Carre Brown

1st District Supervisor

John McCowen

2nd District Supervisor

Chair

John Pinches

3rd District Supervisor

Kendall Smith

4th District Supervisor

DAN HAMBURG

5th District Supervisor

Vice-Chair

 

 

 

 

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

March 13, 2012 – 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 silenced upon entering the Board Chambers.

 

 

 

 

TIMED ITEMS

Timed Items                                                                                                                                                                               

Please note that all times provided are considered approximate.

9:30 a.m.:   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 2012-2013 (See Item No. 5c)

10:00 a.m.:      Noticed Public Hearing - Discussion and Possible Action Regarding Receipt of Sealed and/or Oral Bids Pertaining to the Sale of Real Property, Generally Described as APNs: 048-230-10-00, 095-100-14-00, and 167-320-18-00 (See Item No. 5f)

OPEN SESSION

1.     Open Session                                                                                                                                                                      

(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)         None.

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

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

(c)         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 2012-2013

Recommended Action/Motion: Approve the Mendocino County Lodging Business Improvement District (BID) Annual Report; adopt 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 2012-2013.

(d)        Appointment of Three Elected Representatives from the Cities of Point Arena and Willits to the Indian Gaming Local Community Benefit Committee

Recommended Action/Motion: That the Board appoints councilmembers __________________, _________________ and __________________ as elected members to the Mendocino County Indian Gaming Local Community Benefit Committee.

(e)        Acting Concurrently as the Board of Supervisors and the Public Facilities Corporation Board of Directors: Discussion and Possible Action Regarding the Refunding of the 2000 and 2001 Certificates of Participation (COP) Debt, Receiving an Updated Strategy to Move Forward, Further Establishing a Minimum Savings Threshold, Further Adoption of Related County Resolutions, and Further, Acting as the Board of Supervisors, Approval of Amendments Adjusting the Terms of BOS Agreements Numbered 11-066 and 11-067 Pertaining to KNN Public Finance and Hawkins Delafield & Wood LLP to Adjust Compensation for the Inclusion of the 2001 COPs (Sponsors: Executive Office, Treasurer-Tax Collector, and Auditor-Controller)

Recommended Action/Motion: It is recommended that the Board of Supervisors/Public Facilities Corporation Board of Directors accept the updated strategy to move forward on refunding the County's 2000 and 2001 COP debt, establishing a minimum savings threshold of 5.0% (or present value savings no less than $1,218,528), adopting Resolutions on this topic, and further, the Board of Supervisors approve amendments to Board Agreements 11-066 and 11-067.

GENERAL SERVICES AGENCY

(f)          Noticed Public Hearing - Discussion and Possible Action Regarding Receipt of Sealed and/or Oral Bids Pertaining to the Sale of Real Property, Generally Described as APNs: 048-230-10-00, 095-100-14-00, and 167-320-18-00

Recommended Action/Motion: The Board of Supervisors hereby receives sealed and/or oral bids for the sale of real property, generally described as APNs: 048-230-10-00, 095-100-14-00, and 167-320-18-00, and takes action as appropriate.

TRANSPORTATION

(g)        Director's Report

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

BOARD OF SUPERVISORS AND MISCELLANEOUS

6.    Board of Supervisors And Miscellaneous                                                                                            

(a)         Supervisors' Reports

(b)        Discussion and Direction to Staff Regarding Waiver of Building Fees for Projects that Meet Defined Job Creation Criteria (Sponsors: Supervisors Brown and McCowen)

Recommended Action/Motion: Direct staff to research and return with recommendations for full or partial waiver of building fees for projects that meet defined job creation criteria.

BOARD OF DIRECTORS MATTERS

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 Library District; Mendocino County Public Facilities Corporation; Mendocino County Water Agency; and the Board of Supervisors Acting as the Governing Board of the Successor Agency for the Redevelopment Agency of the County of Mendocino.           

MENDOCINO COUNTY PUBLIC FACILITIES CORPORATION

(a)         See Agenda Item No. 5(e)

MODIFICATIONS TO AGENDA

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)         Discussion and Possible Action Regarding Congressman Thompson's Request for Project Funding Priorities for Federal Fiscal Year 2013

Recommended Action/Motion: That the Board appoint a Board representative to work with the Executive Office to prepare Mendocino County's funding request, for execution by the Board Chair, and transmittal to Congressman Thompson by March 15, 2012.

CLOSED SESSION

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, Pat Meek, and Rick Haeg; Employee Organization(s):  All

(b)        Pursuant to Government Code Section 54956.9(c) - Conference with Legal Counsel - Initiation of Litigation: Joinder in County of Colusa, et al. v. Toby Douglas, et al., Superior Court of Sacramento County Case No. 2012-80001053

COMMUNICATIONS RECEIVED AND FILED

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.

CONSENT CALENDAR ITEM DETAIL

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:

CLAIMS AGAINST THE COUNTY

(a)         Claim of Melinda Leung

Items Recommended for Approval:

MINUTES

(b)        Minutes of the February 27, 2012, Regular Board Meeting

(c)         Minutes of the February 28, 2012, Regular Board Meeting

APPOINTMENTS

(d)        Approval of Recommended Appointments/Reappointments

Recommended Action/Motion: That the Board of Supervisors approves the following appointments/reappointments:

(e)        Approval of Appointment of Tom Pinizzotto as Local Director of Mental Health Services per W&I Code 5607 (Sponsor: Health and Human Services Agency)

Recommended Action/Motion: Approval of appointment of Tom Pinizzotto as the local Director of Mental Health Services per W&I Code 5607.

ASSESSOR/CLERK-RECORDER

(f)          Approval of Consolidation of a Special District Election for the Brooktrails Township Community Service District with the Direct Primary Election to be held June 5, 2012

Recommended Action/Motion: Approve the County Clerk to consolidate the Brooktrails Township Community Service Special District Election with the Direct Primary Election to be held on June 5, 2012.

BOARD OF SUPERVISORS

(g)        Approval of Letter of Support for the Inclusion of the Sonoma Marin Area Rail Transit (SMART) Cloverdale Extension in the Metropolitan Transportation Commission's (MTC) Long Range Transportation Plan (Sponsor: Supervisor McCowen)

Recommended Action/Motion: That the Board of Supervisors approves the transmittal of support letter to Metropolitan Transportation Commission; and authorizing the Chair to sign the same.

HEALTH AND HUMAN SERVICES AGENCY

(h)        Approval of Amended Joint Powers Agreement Between the Counties of Lake and Mendocino Area Agency on Aging for Planning and Service Area 26 to Transfer the Administration of the AAA from Mendocino County, Health & Human Services Agency (HHSA), Adult Services to Lake County Adult Services

Recommended Action/Motion: Approve and authorize the Board Chair to sign the amended joint powers agreement between the counties of Lake and Mendocino Area Agency on Aging for Planning and Service Area 26 to transfer the administration of the AAA from Mendocino County, Health & Human Services Agency, Adult Services to Lake County Adult Services.

(i)          Approval of Amendment to BOS Agreement No. 11-119 with FamiliesFirst, Inc. (Davis, CA) Increasing Agreement Amount by $50,000 for a New Total Agreement Amount of $150,000 to Provide Mental Health Services for Children of Mendocino County in Fiscal Year 2011/2012

Recommended Action/Motion: Approve and authorize the Board Chair to sign amendment to BOS agreement No. 11-119 with FamiliesFirst, Inc., increasing agreement amount by $50,000 for a new total agreement amount of $150,000 to provide mental health services for children of Mendocino County in fiscal year 2011/2012; and authorize the HHSA Director to sign any future amendments to the agreement that do not increase the annual maximum amount.

(j)          Approval of the 2010-2011 Annual Comprehensive Economic Development Strategy (CEDS) Report as Required by the Economic Development Administration (EDA)

Recommended Action/Motion: Approve the 2010-2011 annual Comprehensive Economic Development Strategy (CEDS) report as required by the Economic Development Administration (EDA).

LIBRARY

(k)        Approval of the Submission of the California Reads Grant Augmentation Funds - Application in the Amount up to $2,500 for the Period of 12/1/11-11/30/2012

Recommended Action/Motion: Approve grant augmentation application submission before the deadline of March 30, 2012.

SHERIFF-CORONER

(l)          Approval of Purchase of One Controller and Misc. Parts for a Fourth Tsunami Warning Siren System on the Mendocino County Coast, Totaling $10,821.00; and Approval of Adding the Fourth Tsunami Warning Siren System to the County Approved List of Fixed Assets

Recommended Action/Motion: Approval for the purchase of one controller and misc. parts for a fourth Tsunami Warning Siren System on the Mendocino County Coast. Total cost associated with fourth siren project $10,821.00. Approve adding the fourth Tsunami Warning Siren System to the County Approved list of Fixed Assets.

(m)      Approval of Sheriff's Request to Utilize Federal Asset Forfeiture Funds to Purchase Four Patrol Sedans,  One Patrol SUV, and Five Mobile Radios; Addition of These Items to the County's Approved List of Fixed Assets; and Approval of the Related Request for Appropriation, Cancellation or Revision of Funds

Recommended Action/Motion: Approve Sheriff's request to utilize Federal Asset Forfeiture funds to purchase four patrol sedans,  one patrol SUV, and five mobile radios; add these items to the County's Approved List of Fixed Assets; and approve the related Request for Appropriation, Cancellation or Revision of Funds.

(n)        Approval of Sheriff's Request to Utilize State Asset Forfeiture Funds to Purchase a Voice-Over-Internet-Protocol (VOIP) Telephone System; Addition of the Elements of the Purchase that Meet the Requirements for Fixed Assets to the County's Approved List of Fixed Assets; and Approval of the Related Request for Appropriation, Cancellation or Revision of Funds

Recommended Action/Motion: Approve Sheriff's request to utilize State Asset Forfeiture funds to purchase a voice-over-internet-protocol (VOIP) telephone system; add the elements of the purchase that meet the requirements for fixed assets to the County's Approved List of Fixed Assets; and approve the related Request for Appropriation, Cancellation or Revision of Funds.

TRANSPORTATION

(o)        Adoption of Resolution Authorizing Department of Transportation Advertisement for Bids and Award of a Contract to Construct 2010 Storm Damage Repairs on Sunset Drive, CR 525, M.P. 0.30 (Point Arena Area)

Recommended Action/Motion: By Resolution, authorize/direct the Director of Transportation to advertise for construction bids and award a Department of Transportation contract for Storm Damage Repairs on Sunset Drive, CR 525, M.P. 0.30.

(p)        Adoption of Resolution Authorizing Department of Transportation Advertisement for Bids and Award of a Contract to Perform Feliz Creek Dam Removal (Hopland Area)

Recommended Action/Motion: By Resolution, authorize/direct the Director of Transportation to advertise for construction bids and award a Department of Transportation contract for Feliz Creek Dam Removal.

(q)        Adoption of Resolution Supporting Funding Application for Preparation of a Feasibility Study for Orchard Avenue Extension and Designating the Director of Transportation as County's Authorized Agent for the Applicable Caltrans Transportation Planning Grant (Ukiah Area)

Recommended Action/Motion: By Resolution (1) Certify Board of Supervisors support for performing the Orchard Avenue Extension feasibility study, with funding from a Caltrans CBTP grant, augmented by funding support through MCOG; (2) authorize the Board Chair to sign a letter of support for the aforementioned funding grant; (3) designate the Director of Transportation as the County's authorized agent for entering into a contract with Caltrans for the transportation funding grant and (4) authorize the Director of Transportation to coordinate and approve any required modifications to the applicable grant contract that will not result in an increased cost to the County beyond that accommodated by the relevant contingency amount.

(r)         Approval of Payment of Two  Invoices from the City of Fort Bragg for Leachate Disposal Fees for the Caspar Landfill, for the Period January 1, 2011, through December 31, 2011

Recommended Action/Motion: (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 the invoices for leachate disposal fees to the Auditor/Controller for payment.

TREASURER-TAX COLLECTOR

(s)         Adoption of Resolution Approving the Request to Sell Tax-Defaulted Property Subject to the Power of Sale

Recommended Action/Motion: Adopt resolution approving the request to sell tax-defaulted property subject to the power of sale and authorize the Chair to sign the same.

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