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

June 17, 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.

11:30 a.m.:            Presentation of the Mendocino County Mental Health Board's Annual Report for Fiscal Year 2013/2014 (See Item No. 5e)

1:30 p.m.:   Noticed Public Hearing (Continued from April 8, 2014) - Adoption of a Resolution to Update the Mendocino Town Plan (Chapter 4.13 of the General Plan), Adoption of an Ordinance to Amend the Town Zoning Code (Division III of Title 20 of the Mendocino County Code) (GP 2-2013/OA 1-2013), and Adoption of a Resolution for Submittal of Local Coastal Program Amendments to the California Coastal Commission (See Item No. 5f)

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 and Honoring Auditor-Controller Meredith Ford upon her Retirement on June 21, 2014 (Sponsor: Auditor's Office)

(b)        Adoption of Proclamation Recognizing the Graduates of the Leadership Mendocino Class XXI (Sponsors: Supervisors Brown and McCowen)

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)         Approval of Initiation of Title III Projects, Pursuant to Section 10(a) of the Reauthorization of the Secure Rural Schools and Community Self-Determination Act of 2000 for Federal Fiscal Year 2013 (through HR 527: Helium Stewardship Act of 2013)

Recommended Action/Motion: Approve the recommendation to initiate projects for Title III funds, relating to Section 10(a) of the Reauthorization of the Secure Rural Schools and Community Self-Determination Act of 2000 (HR 527: Helium Stewardship Act of 2013) and further initiate projects for the Mendocino County Fire Safe Council and the Mendocino County Sheriff's Office of Emergency Services by approving reimbursement of $15,790.66 to the Search and Rescue Designated Reserve Account for search and rescue activities and allocate the remaining funds in the County's unobligated Title III monies to the Mendocino County Fire Safe Council in the amount of $7,605.35.

HEALTH AND HUMAN SERVICES AGENCY

(d)        Presentation by Mendocino County Health and Human Services Agency and Sheriff's Office on the Public Dangers of Chemical Processing of Marijuana for the Production of Honey Oil and Hash

Recommended Action/Motion: Accept presentation by Mendocino County Health and Human Services Agency and Sheriff's Office on the public dangers of chemical processing of marijuana for the production of honey oil and hash.

(e)         Presentation of the Mendocino County Mental Health Board's Annual Report for Fiscal Year 2013/2014

Recommended Action/Motion: Accept the presentation of the Mendocino County Mental Health Board's annual report for fiscal year 2013/2014.

PLANNING AND BUILDING SERVICES

(f)          Noticed Public Hearing (Continued from April 8, 2014) - Adoption of a Resolution to Update the Mendocino Town Plan (Chapter 4.13 of the General Plan), Adoption of an Ordinance to Amend the Town Zoning Code (Division III of Title 20 of the Mendocino County Code) (GP 2-2013/OA 1-2013), and Adoption of a Resolution for Submittal of Local Coastal Program Amendments to the California Coastal Commission

Recommended Action/Motion: Adopt a Resolution to update the Mendocino Town Plan (Chapter 4.13 of the General Plan), adopt an ordinance to amend the Town Zoning Code (Division III of Title 20 of the Mendocino County Code) (GP 2-2013/OA 1-2013), and adopt a Resolution for submittal of Local Coastal Program Amendments to the California Coastal Commission.

TRANSPORTATION

(g)        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)        Adoption of a Resolution Regarding the Draft Environmental Impact Statement (DEIS) for Northern Expansion of the Boundaries of the Gulf of the Farallones and Cordell Bank National Marine Sanctuaries (Sponsors: Supervisors Gjerde and Hamburg)

Recommended Action/Motion: Adopt the Resolution regarding the Draft Environmental Impact Statement (DEIS) for the proposed northern expansion of the Gulf of the Farallones and Cordell Bank National Marine Sanctuaries, authorize the Chair to sign same, and direct staff to transmit to NOAA - and any other parties listed in the resolution as recipients - the adopted resolution and any supporting documents approved by the Board as Mendocino County's official commentary on the expansion of the two aforementioned national marine sanctuaries.

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 54956.9d(2) - Conference with Legal Counsel - Anticipated Litigation - One Case

(c)         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

(d)        Pursuant to Government Code Section 54956.9(a) - Conference with Legal Counsel - Existing Litigation: Estate of Emerald Rose Herriot, James Herriot and Jennifer Cram v. County of Mendocino, Chuck Dunbar, John Melnicoe, Rita Hurley, Sue Norcross, Nancy Kozak; Vicki Lynn Soloniuk M.D., and Does 1- through 10; USDC-ND Case No. CV 13 -05720 CRB

(e)         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

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 issuance of curtailments to post-1914 water right holders; additional information available online at www.waterboards.ca.gov/waterrights/ water_issues/programs/drought/water_availability.shtml.

(b)        North Coast Regional Water Quality Control Board - Notice of Board meeting, Thursday, june 19, 2014, 8:30 a.m., David C. Joseph Room, 5550 Skylane Blvd., Suite A, Santa Rosa, CA 95403; agenda and supporting materials available online at www.waterboards.ca.gov/ northcoast.

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 Allstate Insurance as Subrogee of Maureen Borden

(b)        Claim of Jacqueline Benjamin

Items Recommended for Approval:

MINUTES

(c)         May 20, 2014, Regular Board Meeting

(d)        June 3, 2014, Regular Board Meeting

AUDITOR-CONTROLLER

(e)         Approval of the Mendocino County CEO Recommended Budget for Fiscal Year 2014-15 in Accordance with the Auditor's Summary Tabulation Sheet (Sponsor: Auditor-Controller and Executive Office

Recommended Action/Motion: Approve the CEO Recommended Budget for 2014-15 per the Auditor's summary tabulation sheet.

BOARD OF SUPERVISORS

(f)          Approval of Letter of Opposition to AB 2126 (Bonta) Meyers-Milias-Brown Act: Mediation (Sponsor: Supervisor Pinches)

Recommended Action/Motion: Approve the letter of opposition to AB 2126 (Bonta) as written, authorizing the Chair to sign same.

EXECUTIVE OFFICE

(g)        Adoption of a Resolution Pursuant to the Reauthorization of the Secure Rural Schools and Community Self-Determination Act of 2000 (HR 527: Helium Stewardship Act of 2013) Electing to Receive the Guaranteed Minimum Full County Payment for County Fiscal Year 2013-14, Reserving the Option of 15% for Title II and Title III Projects; and Further Authorization of 7% of the Full County Payment for Title III and the Balance of the Full County Payment for Title II Projects for County Fiscal Year 2013-14

Recommended Action/Motion: Adopt a Resolution to elect the guaranteed minimum full County payment for County FY 2013-14 with option to reserve 15% to Title II and Title III projects; and further authorize 7% of the full County payment to Title III and the balance of 8% of the full County payment to Title II projects pursuant to Section 10(a) of HR 527: Helium Stewardship Act of 2013; and authorize Chair to sign same.

HEALTH AND HUMAN SERVICES AGENCY

(h)        Adoption of Amended Resolution Authoring the Mendocino County Health and Human Services Agency (HHSA) Behavioral Health & Recovery Services (BHRS) Director to Reaffirm and Execute the Joint Exercise of Powers Agreement (JPA) for California Mental Health Services Authority (CalMHSA) with an Expanded Scope of Work

Recommended Action/Motion: Adopt the amended Resolution authorizing the BHRS Mental Health Director to approve and sign the second amendment to the CalMHSA JPA with an expanded scope of work; further authorize the BHRS Director to sign any future amendments to the agreement that do not affect the annual maximum amount.

(i)          Adoption of Resolution Approving an Agreement with Employment Development Department for Job Development Services for CalWORKs Participants in the Amount of $62,814 for Fiscal Year 2014/2015

Recommended Action/Motion: Adopt the Resolution approving the agreement with Employment Development Department for job development services for CalWORKs participants in the amount of $62,814 authorizing the Chair to sign same; and further authorize the HHSA Director to sign any future amendments to the contract that do not  increase the annual maximum allowable amount.

(j)          Adoption of Resolution Authorizing the Board of Supervisors Chair to Sign the Workforce Investment Act (WIA) 2014/2016 Title I Master Subgrant Agreement No. K594769 on Behalf of the Workforce Investment Board

Recommended Action/Motion: Adopt Resolution authorizing the Chair to sign the Workforce Investment Act (WIA) 2014/2016 Title I Master Subgrant Agreement No. K594769 on behalf of the Workforce Investment Board, and authorize the HHSA Director or their designee to sign any future amendments to the agreement that do not affect the annual maximum amount.

(k)        Approval of Agreement with John Garratt, M.D. in the Amount of $98,800 to Provide Psychiatric services in Fiscal Year 2014/2015

Recommended Action/Motion: Approve and authorize the Board Chair to sign personal services agreement with John Garratt, M.D., in the amount of $98,800 to provide psychiatric services in Fiscal-Year 2014/2015; and authorize the Health and Human Services Agency Director to sign any future amendments to the agreement that do not increase the annual maximum amount.

(l)          Approval of Agreement with the Mendocino Private Industry Council, Inc., (MPIC) in the Amount of $697,864 to Provide Employment and Training Services to Adults, Dislocated Workers, and Businesses from July 1, 2014 through June 30, 2015; Services are to be Performed Per the Workforce Investment Act (WIA) on Behalf of the Workforce Investment Board (WIB)

Recommended Action/Motion: Approve and authorize the Board Chair to sign the agreement with the Mendocino Private Industry Council, Inc., (MPIC) in the amount of $697,864 to provide employment and training services to adults, dislocated workers, and businesses from July 1, 2014 through June 30, 2015, and Authorize the HHSA Director or their designee to sign any future amendments to the agreement that do not affect the annual maximum amount.

(m)      Approval of Agreement with the Redwood Children's Services (RCS) in the Amount of $217,176 to Provide Employment and Training Services to Youth from July 1, 2014 Through June 30, 2015; Services are to be Performed Per the Workforce Investment Act (WIA) on Behalf of the Workforce Investment Board (WIB)

Recommended Action/Motion: Approve and authorize the Board Chair to sign the agreement with the Mendocino Private Industry Council, Inc., (MPIC) in the amount of $217,176 to provide employment and training services to youth from July 1, 2014 through June 30, 2015, and authorize the HHSA Director or their designee to sign any future amendments to the agreement that do not affect the annual maximum amount.

(n)        Approval of Agreement with Telecare Corporation in the Amount of $110,000 to Provide Residential Treatment for Adults in Fiscal Year 2014-15

Recommended Action/Motion: Approve and authorize the Board Chair to sign agreement with Telecare Corporation in the amount of $110,000 to provide residential treatment for adults in fiscal year 2014-15; and authorize the Health & Human Services Agency Director to sign any future amendment to the agreement that do not increase the annual maximum amount.

(o)        Approval of the Mendocino County Mental Health Services Act (MHSA) Plan and Support for the Three-Year Program and Expenditure Plan for Fiscal Years 2014/15 to 2016/17 and Accompanying Resolution for Submission to the State of California

Recommended Action/Motion: :  Approve the Mendocino County Mental Health Services Act (MHSA) Plan and Support for the Three-Year Program and Expenditure Plan for Fiscal Years 2014/15 to 2016/17 and Resolution; and authorize the Mental Health Director to sign and submit the Mendocino County MHSA 3-Year Plan to the State.

HUMAN RESOURCES

(p)        Approval of Agreement with Liebert Cassidy Whitmore in the Amount of $250,000 for the Period of July 1, 2014 through June 30, 2015, to Provide Legal Services

Recommended Action/Motion: Approve the agreement with Liebert Cassidy Whitmore (LCW) in the Amount of $250,000 for the Period of July 1, 2014 through June 30, 2015, to Provide Legal Services.

(q)        Adoption of Resolution Approving the Memorandum of Understanding Between the County of Mendocino and the Deputy Sheriffs' Association for the Term of July 1, 2013 through June 30, 2014

Recommended Action/Motion: Adopt the Resolution and approve the Memorandum of Understanding between the County of Mendocino and the Deputy Sheriffs' Association for the term of July 1, 2013 through June 30, 2014, and authorize Chair to sign same.

(r)         Adoption of Resolution Approving the Memorandum of Understanding Between the County of Mendocino and the Teamsters Local 856 Representing the Mendocino County Public Attorney Association for the Term of January 1, 2014 through December 31, 2014

Recommended Action/Motion: Adopt the Resolution and approve the Memorandum of Understanding between the County of Mendocino and the Teamsters Local 856 representing the Mendocino County Public Attorney Association for the term of January 1, 2014 through December 31, 2014, and authorize Chair to sign same.

PLANNING AND BUILDING SERVICES

(s)         Authorization of the Issuance of Coastal Development Permit CDP No. 23-2013 (Zimmer) In the Town of Mendocino

Recommended Action/Motion: Authorize the issuance of Coastal Development Permit CDP No. 23-2013 (Zimmer) as approved by the Coastal Permit Administrator.

SHERIFF-CORONER

(t)          Adoption of a Resolution Supporting the Dedication of a Portion of Highway 1, in the Fort Bragg Area, in Memory of Deputy Sheriff Ricky Delfiorentino

Recommended Action/Motion: Adopt the Resolution supporting the dedication of a portion of Highway 1, in the Fort Bragg area, in Memory of Deputy Sheriff Ricky Delfiorentino.

(u)        Approval of the 2014 Edward Byrnes Justice Assistance Grant (JAG) from the U.S. Department of Justice, and Designation of Mendocino County Sheriff Thomas Allman as the County's Authorized Agent for the Grant

Recommended Action/Motion: Approve the 2014 Edward Byrnes Justice Assistance Grant (JAG) from the U.S. Department of Justice, and designate Mendocino County Sheriff Thomas Allman as the County's authorized agent for the grant.

(v)        Approval of Agreement Between the County of Mendocino and the County of Sonoma to Confine Inmates of Sonoma County Sheriff's Office within the Mendocino County Jail

Recommended Action/Motion: Approve the Agreement between the County of Mendocino and the County of Sonoma to confine inmates of Sonoma County Sheriff's Office within the Mendocino County jail, and authorize the Chair to sign same.

(w)       Approval of Purchase of One Chipper, Add the Item to the County's Approved List of Fixed Assets, and Approve the Necessary Budget Transfer in the Amount of $21,000

Recommended Action/Motion: Approve the purchase of one chipper, add the item to the County's approved list of fixed assets, and approve the necessary budget transfer in the amount of $21,000.

SOLID WASTE

(x)        Adoption of a Resolution Supporting the Renewal of the Sonoma/Mendocino/Lake Recycling Market Development Zone

Recommended Action/Motion: Adopt the Resolution supporting renewal of the Sonoma/Mendocino/Lake Recycling Market Development Zone.

TREASURER-TAX COLLECTOR

(y)        Approval of Outdoor Festival Application and Authorization for Tax Collector to Issue License for the Mendocino Music Festival, to be Held July 12-July 26, 2014 in Mendocino at Headlands State Park

Recommended Action/Motion: Approve the Outdoor Festival application for the Mendocino Music Festival and authorize the Tax Collector to issue the Outdoor Festival license.

(z)         Approval of Outdoor Festival Application and Authorization for Tax Collector to Issue License for the Northern Nights Music Festival, to be Held July 18-20, 2014 at the Cooks Valley Campground in Piercy, California

Recommended Action/Motion: Approve the Outdoor Festival application for the Northern Nights Music Festival and authorize the Tax Collector to issue the Outdoor Festival license.

(aa)    Approval of Purchase of Four (4) Office Desks for the Court Collections Staff,  Add the Items to the County's Approved List of Fixed Assets, and Approve the Necessary Budget Transfer in the Amount of $9,990.76

Recommended Action/Motion: Approve the purchase of four (4) office desks for the Court Collections Department, add the items to the County's approved list of fixed assets, and approve the necessary budget transfer in the amount of $9,990.76.

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