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

 

Regular Meeting

June 3, 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.

9:30 a.m.:     Adoption of Proclamation Supporting the Mendocino County Leadership Development Initiative and Presentation Recognizing the Graduates of the Mendocino County Leadership Academy - Class of 2014 (See Item No. 2a)

1:30 p.m.:     Presentation and Approval of Fiscal Year (FY) 2014-2015 Chief Executive Officer's Recommended Budget Plan with Recommended Actions (See Item No. 5c)

 

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 Supporting the Mendocino County Leadership Development Initiative and Presentation Recognizing the Graduates of the Mendocino County Leadership Academy - Class of 2014 (Sponsor: Executive Office)

Recommended Action/Motion: 1) Adopt the Proclamation; 2) Present certificates to each of the graduates; and 3) Direct staff to transmit a copy of the Proclamation to each participating department.

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)         Presentation and Approval of Fiscal Year (FY) 2014-2015 Chief Executive Officer's Recommended Budget Plan with Recommended Actions

Recommended Action/Motion: Approve the FY 2014-2015 Chief Executive Officer's Recommended Budget with recommended actions; and further provide direction on final budget implementation.

PLANNING AND BUILDING SERVICES

(d)        Noticed Public Hearing (Continued from April 8, 2014) - Adoption of an Ordinance to Approve the Update of 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) (GP 2-2013/OA 1-2013) and Adoption of a Resolution for Submittal of a Local Coastal Plan Amendment to the California Coastal Commission (This item is being further continued to June 17, 2014, at 9:00 a.m. or as soon thereafter as the matter may be heard)

PROBATION

(e)         Presentation and Approval of the 2014-2015 Budget for the AB 109 Community Corrections Funds, as Approved by the Community Corrections Partnership Executive Committee

Recommended Action/Motion: Approve the 2014-2015 budget for the AB 109 Community Corrections Funds, as approved by the Community Corrections Partnership Executive Committee.

TRANSPORTATION

(f)          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 Approval of Letter of Support for Senate Bill 1132 (Mitchell/Leno) to Enact a Moratorium on Hydraulic Fracturing (Fracking) and Acidization in California (Sponsor: Supervisor McCowen)

Recommended Action/Motion: Approve the letter of support for Senate Bill 1132 (Mitchell/Leno), authorizing the Chair to sign same.

(d)        Approval of Mendocino County's Charter Membership in the California Coastal Trails Association for the 2014-15 Fiscal Year (Sponsors: Supervisors Hamburg and Brown)

Recommended Action/Motion: Approve payment of $1,000 for Mendocino County's charter membership in the California Coastal Trails Association from July 1, 2014 to June 30, 2015.

(e)         Informational Presentation Regarding Laytonville's Safe Routes to School Program (Sponsor: Supervisor Pinches)

Recommended Action/Motion: Accept the informational presentation regarding Laytonville's Safe Routes to School program.

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 54956.9d(2) - Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to Litigation - Three Cases

(c)         Pursuant to Government Code Section 54956.9(a) - Conference with Legal Counsel - Existing Litigation: Tomek Ulatowski v. County of Mendocino; Mendocino County Superior Court Case No. SCUK-CVPT-13-62596

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 Natural Resources Agency, Department of Water Resources - Water Conditions in California, Report 4, May 1, 2014.

(b)        State Water Control Board - Notice of approval of emergency regulations for curtailment of diversions due to insufficient flow for specific fisheries; additional information available online at www.waterboards.ca.gov/waterrights/water_issues/programs/drought/mill_deer_antelope _creeks.shtml.

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 Robert Epperson

(b)        Claim of Dennis O'Brien

(c)         Claim of Ryker Schenck

(d)        Claim of Wallace J. Small

Items Recommended for Approval:

APPOINTMENTS

(e)         Approval of Recommended Appointments/Reappointments

Recommended Action/Motion: Approve the following appointments/reappointments:

Board or Commission

Appointee

Category

Mendocino County Planning Commission

Roger Krueger

At Large Timber Representative

Mental Health Board

Tammy Lowe

5th District Consumer Family

Mental Health Board

Roger Schwartz

5th District Public Interest

Mental Health Board

Nancy Sutherland

3rd District Consumer Family

Mental Health Board

John G. Wetzler

5th District Consumer

Mental Health Board

Sharon Wolbach

3rd District Public Interest

Noyo Harbor District

Joe Caito

Commissioner

Policy Council on Children and Youth

Albert Ganter

Member #5

Westport Municipal Advisory Council

Kevin Michel

Member

Workforce Investment Board

*Jack Buckhorn

Member #32

Workforce Investment Board

**Lisa Kubeak

Member #18

Workforce Investment Board

Patty Bruder

Member #30

Workforce Investment Board

***Leland Kraemer

Member #7

Workforce Investment Board

Joanne Chiles

Member #3

Workforce Investment Board

****John Kuhry

Member #1 and Member #19

*            Appointment of Mr. Buckhorn includes a waiver of residency as he is a resident of Lake County.

**          Appointment of Ms. Kubeak includes a waiver of residency as she is a resident of Sonoma County.

***        Appointment of Mr. Kraemer includes a waiver of voter registration as he is not a registered voter in Mendocino County.

****     Appointment of Mr. Kuhry includes a waiver of voter registration as he is not a registered voter in Mendocino County.

AGRICULTURE

(f)          Approval of Cooperative Service Agreement between Mendocino County and the United States Department of Agriculture (USDA)/Animal and Plant Health Inspection Service (APHIS) Wildlife Services (WS)

Recommended Action/Motion: Approve the Cooperative Service Agreement, authorizing the Chair to sign same.

(g)        Approval of United States Department of Agriculture (USDA) Wildlife Services Work and Financial Plan for Fiscal Year 2014-2015, in the Amount of $142,356.40

Recommended Action/Motion: Approve the USDA Wildlife Services Work and Financial Plan for Fiscal Year 2014-2015 in the amount of $142,356.40.

EXECUTIVE OFFICE

(h)        Adoption of a Resolution Renewing its 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 No. 14-007, 14-008, 14-015, 14-033, 14-046, and 14-056 (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.

(i)          Ratification of Letter to State Water Resources Control Board Requesting Expediting of Funds for the Annual Eel River Recovery Monitoring Project

Recommended Action/Motion: Ratify the May 22, 2014 letter sent to Tom Howard, Executive Director of the California State Water Resources Control Board, requesting he communicate with the California General Services Agency regarding completion of a contract for funds that have been allocated since January 2014 for the Eel River Recovery Project monitoring activities in 2014.

HEALTH AND HUMAN SERVICES AGENCY

(j)          Adoption of Resolution Authorizing the Behavioral Health & Recovery Services (BHRS) Director to Accept on Behalf of the Mendocino County Health and Human Services Agency (HHSA) a Grant Award for the Investment in Mental Health Wellness Revenue Grant Program in the Amount of $40,173

Recommended Action/Motion: Adopt the Resolution authorizing the Mendocino County HHSA BHRS Director, Tom Pinizzotto, MSW to accept the Investment in Mental Health Wellness Revenue Grant award by CHFFA in the amount of $40,173; and further authorize the BHRS Director to enter into and sign the grant agreement, including all documents, subsequent amendments or renewals.

(k)        Ratification of Grant Application by the Mendocino County Health and Human Services Agency (HHSA) Public Health from California Department of Transportation Active Transportation Program Grant in the Amount of $871,000 for Three Years to Carry Out Safe Routes to Schools Projects in Five County School Districts

Recommended Action/Motion: Ratify the Mendocino County HHSA Public Health grant application from California Department of Transportation Active Transportation Program Grant in the Amount of $871,000 for Three Years to Carry Out Safe Routes to Schools Projects in Five County School Districts.

HUMAN RESOURCES

(l)          Adoption of Resolution Authorizing Changes to the Position Allocation Table as Follows: Budget Unit 1160, General Services Agency; Delete One (1) FTE Staff Assistant II, Add One (1) FTE Staff Assistant III

Recommended Action/Motion: Adopt the Resolution authorizing changes to the Position Allocation Table as follows: Budget Unit 1160, General Services Agency; delete one (1) FTE Staff Assistant II, add one (1) FTE Staff Assistant III; and authorize Chair to sign same.

(m)      Adoption of Resolution Authorizing Changes to the Position Allocation Table as Follows: Budget Unit 2310, Sheriff; Delete One (1) FTE Staff Assistant II, Add One (1) FTE Staff Assistant III

Recommended Action/Motion: Adopt the Resolution authorizing changes to the Position Allocation Table as follows: Budget Unit 2310, Sheriff; delete one (1) FTE Staff Assistant II, add one (1) FTE Staff Assistant III; and authorize Chair to sign same.

(n)        Adoption of Resolution Authorizing Changes to the Position Allocation Table as Follows: Budget Unit 5010, HHSA - Social Services; Delete One (1) FTE Deputy Director Social Services; Budget Unit 5020, HHSA Administration; Add One (1) FTE Staff Services Manager II

Recommended Action/Motion: Adopt the Resolution authorizing changes to the Position Allocation Table as follows: Budget Unit 5010, HHSA - Social Services; delete one (1) FTE Deputy Director Social Services; Budget Unit 5020, HHSA Administration; add one (1) FTE Staff Services Manager II, and authorize Chair to sign same.

(o)        Approval of Agreement Amendment with Keenan & Associates Providing Health Plan Consulting Services for the County's Employee Plan, Extending the Agreement Term through September 30, 2014, and Increasing the Amount by $18,000.00

Recommended Action/Motion: Approve the agreement amendment with Keenan & Associates, extending the agreement term through September 30, 2014, and increasing the amount by $18,000.00 for the health plan consulting services for the County's employee plan, and authorize the Chair to sign same.

PROBATION

(p)        Approval of Agreement with the Ford Street Project for Operating Expenses for FY 2013-14 for Homeless Shelter Services at the Buddy Eller Center

Recommended Action/Motion: Approve the Agreement with the Ford Street Project for operating expenses for homeless shelter services at the Buddy Eller Center.

SHERIFF-CORONER

(q)        Approval of a Budget Transfer in the Amount of $25,000 which is Necessary to Contract for an Environmental Assessment/Initial Study, with Potomac-Hudson Engineering, Inc. (PHE), in  Preparation to Submit a Request for a Jail Facility Modification/Modernization State Grant

Recommended Action/Motion: Approve a budget transfer in the amount of $25,000 necessary to contract for an environmental assessment/initial study with PHE in preparation to submit a request for a jail facility modification/modernization state grant.

TRANSPORTATION

(r)         Adoption of Resolution Accepting Subdivision Roads Tehuacan Road, Bartlett Court and Celestin Court within Phase I of Vichy Springs Community Homes Subdivision Unit 2, Tract 245, into the County Maintained Road System (Ukiah Area), and Disband the Board Ad Hoc Committee Assigned to Inspect the Road Conditions

Recommended Action/Motion: 1) Adopt the Resolution accepting the subdivision roads Tehuacan Road, Bartlett Court, and Celestin Court into the County Maintained Road System, and authorize the Chair to sign same; and 2) Disband the Board of Supervisors ad hoc committee assigned to inspect the roads.

(s)         Adoption of Resolution Approving Amendment No. 1 to Board of Supervisors (BOS) Agreement No. 11-053 - Airport Supervisor Agreement, Extending Termination Date to 30 May 2017 and Modifying Compensation to $39,060 per Year (Little River Area)

Recommended Action/Motion: Adopt the Resolution approving Amendment No. 1 to Airport Supervisor Agreement - Board of Supervisors (BOS) Agreement No. 11-053, extending termination date to 30 May 2017 and modifying compensation to $39,060 per year, and authorize the Chair to sign same.

(t)          Adoption of Resolution Authorizing Department of Transportation (DOT) to  Advertise for Bids and Award DOT Contract No. 140019 for 2014 Fish Rock Road Sediment Reduction Project, CR 122, at Multiple Locations (Yorkville Area)

Recommended Action/Motion: Adopt the Resolution authorizing the Director of Transportation to advertise for construction bids and award DOT Contract No. 140019 and authorize the Chair to sign same.

(u)        Approval of Temporary Road Closure of a Portion of Ukiah Street (CR 407C) from Lansing Street (CR 500) to Howard Street (CR 407N) for the July 4th Community Gathering, Sponsored by the East Ukiah Street Merchants District (Village of Mendocino)

Recommended Action/Motion: Approve temporary road closure of a portion of Ukiah Street (CR 407C) from Lansing Street (CR 500) to Howard Street (CR 407N). Authorize the Director of Transportation to issue the appropriate encroachment permit.

TREASURER-TAX COLLECTOR

(v)        Approval of Outdoor Festival Application and Authorize Tax Collector to Issue License for the Kate Wolf Music Festival, to be Held June 27-29, 2014 at the Black Oak Ranch in Laytonville, California

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

(w)       Approval of Outdoor Festival Application and Authorize Tax Collector to Issue License for the Redwood Run 2014, Sponsored by the Kiwanis of the Redwoods, held June 13-15, 2014

Recommended Action/Motion: Approve the Outdoor Festival application for the annual Redwood Run 2014 and authorize the Tax Collector to issue the Outdoor Festival license.

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

(x)        Approval of the Air Quality Management District's Request for an Extraordinary Merit Increase for Warren Massie to Step 3, Pursuant to Mendocino County Code 3.04.080 D

Recommended Action/Motion: Approve the Air Quality Management District's request for a Merit Increase to Step 3 for Warren Massie, and authorize the Air Pollution Control Officer to submit a Personnel Transaction to Human Resources for implementation of the Merit Increase to Step 3 effective Pay Period 13, Fiscal Year 2013/2014.

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