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

Interim 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

December 9, 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.

9:15 a.m.:  Noticed Public Hearing - Adoption of a Resolution Authorizing Planning and Building Services to Submit Local Coastal Program Amendments to the Coastal Commission to Certify the Updates to Division II and Division III of Title 20 of the Mendocino County Code for Child Care Facilities (See Item No. 5d)

9:30 a.m.:  Noticed Public Hearing - Adoption of a Resolution Authorizing the Submittal to the California Coastal Commission a Local Coastal Program Amendment to Update the Mendocino Town Plan and Amend the Town Zoning Code (See Item No. 5e)

11:30 a.m.:            Adoption of Resolution Honoring and Commending 3rd District Supervisor John Pinches Upon His Retirement from the Mendocino County Board of Supervisors, and Adjourn to a Reception in His Honor (See Item No. 6c)

1:30 p.m.:  Presentation and Possible Action Regarding Mendocino County's 457 Deferred Compensation Plans (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 Mendocino County 4-H's Participation in the National Wreaths Across America Day and Ceremony (Sponsor: Supervisor Brown)

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)         Presentation and Possible Action Regarding Mendocino County's 457 Deferred Compensation Plans (Sponsors: Executive Office and Supervisor Gjerde)

Recommended Action/Motion: Receive the presentation and provide direction to staff regarding the County's 457 deferred compensation plans.

PLANNING AND BUILDING SERVICES

(d)        Noticed Public Hearing - Adoption of a Resolution Authorizing Planning and Building Services to Submit Local Coastal Program Amendments to the Coastal Commission to Certify the Updates to Division II and Division III of Title 20 of the Mendocino County Code Previously Approved by the Board of Supervisors for Child Care Facilities which are Adopted Ordinances 4207 and 4208

Recommended Action/Motion: Adopt a Resolution authorizing Planning and Building Services to submit an LCPA application to amend Divisions II and III of Title 20 of the Mendocino County Code to comply with State priorities for Child Care Facilities.

(e)         Noticed Public Hearing - Adoption of a Resolution Authorizing the Submittal to the California Coastal Commission a Local Coastal Program Amendment to Update the Mendocino Town Plan (Chapter 4.13 of the General Plan) and Amend the Town Zoning Code (Division III of Title 20 of the Mendocino County Code) (GP 2-2013/OA 1-2013)

Recommended Action/Motion: Adopt a Resolution authorizing PBS to submit to the California Coastal Commission an amendment to the County's Local Coastal Program to update the Mendocino Town Plan (Chapter 4.13 of the General Plan) and amend the Town Zoning Code (Division III of Title 20 of the Mendocino County Code) (GP 2-2013/OA 1-2013).

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 of the Drought Ad Hoc Committee.

(c)         Adoption of Resolution Honoring and Commending 3rd District Supervisor John Pinches Upon His Retirement from the Mendocino County Board of Supervisors, and Adjourn to a Reception in His Honor (Sponsor: Board of Supervisors)

Recommended Action/Motion: Adopt the Resolution honoring Supervisor John Pinches for his years of public service, authorizing the Vice-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.

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(b) - Conference with Legal Counsel - Significant Exposure to Litigation - One Case

(c)         Pursuant to Government Code section 54956.9(a) - Conference with Legal Counsel - Existing Litigation: Animal Legal Defense Fund, et al. v. County of Mendocino; Mendocino Superior Court Case No. SCUK-CVPT-14-64916

(d)        Pursuant to Government Code Section 54957 - Public Employee Appointment - County Librarian

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)         State Water Resource Control Board - Notice of lifting of curtailment under water right permit and license term 91 for the Sacramento-San Joaquin delta watershed; for additional information please contact the Drought Year Curtailment Hotline, (916) 341-5342.

(b)        State Water Resource Control Board - Notice of status report for the Russian River as required by the August 25th Order approving the agency's petition for temporary urgency change in Permit 12947A. 12949, 12950, and 16596; for additional information please contact John Mendoza, Engineer III, Sonoma County Water Agency, (707) 547-1929.

(c)         California Water Quality Monitoring Council - Notice of the next Monitoring Council meeting will be held on Wednesday, December 10, 2014 in Sacramento from 10:00 am until 4:30 pm; for a copy of the agenda and for additional information please visit www.mywaterquality.ca.gov/monitoring_council/meetings/ or contact Jon Marshack, Executive Director, California Water Quality Monitoring Council, (916) 341-5514.

(d)        Sacramento Fish and Wildlife Office - Notice to hold a public hearing on the proposal to designate critical habitat for the Western Yellow-Billed Cuckoo; for additional information please contact Mr. Robert Moler, Sacramento Fish and Wildlife Office, (916) 414-6606, or email to robert_moler@fws.gov.

(e)         Visit Mendocino County - November 2014 CEO Report; for additional information, visit www.visitmendocino.com.

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 Laura Dale

(b)        Claim of Jessica Trombley and John Doe

Items Recommended for Approval:

APPOINTMENTS

(c)         Approval of Recommended Appointment to the Mental Health Board

Recommended Action/Motion: Approve the following appointment:

Board or Commission

Appointee

Category

Mental Health Board

Jan McGourty

1st District Consumer

ASSESSOR/CLERK-RECORDER

(d)        Approval of Certification of the November 4, 2014 Gubernatorial General Election

Recommended Action/Motion: Approve certification of the November 4, 2014 Gubernatorial General Election.

BOARD OF SUPERVISORS

(e)         Approval of Letter to California Coastal Commission Urging Support for a Consistency Determination with Respect to the Expansion of Boundaries of, and Revised Management Regulations for, Cordell Bank National Marine Sanctuary (CBNMS) and Gulf of the Farallones National Marine Sanctuary (GFNMS), State and Federal Waters Offshore San Francisco, Marin, Sonoma, and Mendocino Counties (Sponsors: Supervisors Hamburg and Gjerde)

Recommended Action/Motion: Approve the letter to California Coastal Commission, accompanied by a copy of the June 17, 2014 Resolution No. 14-086, and authorize Chair to sign same.

HEALTH AND HUMAN SERVICES AGENCY

(f)          Approval of Agreement with North Coast Opportunities in the Amount of $105,659 to Provide Nutrition Education Services for CalFresh-eligible Individuals in Federal Fiscal Year 2014/2015

Recommended Action/Motion: Approve and authorize the Board Chair to sign the Agreement with North Coast Opportunities in the Amount of $105,659 to provide nutrition education services for CalFresh-eligible individuals.  Authorize the HHSA Director to sign any future amendments to the agreement that do not affect the annual maximum amount.

SHERIFF-CORONER

(g)        Approval of the Purchase of Equipment to Upgrade Five Repeater Sites, Authorize the Addition of the Equipment to the County's Approved List of Fixed Assets, and Further Authorize the Associated Budget Transfer of $26,000

Recommended Action/Motion: Approve the purchase and associated budget transfer, and add the equipment to the County's approved list of fixed assets.

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