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Carre Brown 1st District Supervisor Chair |
John McCowen 2nd District Supervisor |
Tom Woodhouse 3rd District Supervisor |
Dan GJerde 4th District Supervisor Vice-Chair |
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
(Amended) Regular
Meeting February
3, 2015 – 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.
10:30 a.m.: Discussion and
Possible Direction Regarding the Process for Responding to Public Records Act
Requests (See
Item No. 5c)
1:30 p.m.: Presentation of
Retirement Association Actuarial Valuation and Review for the Fiscal Year
Ending June 30, 2014 and Discussion and Possible Adoption of Retirement
Association Rates for Fiscal Year 2015/16 (See Item 5e)
2:30 p.m.: Adoption of Resolution
of Necessity Authorizing the Transfer of Department of Transportation (DOT)
Road Funds in the Amount of $680,000 into an Escrow Account, and Authorizing
Acquisition and Condemnation of Certain Real Property from Certain Landowners
Necessary for the Reconstruction and Widening Project of East Side Potter Valley
Road, CR 240, From M.P. 2.46 to 6.42 (Potter Valley Area) DOT Project No.
C-9807.03 (See Item No. 5g)
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 directions to staff on
matters of legislation.
COUNTY
COUNSEL
Recommended Action/Motion: Discuss the process for
responding to Public Records Act Requests and provide possible direction to
staff.
HEALTH AND
HUMAN SERVICES AGENCY
Recommended Action/Motion: Accept presentation and update
on Partnership Health Plan of California activities for 2014.
MENDOCINO
COUNTY EMPLOYEES' RETIREMENT ASSOCIATION
Recommended Action/Motion: Accept Actuarial Valuation and
review and adopt the Retirement Board's recommended retirement association
contribution rates as contained within the report.
PLANNING
AND BUILDING SERVICES
Recommended Action/Motion: Accept the Mendocino Town LCPA
status report and, as necessary, direct Planning and Building Services to
respond to Coastal Commission comments regarding the LCPA.
TRANSPORTATION
(g)
Adoption
of Resolution of Necessity Authorizing the Transfer of Department of
Transportation (DOT) Road Funds in the Amount of $680,000 into an Escrow
Account, and Authorizing Acquisition and Condemnation of Certain Real Property from Certain Landowners Necessary for the Reconstruction
and Widening Project of East Side Potter Valley Road, CR 240, From M.P. 2.46 to
6.42 (Potter Valley Area) DOT Project No. C-9807.03
Recommended Action/Motion: Adopt Resolution of Necessity
authorizing the transfer of Department of Transportation Road Funds in the
amount of $680,000 into an Escrow Account,
authorizing acquisition and condemnation of certain real property from
certain landowners necessary 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), Department of Transportation Project No. C-9807.03, and authorize
Chair to sign same.
(h)
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
(b)
Adoption
of Resolution Authorizing the Consolidation of Election of the Directors of the
Mendocino Coast Recreation and Park District with the General Election to be
Held in November 2016, and Every Two Years Thereafter (Sponsors:
Supervisors Gjerde and Hamburg)
Recommended Action/Motion: Adopt Resolution authorizing the
consolidation of election of the directors of the Mendocino Coast Recreation
and Park District with the General Election to be held in November 2016, and
every two years thereafter, and authorize Chair to sign same.
Recommended Action/Motion: Adopt Resolution as presented,
and authorize Chair to sign same.
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 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 County Superior Court Case No.
SCUK-CVPM-11 59486
(c)
Pursuant
to Government Code Section 54956.8 - Conference with Real Property Negotiator;
Property/Physical Address: 24000 South Highway One, Point Arena (APN 027-061-04);
Parties: County of Mendocino; Agency Negotiator: Kristin McMenomey; Under
Negotiation: Surplus/Sale of Real Property
(d)
Pursuant
to Government Code Section 54956.8 - Acquisition and Sale of Real Property
Interest(s), Physical Address: 125 E. Commercial Street - APN's 005-212-04,
005-212-05, 005-212-18; Parties: County of Mendocino GSA Director, Negotiator
for the County; Administrative Office of the Courts, Owner
(e)
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 County 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)
State Fish and Game Commission -
Notice of proposed regulatory action relative to Amending Sections 311, 353, 464,
465, 475, and 485; repealing Section 355; and adding Section 250.1, Title 14,
California Code of Regulations, relating to the prohibition on the use of lead
projectiles and ammunition using lead projectiles for the take of wildlife with
firearms, which will be published in the California Regulatory Notice Register
on January 16, 2015; for additional information please contact Craig Martz,
Department of Fish and Wildlife, (916) 653-4674, or visit www.fgc.ca.gov.
(b)
State Fish and Game Commission -
Notice of proposed regulatory action relative subsection (b) of Section 27.65
and subsection (b) of Section 28.38, Title 14, California Code of Regulations,
relating to Pacific Bluefin Tuna daily bag limit and Tuna fillet procedures,
which will be published in the California Regulatory Notice Register on January
23, 2015; for additional information please contact Mandy Lewis, Department of
Fish and Wildlife, (562) 341-7169, or visit www.fgc.ca.gov.
(c)
Caltrans - Notice of three public
workshops to be held on proposed realignment of U.S. Highway 101 in Del Norte
County at Last chance Grande; for additional information please contact Eli
Rohl, Public Information Office, Caltrans, (707) 441-3998, email to
eli.rohl@dot.ca.gov.
(d)
Cal Office of Emergency Services
- On January 7, 2015, the U.S. Small Business Administration (SBA) declared the
primary county of Tehama and the contiguous counties of Butte, Glenn,
Mendocino, Plumas, Shasta, and Trinity a disaster area. This declaration is a
result of damages caused by the December Winter Storms that occurred December
3, 2014 through December 23, 2014; for additional information please contact
SBA, (800) 659-2955, or visit SBA's website at
www.sba.gov/services/disasterassistance
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 William Flubacher
Items Recommended for Approval:
MINUTES
(d)
January
6, 2015 Regular Board Meeting
(e)
January
20, 2015 Regular Board Meeting
APPOINTMENTS
(f)
Approval
of Recommended Appointments/Reappointments
Recommended Action/Motion: Approve the following
appointments/reappointments:
EXECUTIVE
OFFICE
HEALTH AND
HUMAN SERVICES AGENCY
Recommended Action/Motion: Adopt Resolution certifying that
no voluntary mental health program serving adults or children is to be reduced
as a result of implementation of State Assembly Bill 1421 (aka Laura's Law),
Assisted Out-patient Treatment (AOT) Program, and authorize Chair to sign same.
HUMAN
RESOURCES
(h)
Approval
of Extraordinary Merit Increase for District Attorney Employee Daniel Madow in
Accordance with Mendocino County Code Section 3.04.080 "Application of
Compensation Plan to Positions", and Authorize the Chief Executive Officer to Approve, on Behalf of the Board of
Supervisors, Future Requests Related to Chapter 3.04 (Personnel and Salary) of
the Mendocino County Code
Recommended Action/Motion: Approve the extraordinary merit
increase for District Attorney employee Daniel Madow in accordance with
Mendocino County Code Section 3.04.080, and Authorize the Chief Executive
Officer to approve, on behalf of the Board of Supervisors, future requests
related to Chapter 3.04 (Personnel and Salary) of the Mendocino County Code.
LIBRARY
Recommended Action/Motion: Ratify submission of the Young
Adult Library Services Association (YALSA) Teen Tech Week Grant application for
the amount of $1,000.
PLANNING
AND BUILDING SERVICES
Recommended Action/Motion: Approve Financial Memorandum of
Understanding (MOU) establishing the financial framework for a Workforce
Investment Board (WIB) partnership with the Northern California Career Pathways
Alliance (NCCPA) and authorize the WIB Chair to sign same.
TRANSPORTATION
(k)
Adoption
of Resolution Approving Department of Transportation (DOT) Agreements (for a
Total Amount of $128,944.00) 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 Resolution approving DOT
Agreements with the certain landowners (for a Total Amount of $128,944.00),
accept the Grant Deeds conveying real property from said certain landowners,
and authorize the Board Chair to sign 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.
(l)
Adoption
of Resolution Approving Department of Transportation (DOT) Tariff Agreement
with Pacific Gas and Electric Company (PG&E) for Utility Facilities Relocation
Costs Not to Exceed $720,000, From Budget Unit 3041, Associated
with the Road Improvements Project on East Side Potter Valley Road, CR 240,
M.P. 2.40 to M.P. 6.42 (Potter Valley Area)
Recommended Action/Motion: Adopt Resolution approving the
Director of Transportation to enter into a Tariff Agreement with Pacific Gas
and Electric Company to relocate utility facilities in conjunction with the
East Side Potter Valley Road Project, approve payment of Restricted State
Transportation Improvement Funds in Budget Unit 3041, authorize necessary
payment not to exceed $720,000, and authorize Chair to sign same.
Recommended Action/Motion: Adopt Resolution releasing the
Contract Surety and the Labor and Materials Surety for DOT Contract No. 110122,
Feliz Creek Bridge replacement on County Road 110, pursuant to applicable terms
and conditions, and authorize Chair to sign same.
Recommended Action/Motion: Adopt Resolution releasing the
Contract Surety for Contract No. 130074, 2011 storm damage repair on Mountain
View Road, M.P. 20.59, pursuant to applicable terms and conditions, and
authorize Chair to sign same.
TREASURER-TAX
COLLECTOR
(o)
Acceptance
of the December 31, 2014 Report of Mendocino County Pooled Investments
Recommended Action/Motion: Accept the December 31, 2014
report of Mendocino County Pooled Investments.
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.
Mendocino
County Water Agency
Recommended Action/Motion: Appoint Carmel J. Angelo, Chief
Executive Officer, as General Manager of the Mendocino County Water Agency and
authorize the development of an action plan to be presented to the Board of
Supervisors within 90 days.
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