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

 

 

 

 

Douglas L. Losak

Acting 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

March 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 ITE

      Timed Items                                                                                                                                                                      

        Please note that all times provided are considered approximate.

9:30 a.m.: Noticed Public Hearing - Adoption of Ordinance Rezoning Eight (8) Parcels Totaling Approximately 17.01 Acres Currently Zoned SR (Suburban Residential), I-1 (Limited Industrial), C-1 (Limited Commercial) and C-2 (General Commercial) to R-3 (Multiple-Family Residential) (See Item No. 5d)

1:30 p.m.: Noticed Public Hearing - Discussion and Possible Action on Use Permit No. U 13-2013 (Mendocino Forest Products) and Related Mitigated Negative Declaration for the Grading and Off-site Removal of Approximately 900,000 cubic yards (cy) of Fill Material (See Item No. 5e)

OPEN SESSION

1.     Open Session                                                                                                                                                                     

(a)         Roll Call

(b)        Pledge of Allegiance

PROCLAMATIONS

2.    Proclamations                                                                                                                                                            

Items in this section are automatically adopted unless specifically pulled by a Supervisor. Proclamations may be presented or commented on as needed.

(a)        Adoption of Proclamation Recognizing the Month of April as National County Government Month with the Theme of "Ready and Resilient Counties: Prepare. Respond. Thrive." (Sponsor: Executive Office)

(b)        Adoption of a Proclamation Recognizing Tsunami Preparedness Week as March 24 - 29, 2014, to Increase Public Awareness in Mendocino County, and Approval to Participate in the Tsunami Warning Communications Testing on March 26, 2014 (Sponsor: Sheriff's Office)

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.

(c)         Approval of a Letter of Invitation to President Barack Obama to Experience the Natural Splendor of Mendocino County and the Point Arena - Stornetta Coastal Monument

Recommended Action/Motion: Approve sending the letter of invitation to President Barack Obama to visit Mendocino County.

PLANNING AND BUILDING SERVICES

(d)        Noticed Public Hearing - Adoption of Ordinance Rezoning Eight (8) Parcels Totaling Approximately 17.01 Acres Currently Zoned SR (Suburban Residential), I-1 (Limited Industrial), C-1 (Limited Commercial) and C-2 (General

Commercial) to R-3 (Multiple-Family Residential)

Recommended Action/Motion: Make the Environmental and General Plan findings contained within the Planning Commission's motion and adopt the Ordinance approving R 1-2014 and direct staff to sponsor future Mixed Use rezones of these parcels.

(e)         Noticed Public Hearing - Discussion and Possible Action on Use Permit No. U 13-2013 (Mendocino Forest Products) and Related Mitigated Negative Declaration for the Grading and Off-site Removal of Approximately 900,000 cubic yards (cy) of Fill Material

Recommended Action/Motion: Approve Use Permit No. U 13-2013 subject to the conditions of approval recommended by staff and based on the following findings: 

          Environmental Findings:  No significant environmental impacts would result from the proposed project that cannot be adequately mitigated through the conditions of approval; therefore, a Mitigated Negative Declaration is adopted.

          General Plan Consistency Finding:  The proposed project is consistent with applicable goals and policies of the General Plan as subject to the conditions of approval.

          Project Findings:  Approve Use Permit No. U 13-2013, further finding that the project is exempt from Mendocino County Surface Mining Ordinance (Chapter 22.16), per Section 22.16.040(H), and from the California Surface Mining and Reclamation Act (SMARA), per PRC Section 2714(f).

TRANSPORTATION

(f)          Appointment of Two Board Members to Serve on an Ad Hoc Committee to Perform Inspection of Completed Street Improvements for Phase 1 of Vichy Springs Community Homes Subdivision Unit 2, Tract 245, Located on the South Side of Vichy Springs Road, CR 215, Approximately 1.25 Miles East of its Intersection with Redemeyer Road, CR 215A (Ukiah Area)

Recommended Action/Motion: Appoint two Board members to serve on the ad hoc inspection committee.

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.

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)        Regular Agenda - Discussion and Possible Direction Regarding Acquisition of Site Adjacent to the New Courthouse for a Facility to House Criminal Justice Staff Performing Courthouse Related Functions (Sponsors: Executive office and General Services Agency)

Recommended Action/Motion: Discuss and give direction to staff regarding possible site acquisition for a facility to house criminal justice staff performing courthouse related functions.

(b)        Closed Session - Pursuant to Government Code Section 54956.8 - Discussion and Direction to Staff Regarding Conference with Real Property Negotiator - Properties/Physical Addresses: 309 East Perkins St., Ukiah (APNs 002-232-12 and 002-232-13), 200 East Clay St., Ukiah (APNs 002-282-18, and 002-282-19); Parties: County of Mendocino; Agency Negotiator: Kristin McMenomey, Douglas Losak, Carmel Angelo and Kyle Knopp; Property Owner: North Coast Railroad Authority (NCRA); Under Negotiation: Property Acquisition

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 54956.8 - Conference with Real Property Negotiator - Properties/Physical Addresses: 309 East Perkins St., Ukiah (APNs 002-232-12 and 002-232-13), 200 East Clay St., Ukiah (APNs 002-282-18, and 002-282-19); Parties: County of Mendocino; Agency Negotiator: Kristin McMenomey, Douglas Losak, Carmel Angelo and Kyle Knopp; Property Owner: North Coast Railroad Authority (NCRA); Under Negotiation: Property Acquisition (Item withdrawn by department)

(c)         Pursuant to Government Code Section 54957 - Public Employee Performance Evaluation - Library Director

(d)        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)         State of California, Fish and Game Commission - Notice of location change for adoption hearing on proposed regulatory action related to subsections 27.80(c) and 27.80(e), Title 14, CCR, regarding ocean salmon sport fishing during April 2014, and ocean salmon processing limits; the location of the adoption hearing has been changed to a teleconference meeting on Wednesday, March 19, 2014, at 10:00 a.m.; please contact the Fish and Game Commission at (916) 653-4899, or visit www.fgc.ca.gov, for additional information.

(b)        California State Water Resources Control Board - Notice of modification to order approving a temporary urgency change in license and permit terms and conditions requiring compliance with Delta water quality objectives in response to drought conditions; additional information available online at www.waterboards.ca.gov/waterrights/water_issues/programs/drought /tucp.shtml, or by contacting (916) 341-5297.

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 Gregory Bergman

Items Recommended for Approval:

ASSESSOR/CLERK-RECORDER

(b)        Authorization for the County Clerk to Consolidate Southern Humboldt Joint Unified School District Bond Measure (Measure N) with the Gubernatorial Primary Election, scheduled for Tuesday, June 3, 2014

Recommended Action/Motion: Authorize the County Clerk to conduct and consolidate the Southern Humboldt Joint Unified School District's Bond Measure (Measure N), with the Gubernatorial Primary Election scheduled for Tuesday, June 3, 2014.

(c)         Authorization for the County Clerk to Consolidate Two District Measures: a Measure for Brooktrails Township Community Service District Fire Tax Increase - "Measure K" and a Round Valley Unified School District Bond Measure - "Measure L" with the Gubernatorial Primary Election, Scheduled for Tuesday, June 3, 2014

Recommended Action/Motion: Authorize the County Clerk to conduct and consolidate the Brooktrails Township Community Service District's Fire Tax Measure (Measure K), and the Round Valley Unified School District's Bond Measure (Measure L), with the Gubernatorial Primary Election scheduled for Tuesday, June 3, 2014.

BOARD OF SUPERVISORS

(d)        Approval of Letter to Congressman Jared Huffman Regarding Testing at the Navy Northwest Training and Testing Range Complex (NWTT) (Sponsor: Supervisor Gjerde)

Recommended Action/Motion: Approve the letter to Congressman Jared Huffman regarding testing at the Navy Northwest Training and Testing Range Complex (NWTT), authorizing the Chair to sign same.

(e)         Approval of Letter of Support for Congressman Jared Huffman's Bill H.R. 3988, the Fixing Operations of Reservoirs to Encompass Climactic and Atmospheric Science Trends Act (FORECAST Act) (Sponsor: Supervisor Brown)

Recommended Action/Motion: Approve the letter of support for Congressman Jared Huffman's bill H.R. 3988, the FORECAST Act, authorizing the Chair to sign same.

(f)          Ratification of Letter of Support to Include Williamson Act Subvention Funds in the FY 2014-15 California State Budget (Sponsor: Supervisor Brown)

Recommended Action/Motion: Approve ratification of the letter of support sent on March 18, 2014 to include Williamson Act Subvention funds in the FY 2014-15 California State Budget.

HEALTH AND HUMAN SERVICES AGENCY

(g)        Approval of Letter to the Director of Department of Motor Vehicles (DMV) Requesting Exemption of Title 13 (Vehicle Code) Section 12527(d)(2) for Anderson Valley Ambulance Service (AVAS)

Recommended Action/Motion: Approve and authorize the Board Chair to sign the letter to the Director of the Department of Motor Vehicles (DMV) requesting exemption of Vehicle Code Title 13 Section 12527(d)(2) for Anderson Valley Ambulance Service.  Please return the original letter to HHSA, Public Health for distribution.

HUMAN RESOURCES

(h)        Adoption of Resolution Authorizing Changes to the Position Allocation Table as Follows: Delete 43.9 FTE Vacant Positions Which Have Been Vacant Over 36 Months

Recommended Action/Motion: Adopt the Resolution authorizing changes to the Position Allocation Table as follows: delete 43.9 FTE positions vacant 36 months or more and authorize Chair to sign same.

(i)          Approval of Amendment to Board of Supervisors Agreement No. 12-136 with Liebert Cassidy Whitmore Increasing the Total Compensation For the Period of December 11, 2012, Through June 30, 2014, to $250,000 to Provide Legal Services

Recommended Action/Motion: Approve amendment to Board of Supervisors agreement No. 12-136 with Liebert Cassidy Whitmore increasing the total compensation for the period of December 11, 2012, through June 30, 2014, to $250,000 to provide Legal Services.

PLANNING AND BUILDING SERVICES

(j)          Authorization of the Issuance of Coastal Development Permit No. CDP 5-2013 (Van Dine) to Construct a Single Family Dwelling in Gualala (Item withdrawn by department)

Recommended Action/Motion: Authorize the issuance of Coastal Development Permit No. CDP 5-2013 (Van Dine).

(k)        Rescission of Board of Supervisors Resolution No. 13-123, which was Previously Approved to Consolidate Permitting Process of a Coastal Development Permit Between the County of Mendocino and the California Coastal Commission

Recommended Action/Motion: Rescind Resolution No.13-123 and enable the Mendocino County Department of Planning and Building Services to process the permit as the sole permitting authority.

PROBATION

(l)          Approval to Increase the Number of Vehicles in the Probation Department Fleet by Two Vehicles

Recommended Action/Motion: Approve the request to increase the number of vehicles in the Probation Department's fleet by two vehicles.

SHERIFF-CORONER

(m)      Approval of Budget Adjustment in the Amount of $113,971 to Increase Asset Forfeiture Revenue in the Sheriff's Office Budget Unit 2310 to Offset an Encumbrance for Vehicles

Recommended Action/Motion: Approve the budget adjustment to increase asset forfeiture revenue in the Sheriff's Office budget unit 2310 in the amount of $113,971.

(n)        Approval of Budget Adjustment in the Amount of $26,924 to Increase Inmate Welfare Fund Revenue in the Jail Budget Unit 2510 to Offset an Encumbrance for the Inmate Services Program Modular Building

Recommended Action/Motion: Approve the budget adjustment to increase the Inmate Welfare fund revenue in the jail budget unit 2510 in the amount of $26,924.

(o)        Approval of Budget Transfer in the Amount of $33,500 within Budget Unit 2830, Mendocino County Sheriff's Office, Office of Emergency Services, for the Purchase of Fixed Assets

Recommended Action/Motion: Approve a budget transfer of $33,500 in Budget Unit 2830, Mendocino County Sheriff's Office, Office of Emergency Services, for the purchase of fixed assets.

(p)        Approval of the Addition of One Four-Wheel Drive Vehicle to the County's List of Approved Fixed Assets

Recommended Action/Motion: Approve the addition of one four-wheel drive vehicle to the County's list of approved fixed assets.

(q)        Approval of the Purchase of One Off-Highway Vehicle in the Amount of $50,000 for Patrol of the Cow Mountain Recreational Area, the Necessary Budget Transfer, and Add the Item to the County's List of Fixed Assets

Recommended Action/Motion: Approve the purchase of one off-highway vehicle for patrol of the Cow Mountain recreational area, the necessary budget transfer, and add the item to the County's list of fixed assets.

(r)         Approval for the Mendocino County Sheriff's Office, Office of Emergency Services, to Purchase One ID Card Maker, One Panasonic Toughbook, Two Gas Monitors, One Specialized Gas Monitor, and an Animal Rescue Supply Trailer, Totaling $21,399, and Add Equipment to the County's Approved List of Fixed Assets

Recommended Action/Motion: Authorize the request to purchase one ID card maker, one Panasonic Toughbook, two gas monitors, one specialized gas monitor, an animal rescue supply trailer, and add these items to the County's approved list of fixed assets.

(s)         Approval for the Mendocino County Sheriff's Office, Office of Emergency Services, to Purchase One Transportable Microwave System and Three Video Conference Systems, Totaling $52,174, and Add Equipment to the County's Approved List of Fixed Assets

Recommended Action/Motion: Authorize the request to purchase one transportable microwave system and three video conference systems, and add these items to the County's approved list of fixed assets.

(t)          Approval for the Mendocino County Sheriff's Office, Office of Emergency Services, to Purchase One Video Conference System and a Shelter Trailer, Totaling $25,110, and Add Equipment to the County's Approved List of Fixed Assets

Recommended Action/Motion: Authorize the request to purchase one video conference system and a shelter trailer, and add these items to the County's approved list of fixed assets.

TRANSPORTATION

(u)        Adoption of Resolution Approving and Executing Amendment No. 6 to Board of Supervisors Agreement No. 02-269/Department of Transportation Agreement No. 990106 (Rev 1), Professional Services Agreement with Quincy Engineering, Inc. for the School Way Bridge Replacement over Russian River at School Way, CR 236 for a New Total Amount of $913,800 (Redwood Valley Area)

Recommended Action/Motion: Adopt Resolution approving Amendment No. 6 to BOS Agreement No. 02-269/DOT Agreement No. 990106 (Rev 1), authorize Board Chair to execute the Amendment and authorize the Director of Transportation to sign any and all Amendments to the Agreement that will not result in an increased cost beyond the authorized amount.

(v)        Adoption of Resolution Approving Department of Transportation Agreement No. 130072, Professional Services Agreement with Taber Consultants, for the 2013 Bi-Annual Geotechnical Support Agreement on the Amount of  $120,000 (Countywide)

Recommended Action/Motion: Adopt Resolution approving DOT Agreement No. 130072 in the amount of $120,000, authorize Board Chair to execute the Agreement, and authorize the Director of Transportation to sign any and all amendments to the agreement that will not increase the total amount of the contract by more than $30,000.

(w)       Adoption of Resolution Establishing the Total Mileage of County Maintained Roads as of December 31, 2013 (Countywide)

Recommended Action/Motion: Adopt Resolution establishing the total mileage of County Maintained Roads at 1,014.19 miles as of December 31, 2013.

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