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Carre Brown 1st District Supervisor |
John McCowen 2nd District Supervisor |
John Pinches 3rd District Supervisor Vice-Chair |
Dan GJerde 4th District Supervisor |
DAN 5th District Supervisor Chair |
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Chief Executive Officer/ Clerk of the Board |
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Thomas R. Parker |
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(707) 463-4441 Fax (707) 463-5649 cob@co.mendocino.ca.us |
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Mendocino
Agenda Regular
Meeting February
12, 2013 – 9:00 AM Board
Chambers, Room 1070, |
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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, 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. |
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TIMED ITEMS
Timed
Items
Please note that all
times provided are considered approximate.
9:00 a.m.: Noticed Public Hearing - Adoption of Resolution Approving
Adoption of a Community Development Block Grant (CDBG) Program Income Reuse
Plan for 2013 - 2018 (See
Item No. 5g)
1:30 p.m.: Discussion
and Possible Action Regarding the Second Quarter Mid-Year Budget Report on the
Status of County Departmental Budgets and Executive Office Recommendations for
FY 2012-2013 (See
Item No. 5d)
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.
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
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.
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 of the
Mendocino County Fair and Apple Show Budget and Revenue Plan
Recommended Action/Motion: Accept the
Recommended Action/Motion: Accept the Second Quarter Mid-Year
Budget Report on the status of departmental spending and revenues for FY
2012-2013 and approve Executive Office recommendations.
AGRICULTURE
Recommended Action/Motion: Provide direction to either craft a
second letter to CARB with additional concerns or cancel/postpone this action
pending further developments.
HUMAN RESOURCES
Recommended Action/Motion: Adopt the Resolution amending the Position
Allocation Table as follows: Budget Unit 2310, delete one (1) FTE Sheriff's
Lieutenant, add one (1) FTE Program
Manager; Budget Unit 2830, add one (1) FTE Program Manager and authorize Chair
to sign same.
PLANNING AND
BUILDING SERVICES
Recommended Action/Motion: Adopt the Resolution, approving adoption
of the Community Development Block Grant (CDBG) Program Income Reuse Plan for
2013 - 2018.
BOARD OF SUPERVISORS AND MISCELLANEOUS
6. Board of Supervisors And Miscellaneous
(b)
Informational Presentation
Regarding Vision Mendocino 2030 (Sponsor: Supervisor Gjerde)
Recommended Action/Motion: This item is for information only. No action is recommended.
Recommended Action/Motion: Receive the presentation given to the
Board by Director John Kuhry regarding local business development
opportunities.
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
AIR QUALITY MANAGEMENT DISTRICT
Recommended Action/Motion: Approve the Air Quality Management
District's Mid-Year Budget Report
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 54956.9(b) - Conference with Legal Counsel -
Significant Exposure to Litigation - One Case
(b)
Pursuant
to Government Code Section 54956.9 - Conference with Legal Counsel - Existing
Litigation:
(c)
Pursuant
to Government Code Section 54957.6 - Conference with Labor Negotiator - Agency
Negotiators:
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)
Federal Emergency Management Agency -
notice of finalization of modified flood hazard information for Mendocino
County, thus revising the Flood Insurance Rate Map (FIRM) and Flood Insurance
Study (FIS) report that were in effect prior to December 3, 2012; additional
information may be obtained by calling the Mitigation Division Director, FEMA
Region IX, at (510) 627-7100, or by writing to 1111 Broadway, Suite 1200,
Oakland, CA, 94607-4052.
(b)
Department of the Interior, U.S. Fish and
Wildlife Service - notice of public comment period regarding proposal to remove
the Valley Elderberry Longhorn Beetle from its current status as threatened
under the Endangered Species Act; additional information may be obtaining by
visiting www.regulations.gov (Docket No. FWS-R8-ES-2011-0063), or by U.S. mail
or hand-delivery to Public Comments Processing, Attn: WS-R8-ES-2011-0063,
Division of Policy and Directives Management, U.S. Fish and Wildlife Service,
4401 N. Fairfax Drive, MS 2042-PDM, Arlington, VA 22203.
(c)
U.S. Department of Commerce, National
Oceanic and Atmospheric Administration - notice of extension of comment period
regarding the following documents: 1) the "Draft Environmental Impact
Statement/Draft Program Timberland Environmental Impact Report (DEIS/DPTEIR)
for Authorization for Incidental Take and Implementation of a Multi-Species
Habitat Conservation Plan and Natural Communities Conservation Plan (HCP/NCCP)
and Timber Management Plan (TMP)" for most of the land owned by Mendocino
Redwood Company in Mendocino County, California, 2) the Mendocino Redwood
Company Draft HCP/NCCP and accompanying Implementation Agreement, 3) the long-term
Management Agreement for Timber Operations, a form of Lake and Streambed
Alteration Agreement, and 4) the Mendocino Redwood Company TMP; the extended
comment period will now end at 5 p.m., April 22, 2013; comments may be
submitted to one of the following: Eric Shott, National Marine Fisheries, 777
Sonoma Ave., Room 325, Santa Rosa, CA, 95404, or John Hunter, U.S. Fish and
Wildlife Service, 1655 Heindon Road, Arcata, CA, 95521; additional information
may be obtained online at either swr.nmfs.noaa.gov/nepa.htm or
www.fws.gov/arcata/.
(d)
State of
(e)
State of California Fish and Game
Commission - notice of proposed regulatory action relative to subsection (d) of
Section 27.80, Title 14, California Code of Regulations, relating to ocean
salmon sport fishing; additional information may be obtaining by contacting Mr.
Paul Hamdorf, Acting Marine Region Manager, at (562) 342-7210, or by visiting
www.fgc.ca.gov.
(f)
State of California Air Resources Board -
notice of public workshop providing input on the development of an investment
plan for the auction proceeds from the Cap-and-Trade program to reduce
greenhouse gasses; the workshops will be held in Fresno on February 19, 2013,
in Sacramento on February 25, 2013, and in Los Angeles on February 27, 2013;
additional information may be found online at www.arb.ca.gov/cc/capandtrade/auctionproceeds/
auctionproceeds.htm.
(g)
California Emergency Management Agency -
notice of grant of Secretarial disaster designation by the U.S. Department of
Agriculture due to agricultural losses caused by drought beginning January 1,
2012, and continuing; the application deadline is August 19, 2013; additional
information may be found at www.fsa.usda.gov/pas/disaster/assistance1.htm.
(h)
State Water Resources Control Board -
notice of availability of newly revised Wetland Area Protection and Dredged or
Fill Permitting Policy, which may be found online at
www.waterboards.ca.gov/water_issues/programs/cwa401/wrapp.shtml.
(i)
Redwood Empire Food Bank - Fiscal Year
2011/2012 Annual 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 Sayuri
Litchfield
(b)
Claim of State
Farm Insurance as Subrogee of FBT Transport, LLC
Items Recommended for Approval:
APPOINTMENTS
(c)
Approval of
Recommended Appointments/Reappointments
Recommended Action/Motion: That the Board of Supervisors Approves
the Following Appointments/Reappointments:
|
Board or
Commission |
Appointee |
Category |
|
Assessment Appeals Board |
Bill
Barksdale |
Board
Member |
|
Assessment Appeals Board |
James-John
Ronco |
Board
Member |
|
Assessment Appeals Board |
Maryellen
Sheppard |
Board
Member |
|
Assessment Appeals Board |
Jeffrey
Kram |
Alternate
Board Member |
|
Assessment Appeals Board |
Ross
Liberty |
Alternate
Board Member |
|
Assessment Appeals Board |
Richard
Selzer |
Alternate
Board Member |
|
Cemetery District of the Redwoods |
Kent
Westwood |
Member |
|
Civil Service Commission |
Terry
Poplawski |
2nd
District Commissioner |
|
Mental Health Board |
Dina
Ortiz |
2nd
District Consumer-Family Representative |
|
Mental Health Board |
Jefferson
Nerney |
5th
District Public Interest Representative |
|
Museum Advisory Board |
Judy
Pruden |
2nd
District Representative |
|
Museum Advisory Board |
Jackie
Wollenberg |
4th
District Representative |
|
Planning Commission |
Molly
E. Warner |
4th
District Commissioner |
|
Planning Commission |
Madelin
Holtkamp |
2nd
District Commissioner |
EXECUTIVE OFFICE
Recommended Action/Motion: Accept the report pertaining to the
Mendocino County Superintendent of Schools on the Status of Decile 1 - 3
Schools in Mendocino County pursuant to the Williams Legislation.
GENERAL SERVICES
AGENCY
Recommended Action/Motion: Reaffirm the declaration of emergency
pursuant to MCC Sec. 2.32.040 and Public Contract Code Section 22050 due to
damage to a county owned facility located at
HEALTH AND HUMAN
SERVICES AGENCY
Recommended Action/Motion: Approve and authorize the Board Chair to
sign Agreement Amendment with Family Resource Center (FRC) Network of Mendocino
County increasing the amount of the agreement by $29,726.60 to provide programs
for child abuse prevention and intervention in fiscal year 2012/2013; and
authorize the HHSA Director to sign any future amendments to the agreement that
do not increase the annual maximum amount.
Recommended Action/Motion: Approve and authorize the Board Chair to
sign Agreement with Chabot-Las Positas Community College District for $325,000
to provide Evidence Based Training for foster care providers, group home staff
and County staff serving Mendocino County's Federally IV-E eligible children;
and authorize the Health and Human Services Agency (HHSA) Director to sign any
future amendments to the Agreement that do not increase the maximum annual
amount authorized by the Board of Supervisors.
Health and Human Services Agency (HHSA) - Children & Family System
of Care (CFSOC).
Recommended Action/Motion: Approve and authorize the Board Chair to
sign Agreement with Mendocino County, Superior Court of California in the
amount of $68,432 annually to provide funding for the Family Dependency Drug
Court (FDDC) Grant, FDDC Coordinator in fiscal years 2012/2013 & 2013/2014;
and authorize the HHSA Director to sign any future amendments to the agreement
that do not increase the annual maximum amount.
(i)
Approval of
Amendment to BOS Agreement No. 12-123 with BlackTalon Enterprises, Inc.
Increasing the Amount of the Agreement by $10,656 to a New Maximum Agreement
Amount of $129,528 to provide an additional 16 hours weekly
security service at the Willits Integrated Service Center through FY 2012/2013
Recommended Action/Motion: Approve and authorize the Board Chair to
sign amendment to agreement No. 12-123 with Black Talon Enterprises, Inc.
increasing the amount of the agreement by $10,656 to a new maximum agreement
amount of $129,528 to provide an additional 16 hours weekly security service at
the Willits Integrated Service Center through FY 2012/2013; and authorize the
HHSA Director to sign any future amendments to the agreement that do not
increase the annual maximum amount.
(j)
Approval of
Purchase of a Phone System Controller for the Health and Human Services Agency,
Ukiah (Yokayo Complex), Willits (WISC) and Fort Bragg (Avila Center) in the
amount of $21,410.83 for Replacement of Failing Equipment and Authorize the Addition of the Equipment to the County
Approved List of Fixed Assets
Recommended Action/Motion: Approve the purchase of a Phone System
Controller for the Health and Human Services Agency, Ukiah (Yokayo Complex),
Willits (WISC) and
LIBRARY
(k)
Approval of
Submmision of the "Pitch an Idea" Grant to the California State
Library
Recommended Action/Motion: Conceptually approve submission of the
"Pitch an Idea" grant application to the
PLANNING AND
BUILDING SERVICES
(l)
Adoption of
Resolution Authorizing Re-Establishment of the Mendocino County Abandoned
Vehicle Abatement Service Authority; Approving the Mendocino County Abandoned
Vehicle Abatement Service Authority Plan, and Approving the Abandoned Vehicle Abatement Joint Powers Agreement
Recommended Action/Motion: Adopt the Resolution authorizing
re-establishment of the Mendocino
Recommended Action/Motion: Adopt the Resolution delegating County
permit authority over the "Need For Speed" film production project to
the
PUBLIC DEFENDER
Recommended Action/Motion: Approve the extraordinary merit increase
for John McCarty, from Step 1 to Step 3, effective February 17, 2013; and
authorize the Chair to sign the corresponding Special Request form.
SOLID WASTE
Recommended Action/Motion: Approve Amendment No. 12 to Franchise
Agreement for Solid Waste Refuse Area 2 with USA Waste of California (Empire
Waste Management), and authorize the Chair to sign same.
TRANSPORTATION
Recommended Action/Motion: Adopt the Ordinance amending
Recommended Action/Motion: By Resolution, authorize the Board Chair
to sign the Resolution approving the proposed update to the
Recommended Action/Motion: By Resolution, authorize release of the
Contract Surety pursuant to applicable terms and conditions specified.
(s)
Adoption of
Resolution Authorizing Department of Transportation to Agree to Designation of
Various County Maintained Roads as Indian Reservation Roads in Conjunction with
the United States Department of Interior, Bureau
of Indian Affairs (BIA) for Round Valley Indian Tribes (RVIT) Projects (Covelo
Area)
Recommended Action/Motion: By Resolution, (1) authorize the
proposed Department of Transportation letter to the
(t)
Approval of
Letter Endorsing the State of California Department of Transportation
(Caltrans) District 1's Application for a Federal Highway Administration (FHWA)
Grant for Climate Change Adaptation Pilot Strategy for Northwest
California (County-wide)
Recommended Action/Motion: By Minute Order, approve the letter of
endorsement in support of Caltrans District 1's application for a FHWA grant
for climate change adaptation pilot strategy, and authorize the Chair to sign
same.
TREASURER-TAX
COLLECTOR
(u)
Acceptance of
the December 31, 2012, Report of Mendocino County Pooled Investments
Recommended Action/Motion: Accept the December 31, 2012, report of
Mendocino
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 Board of Supervisors Acting as the Governing Board
of the Successor Agency for the Redevelopment Agency of the County of Mendocino.
MENDOCINO COUNTY AIR QUALITY MANAGEMENT DISTRICT.
Mendocino County Air Quality Management
District
(v)
Appointment of Acting
Air Pollution Control Officer (Sponsor: County Counsel)
Recommended Action/Motion: That the Air Quality Management District
Board of Directors appoints Robert A. Scaglione, Sr. as Acting Air Pollution
Control Officer, effective February 5, 2013, for an undetermined period of
time, for the time period of the ongoing Air Quality Management Board internal
investigation and subsequent deliberation regarding investigation results.
Recommended Action/Motion: Authorize the Air Quality Management
District to participate in the state Carl Moyer Program for fiscal year
2012/2013 (Funding Year 15) and authorize the Air Pollution Control Officer to
sign and submit the Application to the California Air Resources Board, and
request the Clerk of the Board 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
·
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