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 (Amended)

 

Regular Meeting

June 18, 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.

9:45 a.m.:    Presentation of the Mendocino County Mental Health Board's Annual Report for Fiscal Year 2012/13 (See Item No. 5d)

10:00 a.m.: Discussion and Possible Action Regarding Mendocino County's Storm Water Management Program and the State Water Resources Control Board Phase II Municipal Separate Storm Sewer System (MS4) General Permit (See Item No. 5f)

10:45 a.m.: Introduction and Waive Reading of an Ordinance Amending Chapter 16.30 of the Mendocino County Code (Stormwater Runoff Pollution Prevention Procedure Ordinance) Pursuant to Categorical Exemption (Cal. Code Regs., tit. 14, §15307) (See Item No. 5c)

1:30 p.m.:    Noticed Public Hearing - Discussion and Possible Action on Appeal of Zoning Administrator's Decision to Approve Minor Use Permit No. U 5-2013 for the Northern Nights Music Festival - Cooks Valley (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.

(a)        Adoption of Proclamation Recognizing the Graduates of the Leadership Mendocino Class XX (Sponsor: Supervisor Brown)

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.

COUNTY COUNSEL

(c)         Introduction and Waive Reading of an Ordinance Amending Chapter 16.30 of the Mendocino County Code (Stormwater Runoff Pollution Prevention Procedure Ordinance) Pursuant to Categorical Exemption (Cal. Code Regs., tit. 14, §15307)

Recommended Action/Motion: Introduction and waive the reading of an Ordinance amending Chapter 16.30 of the Mendocino County Code.

HEALTH AND HUMAN SERVICES AGENCY

(d)        Presentation of the Mendocino County Mental Health Board's Annual Report for Fiscal Year 2012/13

Recommended Action/Motion: Accept the presentation of the Mendocino County Mental Health Board's annual report for fiscal year 2012/13.

(e)         Informational Presentation of the Health and Human Services Agency Prevention and Planning Unit's Health Impact Assessment on Alcohol Outlet Density

Recommended Action/Motion: Receive and accept information contained in Public Health's Prevention and Planning Unit informational presentation on the health impacts of high alcohol outlet density.

PLANNING AND BUILDING SERVICES

(f)          Discussion and Possible Action Regarding Mendocino County's Storm Water Management Program and the State Water Resources Control Board Phase II Municipal Separate Storm Sewer System (MS4) General Permit

Recommended Action/Motion: Authorize the CEO to submit the Notice of Intent to the State Water Resources Control Board for permit coverage under the renewed Phase II Small MS4 General Permit.

(g)        Noticed Public Hearing - Discussion and Possible Action on Appeal of Zoning Administrator's Decision to Approve Minor Use Permit No. U 5-2013 for the Northern Nights Music Festival - Cooks Valley

Recommended Action/Motion: Uphold the Zoning Administrator's decision and approves Use Permit No. U 5-2013 making the findings as found in the staff report and amended by the Zoning Administrator.

TREASURER-TAX COLLECTOR

(h)        Approval of Outdoor Festival Application and Authorization of Tax Collector to Issue License for the Northern Nights Music Festival, to be Held July 19-21, 2013 at the Cooks Valley Campground in Piercy, California

Recommended Action/Motion: Approve the Outdoor Festival application for the Northern Nights Music Festival and authorize the Tax Collector to issue the Outdoor Festival license.

BOARD OF SUPERVISORS AND MISCELLANEOUS

6.    Board of Supervisors And Miscellaneous                                                                                     

(a)        Supervisors' Reports Regarding Board Special Assignments, Standing and Ad Hoc Committee Meetings, and Other Items of General Interest

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.

(a)        Approval of Revenue Agreement and Accompanying Resolution with the California Department of Health Care Services in the Amount of $8,113,337,000 State-wide to Provide or Arrange for the Provision of Specialty Mental Health Services to Medi-Cal Beneficiaries of Mendocino County for the Period of May 1, 2013, through June 30, 2018

Recommended Action/Motion: Authorize and approve revenue agreement and resolution between the County of Mendocino and the California Department of Health Care Services to provide Specialty Mental Health Services to the Medi-Cal beneficiaries of Mendocino County for the period starting May 1, 2013 through June 30, 2018; and authorize the HHSA Assistant Director over Behavioral Health and Recovery Services Branch to sign and execute any future amendments thereto that do not increase the maximum total.

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)(1) - Conference with Legal Counsel - Existing Litigation: City of Ukiah, City of Fort Bragg and City of Willits, Petitioners v. County of Mendocino, Meredith J. Ford in her official capacity as the Auditor-Controller of Mendocino County and Does 1-10; Superior Court Case No. UK DVPT1362029

(c)         Pursuant to Government Code Section 54956.9(d)(1) - Conference with Legal Counsel - Existing Litigation: Daniel E. Hamburg v. County of Mendocino; Superior Court Case No. SCUK-CVPB-13-26080

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 Daniel E. Hamburg

Items Recommended for Approval:

AGRICULTURE

(b)        Approval of Amendment to BOS Agreement No. 13-011 with the California Department of Food and Agriculture (CDFA), which Provides Reimbursement for European Grapevine Moth (EGVM) Trapping Activities, Increasing the Contract Amount from $125,468.00 to $126,125.00

Recommended Action/Motion: Approve amendment to BOS Agreement No. 13-011, increasing the contract amount from $125,468.00 to $126,125.00 authorizing chair to sign said amendment.

ASSESSOR/CLERK-RECORDER

(c)         Approval of Appointments-In-Lieu of Election for the August 27, 2013, Special District Election

Recommended Action/Motion: Approve the Appointments-In-Lieu of Election for all candidates who filed for the Mendocino County Waterworks District II, Westport County Water District and Irish Beach Water Districts, and further authorize additional appointments of qualified persons be made when there are sufficient candidates.

AUDITOR-CONTROLLER

(d)        Approval of the 2013-14 Recommended Budget per the Auditor's Summary Tabulation Sheet

Recommended Action/Motion: Approve the CEO Recommended Budget per the Auditor's summary tabulation sheet.

BOARD OF SUPERVISORS

(e)         Adoption of Resolution in Support of the Mendocino Land Trust's Purchase of an Agricultural Conservation Easement with Grant Funding from the California Farmland Conservancy Program (Sponsors: Supervisors Brown and McCowen)

Recommended Action/Motion: Adopt the Resolution in support of the MLT's purchase of an agricultural conservation easement with grant funding from the California Farmland Conservancy Program.

DISTRICT ATTORNEY

(f)          Adoption of Resolution Authorizing the Submittal of a Grant Application to Cal EMA for the Victim Witness Assistance Program for the Grant Period July 1, 2013, through June 30, 2014

Recommended Action/Motion: Adopt the Resolution authorizing the submittal of a grant application to Cal EMA for the Victim Witness Assistance Program for the grant period July 1, 2013, through June 30, 2014.

GENERAL SERVICES AGENCY

(g)        Authorization to Acquire a Replacement Vehicle for the Department of Transportation (Fixed Asset) Due to a Vehicle Collision, Approval of a Request for an Increase in Appropriations and Revenue in the Vehicle Replacement Fund Budget Unit 0711, Line Items 864370 and 826410 in the amount of $124,013.07 and  Approval of a Revised Fixed Asset Schedule as an Amendment to the FY 12/13 Budget

Recommended Action/Motion: The Board of Supervisors hereby authorizes the acquisition of a replacement vehicle for the Department of Transportation (Fixed Asset) due to a vehicle collision, approves a Request for an Increase in Appropriations and Revenue in the Vehicle Replacement Fund Budget Unit 0711, Line Items 864370 and 826410 in the amount of $124,013.07 and approves a revised Fixed Asset Schedule as an Amendment to the FY 12/13 Budget.

HEALTH AND HUMAN SERVICES AGENCY

(h)        Approval of Agreement with the Mendocino Private Industry Council, Inc., (MPIC) in the Amount of $797,852 to Provide Employment and Training Services to Adults, Dislocated Workers, Youth and Businesses in Fiscal Year 2013/2014 Services are to be Performed Per the Workforce Investment Act (WIA) on Behalf of the Workforce Investment Board (WIB)

Recommended Action/Motion: Approve and authorize the Board Chair to sign the agreement with the Mendocino Private Industry Council, Inc., (MPIC) in the amount of $797,852 to provide employment and training services to adults, dislocated workers, youth and businesses in fiscal year 2013/2014.  Services are to be performed per the Workforce Investment Act (WIA) on behalf of the Workforce Investment Board (WIB) - Health and Human Services Agency -Social Services Branch.  Authorize the HHSA Director to sign any future amendments to the agreement that do not increase the annual maximum amount.

(i)          Approval of Agreement with Timothy Jackinsky, NP, in the Amount of $99,840 to Provide Medication Support and Quality Assurance Consultation Services in Fiscal Year 2013/2014

Recommended Action/Motion: Approve and authorize the Board Chair to sign agreement with Timothy Jackinsky, NP, in the amount of $99,840 to provide medication support and quality assurance consultation services in fiscal year 2013/2014; and authorize the Health and Human Service Agency Director to sign any future amendments to the agreement that do not increase the annual maximum amount.

(j)          Approval of Amendment to BOS Agreement No. 12-077 with Willow Glen Care Center Increasing Agreement Amount by $100,000 for a New Total Agreement of $350,000 to Provide Residential Care Services to Adults with Mental Illness for Fiscal Year 2012/2013

Recommended Action/Motion: Approve and authorize the Board Chair to sign amendment to BOS Agreement No. 12-077 increasing agreement amount by $100,000 for a new total agreement amount of $350,000 with Willow Glen Care Center in Willits to provide residential treatment for adults for the remainder of fiscal year 2012/2013; and authorize the Health and Human Service Agency Director to sign any future amendments to the agreement that do not affect the maximum allowable amount.

(k)        Approval of Amendment to BOS Agreement No. 12-095 with Crestwood Behavioral Health Inc., (Sacramento, CA) Increasing Agreement Amount by $100,000 for a New Total Agreement of $450,000 to Provide Residential Care Services to Adults with Mental Illness for Fiscal Year 2012/2013

Recommended Action/Motion: Approve and authorize the Board Chair to sign amendment to BOS agreement 12-095 increasing agreement amount by $100,000 for a new total agreement amount of $450,000 with Crestwood Behavioral Health, Inc. to provide residential treatment for adults for the remainder of fiscal year 2012/2013; and authorize the Health and Human Service Agency Director to sign any future amendments to the agreement that do not affect the maximum allowable amount.

(l)          Approval of Amendment to BOS Agreement No. 13-006 with Creekside Convalescent Hospital (Santa Rosa, CA) Increasing Agreement Amount by $10,000 for a New Total Agreement of $102,565 to Provide Residential Treatment Program to Mental Health Clients in Fiscal Year 2012/13

Recommended Action/Motion: Approve and authorize the Board Chair to sign amendment to BOS agreement number 13-006 increasing agreement amount by $10,000 for a new total agreement amount of $102,565 to provide residential treatment program to mental health clients 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.

(m)      Approval of Personal Services Agreement with John Garratt, M.D., in the Amount of $98,800 to Provide Psychiatric Services in Fiscal Year 2013/2014

Recommended Action/Motion: Approve and authorize the Board Chair to sign personal services agreement with John Garratt, M.D., in the amount of $98,800 to provide psychiatric services in fiscal year 2013/2014; and authorize the Health and Human Services Agency Director to sign any future amendments to the agreement that do not increase the annual maximum amount.

(n)        Approval of Second Amended Agreement with Women's Recovery Association. Inc. (Burlingame, CA) to Increase the Agreement Amount by $50,000 for a New Total of $100,000,  to Provide Residential Substance Abuse Treatment for the Mendocino County Dependency Drug Court Grant as Outlined and Provided for in the Grant in Fiscal Year 2012/2013, for Health & Human Services Agency  Children and Family System of Care

Recommended Action/Motion: Approve and authorize the Board Chair to sign second amended agreement with  Women's Recovery Association to increase the agreement amount by $50,000 for a new total of $100,000 to provide residential substance abuse treatment for the Mendocino County Dependency Drug Court Grant as outlined and provided for in the Grant in fiscal year 2012/2013 for HHSA Children and Family System of Care, and authorize the HHSA Director or designee to sign any future amendments to the contract that do not increase the annual maximum amount of this agreement.

HUMAN RESOURCES

(o)        Adoption of Resolution Authorizing Changes to the Position Allocation Table as Approved in the Fiscal Year 2013-14 Recommended Budget

Recommended Action/Motion: It is recommended the Board adopt the Resolution authorizing amendments to the Position Allocation Table, per Attachment A, as approved in the fiscal year 2013-14 Recommended Budget and authorize Chair to sign same.

TRANSPORTATION

(p)        Adoption of Resolution Authorizing Department of Transportation Advertisement for Bids and Award of Department of Transportation Contract No. 130010 for 2013 Fish Rock Road Sediment Reduction Project, CR 122, at Multiple Locations (Anchor Bay to Yorkville Area)

Recommended Action/Motion: By Resolution, authorize/direct the Director of Transportation to advertise for construction bids and award Department of Transportation Contract No. 130010 for 2013 Fish Rock Road Sediment Reduction Project, CR 122, at multiple locations.

TREASURER-TAX COLLECTOR

(q)        Acceptance of Information Regarding the Redwood Run 2013 Application for Outdoor Festival License, Sponsored by the Kiwanis of the Redwoods, Held June 7-9, 2013

Recommended Action/Motion: Accept information provided in the application for Outdoor Festival license for the annual Redwood Run 2013.

(r)         Approval of Extension of Agreement with Court Appointed Special Advocate of Mendocino County (CASA) for Advocacy Services

Recommended Action/Motion: Approve the extension of the term of agreement between the County and CASA to provide advocacy services through June 30, 2014.

(s)         Approval of Outdoor Festival Application and Authorization of Tax Collector to Issue License for the Enchanted Forest Festival, to be Held June 28-July 1, 2013 in Navarro, California

Recommended Action/Motion: Approve the Outdoor Festival application for the Enchanted Forest Festival and authorize the Tax Collector to issue the Outdoor Festival license.

(t)          Approval of Outdoor Festival Application and Authorization of Tax Collector to Issue License for the Kate Wolf Music Festival, to be Held June 28-30, 2013 at the Black Oak Ranch in Laytonville, California

Recommended Action/Motion: Approve the Outdoor Festival application for the Kate Wolf Music Festival and authorize the Tax Collector to issue the Outdoor Festival license.

(u)        Approval of Outdoor Festival Application and Authorization of Tax Collector to Issue License for the Mendocino Music Festival, to be Held July 13-27, 2013 in Mendocino at Headlands State Park

Recommended Action/Motion: Approve the Outdoor Festival application for the Mendocino Music Festival and authorize the Tax Collector to issue the Outdoor Festival license.

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