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

Chair

 

 

 

 

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 21, 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.:   Informational Update from Health and Human Services Agency (HHSA) Staff and the Homeless Services Planning Group (HSPG) Ad Hoc Emergency Shelter Committee with Possible Action (See Item No. 5c)

1:30 p.m.:   Interpretation of Ukiah Valley Area Plan Implementation Measure LU 1.2f Regarding the Form and Content of the Master Plan for the Brush Street Triangle Area (See Item No. 8c)

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 Declaring that Judy Geer Linney, Artist; Spencer Brewer, Individual Patron; The Arena Theater in Point Arena, Business; and Lech Slocinski, Arts Educator are Recipients of the 2014 Mendocino County Art Champions Awards as Nominated by the Community and Selected by the Arts Council of Mendocino County (ACMC) Board of Directors (Sponsor: Executive Office)

PUBLIC EXPRESSION

3.     Public Expression                                                                                                                                                      

Members of the public are welcome to address the Board on items not listed on the agenda, but within the jurisdiction of the Board of Supervisors. The Board is prohibited by law from taking action on matters not on the agenda, but may ask questions to clarify the speaker's comment. The Board limits testimony on matters not on the agenda to 3 minutes per person and not more than 10 minutes for a particular subject at the discretion of the Chair of the Board.

Individuals wishing to address the Board under Public Expression are welcome to do so throughout the meeting. To best facilitate these items, please review and complete the public comment/speaker form available at the back of the Boardroom and present to the Clerk. If you wish to submit written comments, please provide 10 copies to the Executive Office staff, located in the County Administration Center, Room 1010. All meetings are tape-recorded, so speakers are reminded to announce their names as they approach the podium.

CONSENT CALENDAR

4.   Consent Calendar                                                                                                                                                   

The Consent Calendar is considered routine and non-controversial and will be acted upon by the Board at one time without discussion.  Any Board member may request that any item be removed from the Consent Calendar for individual consideration.

See section at the end of this document for the full listing of Consent items

COUNTY EXECUTIVE OFFICE AND DEPARTMENTAL MATTERS

5.   County Executive Office and Departmental Matters                                                   

EXECUTIVE OFFICE

(a)        Chief Executive Officer's Report

(Available Online at: http://www.co.mendocino.ca.us/administration/CEOReports.htm)

Recommended Action/Motion: Accept the report of the Chief Executive Officer.

(b)        Discussion and Possible Action Including Review, Adoption, Amendment, Consideration or Ratification of Legislation Pursuant to the Adopted Legislative Platform

Recommended Action/Motion: Provide direction to staff on matters of legislation.

(c)         Informational Update from Health and Human Services Agency (HHSA) Staff and the Homeless Services Planning Group (HSPG) Ad Hoc Emergency Shelter Committee with Possible Action (Sponsors: Executive Office and Health and Human Services Agency)

Recommended Action/Motion: Receive the informational update action from the Homeless Services Planning Group (HSPG) Ad Hoc Emergency Shelter Committee and HHSA Director with possible action and direction to staff.

PLANNING AND BUILDING SERVICES

(d)        Informational Update on the Status of the Mendocino Town Local Coastal Plan Amendment (LCPA) and Possible Direction or Consideration of Mendocino Town LCPA Modifications, as Necessary, to Respond to Coastal Commission Comments

Recommended Action/Motion: Accept the Mendocino Town LCPA status report and, as necessary, modify the Mendocino Town LCPA to respond to Coastal Commission comments.

BOARD OF SUPERVISORS AND MISCELLANEOUS

6.    Board of Supervisors And Miscellaneous                                                                                     

(a)        Supervisors' Reports Regarding Board Special Assignments, Standing and Ad Hoc Committee Meetings, and Other Items of General Interest

(b)        Mendocino County Board of Supervisors Drought Ad Hoc Committee Report Out (Sponsors: Supervisors Brown and Hamburg)

Recommended Action/Motion: Accept the report from the Drought Ad Hoc Committee.

BOARD OF DIRECTORS MATTERS

7.     Board of directors matters                                                                                                                       

The Mendocino County Board of Supervisors meets concurrently as the Board of Directors of the: In-Home Supportive Services Public Authority Governing Board; Mendocino County Air Quality Management District; Mendocino County 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 Item:  Approval of Letter of Agency to Confirm Participation in the Corporation for Education Network Initiatives in California (CENIC) E-Rate Consortium as an Eligible Member Entity for E-Rate Discounts in E-Rate Application Years 2015/2016, 2016/2017 and 2017/2018 (Sponsor: Library)

Recommended Action/Motion: Approve the Letter of Agency to confirm participation in the Corporation for Education Network Initiatives in California (CENIC) E-Rate Consortium as an Eligible Member Entity for E-Rate discounts in E-Rate Application Years 2015/16, 2016/17 and 2017/18, authorizing the Chair to sign same.

(b)        Consent Item:  Authorization to Withdraw from Further Consideration a 9.0 Acre Rezone of the Zaina Property (APN 184-140-14) from Suburban Residential, Airport Zone (SR, AZ) to Mixed Use General, Airport Zone (MU-2, AH) (R 2-2014) (Sponsor: Planning and Building Services)

Recommended Action/Motion: Withdraw proposed Zaina Rezoning based on the ALUC determination that the MU-2 Rezoning is inconsistent with the ACLUP.

(c)         Regular Item:  Interpretation of Ukiah Valley Area Plan Implementation Measure LU 1.2f Regarding the Form and Content of the Master Plan for the Brush Street Triangle Area (Sponsor: Planning and Building Services)

Recommended Action/Motion: The Board of Supervisors finds that a simplified Master Plan for the Brush Street Triangle area, as recommended by the Planning Commission, is consistent with the intent of UVAP Implementation Measure LU 1.2f and that it does not diminish the effectiveness to mitigate UVAP EIR Impact 3.9-A.

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 54957 - Public Employee Performance Evaluation - Acting County Counsel

(c)         Pursuant to Government Code Section 54957.6 - Conference with Labor Negotiator - Agency Negotiators: Carmel J. Angelo and Tammi Weselsky; Public Employee: Interim County Counsel

(d)        Pursuant to Government Code Section 54956.9(a) - Conference with Legal Counsel - Existing Litigation: SEIU Local 1021 AFL-CIO v. Mendocino County; Mendocino County Superior Court Case No. SCUK-CVG-13-61676

(e)         Pursuant to Government Code Section 54956.9(a) - Conference with Legal Counsel - Existing Litigation: Nusser, Erika L. v. C. David Eyster, in his capacity as the District Attorney for Mendocino County; Mendocino County Superior Court Case No. SCUK-CVPT-14-63782

(f)          Pursuant to Government Code Section 54956.9d(2) - Conference with Legal Counsel - Anticipated Litigation: One Case

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)         Federal Energy Regulatory Commission - Notice of application accepted for filing, soliciting comments, motions to intervene, and protests regarding a temporary variance of the minimum flow requirement in the East Branch Russian River; for additional information please visit www.ferc.gov/docs-filing/ecomments.asp or www.ferc.gov/docs-filing/elibrary/asp.

(b)        State Water Resource Control Board - Notice of Order adopted by the Board on September 24, 2014, denying petitions for reconsideration and addressing objections to the Executive Director's January 21, 2014 order (including subsequent modifications) modifying Delta water quality requirements of the U.S. Bureau of Reclamation and Department of Water Resources for the Central Valley Project and the State Water Project respectively; for additional information please contact Diane Riddle, Environmental Program Manager, State Water Resources Control Board, (916) 341-5297 or visit www.waterboards.ca.gov/waterrights/water_issues/programs/ drought/tcup.shtml.

(c)         State Water Resource Control Board - Notice of Order modifying an order that approved a temporary urgency change in license and permit terms and conditions requiring compliance with Delta water quality objective in response to drought conditions; for additional information please contact Diane Riddle, Environmental Program Manager, State Water Resources Control Board, (916) 341-5297 or visit www.waterboards.ca.gov/waterrights/water_issues/programs/ drought/tcup.shtml.

(d)        State Water Resource Control Board - Notice to post-1914 appropriative water right holders in the Sacramento, San Joaquin, Russian and Eel River watersheds of plans to temporarily release them from curtailment during upcoming intermittent precipitation events; for additional information please contact Brian Coats, Executive Director, State Water Resources Control Board, (916) 341-5389 or visit www.waterboards.ca.gov/waterrights/ water_issues/programs/drought/docs/curtail_lift.pdf.

(e)         Sacramento Fish and Wildlife Office - Notice of Western Yellow-Billed Cuckoo receiving Federal Protection under the Endangered Species Act; for additional information please contact Mr. Robert Moler, Sacramento Fish and Wildlife Office, (916) 414-6606, or visit www.fws.gov/sacramento.

(f)         Ukiah Valley Fire District - Fire Protection Mitigation Fee Annual Report 2013/2014.

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 Melodie Hughes

Items Recommended for Approval:

MINUTES

(b)        October 7, 2014 Regular Board Meeting

HUMAN RESOURCES

(c)         Approval of Appointment of Labor Negotiation Designated Representative(s)

Recommended Action/Motion: Appoint Carmel J. Angelo, CEO and Tammi Weselsky, Human Resources Director as the County designated representatives to negotiate the Interim County Counsel employment agreement.

(d)        Approval of the Employee Health Plan Renewal Report Recommending the Employee Health Plan Funding/Premiums Remain at the Current Levels for the 2015 Health Plan (Calendar) Year

Recommended Action/Motion: Approve the Employee Health Plan Renewal Report recommending that there be no change in the employee health plan funding/premiums for the 2015 Health Plan (Calendar) Year.

LIBRARY

(e)         Approval of a Modification to the Hours of Operation for the Willits and Fort Bragg Branches of the Mendocino County Library

Recommended Action/Motion: Approve the modification to the hours of operation for the Willits and Fort Bragg branches of the Mendocino County Library.

PLANNING AND BUILDING SERVICES

(f)          Adoption of Private Road Name Petition No. RN 1-2014 - Junttila Lane ( Comptche)

Recommended Action/Motion: Adopt Private Road Name Petition No. RN 1-2014, Junttila Lane, finding the request to be in conformance with Mendocino County Code Section 18.16.070, and direct the Department of Planning and Building Services to assign the proper addresses.

(g)        Approval of a Joint Powers Agreement with the County of Sonoma for the Formation of the Sonoma Mendocino Economic Development District

Recommended Action/Motion: Approve the attached Joint Powers Agreement between the Counties of Sonoma and Mendocino to allow for the formation of the Sonoma Mendocino Economic Development District (SMEDD) and authorize the Chair to execute same.

(h)        Authorization of the Issuance of Coastal Development Permit No. CDP 25-2014 (Goble) for the Replacement of an Existing Mobile Home with a New Manufactured Home in Fort Bragg

Recommended Action/Motion: Authorize the issuance of Coastal Development Permit No. CDP 25-2014 (Goble), as approved by the Coastal Permit Administrator.

(i)          Authorization of the Issuance of Coastal Development Permit No. CDP 21-2014 (Bower) for the Installation of Borings, Soil Vapor Probes and a Sub-Slab Probe in an Ongoing Underground Storage Tank Investigation in Gualala

Recommended Action/Motion: Authorize the issuance of Coastal Development Permit No. CDP 21-2014 (Bower), as approved by the Coastal Permit Administrator.

PROBATION

(j)          Approval of Agreement with the Ford Street Project in the Amount of $100,800 for the Period of 10/1/2014 through 9/30/16 to Provide Shelter Bed and Vocational Program Services for up to Four Clients at a Time

Recommended Action/Motion: Approve agreement with the Ford Street Project in the amount of $100,800 to provide shelter bed and vocational program services for the period of 10/1/2014 through 9/30/2016, and authorize Chair to sign same.

(k)        Approval of Agreement with the Ford Street Project in the Amount of $125,000 for the Period of 10/1/2014 through 9/30/2016 to Provide Intensive Residential Alcohol and Drug Treatment and Vocational Program Services for Participants Referred by the Probation Department

Recommended Action/Motion: Approve agreement with the Ford Street Project in the amount of $125,000 for the period of 10/1/14 through 9/30/16 to provide intensive residential alcohol and drug treatment and vocational program services for participants referred by the Probation Department, and authorize Chair to sign same.

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

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

TRANSPORTATION

(m)      Adoption of Resolution Approving Department of Transportation (DOT) Agreement No. 140021, for Aviation Consulting Services with Mead & Hunt, Inc., in the Amount of $92,150, for Design, Plans, Specifications, and Estimates for Rehabilitation of Taxiways and the South Apron at Little River Airport (Little River Area)

Recommended Action/Motion: Adopt the Resolution and approve DOT Contract No. 140021 in the amount of $92,150 and authorize Chair to sign the same.

(n)        Approval of Notice of Completion, Department of Transportation (DOT) Contract No. 140019, 2014 Fish Rock Road Sediment Reduction Project, CR 122, at Multiple Locations (Anchor Bay to Yorkville Area)

Recommended Action/Motion: 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. 140019 with the County Recorder.

TREASURER-TAX COLLECTOR

(o)        Adoption of a Resolution to Designate Mendocino County Court Collections Authority to Collect Restitution Orders and Fines Pursuant to Penal Code 2085.5 and 1202.45

Recommended Action/Motion: Adopt the Resolution designating Mendocino County Court Collections department authority to collect restitution fines and orders pursuant to Penal Code 2085.5 and 1202.45.

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