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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 HAMBURG 5th District Supervisor |
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CARMEL J. ANGELO 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
Mendocino County Board of Supervisors
Board Chambers, Room 1070, County Administration Center
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.
Please note that all times provided are considered approximate.
11:15 AM Discussion and Possible Direction Regarding Issues Related to the Toney Trust Funds Deposited Into the Mendocino County Museum Endowment Fund (See Agenda Item 8b)
1:30 PM Planning Matters (See Agenda Items 5d-5h)
(a) Adoption of Proclamation Recognizing August, 2015 as National Breastfeeding Month in Mendocino County and Presentation of the Breast Feeding Friendly Business Award (Sponsor: Health and Human Services Agency)
(b) Adoption of Proclamation Recognizing Scott Schneider for Dedicated Service to the Promotion of Tourism and Economic Development Throughout Mendocino County (Sponsor: Supervisor Brown)
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.
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
(a) Discussion and Possible Approval of the Board of Supervisors Response to the 2014-15 Grand Jury Report on Family and Children Services
Recommended Action/Motion: Approve the Board of Supervisors response to the 2014-15 Grand Jury Report on Family and Children Services; authorize Chair to sign and return original to the County Counsels office for distribution to the Grand Jury and Presiding Judge.
HEALTH AND HUMAN SERVICES AGENCY
(b) Discussion and Possible Action Regarding Presentation on the National Stepping-Up Initiative Focused on Reducing the Number of People with Mental Illnesses in Jails; and Possible Direction to Staff Regarding Funding Priorities (Sponsors: Health and Human Services Agency, Sheriff's Office, District Attorney, and Public Defender)
Recommended Action/Motion: Accept presentation on the Stepping-Up Initiative and provide further direction to staff regarding funding priorities.
(c) Introduction and Waive Reading of an Ordinance Amending Chapter 3.04 - Personnel and Salary, and Chapter 3.16 - Civil Service, of Title 3 of the Mendocino County Code
Recommended Action/Motion: Introduce and waive the reading of an Ordinance amending Chapters 3.04 - Personnel and Salary, and 3.16 - Civil Service, of Title 3 of the Mendocino County Code.
PLANNING AND BUILDING SERVICES
(d) Noticed Public Hearing - Discussion and Possible Adoption of Ordinance No. OA 2014-0003 to Amend the County Inland Zoning Code (Title 20, Division 1) to Modify the Permitting Process for Certain Types of Wireless Communication Facilities
Recommended Action/Motion: Adopt Ordinance (No. OA 2014-0003) to amend the Inland Zoning Code (Title 20, Division 1) and modify the permit process for certain types of wireless communication facilities as recommended by the Planning Commission finding that: (1) An Initial Study has been prepared for the project in accordance with the California Environmental Quality Act; and that a Negative Declaration be adopted; and (2) The proposed amendment is consistent with the applicable goals and policies of the General Plan and Ukiah Valley Area Plan; and authorize Chair to sign same.
(e) Noticed Public Hearing - Discussion and Possible Adoption of Resolution Approving the County Guidelines for the Development of Wireless Communication Facilities (Wireless Guidelines)
Recommended Action/Motion: Adopt Resolution approving the County Guidelines for the Development of Wireless Communication Facilities as recommended by the Planning Commission finding that: (1) The project is categorically exempt under Class 8 of the California Environmental Quality Act (CEQA); and, (2) That the proposed project is consistent with the applicable goals and policies of the General Plan, Local Coastal Plan, Mendocino Town Plan and Ukiah Valley Area Plan; and authorize Chair to sign same.
(f) Noticed Public Hearing - Discussion and Possible Action Related to the Mendocino County Draft Housing Element Update 2014-19 and Accompanying Negative Declaration; Including Possible Adoption of Resolution to: (1) Certify and Adopt the Negative Declaration Prepared for the Project, and (2) Approve General Plan Amendment No. GP 2014-0001 to Update the County of Mendocino 2009 General Plan with the 2014-19 Housing Element Update
Recommended Action/Motion: Adopt Resolution to: (1) Certify and adopt the Negative Declaration prepared for the project; and (2) Approve General Plan Amendment No. GP 2014-0001 to update the County of Mendocino 2009 General Plan with the 2014-19 Housing Element Update; and authorize Chair to sign same.
(g) (1) Review proposed Resolution updating policies and procedures for the establishment and management of Agricultural Preserves and Williamson Act Contracts; and (2) Introduce and waive reading of Ordinance Amendment No. OA 2014-0005 replacing Chapter 22.08 (Resource Preserves), finding the request to be consistent with the General Plan.
Recommended Action/Motion: 1) Review proposed Resolution updating Policies and Procedures for the establishment and management of Agricultural Preserves and Williamson Act Contracts, and 2) introduce and waive reading of Ordinance Amendment No. OA 2014-0005 replacing Chapter 22.08 (Resource Preserves), finding the request to be consistent with the General Plan.
(h) 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
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.
(i) Discussion and Possible Adoption of Resolution Authorizing the Mendocino County Sheriff’s Office to Submit a Proposal for Funding Through the Adult Local Criminal Justice Facilities Construction Financing Program (Senate Bill 863), to the Board of State and Community Corrections (BSCC), for Specialty Housing and Expanded Program, Training, and Healthcare Space at the County Jail
Recommended Action/Motion: Adopt Resolution authorizing the Mendocino County Sheriff’s Office to submit a proposal for funding through the Adult Local Criminal Justice Facilities Construction Financing Program (Senate Bill 863), to the Board of State and Community Corrections (BSCC), for specialty housing and expanded program, training, and healthcare space at the County Jail, and authorize Chair to sign same.
(j) 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) Discussion and Direction Regarding Potential Adoption of a Moratorium on Specified Formula Businesses in Mendocino County (Sponsors: Supervisors Brown and McCowen)
Recommended Action/Motion: Discuss and provide direction to staff regarding the potential adoption of a moratorium on specified formula businesses in Mendocino County.
(c) Discussion and Possible Adoption of Resolution Celebrating the 50th Anniversary of the Voting Rights Act of 1965 on August 6, 2015 (Sponsors: Supervisor Brown and Assessor/Clerk-Recorder)
Recommended Action/Motion: Adopt Resolution celebrating the 50th anniversary of the Voting Rights Act of 1965 on August 6, 2015, and authorize the Chair to sign same.
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) Regular Agenda - Adoption of Resolution Approving the Memorandum of Understanding Between the In-Home Supportive Services (IHSS) Public Authority Governing Board and the Service Employees International Union Local 6434 (SEIU) for the Term of November 1, 2011 through June 30, 2016 (Sponsor: Human Resources)
Recommended Action/Motion: Adopt the Resolution and approve Memorandum of Understanding between the In-Home Supportive Services (IHSS) Public Authority Governing Board and the Service Employees International Union Local 6434 for the term of November 1, 2011 through June 30, 2016; and authorize Chair to sign same.
(b) Regular Agenda - Discussion and Possible Direction Regarding Issues Related to the Toney Trust Funds Deposited Into the Mendocino County Museum Endowment Fund (Sponsors: Supervisors Brown and McCowen)
Recommended Action/Motion: Direct staff to prepare a revised resolution for future consideration that updates and clarifies the procedure by which the Mendocino County Historical Society may access proceeds of the Toney Trust held in the Mendocino County Museum Endowment Fund, further providing that the Toney Trust principal may only be disbursed in case of emergency or for specific capital projects subject to resolution of the Board of Supervisors.
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 54956.9(a) – Conference with Legal Counsel – Existing Litigation: James Neuroth and Joan C. Nygren, Individually and as Co-successors in Interest of Decedent Steven Kellogg Neuroth, v. County of Mendocino, et al. United States District Court Northern District Case No. 15-3226 NJV
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 Water Unavailability Letters Following Court Action; for more information, please visit the Drought Year Information Page on the State Water Resources Control Board website.
(b) Sonoma County Water Agency - Russian River Hydrologic Status Report (June 26 - July 9, 2015); for more information, please contact John Mendoza, P.E. at (707) 547-1929, or via email at John.Mendoza@scwa.ca.gov.
(c) Sonoma County Water Agency - Russian River Hydrologic Status Report (July 10 - July 16, 2015); for more information, please contact John Mendoza, P.E. at (707) 547-1929, or via email at John.Mendoza@scwa.ca.gov.
(d) State Water Resources Control Board - Response to May 26, 2015, Letter to Regional Water Board regarding the Caltrans Willits Bypass Project; for more information, please contact Stephen Bargsten at (707) 576-2653.
(e) Sonoma County Water Agency - Russian River Hydrologic Status Report (July 17 - July 23, 2015); for more information, please contact Antonio Facendini, EIT, at Antonio.Facendini@scwa.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:
Items Recommended for Approval:
(b) Approval of Recommended Appointments/Reappointments
Recommended Action/Motion: Approve the following appointments/reappointments:
(c) Approval of Letter Opposing Senate Bill 762 (Wolk) - Counties Competitive Bidding Best Value Pilot Program (Sponsors: Supervisor Brown and Executive Office)
Recommended Action/Motion: Approve letter of opposing SB 762 (Wolk) - Counties Competitive Bidding Best Value Pilot Program, and authorize Chair to sign same.
(d) Adoption of Resolution Superseding Resolution No. 06-138 Amending the Mendocino County Library Advisory Board and Providing for its Membership and Organization (Sponsors: Supervisors Hamburg and Woodhouse)
Recommended Action/Motion: Adopt Resolution superseding Resolution No. 06-138 amending the Mendocino County Library Advisory Board, and providing for its membership and organization; and authorize Chair to sign same.
(e) Appointment of the Assistant Chief Executive Officer as the Primary Representative and the Risk Analyst as the Alternate Representative to the California State Association of Counties (CSAC) Excess Insurance Authority Board of Directors, Effective August 14, 2015
Recommended Action/Motion: Appoint the Assistant CEO as the primary representative and the Risk Analyst as the alternate representative to the CSAC Excess Insurance Authority Board of Directors, effective August 14, 2015.
(f) Approval of Destruction of Duplicate Workers’ Compensation Files, Incident Reports and OSHA 300 Logs as Listed in the “Destruction of Duplicate Workers' Compensation Case Files, Incident Reports and OSHA Log” and Pursuant to Government Code Sections 26201 and 26202 by the County Executive Office, Risk Management Unit
Recommended Action/Motion: Approve the destruction of duplicate workers’ compensation files, incident reports and OSHA 300 logs as listed in the “Destruction of Duplicate Workers' Compensation Case Files, Incident Reports and OSHA Log” and pursuant to Government Code Sections 26201 and 26202 by the County Executive Office, Risk Management Unit.
(g) Adoption of Resolution Authorizing Capital Assets as Approved in the Fiscal Year (FY) 2015-16 Recommended Budget, Prior to the Adoption of the FY 2015-16 Final Budget
Recommended Action/Motion: Adopt the Resolution authorizing capital assets as approved in the FY 2015-16 Recommended Budget, prior to the adoption of the FY 2015-16 Final Budget, and authorize Chair to sign same.
HEALTH AND HUMAN SERVICES AGENCY
(h) Approval of Agreement with Ukiah Senior Center, Inc. in the Amount of $57,300 to Provide Senior Health and Welfare Outreach, Information Referral, and Financial Management in the Fiscal Year 2015-16
Recommended Action/Motion: Approve and authorize the Chair to sign Agreement with Ukiah Senior Center, Inc. in the amount of $57,300 to provide senior health, welfare outreach, information referral, and financial management in Fiscal Year 2015-16; and authorize the Health and Human Services Agency Director to sign any future amendments to the Agreement that do not affect the annual maximum amount.
(i) Approval of Agreement with Chabot-Las Positas Community College District (Dublin, CA) for $765,811 to Provide Evidence-Based Training for Foster Care Providers, Group Home Staff and County Staff Serving Mendocino County's Federal Title IV-E Eligible Children in Fiscal Year (FY) 2015-16
Recommended Action/Motion: Approve and authorize the Chair to sign Agreement with Chabot-Las Positas Community College District (Dublin, CA) for $765,811 to provide evidence-based training for foster care providers, group home staff and County staff serving Mendocino County's Federal Title IV-E eligible children in FY 2015-16; and authorize the Health and Human Services Agency Director to sign any future amendments to the Agreement that do not increase the maximum allowable amount.
(j) Adoption of Resolution Authorizing Changes to the Position Allocation Table as Follows: Department of Transportation; Budget Unit 3010; Delete One (1) FTE Senior Engineering Technician; Add One (1) FTE Engineer II, Budget Unit 1910; Delete One (1) FTE Senior Engineering Technician; Add One (1) FTE Engineer II
Recommended Action/Motion: Adopt the Resolution authorizing changes to the Position Allocation Table as follows: Department of Transportation; Budget Unit 3010; delete one (1) FTE Senior Engineering Technician; add one (1) FTE Engineer II, Budget Unit 1910; delete one (1) FTE Senior Engineering Technician; add one (1) FTE Engineer II, and authorize Chair to sign same.
(k) Adoption of Resolution Authorizing Changes to the Position Allocation Table as Follows: Health and Human Services Agency, Budget Unit 5010; Delete One (1) FTE Eligibility Worker III; Add One (1) FTE Staff Services Analyst II
Recommended Action/Motion: Adopt the Resolution authorizing changes to the Position Allocation Table as follows: Budget Unit 5010; delete one (1) FTE Eligibility Worker III, add one (1) FTE Staff Services Analyst II, and authorize Chair to sign same.
PLANNING AND BUILDING SERVICES
(l) Authorization of Issuance of Administrative Coastal Development Permit No. CDP 2014-0037 (Genn) to Convert the Existing Unpermitted Single Family Residence to a Guest Cottage with Associated Improvements Located in the Coastal Zone on the East Side of North Highway 1, 1 Mile South of its Intersection with Caspar Little Lake Road (CR 409), at 13431 North Highway 1, Mendocino; APN 118-170-09, as approved by the Coastal Permit Administrator.
Recommended Action/Motion: Authorize the issuance of Coastal Development Permit No. CDP 2014-0037 (Genn) to convert the existing unpermitted single family residence to a guest cottage with associated improvements, located in the Coastal Zone on the East Side of North Highway 1, 1 Mile South of its intersection with Caspar Little Lake Road (CR 409), at 13431 North Highway 1, Mendocino; APN 118-170-09, as approved by the Coastal Permit Administrator.
(m) Adoption of Resolution Approving Department of Transportation (DOT) Agreements (for a Total Amount of $30,400), 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 (for a total amount of $30,400), 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, and authorize Chair to sign same.
(n) Adoption of Resolution Approving Amendment No. 9 to Board of Supervisors (BOS) Agreement No. 02-269/Department of Transportation (DOT) Agreement No. 990106 (Rev 1), for Construction Support Services with Quincy Engineering, Inc., for a Total Amount of $29,900, for the School Way Bridge Replacement over Russian River at School Way, CR 236 (Redwood Valley Area)
Recommended Action/Motion: Adopt the Resolution approving Amendment No. 9 to BOS Agreement No. 02-269/DOT Agreement No. 990106 (Rev 1), for Construction Support Services with Quincy Engineering, Inc., for a total amount of $29,900, for the School Way Bridge Replacement over Russian River at School Way, CR 236, and authorize Chair to sign same.
(o) Approval of Outdoor Festival Application and Authorization for Treasurer-Tax Collector to Issue License for the Enchanted Forest Festival, to be Held August 13-16, 2015, in Laytonville
Recommended Action/Motion: Approve the Outdoor Festival Application for the Enchanted Forest Festival to be held August 13-16, 2015, in Laytonville, and authorize the Treasurer-Tax Collector to issue the Outdoor Festival License.
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
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