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 Regular
Meeting March
17, 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.
9:15 AM Noticed Public Hearing - Discussion and Possible Adoption of an
Ordinance Adopting by Reference the 2013 California Building Standards Codes
with Proposed Local Amendments to Title 18 of the Mendocino County Code,
Adopting Local Findings, Reorganizing Existing Authority Over Excavation and
Grading, Making Other Technical and Administrative Revisions to Title 18 (See
Item No. 5f)
10:15 AM Noticed Public Hearing - Appeal by the Applicant, Tom Palley, of
the Zoning Administrator's Denial of Variance #V 2014-0005, to Reduce the
Setback for an Existing House in Covelo (See Item No. 5g)
10:45 AM Noticed Public Hearing - Discussion and Possible Adoption of
Ordinance Rezoning One (1) Parcel Totaling .75± Acres, Currently Zoned SR
(Suburban Residential), to R-3 (Multiple-Family Residential), Rezone #R
2014-0006, Located in Hopland
(See Item No. 5h)
11:15 AM Noticed Public Hearing - Discussion and Possible Adoption of
Ordinance #R 2014-0007 to Rezone Two (2) Parcels, APN's 048-170-37 and
048-170-38 Located in Hopland, Totaling 2.30± Acres, from SR (Suburban
Residential) to R-3 (Multiple-Family Residential) (See Item No. 5i)
11:30 AM Noticed Public Hearing - Discussion and Possible Adoption of
Resolution Approving the 2015 Community Development Block Grant (CDBG) Program
Income Reuse Agreement (See
Item No. 5j)
11:45 AM Adoption of Proclamation Recognizing and Honoring Human Resources
Director Tammi Weselsky upon Her Retirement from County Service on March 28,
2015 (See Item No. 2c)
1:30 PM Noticed Public Hearing - Discussion and Possible Adoption of a
Resolution on a Determination Regarding Section 20.188 of the County Code
(Development Review) and whether the Resumption of Asphalt Processing at the
Industrially Zoned Longvale Site (APN 036-190-26) Constitutes a "New or
Changed" Use as Defined in 20.188.025(C) of Mendocino County Code (See Item No. 6c)
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.
(b)
Adoption
of Proclamation Recognizing Tsunami Preparedness Week as March 23, through
March 27, 2015, to Increase Public Awareness in Mendocino County, and Approval
to Participate in the Tsunami Warning Communications Testing on March 25, 2015 (Sponsor: Sheriff's
Office)
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.
Recommended Action/Motion: Adopt Resolution declaring a
local emergency related to severe winter storms, which commenced on February 4,
2015, causing widespread safety problems to the County Maintained Road System
as well as other Mendocino County Facilities and Agencies, and authorize Chair
to sign same.
GENERAL
SERVICES AGENCY
(d)
Discussion
and Possible Action to Adopt Resolution Consenting to Inclusion of Properties
within the County's Jurisdiction in the California Home Finance Authority
Community Facilities District No. 2014-1 (Clean Energy) to Finance Renewable Energy Improvements, Energy Efficiency and Water
Conservation Improvements and Electric Vehicle Charging Infrastructure;
Resolution Consenting to Inclusion of Properties within the County's
Unincorporated Area in the California Home Finance Authority Program to Finance
Renewable Energy Generation, Energy and Water Efficiency Improvements, and
Electric Vehicle Charging Infrastructure; and Resolution Approving and
Authorizing Execution of an Agreement for Collection of Special Taxes and
Contractual Assessments; and Approval of Agreement for Collection of Taxes and
Special Contractual Assessments
Recommended Action/Motion: Adopt Resolution consenting to
inclusion of properties within the County's jurisdiction in the California Home
Finance Authority Community Facilities District No. 2014-1 (clean energy) to
finance renewable energy improvement, energy efficiency and water conservation
improvements and electric vehicle charging infrastructure; resolution
consenting to inclusion of properties within the County's unincorporated area
in the California Home Finance Authority Program to finance renewable energy
generation, energy and water efficiency improvements, and electric vehicle
charging infrastructure; and resolution approving and authorizing execution of
an agreement for collection of special taxes and contractual assessments; and
approval of agreement for collection of taxes and special contractual
assessments, and authorize Chair to sign same.
(e)
Discussion
and Possible Action to Adopt Resolution Authorizing the County of Mendocino to
Join the CaliforniaFIRST Program; Authorizing the California Statewide
Communities Development Authority to Accept Applications
from Property Owners, Conduct Contractual Assessment Proceedings and Levy
Contractual Assessments Within the Unincorporated Territory of the County; and
Authorizing Related Actions
Recommended Action/Motion: Adopt Resolution authorizing the
County of Mendocino to join the CaliforniaFIRST program; authorizing the
California Statewide Communities Development Authority to accept applications
from property owners, conduct contractual assessment proceedings and levy
contractual assessments within the unincorporated territory of the county; and
authorizing related actions, and authorize Chair to sign same.
PLANNING
AND BUILDING SERVICES
(f)
Noticed
Public Hearing - Discussion and Possible Adoption of an Ordinance Adopting by
Reference the 2013 California Building Standards Codes with Proposed Local
Amendments to Title 18 of the Mendocino County Code, Adopting Local Findings, Reorganizing Existing Authority Over
Excavation and Grading, Making Other Technical and Administrative Revisions to
Title 18
Recommended Action/Motion: Adopt Ordinance as amended,
adopting by reference the 2013 California Building Standards Codes with
proposed local amendments to Title 18 of the Mendocino County Code, adopting
local findings, reorganizing existing authority over excavation and grading,
and making other technical and administrative revisions to Title 18, and
authorize the Chair to sign same.
Recommended Action/Motion: Uphold the Zoning
Administrator's decision to deny Variance # V 2014-0005 and not allow the
reduced the setback for the existing house finding that: (1) there are no
special circumstances applicable to the property involved, including size,
shape, topography, location, or surrounding that would prevent the location of
the house in conformance with applicable setback standards; and (2) the
circumstance requiring the setback variance is due to the action of the
applicant who built the house in the non-conforming location without a building
permit or zoning clearance.
Recommended Action/Motion: Direct Planning and Building
Services to withdraw the proposed rezone from further consideration finding
that it will not create sufficient additional opportunities to develop
multi-family housing in the County consistent with General Plan Housing Action
Item 3.1d, and it is inconsistent with General Plan Policy RM-109.
(i)
Noticed
Public Hearing - Discussion and Possible Adoption of Ordinance #R 2014-0007 to
Rezone Two (2) Parcels, APN's 048-170-37 and 048-170-38 Located in Hopland,
Totaling 2.30± Acres, from SR (Suburban Residential) to R-3
(Multiple-Family Residential)
Recommended Action/Motion: Adopt Ordinance #R 2014-0007 to
rezone two properties, APN's 048-170-37 and 048-170-38, from SR (Suburban
Residential) to R-3 (Multiple-Family Residential) based in the finding that the
rezoning will create additional opportunities for multiple-family development
in an area served by water and sewer district consistent with the General Plan
and Housing Element as follows:
1. That
the Final Environmental Impact Report (FEIR) previously adopted for the
Mendocino County General Plan adequately addressed all of the environmental
issues associated with the proposed land use change, along with associated
rezones resulting in consistency between both the General Plan Land Use
Classifications and the zoning classification for each of the parcels such that
no additional environmental evaluation is required nor necessary pursuant to
Section 15162 (a), Title 14 of the California Code of Regulations.
2. That
the proposed zone change will create additional opportunities to develop
multi-family housing in the County consistent with General Plan Housing Action
Item 3.1d.
3. That
the proposed zone change to R-3 (Multiple-Family Residential) is consistent
with General Plan Policy DE-13 (Suburban Residential) and allows for one (1)
multiple family dwelling unit per 1,500 square feet of lot area when the
property is within a water and sewer district.
4. That
the parcel subject to rezone is vacant or underutilized, consistent with
California Government Code Section 65583.2 and will create additional
opportunities where multiple family housing may be developed as a right and may
be in districts that will be served by existing water and sewer connections.
Recommended Action/Motion: Adopt Resolution approving the
CDBG Program Income Reuse Agreement, authorize the Chief Executive Officer to
sign the agreement, and authorize the Chair to sign Resolution.
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.
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: Approve request for direct
review, finding the subject project to provide a special contribution to the County's
general welfare and economic well-being, pursuant to Section 2.54.010 of the
Mendocino County Code.
(c)
Noticed
Public Hearing - Discussion and Possible Adoption of a Resolution on a
Determination Regarding Section 20.188 of the County Code (Development Review)
and whether the Resumption of Asphalt Processing at the Industrially
Zoned Longvale Site (APN 036-190-26) Constitutes a "New or Changed"
Use as Defined in 20.188.025(C) of the Mendocino County Code (Sponsor:
Supervisor Woodhouse)
Recommended Action/Motion: Adopt Resolution determining
that resumption of asphalt production on APN 036-190-26 is not a new nor
changed use pursuant to Mendocino County Code Section 20.188.025(C) requiring
additional development review, 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 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, Heidi Dunham, Alan Flora, and
Donna Williamson; Employee Organization(s):
All
(b)
Pursuant
to Government Code Section 54956.9(a) - Conference with Legal Counsel -
Existing Litigation: Jana Miller,
Individually and as Successor in Interest to David K. Miller, Deceased v.
County of Mendocino, Leila Lamun; and Does One through Thirty, Inclusive.
Mendocino County Superior Court Case No. SCUK CVPT 13-62425
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 Resource Control
Board - Notice of March 5, 2015 order modifying an order that approved in part
and denied in part a petition for temporary urgency changes to license and
permit terms and conditions requiring compliance with Delta Water Quality
objectives in response to drought conditions; for additional information please
contact Diane Riddle at (916) 341-5297 or via email at
diane.riddle@waterboards.ca.gov, or contact Rich Satkowski at (916) 341-5439 or
via email at rich.satkowski@waterboards.ca.gov.
(b)
California Department of Water
Resources - February 1, 2015 Report regarding Water Conditions in California;
for additional information please visit www.water.ca.gov.
(c)
Cal Office of Emergency Services
- On February 25, 2015, the U.S. Department of Agriculture granted a
Secretarial disaster designation for the primary counties of Humboldt, Lake,
Napa, Nevada, Placer, Solano, Sutter, Ventura, Yuba, and the contiguous counties
of Butte, Colusa, Contra Costa, Del Norte, El Dorado, Glenn, Kern, Los Angeles,
Mendocino, Plumas, Sacramento, Santa Barbara, Sierra, Siskiyou, Sonoma,
trinity, and Yolo due to agricultural losses caused by drought beginning
January 1, 2014, and continuing; for additional information please contact SBA,
(800) 659-2955, or visit SBA's website at
www.sba.gov/services/disasterassistance.
(d)
State Fish and Game Commission -
Notice of Findings regarding the flat-tailed horned lizard (Phrynosoma mcallii) which will be
published in the California Regulatory Notice Register on March 6, 2015; for
additional information please contact Sonke Mastrup, Executive Director, Fish
and Game Commission, (916) 653-4899.
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
(e)
March
3, 2015 Regular Board Meeting
AGRICULTURE
(f)
Adoption
of Resolution Authorizing Mendocino County Department of Agriculture to be the
Lead Agency in an Application for a Sustainable Agricultural Lands Strategy
Planning Grant Entitled: "The Mendocino County Agricultural Lands Conservation Planning Program," to be
Awarded by the California Department of Conservation, and Authorization for
Supervisor Tom Woodhouse to Represent the County Board of Supervisors on the
Proposed Core Planning Team
Recommended Action/Motion: Adopt Resolution authorizing
Mendocino County Department of Agriculture to be the lead agency in an
application for a Sustainable Agricultural Lands Strategy Planning Grant
entitled: "The Mendocino County Agricultural Lands Conservation Planning
Program," to be awarded by the California Department of Conservation,
Further, authorize Supervisor Tom Woodhouse as the Board of Supervisors
representative on the Core Planning Team, and authorize Chair to sign same.
BOARD OF
SUPERVISORS
(g)
Approval
of Letter of Support for a Grant Application to Fund the Stream Flow Monitoring
Program Required by the State Water Resources Control Board for Agriculture
Frost Regulation in the Russian River Watershed (Sponsors: Supervisors Brown and McCowen)
Recommended Action/Motion: Approve the letter of support
for a grant application to fund the stream flow monitoring program required by
the State Water Resources Control Board for agriculture frost regulation in the
Russian River watershed, and authorize Chair to sign same.
GENERAL
SERVICES AGENCY
Recommended Action/Motion: Adopt Resolution updating the
allocation list for the assignment of vehicles to County departments
superseding Resolution No. 88-204 and authorize Chair to sign same.
HEALTH AND
HUMAN SERVICES AGENCY
(i)
Approval
for Mendocino County Health and Human Services Agency (HHSA) Behavioral Health
and Recovery Services (BHRS) to Receive Unencumbered Mental Health Services Act
(MHSA) Housing Program Funds in the Amount
of $1,332,379.16; and Adoption of Resolution Authorizing the BHRS Director to
Sign the MHSA Housing Program County Funding Release Form on Behalf of the
County of Mendocino
Recommended Action/Motion: Approve Mendocino County HHSA
Behavioral Health and Recovery Services to receive unencumbered Mental Health
Services Act (MHSA) Housing funds in the amount of $1,332,379.16; and adopt a
resolution authorizing the BHRS Director to sign the funding release form on
behalf of the County of Mendocino, and authorize chair to sign resolution.
Recommended Action/Motion: Approve the letter of support,
authorize Health and Human Services Agency (HHSA) Veterans Services to transmit
support letter to Assembly Member Jacqui Irwin on behalf of Mendocino County
and authorize the Chair to sign same.
Return one (1) original and one (1) copy of signed letter to HHSA.
(k)
Approval
to Purchase of a Vehicle to Support Behavioral Health and Recovery Services
(BHRS) Community Outreach Activities and Approve the Appropriation Transfer of
Funds, Increasing Funds and Revenue in Budget Unit 4050;
Line-item 4050-864370 and Revenue Line-item
4050-825342 in the Amount of $13,000 and Authorize the Addition of the
Vehicle to the County Approved List of Fixed Assets
Recommended Action/Motion: Approve purchase of a vehicle to
support the BHRS community outreach activities and approve the Appropriation
Transfer of Funds, increasing funds and revenue in Budget Unit 4050; line-item
4050-864370 and revenue Line-item
4050-825342 in the amount of $13,000 and approve the addition of the
vehicle to the County approved list of fixed assets.
(l)
Authorization
for the Mendocino County Health and Human Services Agency (HHSA) Behavioral
Health and Recovery Services (BHRS) to Apply for an Investment in Mental Health
Wellness Act of 2013 Grant to Provide a Crisis Residential
Treatment Program and Authorize Chair to Sign Application Certification
Recommended Action/Motion: Authorize Mendocino County HHSA
Behavioral Health and Recovery Services to submit application for an Investment
in Mental Health Wellness Act of 2013 grant to provide a Crisis Residential
Treatment Program. Authorize chair to sign application certification and return
certified copy.
HUMAN
RESOURCES
(m)
Adoption
of Resolution Authorizing Changes to the Position Allocation Table as Follows:
Air Quality Management District, Budget Unit 0327; Delete One (1) FTE Account
Specialist II; Delete One (1) FTE Staff Assistant III; Add One (1) FTE Account Specialist III; Add One (1) FTE Staff Assistant II
Recommended Action/Motion: Adopt Resolution authorizing
changes to the Position Allocation Table as follows: Budget Unit 0327; delete
one (1) FTE Account Specialist II, delete one (1) FTE Staff Assistant III; add
one (1) FTE Account Specialist III, add one (1) FTE Staff Assistant II, and
authorize Chair to sign same.
Recommended Action/Motion: Adopt Resolution authorizing
changes to the Position Allocation Table as follows: Budget Unit 2851, delete
four (4) FTE Staff Assistant II; Budget Unit 2851, add four (4) FTE Staff
Assistant III; and authorize the Chair to sign same.
Recommended Action/Motion: Adopt Resolution authorizing
changes to the Position Allocation Table as follows: Budget Unit 1210, add one
(1) FTE Deputy County Counsel IV; Budget Unit 5010, delete one (1) FTE
Eligibility Worker II, and authorize the Chair to sign same.
PLANNING
AND BUILDING SERVICES
Recommended Action/Motion: Adopt Private Road Name Petition
RN 2015-0001 (Thurston Way), finding it to be in conformance with Mendocino
County Code 18.16.070, and direct staff to assign the proper addresses.
Recommended Action/Motion: Adopt Resolution to allow the
California Coastal Commission to process a consolidated Coastal Development
Permit, and authorize the Chair to sign same.
SHERIFF-CORONER
Recommended Action/Motion: Approve the request to purchase
one throw phone, one animal shelter trailer, one shelter trailer, and add these
items to the County's approved list of fixed assets.
Recommended Action/Motion: Approve the budget transfer in
the amount of $15,000 for budget unit 2510 in order to begin the capital
improvements project to fabricate and install Three shower stall gates in the
jail.
TRANSPORTATION
Roads
(Willits and Fort Bragg Areas)
Recommended Action/Motion: Adopt Resolution authorizing
Department of Transportation (DOT) advertisement for bids and award of DOT
Contract No. 150023 to perform a 2015 Asphalt Concrete (A.C.) Overlay on
various County Maintained Roads (Willits and Fort Bragg Areas), and authorize
Chair to sign same.
Recommended Action/Motion: Adopt Resolution authorizing
Department of Transportation (DOT) advertisement for bids and award of DOT
Contract No. 150024 to perform a 2015 Cape Seal Project on Old River Road, CR
201, M.P. 0.00 to M.P. 6.81 (Hopland Area), and authorize Chair to sign same.
Recommended Action/Motion: Adopt Resolution establishing
the total mileage of County Maintained Roads at 1,014.34 miles as of December
31, 2014, and authorize the Chair to sign same.
TREASURER-TAX
COLLECTOR
Recommended Action/Motion: Adopt Resolution authorizing the
Laytonville Unified School District to issue and sell bonds on its own behalf
without further action of the Board of Supervisors or Officers of the County,
and authorize the Chair to sign same; and further direct the Clerk of the Board
to send two (2) signed certified copies to County Counsel and two (2) signed
certified copies to the Treasurer-Tax Collector.
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