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

 

 

 

 

Thomas R. Parker

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

 

Regular Meeting

November 13, 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 silenced upon entering the Board Chambers.

 

 

 

 

TIMED ITEMS

 

      Timed Items                                                                                                                                                                       

        Please note that all times provided are considered approximate.

1:30 p.m.:    Presentation and Possible Action Regarding Implementation of a New PEPRA (Public Employees Pension Reform Act of 2013) Compliant Retirement Tier(s) and Adoption of a Resolution Adopting a New Retirement Tier(s) for Mendocino County (See Item No. 5c)

                    Williamson Act/AB 1265 Public Hearing Rescheduled to Tuesday, December 11, 2012, at 1:30 p.m.

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 are generally addressed on Mondays and may be presented or commented on as needed.

(a)         Adoption of Proclamation Recognizing Alexander Malarich in Achieving the Rank of Eagle Scout in Mendocino County (Sponsors: Supervisors McCowen and Brown)

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.

(c)         Presentation and Possible Action Regarding Implementation of a New PEPRA (Public Employees Pension Reform Act of 2013) Compliant Retirement Tier(s) and Adoption of a Resolution Adopting a New Retirement Tier(s) for Mendocino County

Recommended Action/Motion: 1) Receive the presentation; 2) Obtain GENERAL CONSENSUS to proceed with (a) PEPRA tiers; (b) 1937 Act Allowable tiers; or (c) a combination thereof;  3) Adopt the resolution implementing: General members tier __________ ; Safety members tier ________; and Safety Probation member tier___________ (as determined in step no. 2) effective January 1, 2013;  4) Direct that the work group return on December 11, 2012, with the updated Actuarial Contribution Rate Chart for formal adoption effective January 1, 2013, based on the tier determination(s) in step no. 3);  5) Direct the PEPRA Work Group to proceed with system administration and implementation planning to meet the January 1, 2013, target implementation; and 6) Provide other direction to staff as deemed necessary.

BOARD OF SUPERVISORS AND MISCELLANEOUS

6.    Board of Supervisors And Miscellaneous                                                                                            

(a)         Supervisors' Reports

(b)        Acceptance of Board Ad-Hoc Committee Interim Progress Report on Development of the 2013 Legislative Platform (Supervisors Brown and Hamburg)

Recommended Action/Motion: That the Board receive the status report on development of the 2013 Mendocino County Legislative Platform and provide direction to staff.

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.           

MENDOCINO COUNTY AIR QUALITY MANAGEMENT DISTRICT

(a)         Presentation of the Air Quality Management District 2012 Third Quarter Report on District Activities

Recommended Action/Motion: No action necessary as this is an informational item only.

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: Carmel J. Angelo, Kyle Knopp, Pat Meek, and Rick Haeg; Employee Organization(s):  All

(b)        Pursuant to Government Code Section 54956.9 - Conference with Legal Counsel - Existing Litigation: Coast Action Group; Russian Riverkeeper v. County of Mendocino; Board of Supervisors of the County of Mendocino - Mendocino County Superior Court Case No. SCUK CVG 11 59176

(c)         Pursuant to Government Code Section 54956.9b - Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to Litigation - One Case

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.

(a)         State of California Fish and Game Commission - Notice of findings regarding the Gray Wolf; on October 3, 2012, the Fish and Game Commission accepted for consideration the petition submitted to list the Gray Wolf as an endangered species; interested parties may contact Sonke Mastrup, Executive Director, Fish and Game Commission, 1416 Ninth Street, Box 944209, Sacramento, CA 94244-2090, or by phone at (916) 653-4899.

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 Approval:

BOARD OF SUPERVISORS

(a)         Approval of a Letter of Concern Regarding the Bay Delta Conservation Plan (Sponsor: Supervisor Smith)

Recommended Action/Motion: The Board approves a letter of concern regarding the Bay Delta Conservation Plan, and authorizes the Chair to sign same.

DISTRICT ATTORNEY

(b)        Adoption of Resolution Authorizing the Submittal of a Grant Application to the Board of State and Community Corrections for the Anti-Drug Abuse Enforcement Program

Recommended Action/Motion: Adopt the Resolution authorizing submittal of the Grant Application to the Board of State and Community Corrections (BSCC) for the Anti-Drug Abuse Program.

HEALTH AND HUMAN SERVICES AGENCY

(c)         Approval of Memorandum of Understanding (MOU) with Sonoma County for the Provision of Mandated Laboratory Testing Services in the Amount of $211,436 for the 3-Year Term October 1, 2012, Through June 30, 2015

Recommended Action/Motion: Approve entering into a Memorandum of Understanding (MOU) with Sonoma County for the Provision of Mandated Laboratory Testing services in the amount of $211,436 for the 3-year term October 1, 2012, through June 30, 2015, and authorize Stacey Cryer, HHSA Director to sign any subsequent amendments that do not increase the annual maximum amount payable under the terms of the MOU.

SHERIFF-CORONER

(d)        Approval of Memorandum of Understanding (MOU) Between the County of Mendocino and County of Shasta to Confine Inmates of Shasta County Sheriff's Office within the Mendocino County Jail

Recommended Action/Motion: Approve the MOU between the County of Mendocino and County of Shasta to confine inmates of Shasta County Sheriff's Office within the Mendocino County Jail, and authorize the Chair to sign same.

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