Carre Brown

1st District Supervisor

Vice-Chair

John McCowen

2nd District Supervisor

John Pinches

3rd District Supervisor

Chair

Dan GJerde

4th District Supervisor

DAN HAMBURG

5th District Supervisor

 

 

 

 

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

February 25, 2014 – 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.

10:45 a.m.:   Presentation to the Board of Supervisors Regarding Findings of Mendocino County Emergency Medical Services Oversight Committee and Requesting Approval to Move Forward with the First Steps in Implementing an Exclusive Operating Area (EOA) for the Mendocino County Inland Zone via a Request for Proposal (RFP) (See Item No. 5e)

1:30 p.m.:    Noticed Public Hearing - Adoption of a Resolution to Authorize a Local Coastal Program Amendment Application to the Coastal Commission to Update the Mendocino Town Plan (Chapter 4.13 of the General Plan) and the Town Zoning Ordinance (Division III of Title 20 of the Mendocino County Code), as Approved by the Board on October 22, 2013 (GP 2-2013/ OA 1-2013) (See Item No. 5h)

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 March 2014 as Women's History Month in Mendocino County (Sponsor: Supervisor Brown)

(b)        Adoption of Proclamation Recognizing the Day of April 26, 2014 as "Save the Frogs Day" in Mendocino County (Sponsor: Supervisor Hamburg)

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

(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.

COUNTY COUNSEL

(c)         Discussion and Possible Adoption of Mendocino Town Plan Urgency Amended Moratorium Ordinance (Government Code Section 65858)

Recommended Action/Motion: Adopt the moratorium Ordinance pursuant to Government Code Section 65858.

HEALTH AND HUMAN SERVICES AGENCY

(d)        Discussion and Possible Action Regarding Mendocino County Veterans' Memorial Buildings, Including Revisions to the Rules and Regulations, Building Administration and Memorandums of Understanding that Affect the Terms of Use of the Buildings

Recommended Action/Motion: Direct staff to amend the MOU with the Anderson Valley Senior Center associated with the use of the Boonville Veterans' Memorial Building to reflect the same terms as the Point Arena Senior Center MOU; transfer the administration of all Veterans' Memorial Buildings from the Health and Human Services Agency to the General Services Agency; and adopt the revised Rules and Regulations.

(e)         Presentation to the Board of Supervisors Regarding Findings of Mendocino County Emergency Medical Services Oversight Committee and Requesting Approval to Move Forward with the First Steps in Implementing an Exclusive Operating Area (EOA) for the Mendocino County Inland Zone via a Request for Proposal (RFP)

Recommended Action/Motion: Approve moving forward with establishing an Exclusive Operating Area (EOA) for the Mendocino County Inland Zone.

HUMAN RESOURCES

(f)          Presentation of the 2013 "Fit-Friendly Worksite" Award by the American Heart Association to Mendocino County Recognizing the Employee Wellness Program

Recommended Action/Motion: Accept presentation of the 2013 "Fit-Friendly Worksite" award by the American Heart Association in recognition of the Employee Wellness Program.

LIBRARY

(g)        Presentation by the Mendocino County Library Advisory Board Providing the Annual Update

Recommended Action/Motion: Accept the report.

PLANNING AND BUILDING SERVICES

(h)        Noticed Public Hearing - Adoption of a Resolution to Authorize a Local Coastal Program Amendment Application to the Coastal Commission to Update the Mendocino Town Plan (Chapter 4.13 of the General Plan) and the Town Zoning Ordinance (Division III of Title 20 of the Mendocino County Code), as Approved by the Board on October 22, 2013 (GP 2-2013/ OA 1-2013)

Recommended Action/Motion: Adopt a Resolution to authorize a Local Coastal Program Amendment application to the Coastal Commission to update the Mendocino Town Plan (Chapter 4.13 of the General Plan) and the Town Zoning Ordinance (Division III of Title 20 of the Mendocino County Code), as approved by the Board on October 22, 2013, and to state further the Board's final action on the related General Plan Amendment No. GP 2-2013 and Zoning Ordinance Amendment No. OA 1-2013, which will occur after the LCP Amendment is certified by the Commission.

TRANSPORTATION

(i)          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)        Mendocino County Board of Supervisors Drought Ad Hoc Committee Report Out (Sponsors: Supervisors Brown and Hamburg)

Recommended Action/Motion: Accept the report from the Drought Ad Hoc Committee.

(c)         Discussion and Possible Action Regarding Proposed Direct Review of Reclamation Plan No. REC 2-2013 (Rowland Bar) Pursuant to Mendocino Count Code Chapter 2.54 (Original Jurisdiction of Land Use Matters) (Sponsor: Supervisor Pinches)

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, per Chapter 2.54 of the Mendocino County Code.

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)        Discussion and Possible Action on Proposed Direct Review of a Claim of Vested Right for Surface Mining Activities at the Harris Quarry (Northern Aggregates, Inc), and Direct Review of any Other Actions Related to this Claim, per Chapter 2.54 (Original Jurisdiction of Land Use Matters) (Sponsor: Supervisor Hamburg)

Recommended Action/Motion: Approve the request for direct review of the claim of vested rights for surface mining activities at the Harris Quarry, and all related components of the claim, finding the subject project to provide a special contribution to the County's general welfare and economic wellbeing, per Chapter 2.54 of the Mendocino County Code.  Further, to set April 22, 2014 as the date of a public hearing to allow Board deliberation on the merits of this claim.

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 54957 - Public Employee Appointment - Acting County Counsel

(c)         Pursuant to Government Code Section 54957 - Public Employee Discipline/Dismissal/Release

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)         United States Federal Energy Regulatory Commission - Notice of order granting temporary variance of minimum flow requirement, submitted by Pacific Gas and Electric Company; for additional information, please contact Mr. John Aedo, (415) 369-3335, john.aedo@ferc.gov.

(b)        California Department of Fish and Wildlife - Notice of initiation of status review of Townsend's big-eared bat, and solicitation of data and comments on the petitioned action from interested and affected parties; for additional information, please contact Scott Osborn at (916) 324-3564, or via email at wildlifemgt@wildlife.ca.gov.

(c)         State of California Fish and Game Commission - Notice of proposed emergency action of low flow closures to fishing due to drought conditions; for additional information, please contact Mr. Jon Snellstrom at (916) 653-5040, or visit the web at www.oal.ca.gov/Emergency_Regs.htm.

(d)        State of California Natural Resources Agency, Office of Historic Preservation - Notification of Seabiscuit's stud barn listing on the National Register of Historic Places and the California Register of Historic Resources; for additional information, please contact Ms. Carol Roland-Nawi at (961) 445-7008.

(e)         Board of State and Community Corrections - Report of biennial inspection of the Mendocino County Sheriff's Office, Fort Bragg Justice Center, pursuant to Penal Code Section 6031.

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 Dale G. Emerson

Items Recommended for Approval:

APPOINTMENTS

(b)        Approval of Appointment-In-Lieu of Election to the Pacific Reefs Water District

Recommended Action/Motion: Approve the appointment-in-lieu of election of Mr. Robert Cutler, the sole candidate, to the Pacific Reefs Water District, term to expire December 2015.

BOARD OF SUPERVISORS

(c)         Adoption of an 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: Adopt the Ordinance amending Chapter 9.41 of the Mendocino County Code.

EXECUTIVE OFFICE

(d)        Approval of Automobile Allowance for Interim Human Resources Director Position

Recommended Action/Motion: Approve automobile allowance for Interim Human Resources Director; distribute approved paperwork to Human Resources, and Auditor.

GENERAL SERVICES AGENCY

(e)         Approval of Memorandum of Understanding Between the Judicial Council of California Administrative Office of the Courts and the County of Mendocino for County Services at the Ukiah County Courthouse (No. 23-A1)

Recommended Action/Motion: Approve the Memorandum of Understanding between the Judicial Council of California Administrative Office of the Courts and the County of Mendocino for County services at the Ukiah County courthouse (No. 23-A1), and authorize the Chair to sign same.

(f)          Authorization to Acquire a Replacement Vehicle for the Sheriff's Office (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 $33,578.32 and Approval of a Revised Fixed Asset Schedule as an Amendment to the FY 13/14 Budget

Recommended Action/Motion: Authorize the acquisition of a replacement vehicle for the Sheriff's Office (Fixed Asset) due to a vehicle collision, approve 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 $33,578.32 and approve a revised Fixed Asset Schedule as an Amendment to the FY 13/14 Budget; and authorize the Chair to sign the same.

HEALTH AND HUMAN SERVICES AGENCY

(g)        Approval of Agreement with Mendocino County Office of Education in the Amount of $175,000 to Provide CalFresh Outreach Services to Children Enrolled in School in Mendocino County in Calendar Year 2014

Recommended Action/Motion: Approve and authorize the Board Chair to sign the Agreement with Mendocino County Office of Education in the Amount of $175,000 to provide CalFresh outreach services to children enrolled in school in Mendocino County; and authorize the HHSA Director to sign any future amendments to the agreement that do not increase the annual maximum amount.

(h)        Approval of Appointment of Tom Pinizzotto as Alcohol and Other Drug (AOD) Administrator

Recommended Action/Motion: Approve the appointment of Tom Pinizzotto as the Alcohol and Other Drug (AOD) Administrator for Mendocino County Health & Human Services Agency BHRS as requested by the California Department of Health Services.

(i)          Approval of the Purchase of an Automated Ticketing System for the Health and Human Services Agency, Employment and Family Assistance Services, in the amount of  $19,923 and Authorization of the Addition of the Equipment to the County Approved List of Fixed Assets

Recommended Action/Motion: Approve the purchase of an automated ticketing system for the Health and Human Services Agency, Employment and Family Assistance Services in the amount of $19,923 and authorize the addition of the equipment to the County Approved List of Fixed Assets.

HUMAN RESOURCES

(j)          Adoption of Resolution Authorizing Changes to the Position Allocation Table as Follows:  Health and Human Services Agency; Budget Unit 5020; Delete, One (1) FTE Department IT Supervisor; General Services Agency; Budget Unit 1960; Add One (1) FTE Information Services Technician II; and Authorize Reclassification and Y-Rate Salary of Affected Incumbent

Recommended Action/Motion: Adopt the Resolution authorizing changes to the Position Allocation Table as follows: Health and Human Services Agency; Budget Unit 5020; Delete, One (1) FTE Department IT Supervisor; General Services Agency; Budget Unit 1960; Add One (1) FTE Information Services Technician II; and Authorize Reclassification and Y-Rate Salary of Affected Incumbent and authorize Chair to sign same.

(k)        Adoption of Resolution Authorizing Changes to the Position Allocation Table as Follows:  Health and Human Services Agency; Move, Two (2) FTE Positions from Budget Unit 5010, Social Services, to Budget Unit 5020 Administration

Recommended Action/Motion: Adopt the Resolution authorizing changes to the Position Allocation Table as follows: Health and Human Services Agency; move two (2) FTE positions from budget unit 5010 Social Services, to budget unit 5020 administration; and authorize Chair to sign same.

(l)          Adoption of Resolution Authorizing the Destruction of Inactive Personnel Files and Past Recruitment Files Pursuant to Government Code Section 26202, Civil Service Rule V Section 7A, and Board Resolution No. 95-142

Recommended Action/Motion: Adopt the Resolution authorizing the destruction of inactive personnel records dated 1999 and older and recruitment files dated 2011 and older; and authorize Chair to sign same.

PROBATION

(m)      Approval of an Increase in the Contract Amount from $43,048 to $53,000 for the Contract with the Mendocino County Youth Project to Provide Counseling Services to Youth Incarcerated in Juvenile Hall

Recommended Action/Motion: Approve an increase in the contract amount from $43,048 to $53,000 for the contract with the Mendocino County Youth Project to provide counseling services to youth incarcerated in Juvenile Hall.

SHERIFF-CORONER

(n)        Approval of Purchase of Three (3) Livescan Machines, Totaling $37,329; One for Sheriff's Office Administration, One for the Willits Police Department, and One for the Ukiah Police Department

Recommended Action/Motion: Approve the purchase of three Livescan machines, the necessary budget transfer, and add the items to the County's list of approved fixed assets.

(o)        Approval of Purchase of Five (5) Mobile Data Terminals, Totaling $30,000, for Patrol Vehicles

Recommended Action/Motion: Approve the purchase of five (5) mobile data terminals, the necessary budget transfer, and add the items to the County's list of approved fixed assets.

(p)        Approval of Purchase of 14 Internet Protocol Cameras, Totaling $37,506, to be Integrated into the Jail's New Security Control System, and Approve the Necessary Budget Transfers

Recommended Action/Motion: Approve the purchase of 14 IP cameras to be integrated into the new security control panel, and approve the necessary budget transfer.

TRANSPORTATION

(q)        Adoption of Resolution Accepting the Findings and Recommendations of Traffic Study No. 14-01 and Establishing a Prima Facie Speed Limit for a Playground Zone on a Portion of Old Stage Road, CR 502, at Bower Park (Gualala Area)

Recommended Action/Motion: Adopt the Resolution accepting Traffic Study No. 14-01, declare public park playground speed zone recommended by Traffic Study No. 14-01, and authorize and direct the Department of Transportation to erect, place and maintain the appropriate traffic control devices as long as there is a playground meeting the requirements of State Law.

(r)         Adoption of Resolution Approving Release of Contract Surety, Department of Transportation Contract No. 130010, 2013 Fish Rock Road Sediment Reduction Project, CR 122 at Multiple Locations (Anchor Bay to Yorkville Area)

Recommended Action/Motion: Authorize release of the Contract Surety pursuant to applicable terms and conditions specified.

(s)         Adoption of Resolution Approving Department of Transportation Agreement No. 130057, Professional Services Agreement with GHD Inc., to Assist the County in Meeting Various Requirements of the 2013 NPDES II (National Pollution Discharge Elimination System) Mapping (Ukiah/Fort Bragg Area)

Recommended Action/Motion: Adopt the Resolution approving DOT Agreement No. 130057, authorize Board Chair to execute the Agreement, and authorize the Director of Transportation or his designated representative to sign any and all amendments to the agreement that will not result in an increased cost beyond the amount specified.

(t)          Adoption of Resolution Approving Department of Transportation Agreement No. 130086 and Accepting the Grant Deed Conveying Real Property from Sandra C. Booth for the Acquisition of Rights of Way Needed for Construction of Permanent 2011 Storm Damage Repairs on Comptche Ukiah Road, CR 223, M.P. 8.25 (Mendocino Area)

Recommended Action/Motion: Adopt the Resolution accepting and approving Department of Transportation Agreement No. 130086 with Sandra C. Booth, accept the Grant Deed conveying real property from Sandra C. Booth, in connection with Department of Transportation Project No. F-1106.106PR, 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 the Department of Transportation office for further processing and recording.

(u)        Adoption of Resolution Approving Department of Transportation Agreement No. 140005 and Accepting the Easement Grant Deed Conveying Real Property from North Coast Railroad Authority 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. 140005 with North Coast Railroad Authority, accept the Easement Grant Deed conveying real property from North Coast Railroad Authority 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 Easement Grant Deed to the Department of Transportation office for further processing and recording.

TREASURER-TAX COLLECTOR

(v)        Authorization of the Discharge from Accountability, the Listed Accounts with Debt Over 10 Years Old or Determined Non-Collectible, Comprised of Fines, Penalties, Fees, and Assessments, as the Cost of Recovery Exceeds That of Collection

Recommended Action/Motion: Approve the discharge of accountability based on the provided listing of delinquent fines, penalties, fees and assessments, and write off the debt.

Board of Supervisors Concurrent Boards

           

           

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.

 

MENDOCINO COUNTY AIR QUALITY MANAGEMENT DISTRICT.

Mendocino County Air Quality Management District

(w)       Approval of the Air Quality Management District's Participation in the Carl Moyer Program for Fiscal Year 2013/2014 (Funding Year 16)

Recommended Action/Motion: Authorize the Air Quality Management District to participate in the state Carl Moyer Program, accept state Program funds, and follow the requirements of the state Program for fiscal year 2013/2014 (Funding Year 16) and authorize the Air Pollution Control Officer to sign and submit the Application to the California Air Resources Board and request the Clerk of the Board to provide a Minute Order to the District of the Board's decision.

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

·         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