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

October 7, 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.:     Noticed Public Hearing - Adoption of Resolution Approving the Issuance of Tax-Exempt Obligations by the California Statewide Communities Development Authority for California Shock Trauma Air Rescue (CALSTAR) (See Item No. 5c)

10:00 a.m.:   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 Replacement of Bridge No. 10C0077 on Reeves Canyon Road, CR 219, M.P. 0.46 over Forsythe Creek (Redwood Valley Area) (See Item No. 5g)

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 40th Anniversary of the Special Supplemental Program for Women, Infants, and Children (WIC) for the Year of 2014 in Mendocino County (Sponsor: Health and Human Services Agency)

(b)        Adoption of Proclamation in Recognition of Domestic Violence Awareness Month, October 2014 (Sponsors: Supervisors Brown and McCowen)

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 on matters of legislation.

(c)         Noticed Public Hearing - Adoption of Resolution Approving the Issuance of Tax-Exempt Obligations by the California Statewide Communities Development Authority for California Shock Trauma Air Rescue (CALSTAR)

Recommended Action/Motion: Adopt the Resolution approving the issuance of tax-exempt obligations by the California Statewide Communities Development Authority for California Shock Trauma Air Rescue (CALSTAR).

(d)        Informational Update and Possible Action Regarding the Homeless Services Planning Group (HSPG) Ad Hoc Emergency Shelter Committee (Sponsors: Executive Office and Health and Human Services Agency)

Recommended Action/Motion: Receive the update from the Homeless Services Planning Group (HSPG) Ad Hoc Emergency Shelter Committee and provide direction to staff.

(e)         Discussion and Possible Action Regarding Appointments to the Redevelopment Successor Agency Oversight Boards of the City of Fort Bragg, City of Ukiah, and City of Willits

Recommended Action/Motion: Appoint the corresponding District Supervisor to fill the vacant seats on the Redevelopment Successor Agency Oversight Boards for the City of Fort Bragg, City of Ukiah, and City of Willits.

TRANSPORTATION

(f)          Transportation Director's Report

Recommended Action/Motion: Accept the report of the Transportation Director.

(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 Replacement of Bridge No. 10C0077 on Reeves Canyon Road, CR 219, M.P. 0.46 Over Forsythe Creek (Redwood Valley 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 further authorize the Director of Transportation to file the Notice of Determination.

TREASURER-TAX COLLECTOR

(h)        Adoption of a Resolution Approving a Chapter 8 Tax-Defaulted Land Sale by the County of Mendocino to the City of Point Arena

Recommended Action/Motion: (1) Adopt the Resolution authorizing the Chapter 8 sale of tax-defaulted property specified in the Purchase Agreement with the City of Point Arena and further authorize the Chair to execute the Purchase Agreement; (2) Approve the purchase price including the costs of sale; and (3) Direct the Clerk of the Board to provide the Treasurer-Tax Collector with five executed copies of the Purchase Agreement within three days of the Board's approval.

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)         Approval of a Letter to the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (USACE) Regarding the Proposed Rulemaking on the "Definition of 'Waters of the U.S' Under the Clean Water Act" (Sponsor: Supervisor Brown)

Recommended Action/Motion: Approve the letter and comments regarding the proposed rulemaking on the "definition of 'Waters of the U.S.' Under the Clean Water Act," for submission to the U.S. EPA and USACE, and authorize Chair to sign same.

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.

(a)        Consent: Approve the Formation of a Board Ad Hoc Committee Consisting of Supervisors Brown and Gjerde Regarding Development of the Draft 2015 Mendocino County Legislative Platform (Sponsor: Executive Office)

Recommended Action/Motion: Approve the formation of a Board Ad Hoc Committee consisting of Supervisors Brown and Gjerde regarding development of the draft 2015 Mendocino County Legislative Platform; and further, direct that such committee proceedings be open to the public and adhere to provisions of The Ralph M. Brown Act.

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, Cherie Johnson, and Donna Williamson; 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 Superior Court Case No. SCUK-CVPT-08-52268

(c)         Pursuant to Government Code Section 54956.9(d) (1) - Conference with Legal Counsel - Existing Litigation: Willits Environmental Center, Keep the Code et al. v. County of Mendocino, Case No. SCUK CVPT 14 63921

(d)        Pursuant to Government Code Section 54957 - Public Employee Performance Evaluation - Acting County Counsel

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)         California Governor's Office of Emergency Services (Cal OES) - Notice of Disaster Designation (USDA No. S3743) and Economic Injury Disaster Loans (SBA No. 14122) from U.S. Department of Agriculture to primary counties in California regarding the agricultural losses caused by drought that occurred January 1, 2014 and continuing; for additional information please contact Mary Ann Johnson, Sr. Emergency Services Coordinator, Cal OES, (916) 845-8147 or visit www.fsa.usda.gov or www.sba.gov/services/disasterassistance.

(b)        North Coast Regional Water Quality Control Board - Notice of regular Board meeting on October 9, 2014, taking place at Best Western Miner's Inn in Yreka, CA; for additional information please visit www.waterboards.ca.gov/northcoast.

(c)         Pacific Forest and Watershed Lands Stewardship Council - Notice of Stewardship Council 2013 Annual Report; for additional information please visit www.stewardshipcouncil.org.

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 Love in it Cooperative

(b)        Claim of Robert Love

(c)         Claim of Sherry (Sheryl) Glasser Love

Items Recommended for Approval:

MINUTES

(d)        September 22, 2014 Regular Board Meeting

(e)         September 23, 2014 Regular Board Meeting

APPOINTMENTS

(f)          Approval of Recommended Appointments/Reappointments

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

Board or Commission

Appointee

Category

Airport Land Use Commission

*Steve Hall

Planning Commission Representative

Gualala Municipal Advisory Council

**Barry DuCharme III

Member

Little River Airport Advisory Committee

Milton Schellhase

Non-Pilot Alternate

Little River Airport Advisory Committee

Marc Schoen

Non-Pilot

Policy Council for Children and Youth

Stephanie Paige

Member #26/Community at Large

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

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

EXECUTIVE OFFICE

(g)        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, 14-056, 14-069, 14-088, 14-106, and 14-117 (Sponsors: Executive Office and Sheriff's Office)

Recommended Action/Motion: Adopt the Resolution renewing Mendocino County's declaration of a local emergency and extending the existing local emergency due to drought conditions.

GENERAL SERVICES AGENCY

(h)        Adoption of Resolution Authorizing the Destruction of Certain Records Within the General Services Agency, Central Services Division, Pursuant to Government Code Section 26202

Recommended Action/Motion: Adopt the resolution authorizing the destruction of certain records within the General Services Agency, Central Services Division pursuant to Government Code Section 26202, and authorize Chair to sign the same.

(i)          Approval of Agreement with Mendocino Access Television for Public Education and Government Access in the Amount of $55,043 for Public Education and Government Access Pursuant to the Franchise Transfer Agreement Approved in 2005

Recommended Action/Motion: Approve the Agreement with Mendocino Access Television in the amount of $55,043 for Public Education and Government Access and authorize Chair to sign same.

(j)          Authorization of Blanket Declaration of Surplus Property and Authorization for Purchasing Agent to Dispose of Said Surplus Property Throughout Fiscal Year 2014/2015

Recommended Action/Motion: Authorize the blanket declaration of surplus property, and authorize the Purchasing Agent to dispose of said surplus property, by way of public auction, throughout Fiscal Year 2014/2015.

(k)        Rejection of 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 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.

HEALTH AND HUMAN SERVICES AGENCY

(l)          Approval of an Amendment to Social Services Agreement No. SS-S14-035 with National Training Consultants to Increase the Original Contract Amount by an Additional $37,785 for an Amended Amount of $57,400 to Provide Facilitation of Court Mandated Family Empowerment Groups for Children & Family System of Care in Fiscal Year 2014/2015

Recommended Action/Motion: Approve and authorize the Board Chair to sign amendment to the Social Services Agreement No. SS-S14-035 with National Training Consultants to increase the original contract amount by $37,785 for an amended total of $57,400 to provide facilitation of Court mandated Family Empowerment Groups for Children & Family System of Care 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.

(m)      Approval of Appropriation Transfer of Funds in the Amount of $25,000 from Social Services Budget Unit 5010, from Line Item 86-2120 to Line Item 86-4370 for Fixed Assets to Replace Live Scan Equipment

Recommended Action/Motion: Approve the appropriation transfer of funds in the amount of $25,000 from Social Services Budget Unit 5010, from line item 86-2120 to line item 86-4370 for fixed assets to replace live scan equipment; and authorize the Chair to sign the same.

MENDOCINO COUNTY EMPLOYEES' RETIREMENT ASSOCIATION

(n)        Approval of Order that No Election be Held for the 3rd, 8th, and 10th Seats of the Board of Retirement, Pursuant to Government Code Section 31523, Direct the Interim Retirement Administrator to Cast Unanimous Ballots for Kathryn Cavness, General Member; Tim Knudsen, Retired Member; and Richard Shoemaker, Retired Alternate, for Said Seats

Recommended Action/Motion: Order that no election be held for the 3rd, 8th and 10th Seats, pursuant to Government Code Section 31523, directing the Interim Retirement Administrator to cast unanimous ballots in favor of Kathryn Cavness, General Member; Tim Knudsen, Retired Member; and Richard Shoemaker, Retired Alternate, effective October 14, 2014.

PROBATION

(o)        Adoption of Resolution Authorizing the Chief Probation Officer to Execute a Contract Between the Mendocino County Probation Department and the State of California Department of Corrections and Rehabilitation (CDCR) in an Amount Not To Exceed $40,140.00 to Provide Diagnostic Studies, Treatment Services and Temporary Detention for Case Referrals from the Juvenile or Criminal Courts for a Term to Begin Upon Approval Through June 30, 2016

Recommended Action/Motion: Adopt the Resolution authorizing the Chief Probation Officer to execute a contract between the Mendocino County Probation Department and the California Department of Corrections in an amount not to exceed $40,140.00 to provide diagnostic studies, treatment services and temporary detention for case referrals from the juvenile or criminal courts for the term to begin upon approval through June 30, 2016; authorize Chair to sign same; and further, direct the Clerk of the Board to forward two copies of the Resolution to the Chief Probation Officer.

(p)        Adoption of Resolution Authorizing the Chief Probation Officer to Execute a Contract Between the Mendocino County Probation Department and the State of California Department of Corrections and Rehabilitation (CDCR) in an Amount Not To Exceed $42,353.52 to Provide Emergency Housing Services of Juvenile Youth of the Court from the County of Mendocino, as Outlined in Welfare and Institution Code 1752.15 for a Term to Begin Upon Approval Through June 30, 2016

Recommended Action/Motion: Adopt the Resolution authorizing the Chief Probation Officer to execute a contract between the Mendocino County Probation Department and the California Department of Corrections in an amount not to exceed $42,353.52 to provide emergency housing services for juvenile youth of the Court from Mendocino County, as outlined in Welfare and Institution Code 1752.15 for the term to begin upon approval through June 30, 2016; authorize Chair to sign same; and further, direct the Clerk of the Board to forward two copies of the Resolution to the Chief Probation Officer.

TRANSPORTATION

(q)        Adoption of Resolution Approving Department of Transportation (DOT) Agreement No. 140076 (for an Amount of $9,700.00) with and Accepting the Grant Deed Conveying Real Property from Nathaniel and Maria Frey 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 Agreement with the land owner, accept the Grant Deed conveying real property from said landowner, 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.

(r)         Approval of Notice of Completion, Department of Transportation (DOT) Contract No. 130035, 2011 Storm Damage Repairs on Bell Springs Road, CR 324, M.P. 17.64 (Laytonville Area)

Recommended Action/Motion: Approve and authorize the Board Chair to sign the Notice of Completion and direct the Clerk of the Board to file the Notice of Completion for DOT Contract No. 130035 with the County Recorder.

(s)         Approval of Notice of Completion, Department of Transportation (DOT) Contract No. 130036, 2011 Storm Damage Repairs on Bell Springs Road, CR 324, M.P. 17.67 (Laytonville Area)

Recommended Action/Motion: Approve and authorize the Board Chair to sign the Notice of Completion and direct the Clerk of the Board to file the Notice of Completion for DOT Contract No. 130036 with the County Recorder.

(t)          Approval of Notice of Completion, Department of Transportation (DOT) Contract No. 130074, 2011 Storm Damage Repairs on Mountain View Road, CR 510, M.P. 20.59 (Boonville Area)

Recommended Action/Motion: Approve and authorize the Board Chair to sign the Notice of Completion and direct the Clerk of the Board to file the Notice of Completion for DOT Contract No. 130074 with the County Recorder.

(u)        Approval of Notice of Completion, Department of Transportation (DOT) Contract No. 140013, 2014 Three Step Chip Seal Project on Old River Road and Hensley Creek Road (Ukiah and Hopland Areas)

Recommended Action/Motion: Approve and authorize the Board Chair to sign the Notice of Completion and direct the Clerk of the Board to file the Notice of Completion for DOT Contract No. 140013 with the County Recorder.

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