Carre Brown

1st District Supervisor

John McCowen

2nd District Supervisor

TOM WOODHOUSE

3rd District Supervisor

 

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 (Amended)

 

Regular Meeting

January 6, 2015 – 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.

9:00 a.m.:   Conduct the Swearing-In Ceremony of Newly Elected/Re-Elected Mendocino County Officials (See Item No. 5a)

9:05 a.m.:   Election of Chair and Vice-Chair of the Mendocino County Board of Supervisors for Calendar Year 2015 Followed by a Reception in the Administration Center Foyer Honoring Newly Elected and Re-Elected Officials (See Item No. 5b)

2:00 p.m.    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 (See Item No. 5m)

2:05 p.m.    Approval of the Formation of a Board Ad Hoc Committee Consisting of Supervisors Brown and Hamburg Regarding the Mendocino Town Local Coastal Plan Amendment (LCPA) (See Item No. 5j)

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.

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)   Conduct the Swearing-In Ceremony of Newly Elected/Re-Elected Mendocino County Officials

Recommended Action/Motion: Participate in swearing-in ceremonies recognizing newly elected/re-elected Mendocino County officials.

(b)        Election of Chair and Vice-Chair of the Mendocino County Board of Supervisors for Calendar Year 2015 Followed by a Reception in the Administration Center Foyer Honoring Newly Elected and Re-Elected Officials

Recommended Action/Motion: The Board of Supervisors nominates and elects Supervisor ____________ as Chair and Supervisor ____________ as Vice-Chair of the Mendocino County Board of Supervisors for the 2014 calendar year and adjourn to a reception in honor of the newly elected and re-elected Mendocino County Officials in the Administration Center foyer.

(c)         Discussion and Possible Action Including Adoption of Resolution Adopting the Board of Supervisors Revised Rules of Procedure

Recommended Action/Motion: Adopt the Resolution adopting the Board's Rules of Procedure as presented, authorizing the Chair to sign the same.

(d)        Discussion and Possible Action Including Adoption of the 2015 Board of Supervisors Master Meeting Calendar

Recommended Action/Motion: Adopt the 2015 Board Master Meeting Calendar, and direct the Clerk of the Board to notify County Departments of same.

(e)         Discussion and Possible Approval of Board Special Assignments/Appointments as Recommended by the Chair of the Board

Recommended Action/Motion: Adopt the proposed 2015 Special Assignment Roster as presented.

(f)          Discussion and Possible Adoption of Resolution Regarding Board Standing Committees for 2015

Recommended Action/Motion: Discuss and provide direction to staff regarding Board Standing Committees for calendar year 2015, including possible adoption of the associated Resolution.

(g)        Discussion and Possible Action Regarding Mendocino County Appointments to the Public Policy Facilitating Committee (PPFC) Pursuant to the Memorandum of Understanding Among the United States Army Corps of Engineers (USACE), National Marine Fisheries Service (NMFS), and the Sonoma County Water Agency (SCWA)

Recommended Action/Motion: Affirm the existing appointments of Supervisor Carre Brown and Mr. Sean White, and further appoint Mr. Paul Zellman as Mendocino County's third representative.

(h)        Discussion and Possible Action Regarding Appointment of a Board of Supervisors Representative to the 5th Member Seat on the Mendocino County Board of Retirement

Recommended Action/Motion: Appoint Supervisor _________ as the Board of Supervisors' representative to the Board of Retirement, filling the 5th Member seat, with a term ending in November, 2017.

(i)          Discussion and Possible Action Including Interview with Applicant and Possible Appointment of the 9th Member to the Mendocino County Board of Retirement

Recommended Action/Motion: Appoint Ms. Jerilyn Harris, the sole applicant, to the Board of Retirement as the 9th Member, pursuant to Government Code Section 31520.1.

(j)          Approval of the Formation of a Board Ad Hoc Committee Consisting of Supervisors Brown and Hamburg Regarding the Mendocino Town Local Coastal Plan Amendment (LCPA)

Recommended Action/Motion: Approve the formation of a Board Ad Hoc Committee consisting of Supervisors Brown and Hamburg regarding the Mendocino Town LCPA; and further direct that such committee proceedings are open to the public and adhere to provisions of The Ralph M. Brown Act.

(k)        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.

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

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

PLANNING AND BUILDING SERVICES

(m)      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.

TREASURER-TAX COLLECTOR

(n)        Introduction and Waive the Reading of an Ordinance Delegating Authority to Invest or Reinvest the Funds of the County and its Other Depositors in the County Treasury to the Treasurer for Calendar Year 2015

Recommended Action/Motion: Introduce and waive the reading of an ordinance delegating authority to invest or reinvest the funds of the County and its other depositors in the County Treasury to the Treasurer for Calendar Year 2015.

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)        Discussion and Possible Action Including Adoption of Mendocino County's 2015 Legislative Platform (Sponsors: Supervisors Brown and Gjerde)

Recommended Action/Motion: Adopt the 2015 Mendocino County Legislative Platform as presented, directing staff to forward the adopted platform to our State and Congressional representatives and County Department Heads.

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)   Closed Session: 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 County Superior Court Case No. SCUK CVPT 14-64916

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

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 order approving interim streamflow gaging plan which was filed by PG&E; for additional information please contact Thomas J. LoVullo, Aquatic Resources, Federal Energy Regulatory Commission, (202) 502-8900.

(b)        U.S. Fish and Wildlife Service - Notice of extending the public comment period on its proposal to list the West Coast population of fisher as threatened under the Endangered Species Act by 30 days. The new comment deadline will be February 5, 5015; for additional information please contact Matt Baun, (530) 841-3119, or submit comments electronically by visiting www.regulations.gov.

(c)         State Water Resource Control Board - Notice of supplemental water quality report and hydrologic 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.

(d)        California Water Quality Monitoring Council - Notice that the Monitoring Council has released a report of its first triennial audit of implementing A Comprehensive Monitoring Program Strategy for California; for additional information please contact Jon Marshack, Executive Director, California Water Quality Monitoring Council, (916) 341-5514 or visit www.mywaterquality.ca.gov.

(e)         State Fish and Game Commission - Notice of proposed emergency action to list the Tricolored Blackbird as an endangered species; for additional information please contact Sheri Tiemann, C.A. State Fish and Game Commission, (916) 653-5040, or contact the Office of Administrative Law, (916) 323-6826, or visit www.oal.ca.gov.

(f)         State Fish and Game Commission - Notice of proposed regulatory action relative to sections 1.73 and 27.75, and subsection (c) of Section 27.80, Title 14, California Code of Regulations, relating to ocean salmon sport fishing, which will be published in the California Regulatory Notice Register on December 26, 2014; for additional information please contact Craig Shuman, Regional Manager of the Marine Region, (805) 568-1246.

(g)         State Fish and Game Commission - Notice of findings regarding the Clear Lake hitch which will be published in the California Regulatory Notice Register on December 26, 2014; for additional information please contact Sheri Tiemann, C.A. State Fish and Game Commission, (916) 653-5040.

(h)        Mendocino County Law Library - Notice of Annual Report of Mendocino County Law Library; for additional information please contact Keith Faulder, Board of Trustee President, (707) 463-4201, or visit www.pacific.net/~lawlib.

(i)          North Coast Opportunities, Inc. - Notice of 2013-2014 Annual Head Strat Report; for additional information please contact Corrine Lindgren, Program Director, (707) 462-2582.

(j)          Visit Mendocino County - December 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 Christine Hayward

(b)        Claim of CSAA/AAA

(c)         Claim of James Neuroth and Joan C. Nygren Re: Estate of Steven Kellogg Neuroth, Deceased

Items Recommended for Approval:

APPOINTMENTS

(d)        Approval of Recommended Appointments/Reappointments

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

Board or Commission

Appointee

Category

Golden Gate Bridge Highway and Transportation Dist.

James C. Eddie

Mendocino County Rep.

Mendocino Council of Governments

Susan Ranochak

Public Appointee

Mendocino Council of Governments

Michael G. Carter

Alternate Public Appointee

Mendocino Historical Review Board

Deirdre Lamb

Member

Mendocino Historical Review Board

William D. Sherman

Member

AUDITOR-CONTROLLER

(e)         Approval of Memorandum of Understanding Between the Superior Court of Mendocino County and the County of Mendocino for Fiscal Year 2014-15

Recommended Action/Motion: Approve the Memorandum of Understanding between the Superior Court of Mendocino County and the County of Mendocino for Fiscal Year 2014-15, and authorize Chair to sign the same.

(f)          Approval to Purchase MICR (Magnetic Ink Character Recognition) Check Printer and Add the Equipment to the County's List of Fixed Assets, and Approve Corresponding Appropriations Transfer in the Amount of $8,274.74

Recommended Action/Motion: Approve the purchase of a check printer, add the equipment to the County's list of fixed assets, and further approve and sign the corresponding appropriations transfer.

EXECUTIVE OFFICE

(g)        Adoption of Resolution Designating the Chief Executive Officer (CEO) as Official Responsible for Facilitation and Submission of the Fiscal Year (FY) 2015-2016 Recommended Budget; and Review and Approval of the FY 2015-2016 Budget Calendar

Recommended Action/Motion: Adopt the Resolution designating the Chief Executive Officer as the official responsible for recommending and facilitating the development and submission of the FY 2015-2016 Recommended Budget, as submitted; and further approve the Budget Calendar for FY 2015-2016.

(h)        Adoption of Resolution Terminating the Declaration of a Local Emergency Due to Drought Conditions and Imminent Threat of Disaster in Mendocino County, Originally Declared on January 7, 2014, and Extended at Least Every Thirty Days Since that Date (Sponsors: Executive Office and Sheriff's Office)

Recommended Action/Motion: Adopt the Resolution terminating the declaration of a local emergency due to drought conditions and imminent threat of disaster in Mendocino County.

(i)          Approval of Automobile Allowance for Assistant Chief Executive Officer Position

Recommended Action/Motion: Approve automobile allowance for Assistant Chief Executive Officer position.

GENERAL SERVICES AGENCY

(j)          Approval of the List of Personnel Authorized to Use County Vehicles for Work-to-Home/Home-to-Work Travel, Pursuant to Mendocino County Code Chapter 3.12, "The County Vehicle Policy"

Recommended Action/Motion: Approve the list of personnel authorized to use County vehicles for work-to-home/home-to-work travel, as recommended by the General Services Agency Director.

HUMAN RESOURCES

(k)        Adoption of Resolution Authorizing Changes to the Position Allocation Table as Follows: Budget Unit 0327 Add One (1) FTE Air Quality Technician; Budget Unit 4012 Delete One (1) FTE Substance Abuse Counselor I

Recommended Action/Motion: Adopt the Resolution authorizing changes to the Position Allocation Table as follows: Budget Unit 0327 add one (1) FTE Air Quality Specialist, Budget Unit 4012 delete one (1) FTE Substance Abuse Counselor I and authorize Chair to sign same.

TRANSPORTATION

(l)          Adoption of Resolution Approving Department of Transportation (DOT) Agreements (for a Total Amount of $34,950.00) 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 sign 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.

(m)      Adoption of Resolution Approving Release of Contract Surety, Department of Transportation Contract No. 130035, 2011 Storm Damage Repairs on Bell Springs Road, CR 324, M.P. 17.64 (Laytonville Area)

Recommended Action/Motion: Adopt Resolution releasing the Contract Surety for Contract No. 130035 pursuant to applicable terms and conditions specified, and authorize Chair to sign same.

(n)        Adoption of Resolution Approving Release of Contract Surety, Department of Transportation Contract No. 130036, 2011 Storm Damage Repairs on Bell Springs Road, CR 324, M.P. 17.67 (Laytonville Area)

Recommended Action/Motion: Adopt Resolution releasing the Contract Surety for Contract No. 130036 pursuant to applicable terms and conditions specified, and authorize Chair to sign same.

(o)        Adoption of Resolution Approving Release of Contract Surety, Department of Transportation Contract No. 140019, 2014 Fish Rock Road Sediment Reduction Project, CR 122, at Various Locations (Yorkville Area)

Recommended Action/Motion: Adopt Resolution releasing the Contract Surety for Contract No. 140019 pursuant to applicable terms and conditions specified, and authorize Chair to sign same.

TREASURER-TAX COLLECTOR

(p)        Approval of Mendocino County Investment Policy for Calendar Year 2015

Recommended Action/Motion: Approve the Mendocino County Investment Policy as submitted.

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