Carre Brown

1st District Supervisor

Vice-Chair

John McCowen

2nd District Supervisor

John Pinches

3rd District Supervisor

Chair

Dan GJerde

4th District Supervisor

DAN HAMBURG

5th District Supervisor

 

 

 

 

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 11, 2014 – 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.:     Noticed Public Hearing - Adoption of Resolution Authorizing a Mitigated Negative Declaration in Compliance with CEQA Requirements for the Replacement of Bridge No. 10C-0113 on East Hill Road, CR 301, M.P. 2.01 over Davis Creek (Willits Area) (See Item No. 5g)

1:45 p.m.:     Discussion and Possible Action Regarding the Second Quarter Mid-Year Budget Report on the Status of County Departmental Budgets and Executive Office Recommendations for Fiscal Year (FY) 2013-2014 (See Item No. 5c)

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 Recognizing the Month of February 2014 as Spay and Neuter Month in Mendocino County (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 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

(Available Online at: http://www.co.mendocino.ca.us/administration/CEOReports.htm)

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.

(c)         Discussion and Possible Action Regarding the Second Quarter Mid-Year Budget Report on the Status of County Departmental Budgets and Executive Office Recommendations for Fiscal Year (FY) 2013-2014

Recommended Action/Motion: Accept the Second Quarter Mid-Year Budget Report on the status of departmental spending and revenues for FY 2013-2014 and approve Executive Office recommendations.

HEALTH AND HUMAN SERVICES AGENCY

(d)        Informational Presentation on Proposed Public Health Awareness Campaign Titled "Every Drop Counts: Keeping Mendocino County Healthy in the Drought of 2014"

Recommended Action/Motion: Accept the informational presentation.

(e)         Informational Presentation and Discussion Regarding 2-1-1 Mendocino Re-launch, Followed by a Luncheon in Conference Room B of the County Administration Center

Recommended Action/Motion: Accept the presentation and discussion regarding the 2-1-1 Mendocino Re-launch, and adjourn to Conference Room B for a luncheon provided by the 2-1-1 Steering Committee.

TRANSPORTATION

(f)          Transportation Director's Report

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

(g)        Noticed Public Hearing - Adoption of Resolution Authorizing a Mitigated Negative Declaration in Compliance with CEQA Requirements for the Replacement of Bridge No. 10C-0113 on East Hill Road, CR 301, M.P. 2.01 over Davis Creek (Willits Area)

Recommended Action/Motion: Conduct the public hearing and, by Resolution, adopt a Mitigated Negative Declaration for the project and authorize the Director of Transportation to file the Notice of Determination.

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

(b)        Acceptance of Mendocino County Board of Supervisors Drought Ad Hoc Committee Report Out (Sponsors: Supervisors Brown and Hamburg)

Recommended Action/Motion: Accept the report from the Drought Ad Hoc Committee.

(c)         Introduction and Waive Reading of Ordinance Amending Chapter 9.41 of the Mendocino County Code Concerning Single-Use Carryout Bags by Retail Establishments, Which Would Include Restaurants in the Application of the Chapter (Sponsors: Supervisors McCowen and Hamburg)

Recommended Action/Motion: Introduce and waive the reading of the Ordinance amending Chapter 9.41 of Mendocino County Code.

(d)        Discussion and Possible Action on Proposed Direct Review of Use Permit No. U 13-2013 (Mendocino Forest Products) Pursuant to Chapter 2.54, Original Jurisdiction of Land Use Matters (Sponsor: Supervisor Pinches)

Recommended Action/Motion: Approve the request for direct review, finding the subject project to provide a special contribution to the County's general welfare and economic wellbeing through its support of necessary government services and countywide infrastructure improvements, per Chapter 2.54 of the Mendocino County Code.

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, Tammi Weselsky, Juanie Cranmer, and Donna Williamson; Employee Organization(s):  All

(b)        Pursuant to Government Code Section 54956.9(a) - Conference with Legal Counsel - Existing Litigation: City of Ukiah, Successor Agency to the Ukiah Redevelopment Agency, Daniel Peterson and Kenneth Fowler v. Michael Cohen, State Director of Department of Finance, Meredith D. Ford, Mendocino County Auditor-Controller et al.; Sacramento County Superior Court Case No 34-2014 8000 1744

(c)         Pursuant to Government Code Section 54956.9(a) - Conference with Legal Counsel - Existing Litigation: County of Mendocino vs. Solid Waste Systems; Mendocino County Superior Court Case No.  SCUK-CVG 11 59459

(d)        Pursuant to Government Code Section 54956.9(a) - Conference with Legal Counsel - Existing Litigation: Dotty Coplen, et al. v. County of Mendocino; Mendocino County Superior Court Case No. SCUK-CVPT-08-52268

(e)         Pursuant to Government Code Section 54956.9d(2) - Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to Litigation - One Case

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

(g)        Pursuant to Government Code Section 54957 - Public Employee Performance Evaluation - County Counsel

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 Water Resources Control Board - Notice of a temporary urgency change petition filed by California Department of Water Resources and the United States Bureau of Reclamation regarding permits and license of the State Water Project and the Central Valley Project; additional information may be obtained by contacting Michael Buckman at (916) 341-5448, or via email at Michael.Buckman@waterboards.ca.gov, or by visiting www.waterboards.ca.gov/ waterrights/water_issues/programs/drought/tucp.shtml.

(b)        State Water Resources Control Board - Notice of public workshop related to the temporary urgency change petition for the the Central Valley and State Water Projects and other State Water Board drought activities and actions; additional information may be obtained by contacting Jean McCue, Water Resource Control Engineer, at (916) 341-5351, or via email at Jean.McCue@waterboards.ca.gov, or by visiting www.waterboards.ca.gov/waterrights/ water_issues/programs/drought/index.shtml.

(c)         Governor's Office of Emergency Services (Cal OES) - Notice of the U.S. Department of Agriculture's January 23, 2014, Secretarial disaster designation for the primary counties of Butte, Colusa, Glenn, Humboldt, Lake, Lassen, Marin, Mendocino, Modoc, Napa, Nevada, Orange, Placer, Plumas, San Mateo, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Sutter, Tehama, Trinity, Yolo, Yuba, and the contiguous counties of Alameda, Contra Costa, Del Norte, El Dorado, Los Angeles, Monterey, Riverside, Sacramento, San Benito, San Bernardino, San Diego, San Francisco, and Santa Clara; for additional information, please contact Cal OES at (916) 845-8149.

(d)        California Department of Fish and Wildlife - Notice of initiation of status review of the Northern spotted owl, and solicitation of data and comments on the petitioned action from interested and affected parties; for additional information, please contact Neil Clipperton at (916) 445-9753, or via email at wildlifemgt@wildlife.ca.gov, or by visiting www.dfg.ca.gov/biogeodata/cnddb/spotted_owl_info.asp.

(e)         State of California Wildlife Conservation Board - Notice of consideration of assignment of a conservation easement by The Conservation Fund to CAL FIRE of over 49,500 +/- acres of land for the protection of forest lands and aquatic resources located in Mendocino County; for additional information, please contact Mr. John P. Donnelly at (916) 445-0137, or visit www.wcb.ca.gov.

(f)         State of California Fish and Game Commission - Notice of proposed regulatory action relative to amending sections 360 - 364, Title 14, California Code of Regulations, relating to mammal hunting regulations for the 2014-2015 season; for additional information, please contact Mr. Craig Stowers, Department of Fish and Wildlife, at (916) 445-3553, or visit www.fgc.ca.gov.

(g)         State of California Fish and Game Commission - Notice of proposed regulatory action relative to Section 632, Title 14, California Code of Regulations, relating to marine protected areas; for additional information, please contact Dr. Craig Shuman, Regional Manager of the Marine Region, at (805) 568-1246, or visit www.fgc.ca.gov.

(h)        State of California Fish and Game Commission - Notice of proposed regulatory action relative to subsections (c) and (e) of Section 27.80, Title 14, California Code of Regulations, relating to ocean salmon sport fishing; for additional information, please contact Dr. Craig Shuman, Regional Manager of the Marine Region, at (805) 568-1246, or visit www.fgc.ca.gov.

(i)          State of California Fish and Game Commission - Notice of proposed regulatory action relative to subsection (b)(91.1) of Section 7.50, Title 14, California Code of Regulations, relating to Klamath/Trinity rivers sport fishing; for additional information, please contact Mr. Stafford Lehr, Chief of Fisheries Branch, Department of Fish and Wildlife, at (916) 327-8840, or visit www.fgc.ca.gov.

(j)          Mendocino County Health and Human Services Agency - Mendocino County Jail Inspection Report.

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:

MINUTES

(a)        January 7, 2014, Regular Board Meeting

(b)        January 21, 2014, Regular Board Meeting

APPOINTMENTS

(c)         Approval of Recommended Appointments/Reappointments

Recommended Action/Motion: Approve the following appointments/reappointments:

Board or Commission

Appointee

Category

Area Agency on Aging Governing Board

Gerald Cheney

At-Large Member

Gualala Municipal Advisory Council

Julie Ann Verran

Member

Little River Airport Advisory Committee

William Heil

Non-Pilot

Mendocino Council of Governments

Susan Ranochack

At-Large County Representative

Mendocino County Archaeological Commission

*Lois Lockart

Alternate Member

Mendocino County Archaeological Commission

Allison Scott

Native American Representative

Westport County Water District

**Steve Cardullo

Long-Term Director

Workforce Investment Board

***Jim Wright

Member #28/Mandatory M-10

*       Appointment of Lois Lockart includes waiver of board policy regarding the professional training requirement for the Alternate Member position to the Mendocino County Archaeological Commission  (Section 22.12.040(6) of the Commission’s founding Ordinance)

**     Appointment of Steve Cardullo is made in-lieu of election

***   Appointment of Jim Wright includes a waiver of voter registration/residency as Mr. Wright is a Sonoma County resident

BOARD OF SUPERVISORS

(d)        Approval of Letter Encouraging the U.S. Coast Guard to Allow the Point Cabrillo Light Keepers Association to Operate the Point Cabrillo Lens as a "Private Aid to Navigation" (Sponsor: Supervisor Gjerde)

Recommended Action/Motion: Approve the letter to the U.S. Coast Guard as submitted, authorizing the Chair to sign same.

(e)         Ratification of Letter of Support to Continue Federal Funding for the Payment-in-Lieu-of-Taxes (PILT) Program in the FY 2014 Farm Bill (Sponsor: Supervisor Brown)

Recommended Action/Motion: Ratify the letter of support sent on January 21, 2014 supporting the continuation of the Payments-in-Lieu-of-Taxes (PILT) program in the FY 2014 Farm Bill.

(f)          Ratification of Letter of Support to Continue Highway 101 Exemption of Licensed Carriers of Livestock from Certain Limitations of Highway Access (Sponsors: Supervisors Brown and Pinches)

Recommended Action/Motion: Ratify the letter of support sent on January 23, 2014 supporting the continuation of an existing exemption for licensed carriers of livestock from certain limitations on access to Highway 101.

EXECUTIVE OFFICE

(g)        Adoption of a Resolution Renewing the Declaration of a Local Emergency and Extending the Existence of a Local Emergency Due to Drought Conditions and Imminent Threat of Disaster in Mendocino County Pursuant to Resolution Nos. 14-007 and 14-008 (Sponsors: Executive Office and Sheriff's Office)

Recommended Action/Motion: Adopt a Resolution renewing Mendocino County's declaration of a local emergency and extending the existing local emergency due to drought conditions.

(h)        Approval of the Disbanding of the Board of Supervisors Ad Hoc Committees Related to the Development of a Clean Energy Program in Mendocino County and to the Development of a 2014 Legislative Platform

Recommended Action/Motion: Approve the disbanding of the Board of Supervisors’ Clean Energy Program and 2014 Legislative Platform ad hoc committees.

(i)          Ratification of Letter of Support for S 1846, the Homeowner Flood Insurance Affordability Act of 2013

Recommended Action/Motion: Ratify the letter of support sent on January 28, 2014 for S 1846, the Homeowner Flood Insurance Affordability Act of 2013.

GENERAL SERVICES AGENCY

(j)          Adoption of an Ordinance Levying a Special Tax for Fiscal Year 2013-2014 and Following Fiscal Years Solely Within and Relating to the County of Mendocino Community Facilities District No. 2013-1 (Clean Energy)

Recommended Action/Motion: Adopt the Ordinance levying a special tax for Fiscal Year 2013-2014 and following fiscal years solely within and relating to the County of Mendocino Community Facilities District No. 2013-1 (Clean Energy); and authorize the Chair to sign all necessary documents and transactions related to the action taken by the Board.

(k)        Approval of Appropriation Transfer of Funds, Increasing Funds and Revenue in Budget Unit 1710, Line-Item 1710-864360 and Revenue Line-Item 1710-827802 in the Amount of $24,300 for the Installation of ADA-Compliant Automatic Doors at the Front Entrances of the Willits and Fort Bragg Libraries

Recommended Action/Motion: Approve the Appropriation Transfer of Funds, increasing funds and revenue in Budget Unit 1710, line-item 1710-864360 and 1710-827802 in the amount of $24,300; and authorize the Chair to sign the same.

HEALTH AND HUMAN SERVICES AGENCY

(l)          Approval of Agreement with North Coast Opportunities in the Amount of $134,003 to Provide Nutrition Education Services for CalFresh-eligible Individuals in Federal Fiscal Year 2013/2014

Recommended Action/Motion: Approve and authorize the Board Chair to sign the Agreement with North Coast Opportunities in the Amount of $134,003 to provide nutrition education services for CalFresh-eligible individuals; and authorize the HHSA Director to sign any future amendments to the agreement that do not affect the annual maximum amount.

(m)      Approval of Agreement with Telecare Corporation (Alameda, CA) in the Amount of $90,000 to Provide Residential Treatment for Adults in Fiscal Year 2013/2014

Recommended Action/Motion: Approve and authorize the Board Chair to sign agreement with Telecare Corporation in the amount of $90,000 to provide residential treatment for adults in fiscal year 2013/2014; and authorize the Health and Human Service Agency Director to sign any future amendments to the agreement that do not increase the annual maximum amount.

HUMAN RESOURCES

(n)        Adoption of Resolution Authorizing Changes to the Position Allocation Table as Follows:  Probation; Budget Unit 2560; Delete, One (1) FTE Deputy Probation Officer II; Add One (1) FTE Deputy Probation Officer III

Recommended Action/Motion: Adopt the Resolution authorizing changes to the Position Allocation Table as follows: Budget Unit 2560; delete, one (1) FTE Deputy Probation Officer II; add one (1) FTE Deputy Probation Officer III and authorize Chair to sign same.

PLANNING AND BUILDING SERVICES

(o)        Approval of Request to Transfer Funds in the Amount of $49,378 from the Nuisance Abatement Account of  Planning and Building Services to the Special Department Expense Account to Fund the Costs of Abating Two Hazardous Building/Zoning Code Violations

Recommended Action/Motion: Approve the request to transfer funds from the Nuisance Abatement Account for the specific purpose of funding the abatement of two separate health and safety code violations, BI 2012-0091 and ZC 2005-0037.

SHERIFF-CORONER

(p)        Approval of Appropriations Transfer in the Amount of $200,000 to Complete Willits Substation Renovations

Recommended Action/Motion: Approve the appropriations transfer to complete the Willits substation renovation, and approve the necessary budget transfer.

(q)        Approval of Purchase of One Vehicle for Task Force at an Estimated Cost of $50,000 Using Cal-EMA Funds

Recommended Action/Motion: Approve the purchase of one additional vehicle, the necessary budget transfer, and add the item to the County's list of approved fixed assets.

(r)         Authorization to Refurbish an Animal Control Box at an Estimated Cost of $6,735 and Add the Item to the County's Approved List of Fixed Assets

Recommended Action/Motion: Authorize the refurbishment of an animal control box and add the item to the County's list of approved fixed assets.

TRANSPORTATION

(s)         Adoption of Resolution Approving Department of Transportation Agreement No. 130054 and Accepting the Grant Deed Conveying Real Property from Charles S. Hand, as Successor Trustee, for the Acquisition of Rights of Way Needed for Construction of the School Way Bridge Replacement Project on East School Way, CR 236, M.P. 1.31 (Redwood Valley  Area)

Recommended Action/Motion: Adopt the Resolution accepting and approving Department of Transportation Agreement No. 130054 with Charles S. Hand, as Successor Trustee, accept the Grant Deed conveying real property from Charles S. Hand, as Successor Trustee, in connection with Department of Transportation Project No. A-0101, 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 of Mendocino County (20120667DN) for further processing and recording.

(t)          Adoption of Resolution Approving Release of Contract Surety, Department of Transportation Contract No. 120056, Mendocino College Gateway on North State Street, CR 104, M.P. 1.44 (Ukiah Area)

Recommended Action/Motion: Adopt the Resolution authorizing release of the Contract Surety pursuant to applicable terms and conditions specified.

(u)        Adoption of Resolution Approving Release of Contract Surety, Department of Transportation Contract No. 130024, 2011 Storm Damage Repairs on Tomki Road, CR 237D, M.P. 3.40 (Redwood Valley Area)

Recommended Action/Motion: Adopt the Resolution authorizing release of the Contract Surety pursuant to applicable terms and conditions specified.

(v)        Adoption of Resolution Approving Release of Contract Surety, Department of Transportation Contract No. 130028, 2012 Asphalt Concrete Overlay on Various County Maintained Roads (Willits, Fort Bragg and Albion Areas)

Recommended Action/Motion: Adopt the Resolution authorizing release of the Contract Surety pursuant to applicable terms and conditions specified.

TREASURER-TAX COLLECTOR

(w)       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.

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

·         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