Carre Brown 1st District Supervisor |
John McCowen 2nd District Supervisor |
John Pinches 3rd District Supervisor Vice-Chair |
Dan GJerde 4th District Supervisor |
DAN 5th District Supervisor Chair |
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Chief Executive Officer/ Clerk of the Board |
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Thomas R. Parker |
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(707) 463-4441 Fax (707) 463-5649 cob@co.mendocino.ca.us |
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Mendocino
Agenda Regular
Meeting November
5, 2013 – 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.
9:05 a.m.: Introduction and Waive Reading of an Ordinance Adding Chapter
6.35, also known as the Right to Industry Ordinance, to Title 6 of the
Mendocino County Code (See
Item No. 6b)
11:30 a.m.: Adoption of Proclamation Declaring that Bryan Arnold, Artist; Jill
Schmuckley, Individual Patron; John Chan Plumbing, a Business; and Tom Johnsen,
Arts Educator are Recipients of the 2013 Mendocino County Art Champions Awards
as Nominated by the Community and Selected by the Arts Council of Mendocino
County (ACMC) Board of Directors (See
Item No. 2a)
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.
(a)
Adoption of Proclamation
Declaring that Bryan Arnold, Artist; Jill Schmuckley, Individual Patron; John
Chan Plumbing, a Business; and Tom Johnsen, Arts Educator are Recipients of the
2013 Mendocino County Art Champions Awards as Nominated by the Community and Selected by the
Arts Council of Mendocino County (ACMC) Board of Directors (Sponsor: Executive
Office)
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: 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.
Recommended Action/Motion: Form an ad hoc committee composed of two
members of the Board, directing said ad hoc to define its own scope,
composition and timeline related to information on Lake Mendocino water
releases and downriver diversions of Russian River water in Sonoma County,
returning to the Board with a report and recommendation on how to proceed in
accordance with the Ad Hoc's timeline.
TRANSPORTATION
(d)
Transportation
Director's Report
Recommended Action/Motion: Accept the Report of the Transportation
Director.
Recommended Action/Motion: No action necessary as this is an
informational item only.
(f)
Introduction and Waive
Reading of Ordinance Amending Section 15.04.030(E) of the Mendocino County Code
- Speed Zones, Establishing a Prima Facie Speed Limit on a Portion of Mountain
House Road, CR 111, near MacMillan Drive, CR 114B
(Sanel Area)
Recommended Action/Motion: Introduce and waive reading of Ordinance
establishing a prima facie speed zone on a portion of
BOARD OF SUPERVISORS AND MISCELLANEOUS
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
Recommended Action/Motion: Introduce and waive the reading of an
Ordinance adding Chapter 6.35, known as the Right to Industry Ordinance, to
Title 6 of the Mendocino County Code along with direction to staff to insert
into the Ordinance the disclosure noticing option(s) the Board has chosen,
authorizing staff to present the Ordinance for adoption subsequent to proper
notice.
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:
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)
Federal Energy Regulatory Commission -
Notice of order approving revised as-built Exhibit F for Pacific Gas and
Electric Company as licensee for the Potter Valley Hydroelectric Project, FERC
No. 77; project located on the
(b)
State of California Fish and Game
Commission - Notice of proposed regulatory action relative to Section 601 and
subsection 702(a)(1), Title 14, California Code of Regulations, relating to
enhancement on private lands management; additional information may be obtained
by contacting Victoria Barr, Department of Fish and Wildlife, via phone at
(916) 445-5034, or online at www.fgc.ca.gov.
(c)
Board of State and Community Corrections
- Report of biennial inspection of the Mendocino County Sheriff's Office, adult
detention and Superior Court holding facilities, pursuant to Penal Code Section
6031.
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
Jessica Barrilleaux
Items Recommended for Approval:
MINUTES
(b)
September 24,
2013, Regular Board Meeting
(c)
October 8,
2013, Regular Board Meeting and Joint Meeting with the Ukiah City Council
APPOINTMENTS
(d)
Approval of
Recommended Appointments/Reappointments
Recommended Action/Motion: Approve the following
appointments/reappointments:
Board or
Commission |
Appointee |
Category |
Air
Quality Management District Hearing Board |
Christopher
Watt |
Alternate
Engineer |
Anderson
Valley Community Services District |
*Neil
Darling |
Short-Term
Director |
Child
Care Planning Council |
Kristen
Lawson |
Member
# 15, Public Agency Rep. |
Hopland
Public Utilities District |
*Joan
Norry |
Director |
Westport-Ten
Mile Cemetery District |
Steven
M. Brigham |
Trustee |
*Appointment
-in-lieu of election, per Board action on August 27, 2013 |
BOARD OF
SUPERVISORS
(e)
Approval of
Letter Supporting the Eel River Recovery Project's (ERRP) Eel River Water Conservation
and Pollution Abatement Proposal to the State Water Resources Control Board
Clean Up and Abatement Fund (Sponsors: Supervisors
Brown and Pinches)
Recommended Action/Motion: Approve the letter of support for the
DISTRICT ATTORNEY
Recommended Action/Motion: Adopt the Resolution authorizing the
District Attorney's Office submission of the Anti-Drug Abuse Grant Application
to the Board of State and Community Corrections (BSCC), and grant signatory
authority to the District Attorney.
GENERAL SERVICES
AGENCY
(g)
Approval of
Award of Contract to Wipf Construction for the Installation of a Fire
Protection System at the Mendocino County Avila Center, 790 S. Franklin St.,
Fort Bragg, CA and Authorize the General Services Agency Director to Sign the Contract Upon Receipt of the Bidder's Required Bonds and
Certificates of Insurance; and Authorize the Facilities and Fleet Division
Manager to Act as Project Manager and Approve Change Orders for the Project,
Pursuant to Public Contract Code Section 20142
Recommended Action/Motion: Approve the award of a contract to Wipf
Construction for the installation of a fire protection system at the Mendocino
County Avila Center, 790 S. Franklin St., Fort Bragg, CA and authorize the
General Services Agency Director to sign the contract upon receipt of the
bidders required bonds and certificates of insurance; and authorize the
Facilities and Fleet Division Manager to act as Project Manager and approve
change orders for the project, pursuant to Public Contract Code Section 20142.
HEALTH AND HUMAN SERVICES
AGENCY
(h)
Adoption of
Resolution to Accept the Approach Set Forth in Welfare and Institutions Code
Section 17600.50(a) that Requires a Redirection of Sixty Percent (60%) of the
Health Realignment Revenues that would Otherwise be Provided to County Medical Services Program (CMSP) Counties and the
Governing Board to a New State Account, the Family Support Services Subaccount
Recommended Action/Motion: Adopt the Resolution accepting the approach
set forth in Welfare and Institutions Code Section 17600.50(a) that requires a
redirection of sixty percent (60%) of the health realignment revenues that
would otherwise be provided to County Medical Services Program (CMSP) Counties
and the Governing Board to a new State account, the Family Support Services
Subaccount.
HUMAN RESOURCES
Recommended Action/Motion: Adopt the
Recommended Action/Motion: Adopt the Resolution amending Resolution
No. 10-006 Implementing the Terms and Conditions of Employment for
Unrepresented Management Employees and Exempt Elected Officials; and authorize
Chair to sign same.
Recommended Action/Motion: Adopt the Resolution amending Resolution
No. 13-091 and Correcting Attachment A - Authorizing the Deletion / Addition /
Budget Unit and FTE Changes of Positions; and authorize Chair to sign same.
Recommended Action/Motion: Adopt the Resolution amending the Position
Allocation Table for District Attorney Budget Unit 2070 as Follows: Salary Grade Adjustment for Assistant
District Attorney MA44 to Assistant District Attorney U44Z; and authorize Chair
to sign same.
(m) Approval of
Amendment to Board of Supervisors Agreement No. 12-136 with Liebert Cassidy
Whitmore to Provide Contract Negotiations and Employer-Employee Relations
Services with the County's Eight Bargaining Units Increasing the Total Compensation for the Period of December 11, 2012
through June 30, 2014, from $80,000 to $120,000
Recommended Action/Motion: Approve the amendment to Board of
Supervisors Agreement No. 12-136 with Liebert Cassidy Whitmore and increase the
total compensation for the period of December 11, 2012 through June 30, 2014,
from $80,000 to $120,000 to provide contract negotiations and employer-employee
relations services with the County's eight bargaining units.
LIBRARY
Recommended Action/Motion: Approve grant augmentation application.
MENDOCINO
(o)
Approval of
Certification of the October 21, 2013, Board of Retirement Election, Electing Randy Goodman, General Member, 2nd
Seat, to a Term Beginning December 1, 2013; and Further Ordering that No
Election be Held for the 7th Seat of the Board of Retirement, Pursuant to
Government Code Section 31523, Directing the Retirement Administrator to Cast a
Unanimous Ballot for Craig Walker, Safety Member, for Said Seat
Recommended Action/Motion: Certify the October 21, 2013, Board of
Retirement Election results, and further order that no election be held for the
7th Seat, pursuant to Government Code Section 31523, directing the Retirement
Administrator to cast a unanimous ballot in favor of Craig Walker, Safety
Member, effective November 5, 2013.
Recommended Action/Motion: Approve the twelfth and thirteenth
amendments to the MCERA Board of Retirement bylaws.
SHERIFF-CORONER
Recommended Action/Motion: Adopt the Resolution replacing
Resolution No. 13-094 regarding State of
TRANSPORTATION
Recommended Action/Motion: By Minute Order, authorize the Board
Chair to sign the Notice of Completion and direct the Clerk of the Board to
file the Notice of Completion for DOT Contract No. 070126 with the County
Recorder.
TREASURER-TAX
COLLECTOR
(s)
Acceptance of
the September 30, 2013 Report of Mendocino County Pooled Investments
Recommended Action/Motion: Accept the September 30, 2013 Report 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