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

August 12, 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.

10:00 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)

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 a Proclamation Recognizing August 10-16, 2014 as National Community Health Center Week (Sponsor: Health and Human Services Agency)

(b)        Adoption of Proclamation Recognizing August, 2014 as National Breastfeeding Month (Sponsor: Health and Human Services Agency)

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)         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

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

(f)          Discussion on Recommendation from the Mendocino County Fish and Game Commission and Approval of Disbursement of $26,955 of Mendocino County Fish and Game Propagation Funds for 2014/2015 Project Cycle

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

(i)          Acceptance of Mendocino County Annual Investment Report, Including Report of Pooled Investments at June 30, 2014

Recommended Action/Motion: Accept the Mendocino County Annual Investment Report, including report of pooled investments at June 30, 2014.

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)         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.

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 Public Facilities Corporation; and the Mendocino County Water Agency.

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, 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

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)         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.

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 Luis Hernandez

(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

(e)         Authorization for the County Clerk to Consolidate a Special Election for the Albion-Little River Fire Protection District's Special Tax Increase ("Measure M") with the Gubernatorial General Election, scheduled for Tuesday, November 4, 2014

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.

(j)          Appointment of Board Member Representative and Alternate Representative to the California State Association of Counties (CSAC) Board of Directors for 2015

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

(l)          Approval of Agreement with Family Resource Center (FRC) Network of Mendocino County in the Amount of $110,927 for Fiscal Year 2014/2015 to Provide Programs for Child Abuse Prevention and Intervention

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.

(m)      Approval of Agreement with Redwood Children's Services, Inc. in the Amount of $862,663, to Provide Emergency Shelter Services in Fiscal Year 2014/2015

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.

(n)        Approval of 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

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

(p)        Approval of Agreement Amendment with Keenan & Associates Providing Health Plan Consulting Services for the County's Employee Plan, Extending the Agreement Term through June 30, 2015, and Increasing the Amount by $54,000.00

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

(q)        Approval of an Intergovernmental Agreement for the Mendocino County Sheriff's Office to Provide Dispatch Services for Three Years to the Coyote Valley Band of Pomo Indians

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.

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 Public Facilities Corporation; and the Mendocino County Water Agency.

 

MENDOCINO COUNTY AIR QUALITY MANAGEMENT DISTRICT.

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

 

 

 

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