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Carre Brown 1st District Supervisor Vice-Chair |
John McCowen 2nd District Supervisor |
John Pinches 3rd District Supervisor Chair |
Dan GJerde 4th District Supervisor |
DAN 5th District Supervisor |
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Chief Executive Officer/ Clerk of the Board |
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DOUGLAS L. LOSAK Acting County Counsel |
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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
22, 2014 – 9:00 AM Board
Chambers, Room 1070, County Administration Center |
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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
Please note that
all times provided are considered approximate.
9:30 a.m.: Informational Presentation and Discussion Regarding the
Priority-Setting Session on the County's Retirement System and Strategies to
Mitigate Long-Term Financial Exposure (See Item No. 5c)
1:30 p.m.: Noticed Public Hearing - Discussion and
Possible Action on a Vested Rights Determination and a Proposed Amended
Reclamation Plan (No. REC 1-2014), for the Harris Quarry Project, Allowing for
the Annual Removal of up to 200,000 Cubic Yards of Material (See Item No. 5e)
3:30 p.m.: Noticed Public Hearing - Discussion and
Possible Action on Proposed Reclamation Plan No. REC 2-2013 for Vested Rights
Mining Operation Known as the Rowland Bar Including the Adoption of an Addendum
to a Previously Certified Mitigated Negative Declaration (Located in the Dos
Rios Area) (See
Item No. 5f)
1. Open Session
(a)
Roll Call
(b)
Pledge of Allegiance
2. Proclamations
Items in this
section are automatically adopted unless specifically pulled by a Supervisor.
Proclamations may be presented or commented on as needed.
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
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
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.
Recommended Action/Motion: Accept the report and provide
direction to staff.
PLANNING
AND BUILDING SERVICES
(d)
Presentation,
Discussion, and Approval of the Mendocino County Lodging Business Improvement
District (BID) Annual Report; Adoption of Resolution Declaring the Intention of
the Mendocino County Board of Supervisors to Levy and Collect an Assessment from Lodging Businesses in the BID (Within
the Boundaries of the Unincorporated Portion of the County of Mendocino and the
Incorporated Area of the City of Fort Bragg, the City of Point Arena, the City
of Ukiah, and the City of Willits); Fixing the Date, Time, and Place of a
Public Hearing to be Held in Front of the Board to Levy the Proposed Assessment
for Fiscal Year 2014-2015
Recommended Action/Motion: Approve the Mendocino County
Lodging Business Improvement District (BID) Annual Report; adopt Resolution
declaring the intention of the Mendocino County Board of Supervisors to levy
and collect an assessment from lodging businesses in the BID (within the
boundaries of the unincorporated portion of the County of Mendocino and the
incorporated area of the City of Fort Bragg, the City of Point Arena, the City
of Ukiah, and the City of Willits); at a public hearing to be held in front of
the Board at a regular meeting on May 20, 2014, at or about 9:00 A.M. or as
soon thereafter as the matter can be heard, to levy the proposed assessment for
Fiscal Year 2014-2015.
Recommended Action/Motion: Continue the hearing to a date
and time certain to allow the applicant to provide additional information
documenting the historical scope of mining operations at the site (e.g. size of
quarry, amount of production, etc.).
(f)
Noticed
Public Hearing - Discussion and Possible Action on Proposed Reclamation Plan
No. REC 2-2013 for Vested Rights Mining Operation Known as the Rowland Bar
Including the Adoption of an Addendum to a Previously Certified Mitigated Negative Declaration (Located in the
Dos Rios Area)
Recommended Action/Motion: Approve the Addendum to a
previously adopted Mitigated Negative Declaration and approve a Reclamation
Plan (No. REC 2-2013) for the 3.5 acre Rowland Bar vested right mining
operation, which extracts up to 50,000 cubic yards of material per year from
the primary gravel bar located on the site, based on the following findings and
conditions of approval as listed in the staff report:
1. Existing Vested-Right Mining Operation Findings:
On January 30, 2013, the Department of Planning and Building Services (PBS)
determined that the Rowland Bar mining operation on the Project site
constituted a vested right, including the extraction of up to 50,000 cubic
yards of material per year, based on records that documented the established
and recognized historical use of the site as a mining operation.
2. California Environmental Quality Act Findings:
That the Project would result in no new significant adverse impacts to the
physical environment or in an increase in the severity of any previously
identified potentially significant impacts.
Information provided in the Revised January 2014 document "Part 2-
Draft Addendum to Mitigated Negative Declaration", specifically, pages
22-77, provides sufficient explanation as to why a subsequent negative
declaration is not required per CEQA Guidelines Section 15164(e). A letter was received from the State
Clearinghouse (SCH) dated March 27, 2014, acknowledging that SCH review
requirements for draft environmental documents have been met, pursuant to the
California Environmental Quality Act (CEQA); therefore, an Addendum to a
Mitigated Negative Declaration previously adopted in 2005 is approved.
3. General Plan and Zoning Consistency Finding: That
the Project would reclaim a vested-right gravel extraction operation, which is
a natural resource development activity that is consistent with the General
Plan Remote Residential (RMR) land use classification (Development Element
Policy DE-15) and is a Mining and Processing use is an allowable use within the
Upland Residential (UR) zoning district (County Code Section 20.060.025(E)).
4. Surfacing Mining and Reclamation Finding: That the Project complies with the Surface
Mining and Reclamation Ordinance, Chapter 22.16 of the Mendocino County Code,
and the California Surface Mining and Reclamation Act (SMARA), which must be
met prior to grading activities and for the duration of this permit.
TRANSPORTATION
(g)
Transportation
Director's Report
Recommended Action/Motion: Accept the report of the
Transportation Director.
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: Accept the report from the
Drought Ad Hoc Committee.
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.
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.
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: Dotty Coplen; et al. v. County of Mendocino; Case No. SCUK
CVPT 08 52268
(c)
Pursuant
to Government Code Section 54956.8 - Conference with Real Property Negotiator -
Properties/Physical Addresses: 309 East Perkins St., Ukiah (APNs 002-232-12 and
002-232-13), 200 East Clay St., Ukiah (APNs 002-282-18, and 002-282-19);
Parties: County of Mendocino; Agency Negotiator: Kristin McMenomey, Douglas
Losak, Carmel Angelo and Kyle Knopp; Property Owner: North Coast Railroad
Authority (NCRA); Under Negotiation: Property Acquisition
(d)
Pursuant
to Government Code Section 54957 - Public Employee Performance Evaluation -
Chief Executive Officer
(e)
Pursuant
to Government Code Section 54957 - Public Employee Performance Evaluation - Air
Pollution Control Officer
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 application (No. 31978) to appropriate water by permit,
submitted by Thomas Brickell; source being an unnamed stream tributary to an
unnamed stream thence Rancheria Creek, and an unnamed tributary to Rancheria
Creek thence the Navarro River; project and protest information available at www.waterboards.ca.gov/
waterrights/water_issues/programs/applications/appropriations/.
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
(b)
April
8, 2014, Regular Board Meeting
APPOINTMENTS
(c)
Approval
of Recommended Appointments/Reappointments
Recommended Action/Motion: Approve the following
appointments/reappointments:
|
Board or Commission |
Appointee |
Category |
|
In-Home
Supportive Services Advisory Council |
Jan
Cole-Wilson |
Older
Adult/Dependent Adult Advocate |
|
Library
Advisory Board |
Charlene
Holbrook |
2nd
District Representative |
|
Mendocino
County Archaeological Commission |
William
Cull |
Archaeologist |
|
Mendocino
County Fish and Game Commission |
Randall
Vann |
Inland
At-Large Representative |
|
Mendocino
County Resources Conservation District |
David
Koball |
Long-Term
Director |
|
Potter
Valley Cemetery District |
Howard
Dashiell |
Trustee |
BOARD OF
SUPERVISORS
Recommended Action/Motion: Approve a one-time transmission
of funds to the Mendocino County Cooperative Aerial Fire Patrol from a PG&E
Grant in the amount of $3,000.
GENERAL
SERVICES AGENCY
Recommended Action/Motion: Approve rejection of all bids
received for the Sheriff's Log Cabin Renovation Project and authorize the
General Services Agency to re-bid the project with a revised scope of work.
HEALTH AND
HUMAN SERVICES AGENCY
Recommended Action/Motion: Approve and authorize Chair to
sign contract amendment with the State of California, Department of Public
Health, Emergency Preparedness Office in the amount of $195,037.88, and
authorize the HHSA Director to sign any future amendments to the Agreement that
do not affect the annual maximum amount.
HUMAN
RESOURCES
Recommended Action/Motion: Adopt the Resolution authorizing
changes to the Position Allocation Table as follows: Budget Unit 2080, Public
Defender; Increase .5 FTE Staff Assistant II to 1.0 FTE and authorize Chair to
sign same.
Recommended Action/Motion: Adopt the Resolution amending
the Position Allocation Table as follows: Budget Unit 6110 Library; increase
Library Assistant .50 FTE to .75 FTE; increase Library Assistant from .75 FTE
to 1.0 FTE and authorize Chair to sign same.
(i)
Adoption
of Resolution Authorizing Changes to the Position Allocation Table as Follows:
Museum Budget Unit 7110 - Delete 1.0 FTE Staff Assistant I, 1.0 FTE Supervising
Staff
Assistant, Add 1.0 FTE Staff Assistant II, 1.0 FTE Office
Services Supervisor
Recommended Action/Motion: Adopt the Resolution authorizing
changes to the Position Allocation Table as follows: Museum Budget Unit 7110 -
delete 1.0 FTE Staff Assistant I and 1.0 FTE Supervising Staff Assistant; add
1.0 FTE Staff Assistant II, and 1.0 FTE Office Services Supervisor and
authorize Chair to sign same.
PLANNING
AND BUILDING SERVICES
Recommended Action/Motion: Authorize the issuance of
Coastal Development Minor Use Permit CDU No. 1-2014, approving the
establishment of the Single Unit Rental, as approved by the Coastal Permit
Administrator.
Recommended Action/Motion: Authorize the issuance of
Coastal Development Permit No. CDP 33-2010 (Schlatter & Fearing) approving
the construction of a single family residence in Anchor Bay, as approved by the
Coastal Permit Administrator.
TRANSPORTATION
(l)
Adoption
of Resolution Approving Department of Transportation (DOT) Agreement No.
130070, Professional Services Agreement with SHN Consulting Engineers and
Geologists, Inc., in the Amount of $120,000, for the 2013 Bi-Annual Surveying Support Agreement for Various County
Projects (County-Wide)
Recommended Action/Motion: Adopt the Resolution approving
Agreement No. 130070, authorize Chair to execute the Agreement in the amount of
$120,000, and authorize the Director of Transportation to sign any and all
amendments to the Agreement not to exceed $30,000.
(m) Adoption
of Resolution Approving Department of Transportation (DOT) Agreement No.
140017, in the Amount of $16,610, with CB&I Environmental & Infrastructure,
Inc. for Continued Investigation and Monitoring
Services at the Covelo Corporation Yard, Former Underground Storage Tank (UST)
Site (Round Valley Area)
Recommended Action/Motion: Adopt the Resolution approving
Agreement No. 140017, authorize the Chair to execute the Agreement in the
amount of $16,610, and authorize the Director of Transportation to sign any and
all amendments to the Agreement not to exceed $8,000.
Recommended Action/Motion: Adopt and authorize the Chair to
sign the Resolution authorizing the Director of Transportation to advertise for
construction bids and award Department of Transportation Contract No. 130034
for South State Street Bulb-Outs, CR 104A, M.P. 0.90 and M.P. 1.02
Recommended Action/Motion: Adopt and authorize the Chair to
sign the Resolution authorizing the Director of Transportation to advertise for
construction bids and award Department of Transportation Contract No. 130078
for School Way Bridge Replacement over Russian River on School Way, CR 236.
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
·
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