Carre Brown

1st District Supervisor

John McCowen

2nd District Supervisor

John Pinches

3rd District Supervisor

Vice-Chair

Dan GJerde

4th District Supervisor

DAN HAMBURG

5th District Supervisor

Chair

 

 

 

 

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

March 26, 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.

10:00 a.m.:  Discussion and Possible Direction to Staff Regarding the Teeter Program Debt Mitigation or Elimination Activities Related to the Brooktrails Township Community Services District (See Item No. 5c)

1:30 p.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 (See Item No. 5h)

3:00 p.m.:    Informational Presentation to the Board by Congressman Jared Huffman, 2nd Congressional District, Including a Certificate and Award to Austin Morris for Bravery, and Associated Items of Interest to Mendocino County (See Item No. 5e)

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)         Adoption of Proclamation Recognizing Plowshares Peace and Justice Center for Thirty Years of Exemplary and Compassionate Community Service (Sponsor: Supervisor McCowen)

(b)        Adoption of Proclamation Recognizing and Honoring Chief Probation Officer Jim O. Brown upon His Retirement on March 30, 2013 (Sponsor: Probation)

(c)         Adoption of Proclamation Recognizing and Honoring Human Resources Director Pat Meek upon Her Retirement on March 30, 2013  (Sponsor: Executive Office)

(d)        Adoption of Proclamation Honoring Ms. Sharon Hunt upon Her Retirement and Recognizing Her Years of Service to the County of Mendocino (Sponsor: Health and Human Services Agency)

(e)        Adoption of Proclamation Recognizing the Month of April as National County Government Month with the theme of "Smart Justice: Creating Safer Communities" in Mendocino County (Sponsor: Executive Office)

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: 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: Provide direction to staff regarding matters of legislation.

(c)         Discussion and Possible Direction to Staff Regarding the Teeter Program Debt Mitigation or Elimination Activities Related to the Brooktrails Township Community Services District

Recommended Action/Motion: Accept the report and provide direction to staff.

(d)        Informational Presentation by the Rural County Representatives of California (RCRC) and Possible Action Including Renewal of Mendocino County’s RCRC Membership

Recommended Action/Motion: Receive the informational presentation by RCRC representatives, and direct staff to renew Mendocino County’s RCRC membership for the current year.

(e)        Informational Presentation to the Board by Congressman Jared Huffman, 2nd Congressional District, Including a Certificate and Award to Austin Morris for Bravery, and Associated Items of Interest to Mendocino County

Recommended Action/Motion: No action necessary.  Staff recommends the Board accept the informational presentation by Congressman Huffman, and if applicable, direct staff to follow up on items of interest to Mendocino County.

AGRICULTURE

(f)          Informational Presentation by the Mendocino County Agricultural Commissioner/Sealer of Weights and Measures Providing the Board of Supervisors with an Annual Update

Recommended Action/Motion: Accept the informational presentation from the Agricultural Commissioner/Sealer of Weights and Measures regarding 2012 activities.

GENERAL SERVICES AGENCY

(g)        Presentation Regarding the Donation of Six Historical State of California Maps by Albert P. Beltrami

Recommended Action/Motion: The Board of Supervisors accepts the donation of the six historical State of California maps by Albert P. Beltrami.

PLANNING AND BUILDING SERVICES

(h)        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 2013-2014

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 2013-2014.

TRANSPORTATION

(i)          Director's Report

Recommended Action/Motion: Accept the report of the Transportation Director.

BOARD OF SUPERVISORS AND MISCELLANEOUS

6.    Board of Supervisors And Miscellaneous                                                                                            

(a)         Supervisors' Reports

(b)        Discussion and Possible Direction Regarding California State Association of Counties (CSAC) Health and Human Services Policy Committee Medi-Cal Optional Expansion Principles (Sponsor: Supervisor Brown)

Recommended Action/Motion: Provide direction to Supervisor Carre Brown, as the Board of Supervisors representative to CSAC, regarding the County's position on the Medi-Cal Optional Expansion Principles.

(c)         Approval of Letter to Caltrans Director Malcolm Dougherty Expressing Continued Support for the Willits Bypass Project (Sponsor: Supervisor Pinches)

Recommended Action/Motion: Approve the letter of continued support for the Willits Bypass project to Caltrans Director Malcolm Dougherty, and authorize the 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 54956.9d - Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to Litigation - Two Cases

(b)        Sitting as the Air Quality Management District Board of Directors - Pursuant to Government Code Section 54957 - Public Employee Performance Evaluation - Air Pollution Control Officer

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 of Theresa Gleason

Items Recommended for Approval:

APPOINTMENTS

(b)        Approval of Recommended Appointments/Reappointments

Recommended Action/Motion: Approve the following appointments/reappointments:

Board or Commission

Appointee

Category

Child Care Planning Council

*Barbara Reber

Public Agency Representative

Civil Service Commission

George Pacheco

Commissioner- 1st District

First 5 Mendocino

Stacey Cryer

County Representative

First 5 Mendocino

Dr. Jeremy Mann

General Representative

First 5 Mendocino

Paul Tichinin

General Representative

HHSA Advisory Board

Lois Jane Berry

Children System of Care (Member #12)

HHSA Advisory Board

Libby Guthrie

Adult System of Care (Member #2)

HHSA Advisory Board

Sara O’Donnell

5th District (Member #18)

HHSA Advisory Board

Jacqueline Williams

Adult System of Care (Member #1)

Mendocino Council of Governments

Lauren Sinnott

Alternate Public Appointee

Mendocino County  Fish and Game Commission

Patrick H. Ford

1st District Representative

Mendocino Historical Review Board

Kathleen Cameron

Member

Mendocino Historical Review Board

Gordon Wardlaw

Member

Mental Health Board

Jessica Ehlers

4th District– Consumer Representative

Mental Health Board

Jane Ellen McCabe

3rd District– Consumer Family Representative

Mental Health Board

**Roger A. Schwartz

3rd District– Public Interest Representative

Policy Council on Children and Youth

Carol Kelsey

Public Health Services (Member #6)

Policy Council on Children and Youth

Claudia Macias

Community at Large (Member #28)

Workforce Investment Board

Pamela Jo Jensen

Mandatory (Member #31)

Workforce Investment Board

Pamela Patterson

Business (Member #10)

Workforce Investment Board

***Lorraine Perry

Mandatory (Member #21)

Workforce Investment Board

Ernest Waugh

Mandatory (Member #28)

*Approval of Barbara Reber includes waiver of voter registration/residency as she is a Lake County resident

**Approval of Roger A. Schwartz, who resides in the 5th District, includes a waiver of residency

***Approval of Lorraine Perry includes waiver of voter registration /residency as she is a Humboldt County resident,

BOARD OF SUPERVISORS

(c)         Adoption of Resolution Declaring 2013 as "The Year of the Child" (Sponsor: Supervisor Brown)

Recommended Action/Motion: Adopt the Resolution as presented, authorizing the Chair to sign same.

COUNTY COUNSEL

(d)        Adoption of Resolution Amending Mendocino County's Conflict of Interest Code

Recommended Action/Motion: Adopt Resolution amending the County of Mendocino's Conflict of Interest Code, authorizing Chair to sign same.

EXECUTIVE OFFICE

(e)        Approval of Letter of Opposition to Assembly Bill 741 (Brown) - New Tax Equity Allocation Formula

Recommended Action/Motion: Approve the letter of opposition to AB 741 as presented, authorizing the Chair to sign same, and direct staff to expedite the transmittal of said letter.

(f)          Approval of Term Limits for the Members and Alternate Members of the Mendocino County Assessment Appeal Board

Recommended Action/Motion: Approve the Assessment Appeals Board term limits as follows:

Member No.

Name

Term

Member No. 1

James-John Ronco

3 years

Member No. 2

Bill Barksdale

2 years

Member No. 3

Maryellen Sheppard

1 year

Member No. 1 (Alternate)

Richard Seltzer

3 years

Member No. 2 (Alternate)

Ross Liberty

2 years

Member No. 3 (Alternate)

Jeffrey Kram

1 year

GENERAL SERVICES AGENCY

(g)        Award Contract to FRC, Inc. for Phase II of the Health and Human Services Agency's Construction and Remodel of Building 3 of the Avila Center, 764 S. Franklin Street, Fort Bragg, CA and Authorize the General Services Agency Director to Sign the Contract Upon Receipt of the Bidder's Required Bonds and Certificates of Insurance; and Authorize the Facilities and Fleet Division Manager to Act as Project Manager and Approve Change Orders for the Project, Pursuant to Public Contract Code Section 20142

Recommended Action/Motion: Award contract to FRC, Inc. for Phase II of the Health and Human Services Agency's construction and remodel of Building 3 of the Avila Center, 764 S. Franklin Street, Fort Bragg, CA and Authorize the General Services Agency Director to Sign the contract upon receipt of the bidder's required bonds and certificates of insurance; and authorize the Facilities and Fleet Division Manager to act as Project Manager and approve change orders for the project, pursuant to Public Contract Code Section 20142.

(h)        Reaffirmation of a 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 1120 S. Dora, Ukiah Caused by Flooding

Recommended Action/Motion: The Board of Supervisors reaffirms 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 1120 S. Dora, Ukiah caused by flooding.

HEALTH AND HUMAN SERVICES AGENCY

(i)          Approval of the 2011-2012 Annual Comprehensive Economic Development Strategy (CEDS) Report

Recommended Action/Motion: Approve and provide minute order for the 2011-2012 Annual Comprehensive Economic Development Strategy (CEDS) - report. This action is required by Economic Development Administration (EDA).

HUMAN RESOURCES

(j)          Adoption of Resolution Amending Position Allocation Table as follows:  Budget Unit 2310, Delete One (1) FTE Staff Assistant III, Add One (1) FTE Legal Secretary II; and Authorize Reclassification and Salary Adjustment to Affected Incumbent

Recommended Action/Motion: It is recommended the Board adopt the Resolution amending the Position Allocation Table as follows: Budget Unit 2310, delete one (1) FTE Staff Assistant III, add one (1) FTE Legal Secretary II; and authorize reclassification and salary adjustment to affected incumbent and authorize Chair to sign same.

(k)        Adoption of Resolution Amending Position Allocation Table as follows:  Budget Unit 5010, Add One (1) FTE Welfare Investigator II

Recommended Action/Motion: It is recommended the Board adopt the Resolution amending the Position Allocation Table as follows: Budget Unit 5010, add one (1) FTE Welfare Investigator II; and authorize Chair to sign same.

LIBRARY

(l)          Approval of Memorandum of Understanding between the County of Mendocino and Friends of the Round Valley Public Library

Recommended Action/Motion: Approve the M.O.U. between the County of Mendocino and the Friends of the Round Valley Public Library, and authorize the Chair to sign same.

MUSEUM

(m)      Adoption of Amended Bylaws for the Museum Advisory Board

Recommended Action/Motion: Adopt the amended bylaws of the Museum Advisory Board.

TRANSPORTATION

(n)        Adoption of an Ordinance Amending Section 15.04.030(E) of the Mendocino County Code - Speed Zones, Establishing Prima Facie Speed Limit on a Portion of North State Street, CR 104, at Mile Post 4.00 and Moore Street, CR 229B, at Mile Post 0.40 in the Residential, Business District and Adjoining School Zone (Calpella Area)

Recommended Action/Motion: Adopt an Ordinance revising the prima facie speed zone on a portion of North State Street, CR 104, at Mile Post 4.0 and Moore Street, CR 229B at Mile Post 0.4 in the residential, business district and adjoining School Zone in Calpella.

(o)        Adoption of Resolution Approving Contract Change Order No. 2 to DOT Contract No. 120039, 2012 Chip Seal Project on Various County Roads (Ukiah, Deerwood, and Hopland Areas)

Recommended Action/Motion: By Resolution, approve Contract Change Order No. 2 to DOT Agreement No. 120039, and authorize the Director of Transportation to execute said agreement.

(p)        Adoption of Resolution of the Board of Supervisors Authorizing the Road Commissioner to do Minor Road Reconstruction and New Construction with County Staff per PCC § 20395 (c) (Amended by AB 720) Prescribed 30% Maximum Force Account Work (County-wide)

Recommended Action/Motion: By Resolution, authorize and direct Director of Transportation to use Road Commissioner authority to do minor road reconstruction and new construction with County staff for no more than 30% of the prescribed force account work (PCC Section 20395(c), amended by AB 720).

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