Carre Brown

1st District Supervisor

Chair

John McCowen

2nd District Supervisor

Tom Woodhouse

3rd District Supervisor

Dan GJerde

4th District Supervisor

Vice Chair

DAN HAMBURG

5th District Supervisor

 

 

 

 

CARMEL J. ANGELO

Chief Executive Officer/

Clerk of the Board

 

 

 

 

DOUGLAS L. LOSAK

Interim County Counsel

 

 

 

COUNTY ADMINISTRATION CENTER

501 Low Gap Road, Room 1070

Ukiah, CA 

(707) 463-4441

Fax (707) 463-5649

cob@co.mendocino.ca.us

 

Mendocino County Board of Supervisors

 

AGENDA (AMENDED)

 

Regular Meeting

May 5, 20159:00 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.

10:00 AM Report Out of the Ad Hoc Committee on the Potential Economic Impacts of Marijuana Legalization in Mendocino County Including Discussion and Possible Adoption of the North Coast Counties Marijuana Policy Statement

11:00 AM Presentation and 2014-2015 Annual Report of the Juvenile Justice and Delinquency Prevention Commission (JJDPC)            

11:30 AM Noticed Public Hearing – Possible Adoption of Ordinance to Rezone (#R 2014-0004) Two (2) Parcels, APN’s 002-050-16 & 17 Located in Ukiah, Totaling 4.13± Acres, from I-1:FP (Limited Industrial: Flood Plain) to R-3:CR:FP (Multi-Family Residential-Contract Rezone: Flood Plain), and Six (6) Parcels, APN’s 002-010-10, 002-020-05, 002-040-40, 41, 002-050-14 and 15 Located in Ukiah, Totaling 20.0± Acres from I-1:FP (Limited Industrial: Flood Plain) to C-2:CR:FP (General Commercial-Contract Rezone: Flood Plain)

1:30 PM Presentation, Discussion, and Approval of the Mendocino County Lodging Business Improvement District (BID) Annual Report; Adoption of Resolution Declaring the Intention of the Mendocino County Board of Supervisors to Levy and Collect an Assessment from Lodging Businesses in the BID (Within the Boundaries of the Unincorporated Portion of the County of Mendocino and the Incorporated Area of the City of Fort Bragg, the City of Point Arena, the City of Ukiah, and the City of Willits); Fixing the Date, Time, and Place of a Public Hearing to be Held in Front of the Board to Levy the Proposed Assessment for Fiscal Year 2015-2016          

 

TIMED ITEMS

EN SESSION

1.        OPEN SESSION (9:00 A.M.)                                                                                                                                            

(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 Designating May 10 Through May 16, 2015, National Peace Officers' Memorial Week and May 15, 2015 as Peace Officers' Memorial Day in Mendocino County, in Honor of the Peace Officers of the Mendocino County Sheriff’s Office (Sponsor: Sheriff's Office)

(b)        Adoption of Proclamation for “CalFresh Awareness Month” for May 2015 in Mendocino County (Sponsor: Health and Human Services Agency)

(c)         Adoption of Proclamation Recognizing May 6-12, 2015 as “National Nurses Week” in Mendocino County (Sponsor: Health and Human Services Agency)

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 directions to staff on matters of legislation.

AGRICULTURE

(c)         Informational Presentation on the Options or Alternatives that the County May Wish to Consider in Lieu of, or in Conjunction with, the Current Integrated Wildlife Damage Management Program

HUMAN RESOURCES

(d)        Adoption of Resolution Approving the Memorandum of Understanding Between the County of Mendocino and the Mendocino County Deputy Sheriff’s Association for the Term of July 1, 2014 through June 30, 2017; and Approval of Associated Sideletter of Agreement

PLANNING AND BUILDING SERVICES

(e)         Noticed Public Hearing – Possible Adoption of Ordinance to Rezone (#R 2014-0004) Two (2) Parcels, APN’s 002-050-16 & 17 Located in Ukiah, Totaling 4.13± Acres, from I-1:FP (Limited Industrial: Flood Plain) to R-3:CR:FP (Multi-Family Residential-Contract Rezone: Flood Plain), and Six (6) Parcels, APN’s 002-010-10, 002-020-05, 002-040-40, 41, 002-050-14 and 15 Located in Ukiah, Totaling 20.0± Acres from I-1:FP (Limited Industrial: Flood Plain) to C-2:CR:FP (General Commercial-Contract Rezone: Flood Plain)

(f)          Presentation, Discussion, and Approval of the Mendocino County Lodging Business Improvement District (BID) Annual Report; Adoption of Resolution Declaring the Intention of the Mendocino County Board of Supervisors to Levy and Collect an Assessment from Lodging Businesses in the BID (Within the Boundaries of the Unincorporated Portion of the County of Mendocino and the Incorporated Area of the City of Fort Bragg, the City of Point Arena, the City of Ukiah, and the City of Willits); Fixing the Date, Time, and Place of a Public Hearing to be Held in Front of the Board to Levy the Proposed Assessment for Fiscal Year 2015-2016

(g)        Informational Update on the Status of the Mendocino Town Local Coastal Plan Amendment (LCPA) and Possible Direction or Consideration of Coastal Commission Comments Regarding the Submitted Mendocino Town LCPA

TRANSPORTATION

(h)        Transportation Director's Report

6.       BOARD OF SUPERVISORS AND MISCELLANEOUS                                                                                     

(a)        Supervisors' Reports Regarding Board Special Assignments, Standing and Ad Hoc Committee Meetings, and Other Items of General Interest

(b)        Report Out of the Ad Hoc Committee on the Potential Economic Impacts of Marijuana Legalization in Mendocino County Including Discussion and Possible Adoption of the North Coast Counties Marijuana Policy Statement

(c)         Presentation and 2014-2015 Annual Report of the Juvenile Justice and Delinquency Prevention Commission (JJDPC) (Sponsor: Supervisor Brown)

(d)        Introduction and Waive Reading of an Ordinance Amending Chapter 5.140 of Title 5 of the Mendocino County Code Entitled “The Mendocino County Lodging Business Improvement District” (Sponsors: Supervisors McCowen and Gjerde and County Counsel)

(e)         Discussion and Possible Adoption of a Resolution Opposing the Use of Pesticides by Caltrans in the Little Lake Valley Mitigation Areas (Sponsor: Supervisor Woodhouse)

(f)          Discussion and Possible Direction Regarding the Formation of a Working Group to Review Existing Fire Suppression Protocols and Funding of an Independent Study to Assess Fire Hazards Associated with Intentionally Killed Trees Left Standing on Commercial Timber Land (Sponsor: Supervisor Woodhouse)

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.

MENDOCINO COUNTY AIR QUALITY MANAGEMENT DISTRICT

(a)        Presentation and Request for Approval of the Proposed Dust Mitigation Grant Program Project Eligibility List and Authorization to Fund Projects as Proposed and Enter into a Contractual Agreement with Each of the Applicants that Outlines the Requirements Associated with These Funds

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.

(a)        In the matter of Agenda Item 6(d), revisions were made to the item title, recommended action, and all supporting documents.

(b)        In the matter of Agenda Item 6(f), revisions were made to the item sponsor and recommended action.

9.       CLOSED SESSION                                                                                                                                                              

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, Randy Parent, Heidi Dunham, Alan Flora, Cherie Johnson, and Donna Williamson; Employee Organization(s): All

(b)        Pursuant to Government Code Section 54957 – Public Employee Performance Evaluation – Air Pollution Control Officer

(c)         Pursuant to Government Code Section 54956.9(a) – Conference with Legal Counsel – Existing Litigation: Tergis and Ninaud v. County of Mendocino. Mendocino County Superior Court Case No. SCUK CVPT 15-65536

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 Findings regarding the Livermore tarplant (Deinandra bacigalupii) to be published in California Regulatory Notice Register on April 24, 2015; for more information please contact Sheri Tiemann at (916) 653-5040 or via email at fgc@fgc.ca.gov.

(b)         State Water Resource Control Board - Agenda for May 5-6, 2015 Board Meeting to be held on Wednesday, May 6, 2015 at 9:00 am in the Byron Sher Auditorium, Cal/EPA Headquarters Building, 1001 “I” Street, Sacramento; for more information please contact Claire Waggoner at (916) 341-5582 or via email at Claire.Waggoner@waterboards.ca.gov.

(c)          State Water Resource Control Board – Notice of Documentation from Division of Water Rights regarding documentation on riparian and pre-1914 water rights data; for more information please visit the Water Rights file Room, 2nd Floor, Cal/EPA Building, 1001 I Street, Sacramento, CA.

(d)         State Water Resource Control Board – Notice of unavailability of water and need for immediate curtailment for those diverting water under a post-1914 water right in the San Joaquin River Watershed and those with a junior priority class right in the Scott River Watershed subject to Decree No. 30662; for more information please visit the website at www.waterboards.ca.gov/waterrights/water_issues/programs/drought/water_availability.shtml.

(e)          North Coast Regional Water Quality Control Board – Notice of Meeting to take place on May 7, 2015 at 9:00 A.M. in the Wharfinger Building, No. 1 Marina Way, Eureka, CA; for more information please contact Ms. Patti Corsie at (707) 576-2307 or via email at patti.corsie@waterboards.ca.gov.

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 Angelique Clayton

(b)        Claim of James D. Hoffman

Items Recommended for Approval:

MINUTES

(c)         April 21, 2015 Regular Board Meeting

APPOINTMENTS

(d)        Approval of Recommended Appointments/Reappointments

BOARD OF SUPERVISORS

(e)         Adoption of Resolution Requesting Permission from California Highway Patrol (CHP) for the “Covelo Future Farmers of America (FFA) Field Day Parade” to be Held in Covelo, California, on Saturday, May 9, 2014, on State Route 162 (Sponsor: Supervisor Woodhouse)

EXECUTIVE OFFICE

(f)          Acceptance of Third Quarter Budget Report on the Status of County Departmental Budgets for FY 2014-2015

(g)        Approval Letter of Support for Senate Bill 593 (McGuire) – Residential Units for Tourist or Transient Use: Hosting Platforms

HEALTH AND HUMAN SERVICES AGENCY

(h)        Approval of Memorandums of Understanding (MOU) with Anderson Valley Ambulance Service, Covelo Ambulance and Long Valley Fire Department and Ambulance in the Amount of $60,000 Each for a Total Cost of $180,000 to Enhance and/or Sustain Existing Ground Ambulance Services

(i)          Authorization to Apply for Funds Through California Department of Public Health (CDPH), Emergency Preparedness Office (EPO) to Support Local Public Health Preparedness to Respond to Potential Ebola Virus Disease (EBV), Ratify Submission of Ebola Supplemental Fund Application and by Attached Resolution Authorize Health & Human Services Agency (HHSA) Director to Sign any Subsequent Contracts if Funding is Awarded

PLANNING AND BUILDING SERVICES

(j)          Adoption of Resolution of the Mendocino County Board of Supervisors Authorizing the Processing of a Consolidated Coastal Development Permit by the California Coastal Commission, for Barbara Hurst, James Hurst, and Pacific Rim Real Estate, for a Boundary Line Adjustment (CDB 2014-0029) Between two Legal Parcels (APN 018-140-39 and APN 018-140-59) in Noyo Harbor

(k)        Adoption of Resolution of the Mendocino County Board of Supervisors Authorizing the Processing of a Consolidated Coastal Development Permit for the California Ocean Protection Council to Install Twenty (20) Educational and Interpretive Marine Protected Areas Signage at Various Locations Throughout the Mendocino County Coastal Zone

(l)          Approval of Amendment No. 1 to Board of Supervisors (BOS) Agreement No. 14-028 with Mendocino Private Industry Council (MPIC) Increasing the Dollar Amount by $91,812 for a New Total Amount of $789,676 to Provide Workforce Investment Act (WIA) Program Services Delivery in Fiscal Year 2014-2015

SHERIFF-CORONER

(m)      Approval of Amendment to Board of Supervisors (BOS) Agreement No. 11-059 with California Forensic Medical Group to Extend the Termination Date Through June 30, 2017 for Medical and Mental Health Services for Inmates Housed in the Mendocino County Jail

(n)        Approval of Amendment to Board of Supervisors (BOS) Agreement No. 11-059 with California Forensic Medical Group to Increase Agreement Amount by $46,530 for a Behavioral Health Case Manager

(o)        Approval of a Budget Transfer in the Amount of $22,500 to Cover the Cost of a Cellebrite & Dell Computer and Add the Items to the County's List of Approved Fixed Assets

(p)        Approval of a Budget Transfer From Restitution Funds to the Sheriff's Office Budget in the Amount of $82,000 to Cover the Cost for Travel to Washington DC to Attend the National Police Week Memorial

(q)        Approval of a Budget Transfer from Restitution Funds to the Sheriff's Office Budget in the Amount of $90,000 to Purchase Furniture for the Willits Substation and Tasers for Patrol

(r)         Approval to Amend a Contract, Board of Supervisors Agreement No. 13-013, Between The Mendocino County Sheriff's Office to Provide One Corrections Deputy as a Crew Supervisor and a Crew of Inmates to Perform Roadside Maintenance And Repair Work as Specified by Caltrans and Caltrans to Extend the Contract End Date from May 31, 2015 to May 31, 2016

TRANSPORTATION

(s)         Adoption of Resolution Authorizing Department of Transportation (DOT) to Award, for an Amount Greater Than Previously Authorized, DOT Contract No. 150023 to Perform a 2015 Asphalt Concrete (A.C.) Overlay on Various County Maintained Roads (Willits and Fort Bragg Areas)

(t)          Adoption of Resolution Authorizing Department of Transportation (DOT) to Award, for an Amount Greater Than Previously Authorized,  DOT Contract No. 150024 to Perform a 2015 Cape Seal on Old River Road (CR 201) M.P. 0.00 to M.P. 6.81, and Mill Creek Road (CR 203) M.P. 0.00 to 0.90 (Hopland and Ukiah Areas)

TREASURER-TAX COLLECTOR

(u)        Acceptance of the March 31, 2015 Report of Mendocino County Pooled Investments

Board of Supervisors Concurrent Boards

MENDOCINO COUNTY AIR QUALITY MANAGEMENT DISTRICT.

MENDOCINO COUNTY LIBRARY DISTRICT.

MENDOCINO COUNTY PUBLIC FACILITIES CORPORATION.

MENDOCINO COUNTY WATER AGENCY.                       

BOARD OF SUPERVISORS ACTING AS THE GOVERNING BOARD OF THE SUCCESSOR AGENCY FOR THE REDEVELOPMENT AGENCY OF THE COUNTY OF MENDOCINO.

 

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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: http://www.co.mendocino.ca.us/bos/meetings/PublishedMeetings.htm under the "Live Video" tab, or visit the County's YouTube channel. For technical assistance, please contact the Executive Office at (707) 463-4441.

·         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