Carre Brown

1st District Supervisor

John McCowen

2nd District Supervisor

Vice-Chair

John Pinches

3rd District Supervisor

Kendall Smith

4th District Supervisor

Chair

DAN HAMBURG

5th District Supervisor

 

 

 

 

CARMEL J. ANGELO

Chief Executive Officer/

Clerk of the Board

 

 

 

 

Jeanine b. nadel

County Counsel

 

 

 

 

county administration center

501 Low Gap Road, Room 1010

Ukiah, CA  95482

(707) 463-4441

Fax (707) 463-5649

cob@co.mendocino.ca.us

 

 

 

Mendocino County Board of Supervisors

 

Agenda

 

Regular Meeting

October 4, 2011 – 9:00 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 an original and 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 turned off upon entering the Board Chambers.

 

 

 

TIMED ITEMS

 

      Timed Items                                                                                                       

        Please note that all times provided are considered approximate.

10:00 a.m.:    Noticed Public Hearing to Consider Adoption of a Negative Declaration, in Compliance with CEQA Requirements, for the Feliz Creek Dam Removal Project (Hopland Area)

                    See Item No. 7(b)

1:30 p.m.:      Presentation and Discussion of Fiscal Year 2009-2010 Outside Audit Performed by Gallina LLP

                    See Item No. 6(c)

OPEN SESSION

1.     Open Session                                                                                                      

MODIFICATIONS TO AGENDA

2.   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.

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 Administration Center, Room 1010. All meetings are tape-recorded, so speakers are reminded to announce their names as they approach the podium.

APPROVAL OF MINUTES

4.    Approval of Minutes                                                                                

CONSENT CALENDAR

5.   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.

Items Recommended for Approval:

ASSESSOR/CLERK-RECORDER

(a)         Approval of City of Point Arena Special Election, to be Held on Tuesday, January 10, 2012

Recommended Action/Motion: Approve the County Clerk/Registrar of Voters to conduct the Special Election for the City of Point Arena on Tuesday, January 10, 2012.

COUNTY COUNSEL

(b)         Adoption of an Ordinance Amending Chapter 2.08 of the Mendocino County Code Pertaining to Supervisorial Districts

Recommended Action/Motion: Adoption of an Ordinance amending Chapter 2.08 of the Mendocino County Code pertaining to Supervisorial Districts.  Provide a signed copy of the adopted ordinance to County Counsel, Planning and Building Services, and Elections Department and note maps are to be on file in the Planning Department and with the Clerk of the Board of Supervisors.

(c)         Adoption of an Ordinance Amending Chapter 16.30 of the Mendocino County Code (Stormwater Ordinance)

Recommended Action/Motion: Adopt an ordinance amending Chapter 16.30 of the Mendocino County Code.

EXECUTIVE OFFICE

(d)         Approval of Letter of Support for Reauthorization of the Secure Rural Schools and Community Self-Determination Act of 2000

Recommended Action/Motion: That the Board approve the transmittal of letters to Congressman Thompson, Senator Boxer, and Senator Feinstein urging their support for continued funding in light of the expiration of the Secure Rural Schools and Community Self-Determination Act of 2000, authorizing the Chair to sign same.

HEALTH AND HUMAN SERVICES AGENCY

(e)         Conceptual Approval to Revise the Joint Powers Agreement between Lake and Mendocino Counties as it pertains to the Administration of Planning and Service Area (PSA) 26 Area Agency on Aging (AAA)

Recommended Action/Motion: Approve and authorize the HHSA Director to notify the California Department of Aging of its intention to revise the Joint Powers Agreement, and its intention to move the Administration of Planning and Service Area 26 Area Agency on Aging from Mendocino County to Lake County.  Please provide one certified copy of the agenda summary.

(f)          Adoption of Resolution Regarding Employee Layoffs in Accordance with Civil Service Rule 6 and Applicable Provisions of the Labor Agreements with the Affected Bargaining Units

Recommended Action/Motion: Approve and authorize the Board Chair to adopt and sign the Resolution approving the recommended layoff of listed employee positions and direct staff to authorize Civil Service to develop seniority lists for affected classifications and authorize staff to meet and confer with the affected bargaining units according to Civil Service Rule 6 and applicable provisions of the labor agreements.

PLANNING AND BUILDING SERVICES

(g)         Adoption of Resolution Authorizing the Processing of a Consolidated Coastal Development Permit for the Wages Creek Campground, LLC Boundary Line Adjustment Project by the California Coastal Commission

Recommended Action/Motion: Adopt the attached Resolution to streamline the permit process by processing a consolidated Coastal Development Permit for the Wages Creek Campground Boundary Line Adjustment.

TRANSPORTATION

(h)         Adoption of Resolution Supporting the County's Application for the Regional Transportation Component of the 2012 State Transportation Improvement Program (STIP) Funding and Authorizing the Director of Transportation, or His Designee, to Process Said Application (Potter Valley Area)

Recommended Action/Motion: By Resolution, document support for County's application for STIP funding and authorize the Department of Transportation to process said applications.

(i)           Approval of Payment of Two Invoices from the City of Fort Bragg for Leachate Disposal Fees for the Caspar Landfill, One for the Period January 1, 2010 through December 31, 2010 (Fiscal Years 2009/10 and 2010/11) and One for the Period January 1, 2011 through June 30, 2011 (Fiscal Year 2010/11) (Caspar Area)

Recommended Action/Motion: By Resolution, (1) approve payment of two invoices for leachate disposal fees to the City of Fort Bragg on behalf of Caspar Landfill and (2) authorize/direct the Director of Transportation to submit two invoices for leachate disposal fees to the Auditor/Controller for payment.

COUNTY EXECUTIVE OFFICE

6.   County Executive Office                                                                   

(a)         Chief Executive Officer's Report

Recommended Action/Motion: That the Board 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: That the Board of Supervisors provide direction to staff regarding matters of legislation.

(c)         Presentation and Discussion of Fiscal Year 2009-2010 Outside Audit Performed by Gallina LLP  (Sponsor: Executive Office)

Recommended Action/Motion: Accept the presentation by Gallina LLP

(d)         Discussion and Possible Action Regarding Approval of, in Concept, the Refunding of the 2000 Certificates of Participation (COPs); with Further Direction to Staff  (Sponsor: Executive Office and Treasurer-Tax Collector)

Recommended Action/Motion: Approve in concept the refunding of the 2000 Certificates of Participation; to further be authorized so long as County achieves a minimum threshold of 3.00% of present value savings, calculated as a percentage of refunded par.

DEPARTMENTAL MATTERS AND REPORTS

7.    Departmental Matters and Reports                                      

(a)         Director's Report - Department of Transportation

Recommended Action/Motion: That the Board of Supervisors accept the report of the Transportation Director.

(b)         Public Hearing to Consider Adoption of a Negative Declaration, in Compliance with CEQA Requirements, for the Feliz Creek Dam Removal Project and if Appropriate, Approve Resolution Adopting a Negative Declaration (Hopland Area)  (Sponsor: Transportation)

Recommended Action/Motion: Conduct the Public Hearing to consider information and testimony regarding the environmental impacts of the proposed project and if supported by the presented evidence, by Resolution adopt a Negative Declaration for the project and authorize the Director of Transportation to file the applicable Notice of Determination.

BOARD OF SUPERVISORS

8.    Board of Supervisors                                                                                

(a)         Supervisors' Reports

MISCELLANEOUS

9.    Miscellaneous                                                                                               

BOARD OF DIRECTORS MATTERS

10.  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 Library District; Mendocino County Public Facilities Corporation; Mendocino County Water Agency; and the Redevelopment Agency of the County of Mendocino.          

APPOINTMENTS TO BOARDS AND COMMISSIONS

11.   Appointments to Boards and Commissions                       

The Board of Supervisors is actively seeking qualified candidates to fill various vacancies. Please consult with the Executive Office for information on specific categorical areas and District vacancies, or visit our website at:  www.co.mendocino.ca.us/bos

(a)

Air Quality Management District Hearing Board

(Various)

(10)

(b)

Alcohol and Drug Abuse Advisory Board

(Member)

(1)

(c)

Building Appeals Board

(Various)

(7)

(d)

Cemetery District of Fish Rock

(Directors)

(1)

(e)

Cemetery District of Hopland

(Director)

(1)

(f)

Cemetery District of Westport-Ten Mile

(Director)

(1)

(g)

Child Care Planning Council (CCPC)

(Discretionary Representative)

(1)

(h)

Commission on the Status of Women

(Under Review)

(12)

(i)

Grievance Appeals Committee

(Various)

(3)

(j)

Gualala Municipal Advisory Council (GMAC)

(Alternate)

(2)

(k)

Health and Human Services Agency Advisory Board (HHSA)

(Education and Community)

(7)

(l)

Indian Gaming Local Community Benefit Committee

(Under Review)

(3)

(m)

In-Home Supportive Services (IHSS) Advisory Committee

(Various)

(4)

(n)

Laytonville Area Municipal Advisory Council

(Members and Alternate)

(4)

(o)

Mendocino County Archaeological Commission

(Native American and Alternates)

(1)

(p)

Library Advisory Board

(Fort Bragg Rep. and Alternatives)

(8)

(q)

Mendocino County Business Improvement District Advisory Board

(Coastal and Inland)

(3)

(r)

Mendocino County Forest Council

(Public Members)

(4)

(s)

Mendocino County Museum Advisory Board

(3rd District)

(1)

(t)

Mendocino Historical Review Board

(Member)

(2)

(u)

Mental Health Board (MHB)

(Various)

(7)

(v)

Noyo Harbor District

(General Member Representative)

(1)

(w)

Policy Council on Children and Youth (PCCY)

(Various)

(18)

(x)

Retirement Board

(9th Member)

(1)

(y)

Workforce Investment Board

(Various)

(8)

(z)

In Lieu of Election:

(To Be Appointed Prior to November 3, 2011)

 

 

- Caspar South Water District

(Short-Term Director)

(1)

 

- Long Valley Fire Protection District

(Long-Term Director)

(1)

 

- Round Valley County Water District

(Long-Term Director)

(1)

 

CLOSED SESSION

12.   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)         Sitting as the IHSS Public Authority Governing Board: Pursuant to Government Code Section 54957.6 - Conference with Labor Negotiator - Agency Negotiators:  Carmel J. Angelo, Pat Meek, Stacey Cryer, and MaryLou Leonard; Employee Organization(s):  IHSS Providers

(b)         Pursuant to Government Code Section 54957.6 - Conference with Labor Negotiator - Agency Negotiators: Carmel J. Angelo, Pat Meek, and Rick Haeg; Employee Organization(s):  All

(c)         Pursuant to Government Code Section 54957 - Public Employee Performance Evaluation - Director of Transportation

WORKSHOP/BUDGET/PLANNING MATTERS

13.  Workshop/budget/planning matters                                                  

COMMUNICATIONS RECEIVED AND FILED

14.  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 of California Fish and Game Commission - Notice of proposed emergency regulatory action relating to the recreational take of abalone, which would prohibit the take of abalone along the coast of Sonoma County; In order to be considered, public comments on proposed emergency regulations must be submitted in writing to the Office of Administrative Law (OAL), 300 Capitol Mall, Rm. 1250, Sacramento, CA 95814; AND the Fish and Game Commission, 1416 Ninth Street, Rm. 1320, Sacramento, CA 95814, or via fax to (916) 653-5040 or via email to fgc@fgc.ca.gov; Comments must identify the emergency topic and may address the finding of emergency; Comments must be received within five calendar days of filing of the emergency regulations; Please refer to OAL's website to determine the date on which the regulations are filed with OAL - ww.oal.ca.gov.

Additional Meeting Information

 

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 (707) 357-0624

·         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