

Recommended Action/Motion: It is recommended that the Mendocino County Board of Supervisors adopt the resolution and approve the Memorandum of Understanding between the County of Mendocino and the Mendocino County Law Enforcement Management Association for the term of January 24, 2012 through June 30, 2013, and authorize Chair to sign same.

(q)        Ratification of Approval of Agreement with CCHI (Cost Contained Health Innovations) in the Amount of  Approximately $163,721 for the Period January 1, 2012 through December 31, 2012, to Provide Stop Loss/Risk Management Services, Specific & Aggregate Excess Coverage and Associated Administration for the Mendocino County Non-Medicare Eligible Retiree Health Plan through Sun Life Assurance Company

Recommended Action/Motion: 1) Ratify Action of Human Resources Department's Approval of Agreement with CCHI in the Amount of Approximately $163,721 for the Period January 1, 2012 through December 31, 2012, to Provide Stop Loss/Risk Management Services, Specific & Aggregate Excess Coverage and Associated Administration for the Mendocino County non-Medicare Eligible Retiree Health Plan through Sun Life Assurance Company; and authorize the Human Resources Director, upon completion of a marketing analysis each year, to approve future annual stop loss renewals that do not exceed an annual 10% increase over existing rates.

(r)         Ratification of Approval of Agreement with CCHI (Cost Contained Health Innovations) in the Amount of Approximately $853,186 for the Period January 1, 2012 through December 31, 2012, to Provide Stop Loss/Risk Management Services, Specific & Aggregate Excess Coverage and Associated Administration for the Mendocino County Health Plan through Sun Life Assurance Company

Recommended Action/Motion: Ratify Action of Human Resources Department's Approval of Agreement with CCHI in the Amount of Approximately $853,186 for the Period January 1, 2012 through December 31, 2012, to Provide Stop Loss/Risk Management Services, Specific & Aggregate Excess Coverage and Associated Administration for the Mendocino County Health Plan through Sun Life Assurance Company; and authorize the Human Resources Director, upon completion of a marketing analysis each year, to approve future annual stop loss renewals that do not exceed an annual 10%  increase over existing rates.

SHERIFF-CORONER

(s)         Adoption of Resolution Seeking State Reimbursement for Special Expenses Incurred as a Result of the 2011 Apprehension Operation for Aaron James Bassler

Recommended Action/Motion: That the Board adopt a resolution seeking State reimbursement for special expenses incurred as a result of the 2011 Apprehension Operation for Aaron James Bassler, authorizing the Chair to sign same.

(t)          Approval of Purchase of Two (2) Vulcan Double Deck Convection Ovens for the Sheriff's Office Kitchen and to Add Them to the County Approved List of Fixed Assets

Recommended Action/Motion: Approve the purchase of two (2) Vulcan double deck convection ovens for the Sheriff's Office kitchen and to add them to the County Approved List of Fixed Assets.

SOLID WASTE

(u)        Approval of Caspar Transfer Station Operations Contract Amendment No. 2 to Allow Additional Transfer Station Development On Site

Recommended Action/Motion: Approve Amendment No. 2 to Caspar Transfer Station Operations Agreement and Lease, and authorize Chair to sign same.

TRANSPORTATION

(v)        Adoption of Resolution Approving and Executing Department of Transportation Agreement No. 110059, Professional Services Agreement with Rau and Associates, Inc. for Laytonville Pedestrian Bridge over Ten Mile Creek at Branscomb Road, CR 429, at M.P. 25.41 (Laytonville Area)

Recommended Action/Motion: By Resolution, approve the proposed agreement with Rau and Associates, Inc. and authorize and direct Board Chair to execute DOT agreement No. 110059.

(w)       Adoption of Resolution Approving and Executing Department of Transportation Agreement No. 110120, Professional Services Agreement with Alpha Analytical Laboratories, Inc. for Water and Gas Monitoring Laboratory Services at Closed Landfills Located in Gualala, Laytonville and Caspar

Recommended Action/Motion: By Resolution, approve the proposed agreement with Alpha Analytical Laboratories, Inc. and authorize and direct Board Chair to execute DOT agreement No. 110120.

(x)        Adoption of Resolution Approving and Executing Department of Transportation Agreement No. 110106, Professional Services Agreement with SHN Consulting Engineers & Geologists, Inc. for Water and Gas Monitoring Services at Closed Landfills Located in Gualala, Laytonville and Caspar

Recommended Action/Motion: By Resolution, approve the proposed agreement with SHN Consulting Engineers & Geologists, Inc. and authorize and direct Board Chair to execute DOT agreement No. 110106.

(y)         Adoption of Resolution Approving Department of Transportation Agreement No. 110101, Professional Services Agreement with MGE Engineering, Inc., for the Replacement of the Baechtel Creek Bridge on Muir Mill Road (Willits Area)

Recommended Action/Motion: By Resolution, approve DOT Agreement No. 110101, authorize Board Chair to execute the Agreement and authorize the Director of Transportation or his designated representative to sign any and all amendments to the Agreement that will not result in an increased cost beyond the amount specified.

(z)         Approval of Payment of One Invoice from the City of Fort Bragg for Leachate Disposal Fees for the Caspar Landfill, for the Period January 1, 2011, through June 30, 2011 (Fiscal Year 2010/11) (Caspar Area) - Continued from January 10, 2012

Recommended Action/Motion: (1) Approve payment of one invoice for leachate disposal fees to the City of Fort Bragg on behalf of Caspar Landfill and (2) authorize/direct the Director of Transportation to submit the invoice for leachate disposal fees to the Auditor/Controller for payment.

TREASURER-TAX COLLECTOR

(aa)     Adoption of an Ordinance Delegating Authority to Invest Funds to the Treasurer-Tax Collector for Calendar Year 2012

Recommended Action/Motion: Adopt the Ordinance delegating authority to invest funds to the Treasurer-Tax Collector for calendar year 2012.

Board of Supervisors Concurrent Boards

           

           

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 Library District; Mendocino County Public Facilities Corporation; Mendocino County Water Agency; and the Redevelopment Agency of the County of Mendocino.

 

REDEVELOPMENT AGENCY OF THE COUNTY OF MENDOCINO.

        Redevelopment Agency Of The County Of Mendocino

(bb)    Adoption of Resolution Approving and Adopting a First Amended Enforceable Obligation Payment Schedule

Recommended Action/Motion: Adopt the Resolution approving and adopting the first amended Enforceable Obligation Payment Schedule

Additional Meeting Information

 

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 at (707) 357-0624

·         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