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

April 9, 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.:  Noticed Public Hearing and Adoption of Resolution Confirming the Fiscal Year 2013-2014 Annual Report of the Mendocino County Lodging Business Improvement District (BID) Thereby Levying an Annual Assessment for the BID in Fiscal Year 2013-2014 (See Item No. 5g)

11:00 a.m.: Discussion and Possible Action Related to the Formation of an Ad Hoc Committee on the Brooktrails Community Services District and Brooktrails Subdivision (See Item No. 5d)

1:30 p.m.:    Noticed Public Hearing to Consider Approval of Modifications to the County Fee Schedule (Effective July 2013), and Further, Adoption of a Resolution Amending the Master Fee Schedule (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.

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 Action Regarding Mendocino County's Membership in RCRC, including: 1) Approval of the County Becoming a Member of RCRC's Affiliate Association CHF, a Joint Powers Authority, the CRHMFA Homebuyers Fund; and 2) Appointment of a Board Member Delegate and Alternate to Represent the County on the RCRC and CHF Board of Directors

Recommended Action/Motion: 1) Approve the County's membership in CHF; and 2) Appoint Supervisor ____________ as the Board's Representative (Delegate) and Supervisor ___________ as the Alternate Representative, on the RCRC Board of Directors and CHF Board of Directors.

(d)        Discussion and Possible Action Related to the Formation of an Ad Hoc Committee on the Brooktrails Community Services District and Brooktrails Subdivision

Recommended Action/Motion: Form an ad hoc committee composed of two members of the Board, directing said ad hoc to define its own scope, composition and timeline related to the Brooktrails Township Community Services District and Brooktrails subdivision, returning to the Board with a report and recommendation on how to proceed by April 23, 2013, for Board approval.

(e)        Noticed Public Hearing to Consider Approval of Modifications to the County Fee Schedule (Effective July 2013), and Further, Adoption of a Resolution Amending the Master Fee Schedule

Recommended Action/Motion: Adopt a Resolution approving the proposed fee modifications to the Master Fee Schedule as presented, effective July 2013, authorizing the Chair to sign same.

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.

PLANNING AND BUILDING SERVICES

(g)        Noticed Public Hearing and Adoption of Resolution Confirming the Fiscal Year 2013-2014 Annual Report of the Mendocino County Lodging Business Improvement District (BID) Thereby Levying an Annual Assessment for the BID in Fiscal Year 2013-2014

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 2013-2014.

TRANSPORTATION

(h)        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

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, Kyle Knopp, Juanie Cranmer, and Donna Williamson; Employee Organization(s):  All

(b)        Pursuant to Government Code Section 54956.9(d) - Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to Litigation - Two Cases

(c)         Pursuant to Government Code Section 54956.9(a) - Conference with Legal Counsel - Existing Litigation: Coast Action Group, Russian RiverKeeper v. County of Mendocino; Case No. SCUK-CVG-11-59176

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 Approval:

MINUTES

(a)         March 12, 2013, Regular Board Meeting Minutes

APPOINTMENTS

(b)        Approval of Modifications to Board Special Assignments/Appointments, Appointing a Board Representative and Alternate Representative to the Economic Development & Financing Corporation (EDFC), as Recommended by the Chair of the Board

Recommended Action/Motion: Appoint Supervisor Gjerde as an alternate member to the EDFC, and appoint Supervisor McCowen in Supervisor Gjerde's former position as director.

(c)         Approval of Recommended Appointments/Reappointments

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

Board or Commission

Appointee

Category

HHSA Advisory Board

Lois Jane Berry

Community Representative (Member #6)

Mental Health Board

*Alyson Blair

3rd District- Consumer Representative

Mental Health Board

Debra Ponton

2nd District- Consumer/Family Representative

Potter Valley Cemetery Board

Karen Riordan

Member

Workforce Investment Board

Dottie Deerwester

Business (Member #5)

BOARD OF SUPERVISORS

(d)        Adoption of Resolution Regarding Preemption of Local Carryout Bag Ordinances by State Legislature; and Approval of Letter to California State Association of Counties (Sponsor: Supervisor Brown)

Recommended Action/Motion: Adopt the Resolution on state preemption of local bag ordinances; approve the letter on this issue to CSAC; and authorize the Chair to sign both records.

(e)        Approval of Letter of Concern Regarding ViaSat Satellite Application for California Advanced Services Fund (CASF) Funding (Sponsors: Supervisors Hamburg and McCowen)

Recommended Action/Motion: Approve letter to CPUC CASF staff and authorize the Chair to sign same.

GENERAL SERVICES AGENCY

(f)          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: 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 1120 S. Dora, Ukiah caused by flooding.

HEALTH AND HUMAN SERVICES AGENCY

(g)        Approval of Amendment to Board of Supervisors Agreement No. 12-075 with Mendocino Private Industry Council (MPIC) Increasing the Dollar Amount by $104,114 for a New Total Amount of $929,810 to Provide Workforce Investment Act (WIA) Program Services Delivery in Fiscal Year 2012-2013

Recommended Action/Motion: Approve and authorize the Board Chair to sign amendment to Board of Supervisors Agreement No. 12-075 with Mendocino Private Industry Council (MPIC) increasing the dollar amount by $104,114 for a new total amount of $929,810 to provide Workforce Investment Act (WIA) program services delivery in Fiscal Year 2012-2013, and authorize the HHSA Director to sign any future amendments to the contract that do not increase the annual maximum amount.

(h)        Approval of the Replacement of Damaged Carpet in the Health & Human Services Agency (HHSA) Social Services Branch North Yokayo Facility Main Hallway at 737 S. State Street, Ukiah; and Approve the Appropriation Transfer of Funds, Increasing Funds and Revenue in Budget Unit 1710; Line-Item 1710-864360 and Revenue Line-Item 1710-827802 in the Amount of $13,000

Recommended Action/Motion: Approve the replacement of damaged carpet in North Yokayo main hallway at 737 S. State Street, Ukiah and approve the execution of the Appropriation Transfer of Funds, increasing funds and revenue in Budget Unit 1710; line-item 1710-864360 and revenue line-item 1710-827802 in the amount of $13,000.

PLANNING AND BUILDING SERVICES

(i)          Adoption of Private Road Name Petition #RN 1-2013 - Old GP Road, Fort Bragg

Recommended Action/Motion: Finding Private Road Name Petition RN 1-2013 to be in conformance with Mendocino County Code 18.16.070, the Board of Supervisors approves and adopts "Old GP Road" as the name for this private road and directs the Department of Planning and Building Services to assign the proper addresses.

SHERIFF-CORONER

(j)          Approval of Purchase of One (1) ICOP iVault MMS Server, Necessary Accessories for Redundant Storage to Replace Existing Server that has Failed, and One (1) Day of On-site Training for a Total Amount of $17,371; Authorization of the Sheriff to Sign the ICOP Agreement and any Subsequent Documents to Complete the Purchase; Approval of Addition of the Server to the County's Approved List of Fixed Assets; and Approval of Related Budget Transfer

Recommended Action/Motion: Approve the purchase of one (1) ICOP iVault MMS Server, necessary accessories for redundant storage to replace existing failed server, and one (1) day of on-site training; authorize the Sheriff to sign the ICOP agreement and any associated documents required to complete the purchase; approve the addition of the system to County's Approved List of Fixed Assets; and approve the related budget transfer.

TRANSPORTATION

(k)        Adoption of Resolution Approving Award of Department of Transportation Agreement No. 120059, Annual Professional Services Agreement, with Redwood Empire Title Company of Mendocino County for Title and Escrow Services for Various County Road Improvement Projects (County-wide)

Recommended Action/Motion: By Resolution, approve the proposed Agreement with Redwood Empire Title Company of Mendocino County and authorize and direct Board Chair to execute DOT Agreement No. 120059 on behalf of Mendocino County.

(l)          Adoption of Resolution Approving Release of Contract Surety, 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 Resolution, authorize release of the Contract Surety pursuant to applicable terms and conditions specified.

(m)      Adoption of Resolution Approving Release of Contract Surety, Department of Transportation Contract No. 120008, Feliz Creek Dam Removal (Hopland Area)

Recommended Action/Motion: By Resolution, authorize release of the Contract Surety pursuant to applicable terms and conditions specified.

(n)        Adoption of Resolution Authorizing Department of Transportation Advertisement for Bids and Award of Eleven Contracts to Construct 2011 Storm Damage Repairs on Comptche Ukiah Road, CR 223, at M.P. 20.80; Comptche Ukiah Road, CR 223, M.P. 8.25 and M.P. 8.50; Mountain View Road, CR 510, at M.P. 14.04, M.P. 14.51, M.P. 15.36, M.P. 15.40, and M.P. 20.59; Branscomb Road, CR 429, at M.P. 17.30; and Bell Springs Road, CR 324, at M.P. 17.64 and M.P. 17.67 (Comptche, Boonville, Laytonville, and Bell Springs Area)

Recommended Action/Motion: By Resolution, authorize/direct the Director of Transportation to sign the plans for, advertise for construction, and award these eleven Department of Transportation contracts for Storm Damage Repairs.

(o)        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).

(p)        Adoption of Resolution Establishing the Total Mileage of County Maintained Roads as of December 31, 2012 (County-wide)

Recommended Action/Motion: By Resolution establish the total mileage of County Maintained Roads at 1,013.75 miles as of December 31, 2012.

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