Carre Brown

1st District Supervisor

John McCowen

2nd District Supervisor

 

John Pinches

3rd District Supervisor

Dan Gjerde

4th District Supervisor

DAN HAMBURG

5th District Supervisor

 

 

 

 

 

CARMEL J. ANGELO

Chief Executive Officer/

Clerk of the Board

 

 

 

 

Thomas R. Parker

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

January 8, 2013 – 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.

9:00 a.m.:    Conduct the 2013 Organizational Meeting of the Mendocino County Board of Supervisors and Swearing-In Ceremony of Newly Elected Mendocino County Officials Followed by a Reception in the Administration Center Foyer (See Item Nos. 5c - 5k)

1:30 p.m.:    Presentation of Retirement System Contribution Rates for CalPEPRA Formulas for the Fiscal Year(s) 2012/13 (See Item No. 5m)

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 are generally addressed on Mondays and may be presented or commented on as needed.

(a)         Adoption of Proclamation Declaring January, 2013 as "National Mentoring Month," and Presentation of the Juvenile Justice Delinquency Prevention Commission Annual Report (Sponsor: Probation)

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)         Election of Chair and Vice-Chair of the Mendocino County Board of Supervisors for Calendar Year 2013

Recommended Action/Motion: That the Board of Supervisors nominates and elects Supervisor ____________ as Chair and Supervisor ____________ as Vice-Chair of the Mendocino County Board of Supervisors for the 2013 calendar year.

(d)        Conduct the Swearing-In Ceremony of Newly Elected Mendocino County Officials Followed by a Reception in the Administration Center Foyer

Recommended Action/Motion: Participate in the swearing-in ceremonies recognizing newly elected/re-elected Mendocino County officials and adjourn for a reception in the Administration Center Foyer.

(e)        Discussion and Possible Action Regarding Appointment of a Board of Supervisors Representative to the Mendocino County Board of Retirement

Recommended Action/Motion: That the Board of Supervisors appoints Supervisor __________ as its representative to the Board of Retirement, filling the unexpired term of the Fifth Member seat, ending in January, 2014.

(f)          Discussion and Possible Action Regarding Appointment of a Mendocino County Representative to the North Coast Railroad Authority (NCRA)

Recommended Action/Motion: That the Board of Supervisors affirms its historical practice of appointing a Board member representative to the NCRA, appointing Supervisor __________ for calendar years 2013 and 2014.

(g)        Discussion and Possible Action Regarding Mendocino County Appointments to the Public Policy Facilitating Committee (PPFC) Pursuant to the Memorandum of Understanding Among the United States Army Corps of Engineers (USACE), National Marine Fisheries Service (NMFS), and the Sonoma County Water Agency (SCWA)

Recommended Action/Motion: That the Board of Supervisor affirms the existing appointments of Mendocino County's three representatives, Supervisor Carre Brown, Mr. Sean White, and Mr. Lee Howard.

(h)        Discussion and Possible Approval of Board Special Assignments/Appointments as Recommended by the Chair of the Board

Recommended Action/Motion: That the Board of Supervisors adopts the proposed 2013 Special Assignment Roster as presented.

(i)          Discussion and Possible Adoption of Resolution Regarding Board Standing Committees for 2013

Recommended Action/Motion: That the Board of Supervisors discusses and provides direction to staff regarding Board Standing Committees for calendar year 2013, including possible adoption of the associated Resolution.

(j)          Discussion and Possible Action Including Adoption of Resolution Adopting Board of Supervisors Revised Rules of Procedure

Recommended Action/Motion: That the Board of Supervisors adopts the resolution adopting the Board's Rules of Procedure as presented, authorizing the Chair to sign same.

(k)        Discussion and Possible Action Including Adoption of the 2013 Board of Supervisors Master Meeting Schedule and Board of Equalization Calendar

Recommended Action/Motion: That the Board of Supervisors adopts the new 2013 Board Master Meeting Schedule and Board of Equalization Calendar, and directs the Clerk of the Board to notify County Departments of same.

COUNTY COUNSEL

(l)          Introduction and Waive Reading of an Ordinance Amending Mendocino County Code Section 9.31 Medical Marijuana Cultivation Regulation

Recommended Action/Motion: Introduce and waive the reading of the ordinance amendment to Mendocino County Code Section 9.31 Medical Marijuana Cultivation Regulation.

MENDOCINO COUNTY EMPLOYEES' RETIREMENT ASSOCIATION

(m)      Presentation of Retirement System Contribution Rates for CalPEPRA Formulas for the Fiscal Year(s) 2012/13

Recommended Action/Motion: Accept actuarial contribution rate report and adopt the Retirement Board's recommended retirement system contribution rates as contained within the report.

TRANSPORTATION

(n)        Director's Report

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

TREASURER-TAX COLLECTOR

(o)        Introduction and Waive Reading of an Ordinance Delegating Authority to Invest or Reinvest the Funds of the County and its Other Depositors in the County Treasury to the Treasurer for Calendar Year 2013

Recommended Action/Motion: Introduce and waive the reading of an Ordinance delegating authority to invest or reinvest the funds of the County and its other depositors in the County treasury to the Treasurer for calendar year 2013.

BOARD OF SUPERVISORS AND MISCELLANEOUS

6.    Board of Supervisors And Miscellaneous                                                                                            

(a)         Supervisors' Reports

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 54956.9b - Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to Litigation - One Case

(b)        Pursuant to Government Code Section 54956.9 - Conference with Legal Counsel - Existing Litigation: County of Mendocino v. Solid Wastes Systems, Mendocino County Superior Court Case No. SCUK-CVG-11-59459

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.

(a)         State of California Fish and Game Commission - Notice of proposed regulatory action relative to amending Section 670; and repealing Section 678, Title 14, California Code of Regulations, relating to the practice of falconry; for additional information, including hearing dates, please contact Ms. Carrie Battistone, Staff Environmental Scientist, Wildlife Branch, Department of Fish and Game, (916) 445-3615, or visit www.fgc.ca.gov.

(b)         Visit Mendocino County, Inc. - December 2012 President/CEO Report.

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 of Larry Heal III

Items Recommended for Approval:

MINUTES

(b)        Minutes of the December 11, 2012, Regular Board Meeting

(c)         Minutes of the December 17, 2012, Regular Board Meeting

EXECUTIVE OFFICE

(d)        Adoption of Resolution Designating the Chief Executive Officer (CEO) as Official Responsible for Facilitation and Submission of the 2013-2014 Recommended Budget; and Review and Approval of the 2013-2014 Budget Calendar

Recommended Action/Motion: It is recommended that the Board of Supervisors adopts the Resolution designating the Chief Executive Officer as the official responsible for recommending and facilitating the development and submission of the 2013-2014 Recommended Budget, as submitted; and further approve the Budget Calendar for FY 2013-2014.

GENERAL SERVICES AGENCY

(e)        Approval of the List of Personnel Authorized to Use County Vehicles for Work-to-Home/Home-to-Work Travel, Pursuant to Mendocino County Code Chapter 3.12, "The County Vehicle Policy"

Recommended Action/Motion: Approve the list of personnel authorized to use County vehicles for work-to-home/home-to-work travel, as recommended by the General Services Agency Director.

TRANSPORTATION

(f)          Adoption of Resolution Approving Airport Capital Improvement Plans for the Little River and Round Valley Airports for Fiscal Years 2014 - 2018 (Little River and Covelo Areas)

Recommended Action/Motion: By Resolution, authorize the Board Chair to sign the Resolution Approving the Fiscal Years 2014 - 2018 Airport Capital Improvement Plans for Little River Airport and Round Valley Airport and authorize the Director of Transportation to sign all pertinent documents required for processing.

(g)        Approval of Notice of Completion, Department of Transportation Contract No. 090175, 2006 Storm Damage Repairs on Mountain View Road, CR510, M.P. 14.45 (Boonville Area)

Recommended Action/Motion: By Minute Order, authorize the Board Chair to sign the Notice of Completion for DOT Contract No. 090175 and direct the Clerk of the Board to file the Notice of Completion with the County Recorder.

(h)        Approval of Notice of Completion, Department of Transportation Contract No. 100025, 2006 Storm Damage Repairs on Mendocino Pass Road, CR 338, M.P. 2.74 (Covelo Area)

Recommended Action/Motion: By Minute Order, authorize the Board Chair to sign the Notice of Completion and direct the Clerk of the Board to file the Notice of Completion for DOT Contract No. 100025 with the County Recorder.

(i)          Approval of Notice of Completion, Department of Transportation Contract No. 120007, 2010 Storm Damage Repairs on Sunset Drive, CR 525, M.P. 0.30 (Point Arena Area)

Recommended Action/Motion: By Minute Order, authorize the Board Chair to sign the Notice of Completion and direct the Clerk of the Board to file the Notice of Completion for DOT Contract No. 120007 with the County Recorder.

TREASURER-TAX COLLECTOR

(j)          Approval of Mendocino County Investment Policy for Calendar Year 2013

Recommended Action/Motion: Approve the Mendocino County Investment Policy as submitted.

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