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

 

 

 

 

DOUGLAS L. LOSAK

Acting 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

May 6, 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.

 

 

 

 

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 May 4-10, 2014 as National Correctional Officers' and Employees Week, Honoring the Correctional Staff of the Mendocino County Sheriff's Office (Sponsor: Sheriff's Office)

(b)        Adoption of Proclamation Recognizing May 6-12, 2014 as National Nurses Week in Mendocino County  (Sponsor: Health and Human Services Agency)

(c)         Adoption of Proclamation Recognizing May 11-17, 2014 as National Peace Officers' Memorial Week, and May 15, 2014 as Peace Officers' Memorial Day in Mendocino County (Sponsor: Sheriff's Office)

(d)        Adoption of Proclamation Recognizing May 2014 as National Bike Month, and May 16, 2014, as Bike to Work Day in Mendocino County (Sponsor: Supervisor Gjerde)

(e)         Adoption of Proclamation Recognizing May 2014 as CalFresh Awareness Month in Mendocino County (Sponsor: Health and Human Services Agency)

(f)          Adoption of Proclamation Recognizing May 2014 as Child Care Providers Appreciation Month in Mendocino County  (Sponsors: Supervisors McCowen and Hamburg, and Health and Human Services Agency)

(g)        Adoption of Proclamation Recognizing May 2014 as Mental Health Month in Mendocino County (Sponsors: Supervisors Hamburg and McCowen, and Health and Human Services Agency)

(h)        Adoption of Proclamation Recognizing May 2014 as National Drug Court Month in Mendocino County (Sponsor: Supervisors McCowen and Brown)

(i)          Adoption of Proclamation Recognizing May 2014 as Older Americans' Month in Mendocino County, "Safe Today, Healthy Tomorrow," and Informational Presentation on Older Americans (Sponsor: Health and Human Services Agency)

(j)          Adoption of Proclamation Recognizing the Listing of Seabiscuit's Ridgewood Ranch Stud Barn on the National Register of Historic Places (Sponsor: Supervisor Hamburg)

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)         Adoption of Resolution Appointing a Mendocino County Auditor/Controller to Fill the Unexpired Term of Office Pursuant to California Government Code §25304 and Resolution Nos. 10-006 and 10-009

Recommended Action/Motion: Adopt a resolution appointing _____________ as Mendocino County Auditor/Controller, effective June 22, 2014, authorizing the Chair to sign same.

PLANNING AND BUILDING SERVICES

(d)        Noticed Public Hearing (Continued from April 8, 2014) - Adoption of an Ordinance to Approve the Update of the Mendocino Town Plan (Chapter 4.13 of the General Plan) and the Town Zoning Ordinance (Division III of Title 20 of the Mendocino County Code) (GP 2-2013/OA 1-2013) and Adoption of a Resolution for Submittal of a Local Coastal Plan Amendment to the California Coastal Commission (This item is being further continued to June 3, 2014, at 9:00 a.m. or as soon thereafter as the matter may be heard)

TRANSPORTATION

(e)         Transportation 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 Regarding Board Special Assignments, Standing and Ad Hoc Committee Meetings, and Other Items of General Interest

(b)        Report Out of the Mendocino County Board of Supervisors Drought Ad Hoc Committee, Including 1) Discussion and Possible Direction to Staff to Transmit a Letter to NOAA Fisheries Asst. Regional Administrator, Ms. Irma Lagomarsino; and 2) Discussion and Possible Direction to Staff to Communicate with the California Deptartment of General Services Regarding Finalization of the Delayed Contract for Eel River Recovery Project Monitoring for the 2014 Field Season (Sponsors: Supervisors Hamburg and Brown)

Recommended Action/Motion: 1) Direct staff to transmit a letter to NOAA Fisheries Asst. Regional Administrator, Ms. Irma Lagomarsino, regarding its denial of a request to transfer emergency water in a sale to Redwood Valley County Water District through the Potter Valley Project and 2) Direct staff to communicate with the California Dept. of General Services regarding the finalization of a contract for the 2014 Eel River Recovery Project monitoring funds.

(c)         Discussion and Possible Action on Environmental Protection Agency (EPA) and United States Army Corps of Engineers (USACE) Proposed Interpretive Rule Regarding the Applicability of Clean Water Act Section 401(f)(1)(A) (Sponsor: Supervisor Brown)

Recommended Action/Motion: Discuss and/or give further direction to staff regarding proposed interpretive rule by U.S. EPA and USACE on Clean Water Act Section 401(f)(1)(A).

(d)        Approval to Send a Letter of Support for SB 1381 (Evans) Requiring the Labeling of Foods Containing Genetically Modified Organism (GMO) Ingredients (Sponsor: Supervisor Hamburg)

Recommended Action/Motion: Approve sending the letter of support for SB 1381 (Evans) that would require the labeling of foods containing GMO ingredients.

(e)         Discussion and Possible Direction to Staff to Prepare and Transmit a Letter in Support of Millview County Water District's Appeal of State Water Resources Control Board Decision Revoking Water Right License No. 5763 (Sponsor: Supervisor Pinches)

Recommended Action/Motion: Direct staff to prepare and transmit a letter to the State Water Resources Control Board in support of Millview County Water District's appeal of the draft Order revoking License No. 5763, authorizing the Chair to sign same; and further direct that the letter be submitted no later than noon on Friday, May 9, 2014.

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, 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:  Willits Environmental Center, et al. v. County of Mendocino, Mendocino County Superior Court Case No. SCUK-CVPT-14-63921

(c)         Pursuant to Government Code Section 54957 - Public Employee Appointment - Interim Library Director

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)         United States Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) - Notice of proposition to expand Cordell Bank and Gulf of the Farallones national marine sanctuaries; draft documents related to this proposal may be found online at: http://farallones.noaa.gov/manage/expansion_cbgf.html.

(b)        California State Transportation Agency, Department of Motor Vehicles - Response to Board of Supervisors letter dated March 25, 2014, regarding Ambulance Driver Certificate exemption requirements.

(c)         State of California, Business, Transportation, and Housing Agency, Department of Transportation - Notice of proposal to improve fish passage in Ryan Creek on Route 101 North of the City of Willits in Mendocino County; additional information may be obtained by contacting Kendall Schinke, Senior Environmental Planner, at kendall_schinke@dot.ca.gove.

(d)        State Water Resources Control Board  - Notice of public workshop regarding temporary modifications to State water project and Central Valley water right requirements related to Delta flows and water quality in response to drought conditions, scheduled for May 6, 2014, at 9:00 a.m., in the Joes Serna Jr. - CalEPA Headquarters Building Coastal Hearing Room at 1001 I St., Second Floor, Sacramento, CA 95814; additional information may be obtained by contacting Jean McCue at jean.mccue@waterboards.ca.gov, or (916)341-5351.

(e)         State Water Resources Control Board  - Notice of approval of $4 million in funding to provide interim replacement drinking water for economically disadvantaged communities with contaminated water supplies; additional information available online at: www.waterboards.ca.gov/water_issues/programs/grants_loans/caa/dw_droughtfund/.

(f)         State of California Natural Resources Agency, Department of Water Resources - Water Conditions in California, Report 2, April 1, 2014.

(g)         State of California, Wildlife Conservation Board - Notice of consideration of the allocation of a grant to Sanctuary Forest to assist in its acquisition of a conservation easement that will allow continued forest management practices and preservation of wildlife habitat located in Mendocino and Humboldt Counties, identified as APNs 215-201-03 and 215-202-05; this proposal is scheduled for the May 22, 2014 Conservation Board meeting; additional information is available online at www.wcb.ca.gov, or by calling (916) 445-0137.

(h)        City of Fort Bragg - Letter from City Council expressing concerns in regards to potential closure of the Buddy Eller Center Emergency Shelter.

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)        April 22, 2014, Regular Board Meeting

APPOINTMENTS

(b)        Appointment of an Elected Representative from the City of Point Arena to the Indian Gaming Local Community Benefit Committee

Recommended Action/Motion: Appoint Point Arena City Councilmember Deborah Heatherstone as an elected member to the Mendocino County Indian Gaming Local Community Benefit Committee.

ASSESSOR/CLERK-RECORDER

(c)         Certification of the April 8, 2014 Special Coast Life Support District Election

Recommended Action/Motion: Certify the Special Coast Life Support District Election.

EXECUTIVE OFFICE

(d)        Adoption of a Resolution Renewing its 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 No. 14-007, 14-008, 14-015, 14-033 & 14-046

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.

(e)         Approval of the Bylaws of the Mendocino County Library Advisory Board

Recommended Action/Motion: Approve the Bylaws of the Mendocino County Library Advisory Board.

GENERAL SERVICES AGENCY

(f)          Authorization to Acquire Replacement Vehicles for the Sheriff's Office (Fixed Asset) Due to Vehicle Accidents, Approval of a Request for an Increase in Appropriations and Revenue in the Vehicle Replacement Fund Budget Unit 0711, Line Items 864370 and 826410 in the amount of $115,786.22 and Approval of a Revised Fixed Asset Schedule as an Amendment to the FY 13/14 Budget

Recommended Action/Motion: Authorize the acquisition of replacement vehicles for the Sheriff's Office (Fixed Asset) due to vehicle accidents, approve a Request for an Increase in Appropriations and Revenue in the Vehicle Replacement Fund Budget Unit 0711, Line Items 864370 and 826410 in the amount of $115,786.22 and approve a revised Fixed Asset Schedule as an Amendment to the FY 13/14 Budget; and authorize the Chair to sign same.

HEALTH AND HUMAN SERVICES AGENCY

(g)        Authorization for Ford Street Project to Submit an Application to the State of California, Department of Health Care Services to Include a Multiple Offender 18 Month Driving Under the Influence (DUI) Program

Recommended Action/Motion: Authorize Ford Street Project to submit an application to the State of California, Department of Health Care Services incorporating a multiple offender 18 month driving under the influence (DUI) program.

HUMAN RESOURCES

(h)        Adoption of Resolution Authorizing Changes to the Position Allocation Table as Follows: Budget Unit 1110, Auditor - Controller; Delete One (1) FTE Accountant, Add One (1) FTE Auditor; and Authorize Reclassification and Salary Adjustment to Affected Incumbent

Recommended Action/Motion: Adopt the Resolution authorizing changes to the Position Allocation Table as follows: Budget Unit 1110, Auditor - Controller; delete one (1) FTE Accountant, add one (1) FTE Auditor; authorize reclassification and associated salary adjustment to affected incumbent, and authorize Chair to sign same.

PLANNING AND BUILDING SERVICES

(i)          Approval of Community Development Block Grant (CDBG) Subrecipient Agreement in an Amount Not to Exceed $686,000 Between the County and the Community Development Commission of Mendocino County (CDC) to Operate Several Projects Funded by the County's 2012 CDBG Program

Recommended Action/Motion: Approve the CDBG Subrecipient Agreement with the Community Development Commission of Mendocino County.

TRANSPORTATION

(j)          Adoption of Resolution Approving Amendment No. 5 to Board of Supervisors (BOS) Agreement No. 00-324/Department of Transportation (DOT) Agreement No. 990099, Professional Services Agreement with Rau and Associates, Inc., in the Amount of $85,000, for Additional Engineering Work for the Reconstruction and Widening of Roadway on East Side Potter Valley Road, CR 240, M.P. 2.40 to M.P. 6.42 (Potter Valley Area)

Recommended Action/Motion: Adopt the Resolution approving Amendment No. 5 to BOS Agreement No. 00-324/DOT Agreement No. 990099, authorize Board Chair to execute the Amendment in the amount of $85,000, and authorize the Director of Transportation, or his designated representative, to sign any and all amendments to the Agreement not to exceed $15,000.

(k)        Adoption of Resolution Authorizing Department of Transportation (DOT) to Advertise for Bids and Award DOT Contract No. 140023 to Construct Automated Weather Observation System with Altimeter and Visibility Sensors (AWOS-AV), Security Fencing and Rotating Beacon at Little River Airport (Little River Area)

Recommended Action/Motion: Adopt the Resolution authorizing the Director of Transportation to advertise for construction bids and award DOT Contract No. 140023, for the construction of AWOS-AV, security fencing, and rotating beacon at Little River Airport, and authorize Chair to sign the Resolution.

(l)          Adoption of Resolution Authorizing the Director of Transportation (County Road Commissioner) to Adjust the Fiscal Year (FY) 09/10 Proposition 1B Distribution by $40,000 Surplus Funds from Feliz Creek Bridge to Seals and Overlays (County-Wide)

Recommended Action/Motion: Adopt the Resolution authorizing the Director of Transportation to process the necessary adjustment of $40,000 in funds from the State Proposition 1B Local Streets and Roads (LSR) from Feliz Creek Bridge surplus to seals and overlays, and authorize the Chair to sign the Resolution.

TREASURER-TAX COLLECTOR

(m)      Acceptance of the March 31, 2014 Report of Mendocino County Pooled Investments

Recommended Action/Motion: Accept the March 31, 2014 Report of Mendocino County Pooled Investments.

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