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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 Interim 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 December
2, 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.
9:15 a.m.: Noticed Public Hearings - Adoption of
Resolutions Approving Agricultural Preserves (See Item Nos. 5d - 5i)
9:30 a.m.: Noticed Public Hearing - Adoption of a
Resolution Amending the General Plan Land Use Classification of a 144 Acre
Parcel in the Yorkville Area (See
Item No. 5j)
10:00 a.m.: Noticed Public Hearing - Appeal of
the Coastal Permit Administrator Decision to Approve Coastal Development Permit
No. CDP 7-2014, North of Fort Bragg (See Item No. 5k)
11:00 a.m.: Discussion and Possible Direction Regarding
the Board of Retirement's Determination on the Possible Phase-In of the Plan
Sponsor's (the County's) Rates Resulting from the Recent Action to Lower the
Assumed Investment Return Rate from 7.75% to 7.25% (See Item No. 5c)
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 on
matters of legislation.
(c)
Discussion and Possible
Direction Regarding the Board of Retirement's Determination on the Possible
Phase-In of the Plan Sponsor's (the County's) Rates Resulting from the Recent
Action to Lower the Assumed Investment Return
Rate from 7.75% to 7.25% (Sponsors: Executive Office and Supervisor McCowen)
Recommended Action/Motion: Provide direction with regard to
the Board of Retirement's impending decision at their December 3, 2014 meeting
associated with the Board of Retirement's determination on the possible
phase-in of the Plan Sponsor's rates.
PLANNING
AND BUILDING SERVICES
Recommended Action/Motion: Adopt the Resolution approving
Agricultural Preserve No. A 1-2014 for the Rescission and Simultaneous
Replacement of an Agricultural Preserve Contract, finding the request to be
consistent with the General Plan and Mendocino County Code Section 22.08.020,
and authorize the Chair to sign same.
Recommended Action/Motion: Adopt the Resolution approving
Agricultural Preserve No. A 2-2014 as recommended by the Planning Commission,
finding the request to be consistent with the General Plan, and Mendocino
County Code Sections 22.08.020 and 22.08.050, and authorize the Chair to sign
same.
Recommended Action/Motion: Adopt the Resolution approving
Agricultural Preserve No. A 3-2014 as recommended by the Planning Commission,
finding the request to be consistent with the General Plan and Mendocino County
Code Sections 22.08.020 and 22.08.050, and authorize the Chair to sign same.
Recommended Action/Motion: Adopt the Resolution approving
Agricultural Preserve No. A 5-2013, as recommended by the Planning Commission,
finding the request to be consistent with the General Plan and Mendocino County
Code Sections 22.08.020 and 22.08.050, and authorize the Chair to sign same.
Recommended Action/Motion: Adopt the Resolution approving Agricultural
Preserve No. A 6-2014 as recommended by the Planning Commission, finding the
request to be consistent with the General Plan and Mendocino County Code
Sections 22.08.020 and 22.08.050, and authorize the Chair to sign same.
Recommended Action/Motion: Adopt the Resolution approving
Agricultural Preserve No. A 7-2014 as recommended by the Planning Commission,
finding the request to be consistent with the General Plan, and Mendocino
County Code Section 22.08.020, and authorize the Chair to sign same.
(j)
Noticed Public Hearing
- Adoption of a Resolution Amending the General Plan Land Use Classification of
a 144 Acre Parcel in the Yorkville Area from Rangeland-160 (RL:160) to
Agriculture-40 (AG:40), and Adoption of an Ordinance
Rezoning 144 Acres from RL:160 to AG:40 on Assessor's Parcel Number 049-370-63,
in the Yorkville Area
Recommended Action/Motion: Adopt a Resolution amending the
General Plan Land Use Classification of a 144 acre parcel in the Yorkville Area
from Rangeland-160 (RL:160) to Agriculture-40 (AG:40), and adopt an Ordinance
rezoning 144 Acres from RL:160 to AG:40 on Assessor's Parcel Number AP#
049-370-63, in the Yorkville Area, as recommended by the Planning Commission,
and authorize the Chair to sign same.
Recommended Action/Motion: Deny the appeal and uphold the
Coastal Permit Administrator decision of approval with conditions.
Recommended Action/Motion: Accept the Mendocino Town LCPA
status report and, as necessary, direct PBS to respond to Coastal Commission
comments regarding the LCPA.
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.
Recommended Action/Motion: Provide direction with regard to
the schedule for adoption of Mendocino County's proposed 2015 Legislative
Platform.
Recommended Action/Motion: Accept the report from the BID
Ad Hoc Committee, and provide direction with regard to timing and process.
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
Public Facilities Corporation; and the Mendocino County Water Agency.
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, Tammi Weselsky, Juanie Cranmer, Cherie Johnson,
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; Mendocino
Superior Court Case No. SCUK-CVPT-08-52268
(c)
Pursuant
to Government Code section 54956.9(a) - Conference with Legal Counsel -
Existing Litigation: Animal Legal Defense Fund, et al. v. County of Mendocino;
Mendocino Superior Court Case No. SCUK-CVPT-14-64916
10. Communications Received and Filed
Communications
received and filed are retained by the Clerk throughout the Board proceedings.
To review items described in this section, please contact the Executive Office
staff in Room 1010.
(a)
Federal Energy Regulatory Commission
- Notice of order approving temporary variance of minimum flow requirement in
Project No. 77-269; for additional information please visit
www.ferc.gov/docs-filing/ecomments.asp or
www.ferc.gov/docs-filing/elibrary/asp.
(b)
State Water Resource Control Board
- Notice of lifting of water right curtailments for all post-1914 water right
permits and licenses in the Russian River watershed; for additional information
please contact the Drought Year Curtailment Hotline, (916) 341-5342.
(c)
State Water Resource Control
Board - Notice of temporary lifting of curtailments for diversions in the
Sacramento-San Joaquin watershed; for additional information please contact the
Drought Year Curtailment Hotline, (916) 341-5342.
(d)
State Water Resource Control
Board - Notice of new Russian River frost protection regulation schedule for
2015; for additional information please visit
www.waterboard.ca.gov/waterrights/
water_issues/programs/hearings/russian_river_frost/prtctn_reg.shtml.
(e)
State Water Resource Control
Board - Notice of report by Stream Pollution Trends Monitoring Program,
analyzing five-year trends of water quality from 2008-2012; for additional
information please contact Dawit Tadesse, Ph.D., Senior Environmental
Scientist, State Water Resources Control Board, (916) 341-5486.
(f)
State Water Resource Control
Board - Notice of status report for the Russian River as required by the August
25, 2014 order approving the agency's petition for temporary urgency change in
Permit 12947A. 12949, 12950, and 16596; for additional information please
contact John Mendoza, Engineer III, Sonoma County Water Agency, (707) 547-1929.
(g)
Fish and Game Commission - Notice
of proposed regulatory action relative to Section 662, Title 14, California
Code of Regulations, relating to petitions for regulation changes, which will
be published in the California Regulatory Notice Register on November 7, 2014;
for additional information please contact Sonke Mastrup, Executive Director,
Fish and Game Commission, (916) 653-4899, or by fax (916) 653-5040, or email to
fgc@fgc.ca.gov.
(h)
North Coast Opportunities, Inc.
(NCO) Head Start Child Development Program - Notice of availability of
2013/2014 Annual Head Start Report; for additional information please contact
Corrine Lindgren, Program Director, NCO Head Start Child Development Program,
(707) 462-2582.
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)
November 4,
2014 Regular Board Meeting
(c)
November 10,
2014 Regular Board Meeting
APPOINTMENTS
(d)
Approval of
Recommended Appointments/Reappointments
Recommended Action/Motion: Approve the following
appointments/reappointments:
|
Board or Commission |
Appointee |
Category |
|
Laytonville
Municipal Advisory Council |
Alice
Langton-Sloan |
Alternate
Member |
|
Mendocino
Historical Review Board |
Cynthia
Arch |
Member |
Recommended Action/Motion: Appoint Supervisor Dan Gjerde to
the Alternate Mandated County Governing Body seat of the Mental Health Board.
BOARD OF
SUPERVISORS
Recommended Action/Motion: Approve the letter of support to
name the Berryessa Snow Mountain region as a National Monument and authorize
the Chair to sign same.
EXECUTIVE
OFFICE
(g)
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, 14-056, 14-069, 14-088,
14-106, 14-117, 14-130, and 14-140 (Sponsors: Executive Office and Sheriff's
Office)
Recommended Action/Motion: Adopt the Resolution renewing
Mendocino County's declaration of a local emergency and extending the existing
local emergency due to drought conditions, and authorize Chair to sign same.
Recommended Action/Motion: Ratify the letter of support for
funding for the Federal Payment-In-Lieu-of-Taxes (PILT) Program and the Secure
Rural Schools and Community Self-Determination Act (SRS) Program in Federal
Fiscal Year 2015.
GENERAL
SERVICES AGENCY
Recommended Action/Motion: Approve Change Order to existing
agreement with Fort Bragg Electric, Inc. for the Security Access Gate Project,
increasing the total agreement amount to $120,825, and authorize the Purchasing
Agent to sign the Change Order.
Recommended Action/Motion: Approve the revised Veterans'
Memorial Buildings Rules and Regulations and authorize the General Services
Agency Director to make any future administrative related changes to the
Veterans' Memorial Buildings Rules and Regulations as necessary.
HEALTH AND
HUMAN SERVICES AGENCY
(k)
Adoption of
Resolution Authorizing the Health and Human Services Agency (HHSA) Director to
Sign Master Agreements, Program Supplement Agreements, and Other Related
Documents between the County of Mendocino and CalTrans for Non-Infrastructure Safe Routes to School Projects,
and Provide Direction to HHSA Prevention and Planning Unit to Request from the
California Transportation Commission the Allocation of $871,000 in Active
Transportation Program (ATP) Funds for the Implementation of the Mendocino
County HHSA Safe Routes to School Program
Recommended Action/Motion: Adopt the Resolution allowing
HHSA to sign the Master Agreement with the State Department of Transportation
on behalf of Mendocino County for projects pertaining to non-infrastructure
Safe Routes to School programs; and further, provide direction to HHSA to
pursue the Funding Allocation Request for implementation of the Mendocino
County Safe Routes to School ATP program, from the California Transportation
Commission.
Recommended Action/Motion: Approve and authorize the Board
Chair to sign agreement with California Psychiatric Transitions, Inc. in the
amount of $210,000 to provide residential treatment program to mental health
clients in Fiscal Year 2014/2015; and authorize the HHSA Director to sign any
future amendments to the agreement that do not increase the annual maximum
amount.
Recommended Action/Motion: Approve and authorize the Board
Chair to sign the letter to the Office of Director of the Department of Motor
Vehicles (DMV) requesting exemption of Vehicle Code Title 13 for Long Valley
Fire Protection District and Laytonville Fire Department Ambulance.
(n)
Approval of
Revenue Agreement 14-90070 with the Department of Health Care Services (DHCS)
Substance Use Disorder (SUD) Services to Receive $3,211,254 to Provide SUD
Treatment Services in Fiscal Years 2014-15 through
2016-17; and Adoption of Resolution Authorizing the Health and Human Services
Agency (HHSA) Behavioral Health and Recovery (BHRS) Director to Sign Revenue
Agreement 14-90070 on Behalf of Mendocino County
Recommended Action/Motion: Approve revenue agreement
14-90070 with DHCS Substance Use
Disorder Services to provide Substance Use Disorder Treatment; and adopt resolution
authorizing the BHRS Director to sign agreement on behalf of Mendocino County;
and authorize the HHSA BHRS Director to sign any future amendments to the
agreement that do not affect the annual maximum amount.
LIBRARY
Recommended Action/Motion: Authorize the Mendocino County
Library to offer a fee amnesty week from December 21, 2014 through December 27,
2014.
Recommended Action/Motion: Ratify the Book-to-Action Grant
Application submitted to the State of California for a maximum amount of $3,000
for the period of January 1, 2015 through June 30, 2015.
PLANNING
AND BUILDING SERVICES
Recommended Action/Motion: Authorize the issuance of
Coastal Development Permit No. CDP 9-2014 (Hakanson), as approved by the
Coastal Permit Administrator.
SHERIFF-CORONER
Recommended Action/Motion: Approve the appropriations
increase in the Sheriff's Office's budget, and approve the necessary budget
transfer in the amount of $46,000.
Recommended Action/Motion: Approve the Mendocino County
Sheriff's Office Home Detention Policy as submitted.
TRANSPORTATION
(t)
Adoption of
Resolution Approving Amendment No. 5 in the Amount of $20,750 to Board of
Supervisors (BOS) Agreement No. 12-005/Department of Transportation (DOT)
Agreement No. 110102, Professional Services Agreement with Drake Haglan and Associates, for Replacement of the Davis
Creek Bridge on East Hill Road (Willits Area)
Recommended Action/Motion: Adopt the Resolution approving
Amendment No. 5 to BOS Agreement No. 12-005/DOT Agreement No. 110102 in the
amount of $20,750 for a new not-to-exceed amount of $611,250, with a $40,000
contingency (if needed), authorize Board Chair to sign the Amendment and
authorize Director of Transportation to sign any and all Amendments to the
Agreement that will not result in an increased cost beyond the above-listed
authorized amount.
(u)
Adoption of
Resolution Approving Department of Transportation (DOT) Agreement No. 140006,
Professional Services Agreement with SHN Consulting Engineers & Geologists,
Inc., for Updated Post-Closure Maintenance Plans
and Non-Water Release Corrective Action Plans in the Amount of $63,750 for
Laytonville and South Coast Landfills (Laytonville and Gualala Areas)
Recommended Action/Motion: Adopt the Resolution approving
DOT Agreement No. 140006 with SHN Consulting Engineers & Geologists, Inc.
in the amount of $63,750 plus contingency, and authorize and direct Board Chair
to sign same.
(v)
Adoption of
Resolution Approving Department of Transportation (DOT) Agreement No. 140071,
Professional Services Agreement with SHN Consulting Engineers & Geologists,
Inc., for Updated Post-Closure Maintenance Plans
and Non-Water Release Corrective Action Plans in the Amount of $46,250 for
Caspar Landfill (Caspar Area)
Recommended Action/Motion: Adopt the Resolution approving
DOT Agreement No. 140071 with SHN Consulting Engineers & Geologists, Inc.
in the amount of $46,250 plus contingency, and authorize and direct Board Chair
to sign same.
(w) Adoption of
Resolution Approving Department of Transportation (DOT) Agreements (for a Total
Amount of $71,220.00) with and Accepting Grant Deeds Conveying Real Property
from Certain Landowners for the Acquisition of
Rights of Way Needed for the Reconstruction and Widening Project of East Side
Potter Valley Road, CR 240, from M.P. 2.46 to M.P. 6.42 (Potter Valley Area)
Recommended Action/Motion: Adopt the Resolution approving
DOT Agreements with the certain landowners, accept the Grant Deeds conveying
real property from said certain landowners, and authorize the Board Chair to
execute said Agreements and the Statutory Certificates of Acceptance. Direct the Clerk of the Board to submit the
Grant Deeds to County DOT office for further processing and recording. Direct County Auditor and County Assessor to
prorate real property taxes.
Recommended Action/Motion: Authorize the Board Chair to
sign the Notice of Completion and direct the Clerk of the Board to file the
Notice of Completion for Department of Transportation Contract No. 140014 with
the County Recorder.
TREASURER-TAX
COLLECTOR
Recommended Action/Motion: Approve the amendment to the MOU
between the County of Mendocino and State Franchise Tax Board for collection of
court-ordered debt, extending the term of the agreement through November 30,
2017, and authorize the Chair to sign same.
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