Carre Brown

1st District Supervisor

John McCowen

2nd District Supervisor

John Pinches

3rd District Supervisor

Vice-Chair

Dan GJerde

4th District Supervisor

DAN HAMBURG

5th District Supervisor

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

February 26, 2013 – 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.

 

 

 

 

 

 

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: Accept 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: Provide direction to staff regarding matters of legislation.

AGRICULTURE

(c)         Informational Presentation on the Development of the Agricultural Lands Discharge Program by the North Coast Regional Water Quality Control Board (NCRWQCB) Addressing Anticipated Program Structure, Impacts to Agriculture, and Initial Local Efforts to Assist with the Eventual Implementation of the Program

Recommended Action/Motion: Receive presentation and give further direction to Agricultural Commissioner to continue working with other local agencies to develop a local program that assists farmers and ranchers with the coming Agricultural Lands Discharge Program.

MENDOCINO COUNTY EMPLOYEES' RETIREMENT ASSOCIATION

(d)        Presentation of Retirement System Actuarial Valuation for the Fiscal Year Ending June 30, 2012 and Adoption of Retirement System Rates for Fiscal Year 2013/14

Recommended Action/Motion: Accept actuarial valuation report and adopt the Retirement Board's recommended retirement system contribution rates as contained within the report.

TRANSPORTATION

(e)        Director's Report

Recommended Action/Motion: Accept the report of the Transportation Director.

BOARD OF SUPERVISORS AND MISCELLANEOUS

6.    Board of Supervisors And Miscellaneous                                                                                            

(a)         Supervisors' Reports

(b)        Adoption of Resolution Implementing Provisions of Assembly Bill 2284 (Chesbro) and Vehicle Code §2810.2 in Mendocino County (Sponsors: Supervisors Gjerde and McCowen)

Recommended Action/Motion: Adopt the resolution implementing the provisions of Assembly Bill 2284 (Chesbro) and Vehicle Code §2810.2 in Mendocino County.

(c)         Consideration and Adoption of Resolution of the Mendocino County Board of Supervisors in Support of the Proposed Northern Expansion of the Boundaries of the Gulf of the Farallones and Cordell Bank National Marine Sanctuaries and the Further Expansion of the Gulf of the Farallones National Marine Sanctuary to Include the Entire Mendocino County Coast (Sponsors: Supervisors Gjerde and McCowen)

Recommended Action/Motion: Adopt the Resolution in support of the Proposed Northern Expansion of the Gulf of the Farallones and Cordell Bank National Marine Sanctuaries and the further expansion of the Gulf of the Farallones National Marine Sanctuary to include the entire Mendocino County Coast.

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

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

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

(d)        Pursuant to Government Code Section 54956.9(a) - Conference with Legal Counsel - Existing Litigation: SEIU Local 1020 v. Mendocino County, et al., Case No. SCUK-CV6-1361676

(e)        Pursuant to Government Code Section 54956.9 - Conference with Legal Counsel - County of Colusa v. Douglas, Sacramento Superior Court Case No. 34-2012-80001053

(f)          Pursuant to Government Code Section 54957 - Public Employee Performance Evaluation - Agricultural Commissioner/Sealer of Weights and Measures

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

(a)         Claim of Gwendolyn Knause

(b)        Claim of Netha Hill

(c)         Claim of State Farm Insurance as Subrogee of Pauline Rugert

Items Recommended for Approval:

MINUTES

(d)        January 8, 2013, Regular Board Meeting Minutes (Continued from January 22, 2013)

(e)        January 22, 2013, Regular Board Meeting Minutes

(f)          February 5, 2013, Special Board Meeting Minutes

(g)        February 12, 2013, Regular Board Meeting Minutes

BOARD OF SUPERVISORS

(h)        Approval of Letter of Recommendation for Appointment of Sonoma County Supervisor Mike McGuire to the AB 2443 (Williams, D-Santa Barbara) Technical Advisory Panel (Sponsor: Supervisor Brown)

Recommended Action/Motion: Approve sending a letter of recommendation to the California Department of Boating and Waterways to appoint Sonoma County Supervisor Mike McGuire to the AB 2443 Technical Advisory Panel, authorizing the Chair to sign.

(i)          Approval of Letter of Support for the Lost Coast Redwood and Salmon Initiative (Sponsor: Supervisor Gjerde)

Recommended Action/Motion: Approve the letter of support for the Lost Coast Redwood and Salmon Initiative.

GENERAL SERVICES AGENCY

(j)          Reaffirming a Declaration of Emergency Pursuant to MCC Sec. 2.32.040 and Public Contract Code Section 22050 Due to Damage to a County Owned Facility Located at 1120 S. Dora, Ukiah Caused by Flooding

Recommended Action/Motion: Reaffirm the declaration of emergency pursuant to MCC Sec. 2.32.040 and Public Contract Code Section 22050 due to damage to a county owned facility located at 1120 S. Dora, Ukiah caused by flooding.

HEALTH AND HUMAN SERVICES AGENCY

(k)        Approval of Amendment to Purchasing Agent Agreement 12-62 with California Psychiatric Transitions, Inc. (Delhi, CA) Increasing Agreement Amount by $117,100 for a New Total Agreement of $167,100 to Provide Residential Treatment Program to Mental Health Clients in Fiscal Year 2012/13

Recommended Action/Motion: Approve and authorize the Board Chair to sign amendment to purchasing agent agreement number 12-62 increasing agreement amount by $117,100 for a new total agreement amount of $167,100 to provide residential treatment program to mental health clients in Fiscal Year 2012/2013; and authorize the HHSA Director to sign any future amendments to the agreement that do not increase the annual maximum amount.

HUMAN RESOURCES

(l)          Adoption of Resolution Adopting Classification Changes As Follows: Adopt Classification of Treasury Specialist; Change Title of Collections Supervisor to Deputy Treasurer Tax Collector; Abolish Classifications of Collections Administrator & Revenue Recovery Specialist Trainee; and Amending Position Allocation Table as follows: Budget Unit 1130; Delete Three (3) FTE Property Tax Technicians,  Add One (1) Revenue Recovery Specialist, Add One (1) FTE Treasury Specialist, Add One (1) FTE Deputy Treasurer Tax Collector;  Budget Unit 2012; Delete One (1) FTE Collections Supervisor, Delete One (1) FTE Collections Administrator, Add One (1) FTE Deputy Treasurer Tax Collector; and Authorize Reclassifications, Title Changes, and/or Salary Adjustments to Affected Incumbents

Recommended Action/Motion: It is recommended the Board adopt a Resolution adopting classification changes as follows: adopt classification of Treasury Specialist; change title of Collections Supervisor to Deputy Treasurer - Tax Collector; abolish classifications of Collections Administrator & Revenue Recovery Specialist Trainee; and amending Position Allocation Table as follows: Budget Unit 1130; delete three (3) FTE Property Tax Technicians,  add one (1) Revenue Recovery Specialist, add one (1) FTE Treasury Specialist, add one (1) FTE Deputy Treasurer - Tax Collector;  Budget Unit 2012; delete one (1) FTE Collections Supervisor, delete one (1) Collections Administrator add one (1) FTE Deputy Treasurer Tax Collector and authorize reclassifications, title changes, and/or salary adjustments to affected incumbents and authorize Chair to sign same.

PLANNING AND BUILDING SERVICES

(m)      Approval of Amendment to Subrecipient Agreement with Community Development Commission of Mendocino County, BOS Agreement No. 11-009; Authorization for CEO to Approve Amendments to this Agreement, Including Addendums 1 & 2

Recommended Action/Motion: Approve the amendment to Subrecipient Agreement with CDC; authorize the CEO to approve future amendments to the agreement, including Addendums 1 & 2.

TRANSPORTATION

(n)        Adoption of Resolution Approving Release of Surety for the Subdivision Improvement Agreement for CDMS 7-2007 (Wright), Board of Supervisors Agreement No. 08-048, as Amended (Albion Area)

Recommended Action/Motion: By Resolution, authorize the Director of Transportation to release the Subdivision Improvement Agreement surety as follows: release Performance surety immediately and release Payment surety after six months from the date the Notice of Completion was filed, provided no claims of lien are received or actions filed against Payment surety.

(o)        Adoption of Resolution Approving and Executing Department of Transportation Agreement No. 110059, Amendment No. 2 to BOS Agreement 12-010/DOT Standard Services Agreement with Rau and Associates, Inc., for Preparation of a Historic Resources Evaluation Report (HRER), a Vertical Archeological Investigation, and a Wetlands and Floodplain Report for the Placement of a Pedestrian Bridge Over Ten Mile Creek Along Branscomb Road (Laytonville Area)

Recommended Action/Motion: By resolution, approve DOT Agreement No. 110059 Amendment No. 2 to BOS Agreement No. 12-010, authorize the Director of Transportation, or his designated representative, to execute said agreement for total contract amount of $175,987, and authorize any and all amendments to this Agreement that will not result in an increased contract amount beyond the new authorized amount of $228,987.

TREASURER-TAX COLLECTOR

(p)        Adoption of Resolution Approving the Request to Sell Tax-Defaulted Property Subject to the Power of Sale

Recommended Action/Motion: Adopt the Resolution approving the request to sell tax-defaulted property subject to the power of sale and authorize the Chair to sign the same.

(q)        Adoption of Resolution Appointing/Delegating the Treasurer-Tax Collector as the County Financial Evaluation Officer in Accordance with Government Code Section 27750

Recommended Action/Motion: Adopt the Resolution appointing/delegating the Treasurer-Tax Collector as the County Financial Evaluation Officer in accordance with Government Code Section 27750.

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