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

July 30, 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.

9:10 a.m.:    Approval of Letter to Northwest Atlantic (Real Estate Services) and DDR Corp. to Facilitate a Meeting to Revisit the DDR Property as a Potential Site for a New Retail Store (See Item No. 6b)

9:30 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. 5e)

1:30 p.m.:    Consideration of a General Plan Amendment, Rezoning and Minor Subdivision to Create a 10-Acre Rural Residential Parcel from an Existing 136-Acre Timberland Production Parcel (Caspar Area) (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.

(a)         Adoption of Proclamation Honoring the Life of Kyle Robert Hardman and His Selfless Act of Bravery (Sponsor: Supervisor McCowen)

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

PLANNING AND BUILDING SERVICES

(c)         Adoption of an Ordinance Amending Ordinance Number 4254 from a Contract Rezone to a Rezone (Redwood Valley Area)

Recommended Action/Motion: Adopt amended Ordinance No. 4254 and approve the rezone of APNs 163-131-02 and 163-131-03 from RR:1 to I-1 and remove Exhibit C from the Ordinance.

(d)        Consideration of a General Plan Amendment, Rezoning and Minor Subdivision to Create a 10-Acre Rural Residential Parcel from an Existing 136-Acre Timberland Production Parcel (Caspar Area)

Recommended Action/Motion: Deny the request for the General Plan Land Use Reclassification (GP 2-2010), Rezoning (R 2-2010) and a two (2) parcel minor subdivision (CDMS 5-2010).

(e)        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) (Sponsors: Planning and Building Services and County Counsel)

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

SOLID WASTE

(f)          Introduction and Waive Reading of an Ordinance Amending Chapter 9A.16 of the Mendocino County Code (Containers)

Recommended Action/Motion: Introduce and waive the reading of Ordinance amending Chapter 9A.16 of the Mendocino County Code.

TRANSPORTATION

(g)        Transportation 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 Regarding Board Special Assignments, Standing and Ad Hoc Committee Meetings, and Other Items of General Interest

(b)        Approval of Letter to Northwest Atlantic (Real Estate Services) and DDR Corp. to Facilitate a Meeting to Revisit the DDR Property as a Potential Site for a New Retail Store (Sponsor: Supervisor Pinches)

Recommended Action/Motion: Approve the letter to Northwest Atlantic (Real Estate Services) and DDR Corp.'s Development Division to arrange a meeting between the two parties and the County to revisit the potential use of the DDR property as a location for a new retail store.

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, Tammi Weselsky, 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.

(a)         State of California, Department of Fish and Wildlife - Notice of proposed rulemaking regarding permitting of mountain lion carcasses or products or parts thereof; additional information may be found online at www.dfg.ca.gov/news/pubnotice/regulations.html, or by contacting Eric Loft via phone at (916) 445-3555, or via email at wildlifemgt@wildlife.ca.gov.

(b)         State of California, Department of Fish and Wildlife - Confirmation that the County of Mendocino has fulfilled its primary mitigation obligation related to the Helman Dam removal project (Feliz Creek); remaining tasks involve post-dam removal site monitoring and revegetation through 2017; for additional information, please contact Scott Downie, Senior Environmental Scientist, at (707) 725-1070, or vial email at scott.downie@wildlife.ca.gov.

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 Paul W. DeVaul

(b)        Claim of Wilma Frazier

(c)         Claim of Louise Phillips

(d)        Claim of Edith Viera (AAA Subrogee)

Items Recommended for Approval:

MINUTES

(e)        July 15, 2013, Regular Board Meeting Minutes

(f)          July 16, 2013, Regular Board Meeting Minutes

ASSESSOR/CLERK-RECORDER

(g)        Authorization for the County Clerk to Conduct a Special Election for Little Lake Fire Protection District, Consolidating "Measure I" with the CONSOLIDATED DISTRICT ELECTION, Scheduled for Tuesday, November 5, 2013

Recommended Action/Motion: Authorize the County Clerk to conduct and consolidate the Special Election, with the CONSOLIDATED DISTRICT ELECTION scheduled for Tuesday, November 5, 2013.

AUDITOR-CONTROLLER

(h)        Adoption of Resolution Approving a Temporary Loan/Advance for Mendocino Coast Recreation and Park District

Recommended Action/Motion: Approve district's request for temporary loan of $388,469 from their 2013-14 tax revenues, and authorize chair to sign Resolution.

COUNTY COUNSEL

(i)          Adoption of an Ordinance Amending Chapter 5.150 of the Mendocino County Code - Assessment Appeals Board

Recommended Action/Motion: Adopt the Ordinance amending Chapter 5.150 of the Mendocino County Code - Assessment Appeals Board, and authorize the Chair to sign same.

(j)          Adoption of an Ordinance Repealing Chapter 5.96 of Title 5 of the Mendocino County Code - Board of Equalization Fees

Recommended Action/Motion: Adopt the Ordinance Repealing Chapter 5.96 of Title 5 of the Mendocino County Code in its entirety, and authorize the Chair to sign same.

EXECUTIVE OFFICE

(k)        Adoption of the Mendocino County Assessment Appeals Board Local Rules for 2013/2014

Recommended Action/Motion: Adopt the 2013/2014 Local Rules for the Mendocino County Assessment Appeals Board.

(l)          Approval of the Disbanding of the Board of Supervisors Mental Health Court Planning Ad Hoc Committee

Recommended Action/Motion: Approve the disbanding of the Board ad hoc committee tasked with participating in the planning of a Mental Health Court.

HEALTH AND HUMAN SERVICES AGENCY

(m)      Acceptance of Informational Report on Public Health Services Activities in the County's Tobacco Retail Licensing Ordinance Program

Recommended Action/Motion: Receive and accept informational report on Public Health Services activities in the County's Tobacco Retail Licensing Ordinance Program.

(n)        Adoption of an Ordinance Amending Mendocino County Code Chapter 8.69, County Commission on Medical Care, Sections 8.69.030 and 8.69.040

Recommended Action/Motion: Adopt the Ordinance amending Mendocino County Code Chapter 8.69, County Commission on Medical Care, Sections 8.69.030 and 8.69.040, and authorize the Chair to sign same.

(o)        Approval of Agreement with the Mendocino Private Industry Council, Inc. (MPIC) in the Amount of $362,443 to Provide Employment and Training Services to Dislocated Workers from Specific Businesses, Retroactive to April 1, 2013, Ending June 30, 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 $362,443 to Provide Employment and Training Services to Dislocated Workers from specific businesses, retroactive to April 1, 2013, ending June 30, 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 and; Authorize the HHSA Director to sign any future amendments to the agreement that do not affect the annual maximum amount.

(p)        Approval of Amendment to BOS Agreement No.13-006A1 with Creekside Convalescent Hospital, Increasing Agreement Amount by $30,000 for a New Total Agreement of $132,565; Approval of a 90 Day Extension of Termination Date to Allow for Transition of Services to the Mental Health Plan Contractor for Continuance of Services to Current Mental Health Clients Receiving Services

Recommended Action/Motion: Approve and authorize the Board Chair to sign amendment to BOS agreement 13-006A1 increasing agreement amount by $30,000 for a new total agreement amount of $132,565 with Creekside Convalescent Hospital; Approve a 90 day extension of termination date to allow for transition of services to the mental health plan contractor for continuance of services to current mental health clients receiving services; and authorize the Health and Human Services Agency Director to sign any future amendments to the agreement that do not affect the maximum allowable amount.

HUMAN RESOURCES

(q)        Adoption of Resolution Authorizing Changes to the Position Allocation Table as Follows:  Budget Unit 1610; Add, One (1) FTE Assistant Facility Manager

Recommended Action/Motion: It is recommended the Board adopt the Resolution authorizing changes to the Position Allocation Table as follows:  Budget Unit 1610; Add, One (1) FTE Assistant Facility Manager and authorize Chair to sign same.

(r)         Adoption of Resolution Authorizing Changes to the Position Allocation Table as Follows:  Move, Nine (9) FTE Deputy Sheriff Coroner II from Budget Unit 2510, Jail, to Budget Unit 2310, Sheriff; Delete, One (1) FTE Sheriff's Lieutenant from Budget Unit 2510, Jail; Add One (1) FTE Sheriff's Sergeant to Budget Unit 2310, Sheriff

Recommended Action/Motion: It is recommended the Board adopt the Resolution authorizing changes to the Position Allocation Table as follows: Move, nine (9) FTE Deputy Sheriff Coroner II from Budget Unit 2510, to Budget Unit 2310; Delete, one (1) FTE Sheriff's Lieutenant from Budget Unit 2510; Add one (1) FTE Sheriff's Sergeant to Budget Unit 2310 and authorize Chair to sign same.

PLANNING AND BUILDING SERVICES

(s)         Approval of Agreement with the Mendocino County Lodging Association (MCLA) for the Services, Activities, and Programs of the Mendocino County Lodging Business Improvement District (BID)

Recommended Action/Motion: Approve the agreement with the Mendocino County Lodging Association for the services, activities, and programs of the Mendocino County Lodging Business Improvement District; authorize Chair to sign same.

(t)          Approval of Agreement with the Mendocino County Promotional Alliance (MCPA) for the Promotion and Marketing of Mendocino County, in an Amount Estimated at $325,000

Recommended Action/Motion: Approve the Agreement with the Mendocino County Promotional Alliance, for the promotion and marketing of Mendocino County, in an amount estimated at $325,000, and authorize Chair to sign same.

SHERIFF-CORONER

(u)        Approval of the Sheriff's Office/Office of Emergency Services' Submission of a Grant Application for the 2013 Homeland Security Grant Program (HSGP) with the California Office of Emergency Services, and Adoption of Corresponding Resolution for Signature Authority

Recommended Action/Motion: Approve submission of the grant application to the California Emergency Management Agency for the 2013 Homeland Security Grant Program (HSGP); adopt the Resolution authorizing the Sheriff (Primary), acting Public Health Director (Secondary), and the Ukiah Police Chief (Secondary) to execute for, or on behalf of, the County of Mendocino any actions necessary for the administration of the Federal Department of Homeland Security Grants for FY 2013; and authorize the Chair to sign same.

TRANSPORTATION

(v)        Approval of Notice of Completion, Department of Transportation Contract No. 120056, Construction and Revitalization of Mendocino College Gateway Area on North State Street, CR 104, at M.P. 1.44 (Ukiah 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. 120056 with the County Recorder.

TREASURER-TAX COLLECTOR

(w)       Approval of Outdoor Festival Application and Authorization of Tax Collector to Issue License for the Art in the Redwoods Festival, to be Held August 15-18, 2013 in Gualala, California

Recommended Action/Motion: Approve Outdoor Festival Application and Authorize Tax Collector to Issue License for the Art in the Redwoods Festival, to be Held August 15-18, 2013 in Gualala, California

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