Carre Brown 1st District Supervisor Vice-Chair |
John McCowen 2nd District Supervisor |
John Pinches 3rd District Supervisor Chair |
Dan GJerde 4th District Supervisor |
DAN 5th District Supervisor |
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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
11, 2014 – 9:00 AM Board
Chambers, Room 1070, County Administration Center |
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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
Please note that
all times provided are considered approximate.
1:30 p.m.: Noticed Public Hearing - Adoption of
Resolution Authorizing a Mitigated Negative Declaration in Compliance with CEQA
Requirements for the Replacement of Bridge No. 10C-0113 on East Hill Road, CR
301, M.P. 2.01 over Davis Creek (Willits Area) (See Item No. 5g)
1:45 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 Fiscal Year (FY) 2013-2014 (See Item No. 5c)
1. Open Session
(a)
Roll Call
(b)
Pledge of Allegiance
2. Proclamations
Items in this
section are automatically adopted unless specifically pulled by a Supervisor.
Proclamations may be presented or commented on as needed.
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
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
5. County Executive Office and Departmental Matters
EXECUTIVE
OFFICE
(a)
Chief
Executive Officer's Report
(Available Online
at: http://www.co.mendocino.ca.us/administration/CEOReports.htm)
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.
Recommended Action/Motion: Accept the Second Quarter
Mid-Year Budget Report on the status of departmental spending and revenues for
FY 2013-2014 and approve Executive Office recommendations.
HEALTH AND
HUMAN SERVICES AGENCY
Recommended Action/Motion: Accept the informational
presentation.
Recommended Action/Motion: Accept the presentation and
discussion regarding the 2-1-1 Mendocino Re-launch, and adjourn to Conference
Room B for a luncheon provided by the 2-1-1 Steering Committee.
TRANSPORTATION
(f)
Transportation
Director's Report
Recommended Action/Motion: Accept the report of the
Transportation Director.
Recommended Action/Motion: Conduct the public hearing and,
by Resolution, adopt a Mitigated Negative Declaration for the project and
authorize the Director of Transportation to file the Notice of Determination.
6. Board of Supervisors And Miscellaneous
Recommended Action/Motion: Accept the report from the
Drought Ad Hoc Committee.
(c)
Introduction and
Waive Reading of Ordinance Amending Chapter 9.41 of the Mendocino County Code
Concerning Single-Use Carryout Bags by Retail Establishments, Which Would
Include Restaurants in the Application of the Chapter (Sponsors: Supervisors McCowen and Hamburg)
Recommended Action/Motion: Introduce and waive the reading
of the Ordinance amending Chapter 9.41 of Mendocino County Code.
Recommended Action/Motion: Approve the request for direct
review, finding the subject project to provide a special contribution to the
County's general welfare and economic wellbeing through its support of
necessary government services and countywide infrastructure improvements, per
Chapter 2.54 of the Mendocino County Code.
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.
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(a) - Conference with Legal Counsel -
Existing Litigation: City of Ukiah, Successor Agency to the Ukiah Redevelopment
Agency, Daniel Peterson and Kenneth Fowler v. Michael Cohen, State Director of
Department of Finance, Meredith D. Ford, Mendocino County Auditor-Controller et
al.; Sacramento County Superior Court Case No 34-2014 8000 1744
(c)
Pursuant
to Government Code Section 54956.9(a) - Conference with Legal Counsel - Existing
Litigation: County of Mendocino vs. Solid Waste Systems; Mendocino County
Superior Court Case No. SCUK-CVG 11
59459
(d)
Pursuant
to Government Code Section 54956.9(a) - Conference with Legal Counsel -
Existing Litigation: Dotty Coplen, et al. v. County of Mendocino; Mendocino
County Superior Court Case No. SCUK-CVPT-08-52268
(e)
Pursuant
to Government Code Section 54956.9d(2) - Conference with Legal Counsel -
Anticipated Litigation: Significant Exposure to Litigation - One Case
(f)
Pursuant
to Government Code Section 54957 - Public Employee Performance Evaluation -
Agricultural Commissioner/Sealer of Weights and Measures
(g)
Pursuant
to Government Code Section 54957 - Public Employee Performance Evaluation -
County Counsel
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 Water Resources Control Board
- Notice of a temporary urgency change petition filed by California Department
of Water Resources and the United States Bureau of Reclamation regarding
permits and license of the State Water Project and the Central Valley Project;
additional information may be obtained by contacting Michael Buckman at (916)
341-5448, or via email at Michael.Buckman@waterboards.ca.gov, or by visiting www.waterboards.ca.gov/
waterrights/water_issues/programs/drought/tucp.shtml.
(b)
State Water Resources Control
Board - Notice of public workshop related to the temporary urgency change
petition for the the Central Valley and State Water Projects and other State
Water Board drought activities and actions; additional information may be
obtained by contacting Jean McCue, Water Resource Control Engineer, at (916)
341-5351, or via email at Jean.McCue@waterboards.ca.gov, or by visiting www.waterboards.ca.gov/waterrights/
water_issues/programs/drought/index.shtml.
(c)
Governor's Office of Emergency
Services (Cal OES) - Notice of the U.S. Department of Agriculture's January 23,
2014, Secretarial disaster designation for the primary counties of Butte,
Colusa, Glenn, Humboldt, Lake, Lassen, Marin, Mendocino, Modoc, Napa, Nevada,
Orange, Placer, Plumas, San Mateo, Santa Cruz, Shasta, Sierra, Siskiyou,
Solano, Sonoma, Sutter, Tehama, Trinity, Yolo, Yuba, and the contiguous
counties of Alameda, Contra Costa, Del Norte, El Dorado, Los Angeles, Monterey,
Riverside, Sacramento, San Benito, San Bernardino, San Diego, San Francisco,
and Santa Clara; for additional information, please contact Cal OES at (916)
845-8149.
(d)
California Department of Fish and
Wildlife - Notice of initiation of status review of the Northern spotted owl,
and solicitation of data and comments on the petitioned action from interested
and affected parties; for additional information, please contact Neil
Clipperton at (916) 445-9753, or via email at wildlifemgt@wildlife.ca.gov, or
by visiting www.dfg.ca.gov/biogeodata/cnddb/spotted_owl_info.asp.
(e)
State of California Wildlife
Conservation Board - Notice of consideration of assignment of a conservation
easement by The Conservation Fund to CAL FIRE of over 49,500 +/- acres of land
for the protection of forest lands and aquatic resources located in Mendocino
County; for additional information, please contact Mr. John P. Donnelly at
(916) 445-0137, or visit www.wcb.ca.gov.
(f)
State of California Fish and Game
Commission - Notice of proposed regulatory action relative to amending sections
360 - 364, Title 14, California Code of Regulations, relating to mammal hunting
regulations for the 2014-2015 season; for additional information, please
contact Mr. Craig Stowers, Department of Fish and Wildlife, at (916) 445-3553,
or visit www.fgc.ca.gov.
(g)
State of California Fish and Game
Commission - Notice of proposed regulatory action relative to Section 632,
Title 14, California Code of Regulations, relating to marine protected areas;
for additional information, please contact Dr. Craig Shuman, Regional Manager
of the Marine Region, at (805) 568-1246, or visit www.fgc.ca.gov.
(h)
State of California Fish and Game
Commission - Notice of proposed regulatory action relative to subsections (c)
and (e) of Section 27.80, Title 14, California Code of Regulations, relating to
ocean salmon sport fishing; for additional information, please contact Dr.
Craig Shuman, Regional Manager of the Marine Region, at (805) 568-1246, or
visit www.fgc.ca.gov.
(i)
State of California Fish and Game
Commission - Notice of proposed regulatory action relative to subsection
(b)(91.1) of Section 7.50, Title 14, California Code of Regulations, relating
to Klamath/Trinity rivers sport fishing; for additional information, please
contact Mr. Stafford Lehr, Chief of Fisheries Branch, Department of Fish and
Wildlife, at (916) 327-8840, or visit www.fgc.ca.gov.
(j)
Mendocino County Health and Human
Services Agency - Mendocino County Jail Inspection Report.
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)
January 7,
2014, Regular Board Meeting
(b)
January 21,
2014, Regular Board Meeting
APPOINTMENTS
(c)
Approval of
Recommended Appointments/Reappointments
Recommended Action/Motion: Approve the following
appointments/reappointments:
Board or Commission |
Appointee |
Category |
Area
Agency on Aging Governing Board |
Gerald
Cheney |
At-Large
Member |
Gualala
Municipal Advisory Council |
Julie
Ann Verran |
Member |
Little
River Airport Advisory Committee |
William
Heil |
Non-Pilot |
Mendocino
Council of Governments |
Susan
Ranochack |
At-Large
County Representative |
Mendocino
County Archaeological Commission |
*Lois
Lockart |
Alternate
Member |
Mendocino
County Archaeological Commission |
Allison
Scott |
Native
American Representative |
Westport
County Water District |
**Steve
Cardullo |
Long-Term
Director |
Workforce
Investment Board |
***Jim
Wright |
Member
#28/Mandatory M-10 |
* Appointment of Lois Lockart includes
waiver of board policy regarding the professional training requirement for
the Alternate Member position to the Mendocino County Archaeological
Commission (Section 22.12.040(6) of
the Commission’s founding Ordinance) ** Appointment of Steve Cardullo is made
in-lieu of election *** Appointment of Jim Wright includes a waiver
of voter registration/residency as Mr. Wright is a Sonoma County resident |
BOARD OF
SUPERVISORS
Recommended Action/Motion: Approve the letter to the U.S.
Coast Guard as submitted, authorizing the Chair to sign same.
Recommended Action/Motion: Ratify the letter of support
sent on January 21, 2014 supporting the continuation of the
Payments-in-Lieu-of-Taxes (PILT) program in the FY 2014 Farm Bill.
Recommended Action/Motion: Ratify the letter of support
sent on January 23, 2014 supporting the continuation of an existing exemption
for licensed carriers of livestock from certain limitations on access to
Highway 101.
EXECUTIVE
OFFICE
(g)
Adoption
of a Resolution Renewing the Declaration of a Local Emergency and Extending the
Existence of a Local Emergency Due to Drought Conditions and Imminent Threat of
Disaster in Mendocino County Pursuant to Resolution Nos. 14-007 and 14-008 (Sponsors: Executive Office and Sheriff's
Office)
Recommended Action/Motion: Adopt a Resolution renewing
Mendocino County's declaration of a local emergency and extending the existing
local emergency due to drought conditions.
Recommended Action/Motion: Approve the disbanding of the
Board of Supervisors’ Clean Energy Program and 2014 Legislative Platform ad hoc
committees.
Recommended Action/Motion: Ratify the letter of support
sent on January 28, 2014 for S 1846, the Homeowner Flood Insurance
Affordability Act of 2013.
GENERAL
SERVICES AGENCY
Recommended Action/Motion: Adopt the Ordinance levying a
special tax for Fiscal Year 2013-2014 and following fiscal years solely within
and relating to the County of Mendocino Community Facilities District No.
2013-1 (Clean Energy); and authorize the Chair to sign all necessary documents
and transactions related to the action taken by the Board.
(k)
Approval
of 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
$24,300 for the Installation of ADA-Compliant Automatic Doors at the Front Entrances of the Willits and Fort
Bragg Libraries
Recommended Action/Motion: Approve the Appropriation
Transfer of Funds, increasing funds and revenue in Budget Unit 1710, line-item
1710-864360 and 1710-827802 in the amount of $24,300; and authorize the Chair
to sign the same.
HEALTH AND
HUMAN SERVICES AGENCY
Recommended Action/Motion: Approve and authorize the Board
Chair to sign the Agreement with North Coast Opportunities in the Amount of
$134,003 to provide nutrition education services for CalFresh-eligible
individuals; and authorize the HHSA Director to sign any future amendments to
the agreement that do not affect the annual maximum amount.
Recommended Action/Motion: Approve and authorize the Board
Chair to sign agreement with Telecare Corporation in the amount of $90,000 to
provide residential treatment for adults 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.
HUMAN
RESOURCES
Recommended Action/Motion: Adopt the Resolution authorizing
changes to the Position Allocation Table as follows: Budget Unit 2560; delete,
one (1) FTE Deputy Probation Officer II; add one (1) FTE Deputy Probation
Officer III and authorize Chair to sign same.
PLANNING
AND BUILDING SERVICES
(o)
Approval
of Request to Transfer Funds in the Amount of $49,378 from the Nuisance
Abatement Account of Planning and
Building Services to the Special Department Expense Account to Fund the Costs
of Abating Two Hazardous Building/Zoning Code Violations
Recommended Action/Motion: Approve the request to transfer
funds from the Nuisance Abatement Account for the specific purpose of funding
the abatement of two separate health and safety code violations, BI 2012-0091
and ZC 2005-0037.
SHERIFF-CORONER
Recommended Action/Motion: Approve the appropriations
transfer to complete the Willits substation renovation, and approve the
necessary budget transfer.
Recommended Action/Motion: Approve the purchase of one
additional vehicle, the necessary budget transfer, and add the item to the
County's list of approved fixed assets.
Recommended Action/Motion: Authorize the refurbishment of
an animal control box and add the item to the County's list of approved fixed
assets.
TRANSPORTATION
(s)
Adoption of
Resolution Approving Department of Transportation Agreement No. 130054 and
Accepting the Grant Deed Conveying Real Property from Charles S. Hand, as
Successor Trustee, for the Acquisition of Rights of Way Needed for Construction of the School Way Bridge Replacement
Project on East School Way, CR 236, M.P. 1.31 (Redwood Valley Area)
Recommended Action/Motion: Adopt the Resolution accepting
and approving Department of Transportation Agreement No. 130054 with Charles S.
Hand, as Successor Trustee, accept the Grant Deed conveying real property from
Charles S. Hand, as Successor Trustee, in connection with Department of
Transportation Project No. A-0101, and authorize and direct the Board Chair to
execute said Agreement and the Statutory Certificate of Acceptance and direct
the Clerk of the Board to submit the Grant Deed to Redwood Empire Title Company
of Mendocino County (20120667DN) for further processing and recording.
Recommended Action/Motion: Adopt the Resolution authorizing
release of the Contract Surety pursuant to applicable terms and conditions
specified.
Recommended Action/Motion: Adopt the Resolution authorizing
release of the Contract Surety pursuant to applicable terms and conditions
specified.
Recommended Action/Motion: Adopt the Resolution authorizing
release of the Contract Surety pursuant to applicable terms and conditions
specified.
TREASURER-TAX
COLLECTOR
Recommended Action/Motion: Adopt the Resolution approving
the request to sell tax-defaulted property subject to the power of sale and
authorize the Chair to sign the same.
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
·
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