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

November 15, 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 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 - Approval of the Air Quality Management District's Request to Expend Funds from the District's AB 923 Motor Vehicle Program Fund Balance for School Bus Replacement and Authorization for the District to Enter into a Contractual Agreement with Each of the Applicants that Outlines the Requirements Associated with these Funds (See Item No. 10a)

10:30 a.m.:    Chief Executive Officer's Report (See Item No. 6a)

11:00 a.m.:    Update on Status of Retiree Health Plan and Discussion and Possible Action on Association of Mendocino County Retired Employees (AMCRE) Request to Further Evaluate Options for Providing Health Care for Qualifying  Non-Medicare Eligible Retirees Including Blending Into the Active Employee Health Plan (See Item No. 7a)

1:30 p.m.:      Noticed Public Hearing - Appeal of Planning Commission Decision on July 21, 2011, Approving Use Permit Renewal 49-1985/2009 and Use Permit No. U 15-2009; David and Kathryn Lowe for North American Organics (Owner/Applicants); Pamela Ricetti (Appellant); Location: Held Road (Redwood Valley Area) (See Item No. 7b)

OPEN SESSION

1.     Open Session                                                                                                     

(a)         Roll Call

(b)        Pledge of Allegiance

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 County 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                                                                             

(a)        October 18, 2011, Board Meeting (Continued from October 25, 2011)

Recommended Action/Motion: That the Board of Supervisors approve the minutes of October 18, 2011.

(b)        November 1, 2011, Board Meeting

Recommended Action/Motion: That the Board of Supervisors approve the minutes of November 1, 2011.

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.

See section at the end of this document for the full listing of Consent items

COUNTY EXECUTIVE OFFICE

6.   County Executive Office                                                                  

(a)        Chief Executive Officer's Report

Recommended Action/Motion: That the Board of Supervisors 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 takes action and/or provides direction to staff regarding matters of legislation.

(c)         Discussion and Possible Action Regarding the 1st Quarter Budget Report on the Status of County Departmental Budgets for Fiscal Year 2011-2012, Including Discussion and Possible Action on Recommendations Related to County Policy 38, and Recommendations on  Budgetary Adjustments

Recommended Action/Motion: It is recommended that the Board of Supervisors approve the 1st Quarter Report on the status of departmental spending on personnel line items for Fiscal Year 2011-2012 and approve recommended actions including; approval of amendments to Policy 38; and a 4/5th vote for recommended budget adjustments.

(d)        Discussion and Possible Action Regarding Approval of a Work Plan for Development of the Central Coast Transfer Station

Recommended Action/Motion: Approve Central Coast Transfer Station Work Plan and authorize Solid Waste Director to implement in cooperation with City of Fort Bragg and Caspar Joint Coordinating Committee.

(e)         Discussion and Possible Action Regarding Approval of First Amendment to Caspar Transfer Station Operations Agreement & Lease [BOS No. 11-008] to Cause Recycling Commodity Value Credit to be Allocated Exclusively Against Gate Fee for Recyclable Yard Waste, Wood, and Metal

Recommended Action/Motion: Approve first amendment to Caspar contract (BOS No. 11-008).

DEPARTMENTAL MATTERS AND REPORTS

7.     Departmental Matters and Reports                                 

(a)        Update on Status of Retiree Health Plan and Discussion and Possible Action on Association of Mendocino County Retired Employees (AMCRE) Request to Further Evaluate Options for Providing Health Care for Qualifying Non-Medicare Eligible Retirees Including Blending  Into the Active Employee Health Plan (Sponsor: Human Resources)

Recommended Action/Motion: 1) Receive update on status of Non-Medicare Eligible Retiree Health Plan; 2) Direct staff to discontinue Non-Medicare Eligible Retiree Health Plan effective upon 90 day notice.

(b)        Discussion and Possible Action on Appeal of Planning Commission Decision to Approve Use Permit Renewal 49-1985/2009 and Use Permit No. U 15-2009 (Owner: David and Kathryn Lowe; Applicant: Kathryn Lowe for North American Organics; Appellant: Pamela Ricetti; Location: Held Road, Redwood Valley Area) (Sponsor: Planning and Building Services)

Recommended Action/Motion: The Board of Supervisors upholds the Planning Commission's decision and approves Use Permit Renewal #UR 49-1985/2009 and Use Permit No. U 15-2009 making the following findings:

Environmental Finding: That mitigation measures required for the project will reduce potentially significant impacts to a less than significant level and that a Mitigated Negative Declaration be adopted.

General Plan Consistency Finding:  The project is consistent with the applicable goals and policies of the Mendocino County General Plan.

(c)         Presentation and Request for Approval of the 2011-12 Community Corrections Partnership AB109 Criminal Justice Realignment Expenditure Plan (Sponsor: Probation)

Recommended Action/Motion: Approve the 2011-12 Community Corrections Partnership AB109 Criminal Justice Realignment Expenditure Plan.

BOARD OF SUPERVISORS

8.    Board of Supervisors                                                                           

(a)        Supervisors' Reports

(b)        Report from Mendocino County Employee's Retirement Board Meeting - November 9, 2011 (Sponsor: Supervisor Smith)

Recommended Action/Motion: That the Board of Supervisors accept the report from the Mendocino County Employee's Retirement Board November 9, 2011, meeting.

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.         

MENDOCINO COUNTY AIR QUALITY MANAGEMENT DISTRICT

(a)        Approval of the Air Quality Management District's Request to Expend Funds from the District's AB 923 Motor Vehicle Program Fund Balance for School Bus Replacement and Authorization for the District to Enter into a Contractual Agreement with Each of the Applicants that Outlines the Requirements Associated with these Funds

Recommended Action/Motion: Approve expenditure of AB 923 Motor Vehicle Funds as outlined in Table 2, authorize the District to enter into a contractual agreement with each of the applicants and, authorize the appropriation of AB 923 funds from the District's Fund Balance to cover the cost of each approved project.

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

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 54956.9b(3)(A) - Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to Litigation - One Case (Continued from 11/8/11)

(d)        Pursuant to Government Code Section 54956.9 - Conference with Legal Counsel - Existing Litigation:  County of Mendocino v. SEIU, Mendocino County Superior Court Case No. SF-CO-263-M

(e)         Pursuant to Government Code Section 54956.9 - Conference with Legal Counsel - Existing Litigation:  SEIU v. County of Mendocino, Mendocino County Superior Court Case No. SF-CE-834-M (Continued from 11/8/11)

(f)          Pursuant to Government Code Section 54956.9(a) - Conference with Legal Counsel - Existing Litigation:  Regents of the University of California v. Mendocino County, Mendocino County Superior Court Case No. CPF-09-509289

(g)        Pursuant to Government Code Section 54956.9(c) - Conference with Legal Counsel - Initiation of Litigation:  One Case (Light v. California State Water Resources Control Board) (Continued from 11/8/11)

(h)        Pursuant to Government Code Section 54956.9(c) - Conference with Legal Counsel - Initiation of Litigation:  One Case

(i)          Pursuant to Government Code Section 54957 - Public Employee Appointment - Agriculture Commissioner

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)         Protest of Non-Renewal of Agriculture Preserve Contract - Owner: Maria Mangini for Black Oak Ranch

CONSENT CALENDAR ITEM DETAIL

 

5.   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 Approval:

HEALTH AND HUMAN SERVICES AGENCY

(a)        Approval of Agreement with Ukiah Community Center, Inc. in the Amount of $51,414 to Provide Intensive Case Management for Clients Enrolled in the Access to Treatment and Housing Opportunities in the AT HOME Program in FY 2011/12

Recommended Action/Motion: Approve and authorize the Board Chair to sign agreement with Ukiah Community Center, Inc. in the amount of $51,414 to provide intensive case management for clients enrolled in the access to treatment and housing opportunities in the AT HOME program in fiscal year 2011-12; and authorize the HHSA Director to sign any future amendments to the agreement that do no affect the annual maximum amount.

(b)        Approval of Amendment to BOS Agreement No. 10-193 with Ukiah Community Center, Inc. Increasing the Wraparound Services Case Management Allocation by $5,117

Recommended Action/Motion: Approve and authorize the Board Chair to sign amendment to BOS Agreement No. 10-193 with Ukiah Community Center, Inc. increasing the Wraparound Services case management allocation by $5,117; and authorize the HHSA Director to sign any future amendments to the agreement that do not affect the annual maximum amount.

SHERIFF-CORONER

(c)         Approval of a Five-Year Revenue Contract Between Sheriff's Office and Legacy Inmate Communications; and Authorization for the Sheriff to Sign the Additional Three One-Year Extensions

Recommended Action/Motion: Approve a five-year revenue contract between Sheriff's Office and Legacy Inmate Communications, and authorize the Chair to sign. In addition, authorize the Sheriff to sign the additional three one-year extensions.

TRANSPORTATION

(d)        Adoption of Resolution Approving Parcel Map for Minor Subdivision No. MS 10-2007 (Prather) and Accepting on Behalf of the Public Parcel A, as Designated on Said Map for the Purposes Specified Thereon, Located in Covelo, Lying West of Henderson Lane, CR 337N, Just North of Its Intersection with Howard Street, CR 334D (Covelo Area)

Recommended Action/Motion: By Resolution, approve the Parcel Map for Minor Subdivision No. MS 10-2007 (Prather) authorize the Clerk of the Board to sign said Parcel Map authorizing its filing, and accepting on behalf of the public, Parcel A as designated on the map for the purposes specified thereon. Direct the Clerk of the Board to deliver the Parcel Map to the Recorder for processing and recording.

TREASURER-TAX COLLECTOR

(e)         Approval of Transfer of Appropriations from Interest Pool (2410-760524) to Fixed Assets (1130-864370) in the Amount of $49,998.69 in Order to Purchase Remittance Processing System from RT Lawrence Corporation

Recommended Action/Motion: Approve request to transfer appropriations from Interest Pool (2410-760524) to Fixed Assets (1130-864370) in the amount of $49,998.69 in order to purchase remittance processing system from RT Lawrence Corporation.

Board of Supervisors Concurrent Boards

           

           

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.

 

MENDOCINO COUNTY AIR QUALITY MANAGEMENT DISTRICT.

Mendocino County Air Quality Management District

(f)          Approval of the Air Quality Management District's Request to Purchase a New Hybrid Vehicle and Authorization for the Appropriation of Funds from the District's Fund Balance to Cover the Cost of the Purchase

Recommended Action/Motion: Approve the Air Quality Management District's request to purchase a new hybrid vehicle and authorize the transfer of up to $46,000.00 from the District's Fund Balance to cover the cost of the purchase.

(g)        Authorization for the District to Modify the Motor Vehicle Program Grant Contract with Department of Transportation for the Calpella Elementary School to Include Project Planning

Recommended Action/Motion: Approve the District's request to modify the Motor Vehicle Program Grant Contract with DOT for the Calpella Elementary School Project to include project planning and request the Clerk of the Board to provide a Minute Order to the District of the Board's decision.

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 at (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