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Carre Brown 1st District Supervisor |
John McCowen 2nd District Supervisor Chair |
John Pinches 3rd District Supervisor |
4th District Supervisor |
DAN 5th District Supervisor Vice-Chair |
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Chief Executive Officer/ Clerk of the Board |
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Jeanine b. nadel |
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(707) 463-4441 Fax (707) 463-5649 cob@co.mendocino.ca.us |
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Mendocino
Agenda Regular
Meeting April
10, 2012 – 9:00 AM Board
Chambers, Room 1070, |
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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, 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. |
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TIMED ITEMS
Timed
Items
Please note that all times
provided are considered approximate.
10:00 a.m.: Noticed Public Hearing - Adoption of Resolution Confirming the
Fiscal Year 2012-2013 Annual Report of the Mendocino County Lodging Business
Improvement District (BID) Thereby Levying an Annual Assessment for the BID in
Fiscal Year 2012-2013 (See
Item No. 5c)
11:00 a.m.: Noticed Public Hearing - Consider Adoption of a Mitigated Negative
Declaration, in Compliance with CEQA Requirements, for Replacement of Bridge
No. 10C-0084 on
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.
None.
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
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.
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.
Recommended Action/Motion: Hold the public hearing, and adopt the
Resolution confirming acceptance of the Fiscal Year 2012-2013 Annual Report of
the Mendocino County Lodging Business Improvement District (BID) thereby
levying an annual assessment for the BID in Fiscal Year 2012-2013.
City of
Recommended Action/Motion: That the Board of Supervisors appoints
_____________________ as the County of
Mendocino; _____________________ as the City of Fort Bragg;
_____________________ as the City of Ukiah; and _____________________ as the
City of Willits, "public" members to the respective Oversight Boards,
pursuant to Health and Safety Code
Section §34179.
PLANNING AND
BUILDING SERVICES
(e)
Review and Possible
Certification of the Final Environmental Impact Report (FEIR) as well as
Possible Action on Zoning Code Amendment and Rezone No. OA 1-2007/R 4-2011
(Harris Quarry) -Continuation of April 9, 2012, Noticed Public Hearing, if
Necessary
Recommended Action/Motion: First:
Review the Final EIR and its incorporated Water Supply Assessment, Findings
of Fact, Statement of Overriding Considerations and Mitigation Monitoring and
Reporting Program and certify by Resolution that the FEIR adequately addresses
the environmental impacts of the project in compliance with the requirements of
the California Environmental Quality Act (CEQA); and
Second: Review the
proposed Ordinance amendments and rezoning and adopt by Ordinance as listed
below:
1) The Board of
Supervisors adopts an Ordinance amending Chapter 20.040.010 of Division I of
Title 20 of the
2) The Board of
Supervisors adopts an Ordinance amending Chapter 20.036.010 of Division I of
Title 20 of the
3) The Board of
Supervisors adopts an Ordinance amending Division I of Title 20 of the
4) The Board of
Supervisors adopts an Ordinance amending Chapter 20.152.025 of Division I of
Title 20 of the
5) The Board of
Supervisors adopts an Ordinance approving the rezoning of a portion of
Assessor's Parcel Number 147-140-07 from RL-160 to RL-160:MP
TRANSPORTATION
Recommended Action/Motion: That the Board of Supervisors accepts
the report of the Transportation Director.
(g)
Noticed Public Hearing
- Consider Adoption of a Mitigated Negative Declaration, in Compliance with
CEQA Requirements, for Replacement of Bridge No. 10C-0084 on School Way, CR
236, at M.P. 1.31 over the West Fork of the
Recommended Action/Motion: Conduct the relevant public hearing to
consider information and testimony regarding the environmental impacts of the
proposed School Way Bridge Replacement project and, if supported by the
presented evidence, by Resolution adopt a Mitigated Negative Declaration for
the project and authorize the Director of Transportation to file the applicable
Notice of Determination.
Recommended Action/Motion: By Direction of Board, authorize
Director of Transportation to proceed with work on Alternate Leachate Disposal
- Engineering and Permitting.
BOARD OF SUPERVISORS AND MISCELLANEOUS
6. Board of Supervisors And Miscellaneous
(a)
Supervisors'
Reports
(b)
Adoption of Resolution Adopting
Mendocino County Volunteer Policy, Terms of Workers Compensation Coverage for
County Volunteers, and Superseding Resolution No. 94-043 Regarding Workers
Compensation Coverage
(Sponsors: Supervisor Brown; Executive Office; and Human Resources)
Recommended Action/Motion: It is recommended the Board adopt the
Resolution adopting the Mendocino County Volunteer Policy, Terms of Workers
Compensation Coverage and superseding Board Resolution 94-043 regarding Workers
Compensation Insurance Coverage for County volunteers and authorize Chair to
sign same.
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 Board of Supervisors Acting as the Governing Board
of the Successor Agency for 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.
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:
(b)
Pursuant
to Government Code Section 54956.9(c) - Conference with Legal Counsel -
Initiation of Litigation: Joinder in
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/Rejection:
CLAIMS AGAINST THE
COUNTY
Items Recommended for Approval:
MINUTES
(c)
Minutes of the
March 26, 2012, Regular Board Meeting
(d)
Minutes of the
March 27, 2012, Regular Board Meeting
APPOINTMENTS
(e)
Approval of
Recommended Appointments/Reappointments
Recommended Action/Motion: The Board of Supervisors approves the
following appointments/reappointments:
|
Board or
Commission |
Appointee |
Category |
|
Caspar South Water District (to fill quorum) |
Steve Clouse |
Long-Term Director |
|
Caspar South Water District (to fill quorum) |
Marc Wasserman |
Short-Term Director |
|
Health and Human Services Agency Advisory Board (HHSA) |
John
Williams |
Member #21 - Mendo/Lake Medical Society Representative |
|
Mendocino |
Eric Anderson |
5th
District |
|
|
Gregory T. Nelson |
At-Large -
Agricultural Representative |
|
Mendocino County Resources Conservation District |
Craig Blencowe |
Long-Term
Director |
|
Mendocino County Resources Conservation District |
Jerome J. Dix |
Long-Term
Director |
|
Mendocino County Resources Conservation District |
Tyler Nelson |
Long-Term
Director |
BOARD OF
SUPERVISORS
Recommended Action/Motion: Accept the
Recommended Action/Motion: Approve the comment letter and appoint a
Board member to attend the
Recommended Action/Motion: To approve the letter of support for AB
1961 and authorize the Chair to sign.
HEALTH AND HUMAN
SERVICES AGENCY
Recommended Action/Motion: Approve and authorize the Board Chair to
sign the Agreement with California Department of Forestry and Fire Protection (
HUMAN RESOURCES
Recommended Action/Motion: 1) Accept informational report on year 2
of Wellness Program's Incentive-Based Health Plan Design; 2) Approve Plan Year
2 Health and Retiree Health Plan Design Changes effective January 1, 2013.
Recommended Action/Motion: It is recommended the Board adopt the
Resolution amending the Position Allocation Table as follows: add Librarian II
S34A (1 FTE) Budget Unit 6110; add Library Assistant (9 @ .5 FTE; 1 @ .75 FTE)
S21A Budget Unit 6110 and authorize Chair to sign same.
Recommended Action/Motion: It is recommended the Board adopt the
resolution approving the Memorandum of Understanding between the County of
Mendocino and the Service Employee's International Union for the term of
January 23, 2012 through June 30, 2013, and authorize Chair to sign same.
PROBATION
(m)
Adoption of
Resolution Establishing a Records Retention Schedule for the Probation
Department
Recommended Action/Motion: Approve and sign the Resolution
establishing a records retention schedule for the Probation Department.
SHERIFF-CORONER
Recommended Action/Motion: Approve the purchase of two (2) ICOP
patrol vehicle cameras using the Sheriff's Federal Asset Forfeiture Funds; add
the two cameras to the County's Approved List of Fixed Assets; and approve the
related budget transfer.
(o)
Authorization
of the Mendocino County Sheriff's Office to Submit an Application to the State
of California, Department of Parks and Recreation, Off-Highway Vehicle
Recreational Area Grant in the Amount of $78,330, with an Additional $16,624 Match (In Kind) from the Mendocino County Sheriff's
Office; Adoption of Corresponding Resolution; Authorization of the Sheriff to
Sign Any Subsequent Agreements, Amendments and/or Other Required Documentation;
and Authorization of the Acceptance of Awarded Amount, and the Designation of
Sheriff Allman as the County's Authorized Agent for this Grant
Recommended Action/Motion: Authorize the Mendocino County Sheriff's
Office to submit an application to the State of California, Department of Parks
and Recreation, Off-Highway Vehicle Recreational Area Grant in the amount of
$78,330; authorize the Sheriff to sign any subsequent agreements, amendments
and/or other required documentation; adopt corresponding Resolution,
authorizing Board Chair to sign same; and direct the Clerk of the Board to
provide the Sheriff's Office with a certified copy of said Resolution.
SOLID WASTE
Recommended Action/Motion: Authorize the Chair to sign First
Amendment to the Franchise Agreement between the County of Mendocino and Solid
Wastes of Willits, Inc. for Solid Waste Refuse Collection Area No. One.
TRANSPORTATION
(q)
Adoption of
Resolution Approving Department of Transportation Agreement No. 120021 and
Accepting the Grant Deed Conveying Real Property from Feliz Creek Limited
Partnership for the Acquisition of Rights of Way Needed
for Construction of the Feliz Creek Bridge Replacement Project on Road 110, CR
110, M.P. 0.10 (Hopland Area)
Recommended Action/Motion: By Resolution, accept and approve
Department of Transportation Agreement No. 120021 with Feliz Creek Limited
Partnership, accept the Grant Deed conveying real property from Feliz Creek
Limited Partnership, in connection with Department of Transportation Project
No. B-0401, and authorize and direct the Board Chair to execute said Agreement
and the Statutory Certificate of Acceptance and direct the Clerk of the Board
to submit the Grant Deed to Redwood Empire Title Company (Escrow No.
20110338DN) for further processing and recording.
Recommended Action/Motion: By Resolution establish the total
mileage of
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
·
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