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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DOUGLAS L. LOSAK Acting County Counsel |
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(707) 463-4441 Fax (707) 463-5649 cob@co.mendocino.ca.us |
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Mendocino
Agenda Regular
Meeting August
12, 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.
10:00 a.m.: Noticed Public CEQA Hearings
Regarding Calpella and Point Arena Area Projects (See Item Nos. 5g and 5h)
11:00 a.m.: Discussion and Possible Action
Regarding the Bid Related to the Timber Sales Prospectus, and the Resulting
Sale of Timber to be Harvested in Relation to the Non-Industrial Timber
Management Plan (NTMP) at the County Owned Little River Airport in Mendocino
County (See
Item No. 5d)
1:30 p.m.: Acceptance of Mendocino County Annual Investment
Report, Including Report of Pooled Investments at June 30, 2014 (See Item No. 5i)
2:00 p.m.: Introduction and Waive Reading of an Ordinance
Adding Chapter 8.400 Ban on
"Hydraulic Fracturing" in Mendocino County to Title 8 of the
Mendocino County Code (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.
COUNTY
COUNSEL
Recommended Action/Motion: Introduce and waive the reading
of the Ordinance adding Chapter 8.400 Ban on "Hydraulic Fracturing"
in Mendocino County to Title 8 of the Mendocino County Code.
GENERAL
SERVICES AGENCY
(d)
Discussion and Possible
Action Regarding the Bid Related to the Timber Sales Prospectus, and the
Resulting Sale of Timber to be Harvested in Relation to the Non-Industrial
Timber Management Plan (NTMP) at the County Owned Little River Airport in Mendocino County
Recommended Action/Motion: Reject the bid received from
Mendocino Forest Products related to the timber sales prospectus and direct
staff to pursue the harvest of timber at Little River Airport in 2015.
HEALTH AND
HUMAN SERVICES AGENCY
(e)
Informational
Presentation and Update on the 11:00 A.M. Mendocino County Court Calendar
Recommended Action/Motion: Accept the presentation
regarding the 11:00 A.M. Mendocino County Court Calendar.
PLANNING
AND BUILDING SERVICES
Recommended Action/Motion: Approve the recommendations of
the Mendocino County Fish and Game Commission for disbursement of $26,955 for
the 2014/2015 project cycle.
TRANSPORTATION
(g)
Noticed Public Hearing
- Adoption of a Resolution Adopting an Initial Study/ Mitigated Negative
Declaration and a Mitigation Monitoring and Reporting Program in Compliance
with California Environmental Quality Act Requirements for the Calpella Community Safe Routes to School Project (Calpella
Area)
Recommended Action/Motion: Conduct the public hearing,
adopt and authorize the Chair to sign the Resolution adopting a Mitigated
Negative Declaration for the project, and authorize the Director of
Transportation to file the Notice of Determination.
(h)
Noticed Public Hearing
- Adoption of a Resolution Adopting an Initial Study/ Mitigated Negative
Declaration and a Mitigation Monitoring and Reporting Program in Compliance
with California Environmental Quality Act Requirements for the Seismic Retrofit of Bridge No. 10C0034 on Eureka Hill
Road, CR 505, M.P. 4.92 over the Garcia River (Point Arena Area)
Recommended Action/Motion: Conduct the public hearing,
adopt and authorize the Chair to sign the Resolution adopting a Mitigated
Negative Declaration for the project, and authorize the Director of
Transportation to file the Notice of Determination.
TREASURER-TAX
COLLECTOR
Recommended Action/Motion: Accept the Mendocino County
Annual Investment Report, including report of pooled investments at June 30,
2014.
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
Recommended Action/Motion: Accept the report from the
Drought Ad Hoc Committee.
(c)
Direction to Staff to Determine
Potential Impacts to the County and Related Local Agencies Under a Proposed
Rulemaking on the Clean Water Act by the Federal Environmental Protection
Agency (EPA) and U.S. Army Corps of Engineers
(USACE) and Create a Draft Comment Letter for Board Consideration Before the
October 21, 2014 Deadline for Public Comment on This Item (Sponsors:
Supervisors Brown and Pinches)
Recommended Action/Motion: Direct Planning and Building
Services to determine potential impacts to the County and related local
agencies under a proposed rulemaking by USACE/EPA on Waters of the U.S., as
noticed in the April 21, 2014 Federal Register, and formulate a draft comment
letter for Board consideration at its October 7, 2014 meeting for potential
submittal to the relevant Federal agencies as the County's official commentary
before the October 21, 2014, deadline for public comment.
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
Public Facilities Corporation; and the Mendocino County Water Agency.
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, Tammi Weselsky, Juanie Cranmer, Donna
Williamson, Stacey Cryer, and Doug Gherkin; Employee Organization(s): All
(b)
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
(c)
Pursuant
to Government Code Section 54956.9(a) - Conference with Legal Counsel -
Existing Litigation: Willits Environmental Center, Keep the Code v. County of
Mendocino; Mendocino County Superior Court Case No. SCUK CVPT 14-63921
(d)
Pursuant
to Government Code Section 54956.9d(2) - Conference with Legal Counsel -
Anticipated Litigation - One Case
(e)
Pursuant
to Government Code Section 54956.8 - Acquisition and Sale of Real Property
Interest(s), Physical Address: 125 E. Commercial Street - APN's 005-212-04,
005-212-05, 005-212-18; Parties: County of Mendocino GSA Director, Negotiator
for the County; Administrative Office of the Courts, Owner
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)
U.S. Federal Energy Regulatory
Commission - Order modifying and approving recreation plan amendment; issued
July 29, 2014; Project No. 77-254, Pacific Gas and Electric Company, located in
on the Eel River and East Fork Russian River in Lake and Mendocino Counties,
and occupies lands within the Mendocino National Forest; additional information
may be found online at
www.ferc.gov/for-citizens/projectsearch/SearchProjects.aspx?Region=Northwest.
(b)
State Water Resources Control
Board - Notice of petition from the City of Fort Bragg for change for License
12171 (Application 25418); source: unnamed stream (Waterfall Gulch) tributary
to Hare Creek, thence the Pacific Ocean; additional informaton available online
at:
www.waterboards.ca.gov/waterrights/water_issues/programs/applications/petitions/2014.shtml
or by calling (916) 341-5318; protests may be received by the Division of Water
Rights up 4:30 p.m. on August 15, 2014.
(c)
North Coast Regional Water
Quality Control Board - Notice of meeting to be held on Thursday, August 14,
2014, at 8:30 a.m., in the David C. Joseph Room, 5550 Skylane Blvd., Ste. A,
Santa Rosa, CA 95403; additional information is available online at:
www.waterboards.ca.gov/northcoast.
(d)
Visit Mendocino County, Inc. -
July CEO 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 Denial/Rejection:
CLAIMS
AGAINST THE COUNTY
(b)
Claim of Philip
J. Marsick
(c)
Claims of Alan
D. Sampson, M.D.
Items Recommended for Approval:
APPOINTMENTS
(d)
Approval of
Recommended Appointments/Reappointments
Recommended Action/Motion: Approve the following
appointments/reappointments:
Board or Commission |
Appointee |
Category |
Cemetery
District of the Redwoods |
Charley
G. Betschart |
Director |
Cemetery
District of the Redwoods |
Cindy
Goines |
Director |
HHSA
Advisory Board |
Anne
Molgaard |
Children
System of Care |
Policy
Council on Children and Youth |
Jena
Conner |
Member
#2 |
Policy
Council on Children and Youth |
Carol
Kelsey |
Member
#6 |
Policy
Council on Children and Youth |
Anne
Molgaard |
Member
#25 |
Westport
Municipal Advisory Council |
Sally
Grigg |
Member |
ASSESSOR/CLERK-RECORDER
Recommended Action/Motion: Authorize the County Clerk to
conduct and consolidate the Albion-Little River's Special Election (Measure M),
with the Gubernatorial General Election scheduled for Tuesday, November 4,
2014.
BOARD OF
SUPERVISORS
(f)
Adoption of
Resolution Pursuant to Caltrans/California Highway Patrol's Joint Policy
Guidelines for Special Events on State Conventional Highways in Order to Obtain
a Permit from Caltrans for the California Indian Days Parade in Covelo, California, on Saturday, September 27, 2014 (Supervisor
Pinches)
Recommended Action/Motion: Adopt the Resolution as
presented, authorizing the Chair to sign same; and further, direct the Clerk of
the Board to forward copies of the Resolution to the Caltrans District Permit
Coordinator (Eureka), the California Highway Patrol, and the Round Valley
Tribal Council.
(g)
Adoption of
Resolution Pursuant to Caltrans/California Highway Patrol's Joint Policy
Guidelines for Special Events on State Conventional Highways in Order to Obtain
a Permit from Caltrans for the Elk Volunteer Fire Department's "Great Day in Elk" Parade, to be held in Elk, California, on
Saturday, August 23, 2014 (Sponsor: Supervisor Hamburg)
Recommended Action/Motion: Adopt the Resolution as
presented, authorizing the Chair to sign same, and direct the Clerk of the
Board to forward copies of the Resolution to the District Permit Coordinator,
Caltrans (Eureka), the California Highway Patrol, and the Elk Volunteer Fire
Department.
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 Nos. 14-007, 14-008, 14-015, 14-033, 14-046, 14-056, 14-069, and
14-088 (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)
Adoption of the
Mendocino County Assessment Appeals Board Local Rules for 2014/2015
Recommended Action/Motion: Adopt the 2014/2015 Local Rules
for the Mendocino County Assessment Appeals Board.
Recommended Action/Motion: Appoint Supervisor Carre Brown
as Director and Supervisor Dan Gjerde as an Alternate to the California State
Association of Counties (CSAC) Board of Directors for the 2015 calendar year,
authorizing staff to transmit said appointments to CSAC.
GENERAL
SERVICES AGENCY
(k)
Authorization
to Award Contract to Danco Builders for the Juvenile Hall ADA Upgrade Project
and Authorization for the General Services Agency Director to Sign the Contract
Upon Receipt of the Bidder's Required Bonds and Certificates of Insurance; and Authorization for the Facilities and
Fleet Division Manager to Act as Project Manager and Approval of Change Orders
for the Project, Pursuant to Public Contract Code Section 20142
Recommended Action/Motion: Award contract to Danco Builders
for the Juvenile Hall ADA Upgrade and authorize the General Services Agency
Director to sign the contract upon receipt of the bidders required bonds and
certificates of insurance; and authorize the Facilities and Fleet Division
Manager to act as project manager and approve change orders for the project,
pursuant to Public Contract Code Section 20142.
HEALTH AND
HUMAN SERVICES AGENCY
Recommended Action/Motion: Approve and authorize the Board
Chair to sign Agreement with Family Resource Center Network of Mendocino County
in the amount of $110,927 for Fiscal Year 2014/2015 to provide programs for
Child Abuse Prevention and Intervention; and authorize the Health and Human
Services Agency Director to sign any future amendments to this Agreement that
do not increase the annual maximum amount.
Recommended Action/Motion: Approve and authorize the Board
Chair to sign Agreement with Redwood Children's Services Inc. in the amount of
$862,663, to provide emergency shelter services in fiscal year 2014/2015; 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 Board
Chair to sign agreement for $120,000 with Redwood Children's Services, Inc. to
provide housing and services to assist emancipated Foster/Probation youth for
Health and Human Services Agency (HHSA) Social Services Branch, and authorize
the HHSA Director/Assistant Director to sign any future amendments to the
contract that do not affect the annual maximum allowable amount authorized by
the Board of Supervisors in this agreement.
(o)
Ratification of
Grant Application by the Mendocino County Health and Human Services Agency
(HHSA) Public Health for Partnerships in Community Health (PICH) Grant in the
Amount of $1,690,871 over Three Years to Provide Chronic Disease Control and Prevention Services in Collaboration
with Community Partners
Recommended Action/Motion: Ratify that Mendocino County
HHSA Public Health grant application for the Partnerships in Community Health
(PICH) grant in the amount of $1,690,871 over three years to provide chronic
disease control and prevention services in collaboration with community
partners.
HUMAN
RESOURCES
Recommended Action/Motion: Approve agreement amendment with
Keenan & Associates extending the agreement term through June 30, 2014, and
increasing the amount by $54,000.00 for the health plan consulting services for
the County's employee plan.
SHERIFF-CORONER
Recommended Action/Motion: Approve the intergovernmental
agreement for the Mendocino County Sheriff's Office to provide dispatch
services for three years to the Coyote Valley Band of Pomo Indians.
TRANSPORTATION
(r)
Adoption of
Resolution Approving Department of Transportation (DOT) Agreements (for a Total
Amount of $9,500) with and Accepting Grant Deeds Conveying Real Property from
Certain Landowners for the Acquisition of Rights
of Way Needed for the Reconstruction and Widening Project of East Side Potter
Valley Road, CR 240, from M.P. 2.46 to M.P. 6.42 (Potter Valley Area)
Recommended Action/Motion: Adopt the Resolution approving
DOT Agreements with the various landowners, accept the Grant Deeds conveying
real property from said various landowners, and authorize the Board Chair to
execute said Agreements and the Statutory Certificates of Acceptance. Direct the Clerk of the Board to submit the
Grant Deeds to County DOT office for further processing and recording. Direct County Auditor and County Assessor to
prorate real property taxes.
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
Public Facilities Corporation; and the Mendocino County Water Agency.
Mendocino County Air
Quality Management District
(s)
Approval of the
Proposed List of Applications for Carl Moyer Program Funding and Authorization
for District Staff to Fund Projects as Proposed and Enter into a Contractual
Agreement with Each of the Applicants that Outlines the Requirements
Associated with These Funds
Recommended Action/Motion: Approve the proposed prioritized
list of applications for Carl Moyer Program Funds. Authorize the District to fund projects as
funding becomes available and to enter into a contractual agreement with each
of the applicants that outlines the requirements associated with these funds
and authorize the transfer of funds to each of the applicants upon receipt of
proof of work done. Request the Clerk of
the Board to provide a Minute order to the District of the Board's decision.
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