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

November 4, 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.

10:30 a.m.:            Informational Update from Health and Human Services Agency (HHSA) Director and the Homeless Services Planning Group (HSPG) Ad Hoc Emergency Shelter Committee with Possible Action (See Item No. 5d)

11:00 a.m.:            Noticed Public Hearing - Approval of Modifications to the County Fee Schedule (Effective January 1, 2015) and Adoption of a Resolution Amending the Master Fee Schedule (See Item No. 5e)

1:30 p.m.:   Adoption of Resolution Rescinding Board Resolution No. 14-123 and Declaring Intention to Modify the Mendocino County Lodging Business Improvement District (BID) (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 November 2014 as Diabetes Awareness Month in Mendocino County (Sponsors: Supervisor Pinches and Health and Human Services Agency)

(b)        Adoption of Proclamation Recognizing November 11, 2014 as Veterans Appreciation Day in Mendocino County (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 on matters of legislation.

(c)         Informational Presentation from Mr. Denis Mulligan, General Manager and Chief Executive Officer (CEO) of the Golden Gate Bridge, Highway and Transportation District (GGBHTD)

Recommended Action/Motion: Accept the informational presentation.

(d)        Informational Update from Health and Human Services Agency (HHSA) Director 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 HHSA Director with possible action and direction to staff.

(e)         Noticed Public Hearing - Approval of Modifications to the County Fee Schedule (Effective January 1, 2015) and Adoption of a Resolution Amending the Master Fee Schedule

Recommended Action/Motion: Adopt a Resolution approving the proposed fee amendments to the Master Fee Schedule as presented, effective January 1, 2015, authorizing the Chair to sign same.

AGRICULTURE

(f)          Presentation of the 2013 Mendocino County Crop Report

Recommended Action/Motion: Accept the presentation of the 2013 Mendocino County Crop Report from the Agricultural Commissioner.

PLANNING AND BUILDING SERVICES

(g)        Adoption of Resolution Rescinding Board Resolution No. 14-123 and Declaring Intention to Modify the Mendocino County Lodging Business Improvement District (BID)

Recommended Action/Motion: Adopt and authorize the Chair to sign the Resolution as submitted, and direct the Clerk to provide notice and set a public meeting for December 2, 2014 and a public hearing for January 20, 2015, on the modification.

(h)        Informational Update on the Status of the Mendocino Town Local Coastal Plan Amendment (LCPA) and Possible Direction or Consideration of Coastal Commission Comments Regarding the Submitted Mendocino Town LCPA

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

TRANSPORTATION

(i)          Transportation Director's Report

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

BOARD OF SUPERVISORS AND MISCELLANEOUS

6.    Board of Supervisors And Miscellaneous                                                                                     

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

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

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

(c)         Approval of Agreement, Up to a One Year Term, for Douglas L. Losak as County of Mendocino Interim County Counsel in the Amount of $118,123.20 (Sponsor: Supervisor Pinches)

Recommended Action/Motion: Approve the terms of employment as set forth in the Employment Agreement for Douglas L. Losak, 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)        Please refer to revised Consent Item 4(f)

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 54957.6 - Conference with Labor Negotiator - Agency Negotiators: John Pinches and Tammi Weselsky; Public Employee: Chief Executive Officer

(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: Dotty Coplen, et al. v. County of Mendocino; Mendocino Superior Court Case No. SCUK-CVPT-08-52268

(e)         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; Mendocino Superior Court Case No. SCUK-CVPT-14-63921

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 motion to intervene by the County of Sonoma and the Sonoma County Water Agency to PG&E's application for temporary variance of minimum flow requirement; for additional information please contact Steven Shupe or Cory O'Donnell, Office of the Sonoma County Counsel, (707) 565-2421.

(b)        U.S. Fish and Wildlife Service - Notice of proposed listing to protect the Fisher West Coast Distinct Population Segment (DPS) as a threatened species under the Federal Endangered Species Act (ESA); for additional information please contact Erin Williams, Field Supervisor, Yreka Fish and Wildlife Office, (530) 842-5763, or visit www.fws.gov/cno.es/fisher.

(c)         State Water Resource Control Board - Notice of notifying post-1914 appropriative water right holders in the 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.

(d)        State Fish and Game Commission - Notice of proposed regulatory action relative to amending sections 1.45, 2.09, 4.05, 5.00, 5.80, 7.50, 8.00, and 27.90, Title 14, California Code of Regulations, relating to the proposed 2015 sport fishing regulations, which was published in the California Regulatory Notice Register on August 22, 201; for additional information please contact Karen Mitchell, Senior Environmental Scientist, (916) 445-0826, or visit www.wildlife.ca.gov/notices.

(e)         California Department of Fish and Wildlife - Notice of the completion of an initial study/negative declaration (IS/ND) for a proposed project to amend current freshwater sport fishing regulations; for additional information please contact Karen Mitchell, Senior Environmental Scientist, (916) 445-0826, or visit www.wildlife.ca.gov/notices.

(f)         Sacramento Fish and Wildlife Office - Notice from U.S. Fish and Wildlife Service to re-open public comment period for the Western Yellow-Billed Cuckoo critical habitat proposal; for additional information please contact Sarah Swenty, Sacramento Fish and Wildlife Office, (530) 665-3310, or visit www.fws.gov/sacramento.

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 Approval:

MINUTES

(a)        October 21, 2014 Regular Board Meeting

APPOINTMENTS

(b)        Approval of Recommended Appointments/Reappointments

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

Board or Commission

Appointee

Category

Community Development Commission

Gary Mirata

1st District Representative

Gualala Municipal Advisory Council

Eric Mills

Member

Little River Airport Advisory Committee

Roy Helsing

Pilot

Little River Airport Advisory Committee

Eric Miller

Pilot

Mental Health Board

Kathleen “Kate” Gaston

2nd District Consumer Family

Policy Council for Children and Youth

Kathryn Caveness

Member #11

Policy Council for Children and Youth

*Sheryn Hildebrand

Member #23

Policy Council for Children and Youth

Bryan Lowery

Member #7

Policy Council for Children and Youth

Claudia Macias

Member #18

Policy Council for Children and Youth

**Teri Sedrick

Member #17

Policy Council for Children and Youth

Jayma Shields Spence

Member #12

Policy Council for Children and Youth

Laura Welter

Member #22

Workforce Investment Board

Steve Hixenbaugh

Member #24/Mandatory M-6

Workforce Investment Board

Pamela Patterson

Member #22/Economic Development

Workforce Investment Board

Terry Poplawski

Member #20/Mandatory M-3

*Appointment of Ms. Hildebrand includes a waiver of residency as she is a resident of Lake County.

**Appointment of Ms. Sedrick includes a waiver of residency as she is a resident of Lake County.

ASSESSOR/CLERK-RECORDER

(c)         Approval of Appointments-In-Lieu of Election for the November 4, 2014 Gubernatorial General Election

Recommended Action/Motion: Approve the Appointments-In-Lieu of Election for the candidates who filed candidacy papers.

AUDITOR-CONTROLLER

(d)        Approval of Corrected 2014/15 Tax Rates for Secured Property Tax Rolls

Recommended Action/Motion: Approve the County's corrected 2014/15 tax rates.

EXECUTIVE OFFICE

(e)         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, 14-088, 14-106, 14-117, and 14-130 (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.

(f)          Approval of Amendment Extending the Term of BOS Agreement No. 11-068 to June 30, 2015, for Services Between the County of Mendocino and KNN Public Finance for Municipal Finance Advisory Consulting Services (Sponsors: Executive Office and Treasurer-Tax Collector)

Recommended Action/Motion: Approve the amendment to BOS agreement No. 11-068 extending term for services between the County of Mendocino and KNN Public Finance for municipal financial advisory services.

GENERAL SERVICES AGENCY

(g)        Authorization to Award Contract to Ukiah Construction in the Amount of $222,850 for the Museum Roof and Equipment Replacement Project in Willits 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 of 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

Recommended Action/Motion: Award contract to Ukiah Construction in the amount of $222,850 for the Museum Roof and Equipment Replacement Project 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.

HUMAN RESOURCES

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

Recommended Action/Motion: Appoint Board of Supervisors Chair John Pinches and Tammi Weselsky, Human Resources Director as the County designated representatives to negotiate the Chief Executive Officer's employment agreement.

PLANNING AND BUILDING SERVICES

(i)          Appointment of Two Nominees to Two-Year Terms on the Mendocino County Lodging Business Improvement District (BID) Advisory Board

Recommended Action/Motion: Appoint Wendy Roberts as the BID Advisory Board's second coastal region representative, and appoint Pauline Zamboni as the BID Advisory Board's Mendocino County Lodging Association (MCLA) representative.

(j)          Authorization of the Issuance of Coastal Development Permit No. CDP 17-2014 (Zarkowski) for the Replacement of a Mobile Home and Storage Structures in Point Arena

Recommended Action/Motion: Authorize the issuance of Coastal Development Permit No. CDP 17-2014 (Zarkowski), as approved by the Coastal Permit Administrator.

SHERIFF-CORONER

(k)        Approval of the Purchase of a Civil Server in the Amount of $8,386.36, Add the Item to the County's Approved List of Fixed Assets, and Approve the Necessary Budget Transfer in the Amount of $8,387

Recommended Action/Motion: Approve the purchase of a civil server in the amount of $8,386.36, add the item to the county's approved list of fixed assets and approve the necessary budget transfer in the amount of $8,387.

(l)          Approval of a Three-Year Contract Between the Mendocino County Sheriff's Office And CJ's K9s in the Amount of $100,500 for K9 and K9 Handler Training

Recommended Action/Motion: Approve the three-year contract between the Mendocino County Sheriff's Office and CJ's K9s in the amount of $100,500 for K9 and K9 handler training.

SOLID WASTE

(m)      Adoption of Resolution Exercising the Option to Extend the Term of Agreement for Willits Transfer Station Operation and Solid Waste Transportation and Disposal to Year 2030

Recommended Action/Motion: Adopt the Resolution exercising option to extend Willits Transfer Station agreement to year 2030, and authorize the Chair to sign same.

TRANSPORTATION

(n)        Adoption of Resolution Approving Department of Transportation (DOT) Agreements (for a Total Amount of $25,850.00) 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 certain landowners, accept the Grant Deeds conveying real property from said certain 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.

(o)        Adoption of Resolution Authorizing Department of Transportation (DOT) to Advertise for Bids and Award DOT Contract No. 140082 for Construction of the Calpella Community Safe Routes to School Project on North State Street, CR 104, and Moore Street, CR 229B, and Perform Corrective Maintenance to Adjacent Street Pavements (Calpella Area)

Recommended Action/Motion: Adopt Resolution authorizing the Director of Transportation to advertise for construction bids and award DOT Contract No. 140082 for Calpella Community Safe Routes to School and Corrective Maintenance, and authorize the Chair to sign same.

TREASURER-TAX COLLECTOR

(p)        Acceptance of the September 30, 2014 Report of Mendocino County Pooled Investments

Recommended Action/Motion: Accept the September 30, 2014 Report of Mendocino County Pooled Investments.

(q)        Authorization to Discharge from Accountability, for the Attached List of Cases Comprised of Fines, Penalties, Fees, and Assessments, Determined to be Non-Collectible Due to Age of Debt or Lack of Assets and Where the Cost of Recovery Exceeds that of Collection

Recommended Action/Motion: Authorize the discharge of accountability for the attached listing cases comprised of delinquent fines, penalties, fees and assessments.

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

(r)         Approval of an Amendment to the Professional Services Contract Between the Air Quality Management District and Advanced Database Designs, Increasing the Amount of the Contract by $55,000 to Provide Enhancements to the District's Database to Improve Tracking and Management of Additional Programs and Individual Projects or Groups of Projects

Recommended Action/Motion: Approve the Air Quality Management District's request to amend the Professional Services Contract with Advanced Database Design to provide the requested enhancements to the District's database, increase the amount of the contract by $55,000, and authorize the Chair and the Air Pollution Control Officer to sign.

(s)         Approval of the Air Quality Management District's Application for Subvention Funds from the California Air Resources Board

Recommended Action/Motion: Approve the Air Quality Management District's application for Subvention Funds, authorize the Air Pollution Control Officer to sign and transmit the application to the California Air Resources Board.

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