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

April 10, 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.

10:00 a.m.: Noticed Public Hearing - Adoption of Resolution Confirming the Fiscal Year 2012-2013 Annual Report of the Mendocino County Lodging Business Improvement District (BID) Thereby Levying an Annual Assessment for the BID in Fiscal Year 2012-2013 (See Item No. 5c)

11:00 a.m.: Noticed Public Hearing - Consider Adoption of a Mitigated Negative Declaration, in Compliance with CEQA Requirements, for Replacement of Bridge No. 10C-0084 on School Way, CR 236, at M.P. 1.31 over the West Fork of the Russian River and, if Appropriate, Approve Resolution Adopting Said Mitigated Negative Declaration (Redwood Valley Area) (See Item No. 5g)

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.

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)         Noticed Public Hearing - Adoption of Resolution Confirming the Fiscal Year 2012-2013 Annual Report of the Mendocino County Lodging Business Improvement District (BID) Thereby Levying an Annual Assessment for the BID in Fiscal Year 2012-2013

Recommended Action/Motion: Hold the public hearing, and adopt the Resolution confirming acceptance of the Fiscal Year 2012-2013 Annual Report of the Mendocino County Lodging Business Improvement District (BID) thereby levying an annual assessment for the BID in Fiscal Year 2012-2013.

(d)        Discussion and Possible Action Including Interviews with Applicants and Possible Appointment of the "Public" Members to the Four Oversight Boards (County of Mendocino, City of Fort Bragg, City of Ukiah and

City of Willits) of the Redevelopment Successor Agencies in Mendocino County

Recommended Action/Motion: That the Board of Supervisors appoints _____________________ as the County of Mendocino; _____________________ as the City of Fort Bragg; _____________________ as the City of Ukiah; and _____________________ as the City of Willits, "public" members to the respective Oversight Boards, pursuant to Health and Safety Code Section 34179.

PLANNING AND BUILDING SERVICES

(e)        Review and Possible Certification of the Final Environmental Impact Report (FEIR) as well as Possible Action on Zoning Code Amendment and Rezone No. OA 1-2007/R 4-2011 (Harris Quarry) -Continuation of April 9, 2012, Noticed Public Hearing, if Necessary

Recommended Action/Motion: First: Review the Final EIR and its incorporated Water Supply Assessment, Findings of Fact, Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program and certify by Resolution that the FEIR adequately addresses the environmental impacts of the project in compliance with the requirements of the California Environmental Quality Act (CEQA); and

Second: Review the proposed Ordinance amendments and rezoning and adopt by Ordinance as listed below:

1) The Board of Supervisors adopts an Ordinance amending Chapter 20.040.010 of Division I of Title 20 of the Mendocino County Code

2) The Board of Supervisors adopts an Ordinance amending Chapter 20.036.010 of Division I of Title 20 of the Mendocino County Code

3) The Board of Supervisors adopts an Ordinance amending Division I of Title 20 of the Mendocino County Code by adding a newly created Chapter 20.134

4) The Board of Supervisors adopts an Ordinance amending Chapter 20.152.025 of Division I of Title 20 of the Mendocino County Code

5) The Board of Supervisors adopts an Ordinance approving the rezoning of a portion of Assessor's Parcel Number 147-140-07 from RL-160 to RL-160:MP

TRANSPORTATION

(f)          Director's Report

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

(g)        Noticed Public Hearing - Consider Adoption of a Mitigated Negative Declaration, in Compliance with CEQA Requirements, for Replacement of Bridge No. 10C-0084 on School Way, CR 236, at M.P. 1.31 over the West Fork of the Russian River and, if Appropriate, Approve Resolution Adopting Said Mitigated Negative Declaration (Redwood Valley Area)

Recommended Action/Motion: Conduct the relevant public hearing to consider information and testimony regarding the environmental impacts of the proposed School Way Bridge Replacement project and, if supported by the presented evidence, by Resolution adopt a Mitigated Negative Declaration for the project and authorize the Director of Transportation to file the applicable Notice of Determination.

(h)        Work Plan Options for Alternate Leachate Disposal - Engineering and Permitting (Caspar - Laytonville/South Coast Landfills)

Recommended Action/Motion: By Direction of Board, authorize Director of Transportation to proceed with work on Alternate Leachate Disposal - Engineering and Permitting.

BOARD OF SUPERVISORS AND MISCELLANEOUS

6. Board of Supervisors And Miscellaneous

(a)         Supervisors' Reports

(b)        Adoption of Resolution Adopting Mendocino County Volunteer Policy, Terms of Workers Compensation Coverage for County Volunteers, and Superseding Resolution No. 94-043 Regarding Workers Compensation Coverage (Sponsors: Supervisor Brown; Executive Office; and Human Resources)

Recommended Action/Motion: It is recommended the Board adopt the Resolution adopting the Mendocino County Volunteer Policy, Terms of Workers Compensation Coverage and superseding Board Resolution 94-043 regarding Workers Compensation Insurance Coverage for County volunteers and authorize Chair to sign same.

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.

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.

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): MCPAA and MCPEA

(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/Rejection:

CLAIMS AGAINST THE COUNTY

(a)         Claim c/o Pano Stephens

(b)        Claim of Steven Morales

Items Recommended for Approval:

MINUTES

(c)         Minutes of the March 26, 2012, Regular Board Meeting

(d)        Minutes of the March 27, 2012, Regular Board Meeting

APPOINTMENTS

(e)        Approval of Recommended Appointments/Reappointments

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

Board or Commission

Appointee

Category

Caspar South Water District

(to fill quorum)

Steve Clouse

Long-Term Director

Caspar South Water District

(to fill quorum)

Marc Wasserman

Short-Term Director

Health and Human Services Agency Advisory Board (HHSA)

John Williams

Member #21 - Mendo/Lake Medical Society Representative

Mendocino County Fish and Game Commission

Eric Anderson

5th District

Mendocino County Planning Commission

Gregory T. Nelson

At-Large - Agricultural Representative

Mendocino County Resources Conservation District

Craig Blencowe

Long-Term Director

Mendocino County Resources Conservation District

Jerome J. Dix

Long-Term Director

Mendocino County Resources Conservation District

Tyler Nelson

Long-Term Director

BOARD OF SUPERVISORS

(f)          Acceptance of Annual Report by the Westport Municipal Advisory Council (WMAC) (Sponsor: Supervisor Smith)

Recommended Action/Motion: Accept the Westport Municipal Advisory Council's annual report.

(g)        Approval of Comment Letter Regarding Draft Environmental Impact Report (DEIR) on the North Coast Study Region Marine Life Protection Act Initiative to Department of Fish & Game/Horizon Water and Environment (Sponsors: Supervisors Smith and Hamburg)

Recommended Action/Motion: Approve the comment letter and appoint a Board member to attend the Eureka meeting.

(h)        Approval of Letter of Support for AB 1961 (Huffman) - The Coho Salmon Habitat Enhancement Leading to Preservation Act (Coho HELP Act) (Sponsor: Supervisor Brown)

Recommended Action/Motion: To approve the letter of support for AB 1961 and authorize the Chair to sign.

HEALTH AND HUMAN SERVICES AGENCY

(i)          Approval of Agreement with California Department of Forestry and Fire Protection (CAL FIRE) in the Amount of $1,682,014.34 to Provide Emergency Dispatch Services Throughout Mendocino County for the Period of July 1, 2012 Through June 30, 2015

Recommended Action/Motion: Approve and authorize the Board Chair to sign the Agreement with California Department of Forestry and Fire Protection (CAL FIRE) in the amount of $1,682,014.34 to provide emergency dispatch services throughout Mendocino County for the period of July 1, 2012 through June 30, 2015. Please provide one minute order.

HUMAN RESOURCES

(j)          Acceptance of Report on Wellness Plan Year 1 Program and Approval of Plan Year 2 Incentive-Based Plan Design for the Health and Retiree Health Plans Effective January 1, 2013

Recommended Action/Motion: 1) Accept informational report on year 2 of Wellness Program's Incentive-Based Health Plan Design; 2) Approve Plan Year 2 Health and Retiree Health Plan Design Changes effective January 1, 2013.

(k)        Adoption of Resolution Amending Position Allocation Table as Follows: Add Librarian II (1 FTE) S34A Budget Unit 6110; Add Library Assistant (9 @ .5 FTE; 1 @ .75 FTE) S21A Budget Unit 6110

Recommended Action/Motion: It is recommended the Board adopt the Resolution amending the Position Allocation Table as follows: add Librarian II S34A (1 FTE) Budget Unit 6110; add Library Assistant (9 @ .5 FTE; 1 @ .75 FTE) S21A Budget Unit 6110 and authorize Chair to sign same.

(l)          Adoption of Resolution Approving the Memorandum of Understanding Between the County of Mendocino and the Service Employee's International Union for the term of January 23, 2012 through June 30, 2013

Recommended Action/Motion: It is recommended the Board adopt the resolution approving the Memorandum of Understanding between the County of Mendocino and the Service Employee's International Union for the term of January 23, 2012 through June 30, 2013, and authorize Chair to sign same.

PROBATION

(m)      Adoption of Resolution Establishing a Records Retention Schedule for the Probation Department

Recommended Action/Motion: Approve and sign the Resolution establishing a records retention schedule for the Probation Department.

SHERIFF-CORONER

(n)        Approval of Purchase of Two (2) ICOP Patrol Vehicle Cameras Using the Sheriff's Federal Asset Forfeiture Funds; Addition of the Two Cameras to the County's Approved List of Fixed Assets; and Approval of Related Budget Transfer

Recommended Action/Motion: Approve the purchase of two (2) ICOP patrol vehicle cameras using the Sheriff's Federal Asset Forfeiture Funds; add the two cameras to the County's Approved List of Fixed Assets; and approve the related budget transfer.

(o)        Authorization of the Mendocino County Sheriff's Office to Submit an Application to the State of California, Department of Parks and Recreation, Off-Highway Vehicle Recreational Area Grant in the Amount of $78,330, with an Additional $16,624 Match (In Kind) from the Mendocino County Sheriff's Office; Adoption of Corresponding Resolution; Authorization of the Sheriff to Sign Any Subsequent Agreements, Amendments and/or Other Required Documentation; and Authorization of the Acceptance of Awarded Amount, and the Designation of Sheriff Allman as the County's Authorized Agent for this Grant

Recommended Action/Motion: Authorize the Mendocino County Sheriff's Office to submit an application to the State of California, Department of Parks and Recreation, Off-Highway Vehicle Recreational Area Grant in the amount of $78,330; authorize the Sheriff to sign any subsequent agreements, amendments and/or other required documentation; adopt corresponding Resolution, authorizing Board Chair to sign same; and direct the Clerk of the Board to provide the Sheriff's Office with a certified copy of said Resolution.

SOLID WASTE

(p)        Approval of First Amendment to Franchise Agreement with Solid Wastes of Willits for Franchise Area No. 1 (North County)

Recommended Action/Motion: Authorize the Chair to sign First Amendment to the Franchise Agreement between the County of Mendocino and Solid Wastes of Willits, Inc. for Solid Waste Refuse Collection Area No. One.

TRANSPORTATION

(q)        Adoption of Resolution Approving Department of Transportation Agreement No. 120021 and Accepting the Grant Deed Conveying Real Property from Feliz Creek Limited Partnership for the Acquisition of Rights of Way Needed for Construction of the Feliz Creek Bridge Replacement Project on Road 110, CR 110, M.P. 0.10 (Hopland Area)

Recommended Action/Motion: By Resolution, accept and approve Department of Transportation Agreement No. 120021 with Feliz Creek Limited Partnership, accept the Grant Deed conveying real property from Feliz Creek Limited Partnership, in connection with Department of Transportation Project No. B-0401, and authorize and direct the Board Chair to execute said Agreement and the Statutory Certificate of Acceptance and direct the Clerk of the Board to submit the Grant Deed to Redwood Empire Title Company (Escrow No. 20110338DN) for further processing and recording.

(r)         Adoption of Resolution Establishing the Total Mileage of County Maintained Roads as of December 31, 2011

Recommended Action/Motion: By Resolution establish the total mileage of County Maintained Roads at 1,010.80 miles as of 31 December 2011.

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