Carre Brown

1st District Supervisor

Chair

John McCowen

2nd District Supervisor

Tom Woodhouse

3rd District Supervisor

Dan GJerde

4th District Supervisor

Vice-Chair

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

February 17, 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.

9:15 A.M. Discussion and Possible Acceptance of Recommendations Regarding the Operations of the Health and Human Services Agency (HHSA) Animal Care Services (ACS) in Conjunction with the Mendocino County Sheriff's Office as Requested by the Board of Supervisors (See Item No. 5c)

10:00 A.M. Adoption of Resolution Introducing, Reading the Title of, and Waiving Further Reading of an Ordinance Adopting the 2013 California Building Standards Codes with Proposed Local Amendments to Title 18 of the Mendocino County Code, Adopting Local Findings, Reorganizing Existing Authority Over Excavation and Grading, Making Other Technical and Administrative Revisions to Title 18 and Setting the Date for a Noticed Public Hearing to Consider the Proposed Ordinance (See Item No. 5d)

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)        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 directions to staff on matters of legislation.

HEALTH AND HUMAN SERVICES AGENCY

(c)         Discussion and Possible Acceptance of Recommendations Regarding the Operations of the Health and Human Services Agency (HHSA) Animal Care Services (ACS) in Conjunction with the Mendocino County Sheriff's Office as Requested by the Board of Supervisors (Sponsors: Health and Human Services Agency and Sheriff's Office)

Recommended Action/Motion: Accept recommendations regarding operations of the HHSA Animal Care Services (ACS) in conjunction with the Mendocino County Sheriff's Office and direct staff to explore possible alternatives related to ACS (including the unsolicited letter of intent from Petaluma Animal Services Foundation).

PLANNING AND BUILDING SERVICES

(d)        Adoption of Resolution Introducing, Reading the Title of, and Waiving Further Reading of an Ordinance Adopting the 2013 California Building Standards Codes with Proposed Local Amendments to Title 18 of the Mendocino County Code, Adopting Local Findings, Reorganizing Existing Authority Over Excavation and Grading, Making Other Technical and Administrative Revisions to Title 18 and Setting the Date for a Noticed Public Hearing to Consider the Proposed Ordinance

Recommended Action/Motion: Adopt Resolution introducing, reading the title of, and waiving further reading of an Ordinance adopting the 2013 California Building Standards Codes with proposed local amendments to Title 18 of the Mendocino County Code, adopting local findings, reorganizing existing authority over excavation and grading, making other technical and administrative revisions to Title 18 and setting March 17, 2015 as the date for a noticed public hearing to consider the proposed ordinance.

(e)         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 Planning and Building Services to respond to Coastal Commission comments regarding the LCPA.

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

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:  County of Mendocino, a Political Subdivision of the State of California v. Solid Wastes Systems, a California Corporation; Mendocino County Superior Court case No. SCUK CVG 11-59459

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, Heidi Dunham, Alan Flora, and Donna Williamson; Employee Organization(s):  All

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

(c)         Pursuant to Government Code Section 54956.9(a) - Conference with Legal Counsel - Existing Litigation:  Mark Scaramella v. County of Mendocino. Mendocino County Superior Court Case No. SCTM-CVG-15-65072

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)         Westport Municipal Advisory Council (WMAC) - Notice of summary of WMAC activities for the year 2014; for additional information please visit www.westportmac.org.

(b)        State Water Resource Control Board - Notice of report prepared by the Division of Water Rights with recommendations to improve the implementation of the water rights priority system in future dry years pursuant to Resolution No. 2014-0031. Presentation of the report to the Board is tentatively scheduled for February 17, 2015 as an informational item at the Board Meeting; for additional information please contact Michael Buckman at (916) 341-5448 or via email at Michael.buckman@waterboards.ca.gov.

(c)         State Water Resource Control Board - Notice of supplemental water quality report and hydrologic status report (January 22 - January 29, 2015) 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)        State Water Resource Control Board - Notice of order approving elements of a Temporary Urgency Change Petition (TUCP) filed by the California Department of Water Resources (DWR) and the United States Bureau of Reclamation regarding permits and license of the State Water Project (SWP) and the federal Central Valley Project (CVP). The deadline to file an objection to the TUCP is February 13, 2015 by noon; for additional information please contact Diane Riddle at (916) 341-5297, or Rich Satkowski at (916) 341-5439.

(e)         State Water Resource Control Board - Notice that on April 21, 2015, the State Water Resources Control Board will consider a resolution adopting an individual exception to the California Ocean Plan and approving an associated negative declaration addendum. This resolution will allow continued discharge of waste from the UC Davis San Diego, Scripps Institution of Oceanography into the San Diego - Scripps Area of Special Biological Significance. Interested parties must submit comments to the State Board by noon on March 23, 2015. The hearing is on April 21, 2015 at 9:00 am at 1001 I Street, Sacramento, CA; for additional information please contact Maria de la Paz Carpio-Obeso, at (916) 341-5858, or Kathleen Faick at (916) 445-2317, or visit www.waterboards.ca.gov/public_notice/comments/index.shtml.

(f)         California Water Quality Monitoring Council - Notice of public meeting to discuss issues relating to its responsibilities pursuant to California Senate Bill 1070 (Kehoe, 2006). The Meeting will take place on February 23, 2015 at 10:00 A.M. at the Joe Serna Jr. Cal/EPA Headquarters Building, 1001 I Street, Sacramento; for additional information please contact Jon Marshack at (916) 341-5514, or Kris Jones at (916) 376-9756.

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:

BOARD OF SUPERVISORS

(a)        Adoption of Resolution Urging Congress to Reauthorize and Fund the Secure Rural Schools and Community Self-Determination Act of 2000 (Sponsor: Supervisor Brown)

Recommended Action/Motion: Adopt Resolution urging congress to reauthorize and fund the Secure Rural Schools and Community Self-Determination Act of 2000  as presented, authorizing the Chair to sign same.

(b)        Receipt of an Update on the Business Improvement District (BID) Ad Hoc Committee (Sponsors: Supervisors Gjerde and McCowen)

Recommended Action/Motion: Receive the update regarding the Business Improvement District (BID) Ad Hoc Committee.

EXECUTIVE OFFICE

(c)         Approval of Automobile Allowance for Interim Human Resources Director Position

Recommended Action/Motion: Approve automobile allowance for Interim Human Resources Director; distribute approved paperwork to Human Resources, and Auditor-Controller.

(d)        Authorization for Staff to Initiate the Process to Provide 457 Deferred Compensation Plans Offered by Mass Mutual and CalPERs for Mendocino County Employees Beginning in January 2016 (Sponsors: Executive Office and  Supervisor Gjerde)

Recommended Action/Motion: Authorize staff to initiate the process to provide 457 deferred compensation plans offered by Mass Mutual and CalPERs for Mendocino County employees beginning in January 2016.

(e)         Authorization for the Chief Executive Officer Carmel J. Angelo to Sign an Agreement with California Clean Power to Begin a  Feasibility Study Assessing the County's Participation in a Community Choice Aggregation (CCA) Implementation Process

Recommended Action/Motion: Authorize the Chief Executive Officer Carmel J. Angelo to sign an Agreement with California Clean Power to begin the a feasibility study assessing the County's participation in a Community Choice Aggregation (CCA) implementation process.

GENERAL SERVICES AGENCY

(f)          Acceptance of the Risk Management Insurance Program Annual Report for Fiscal Year 2013/2014

Recommended Action/Motion: Accept the Risk Management Insurance Program Annual Report covering the Fiscal Year 2013/2014.

(g)        Approval of Amendment No. 3 to County of Mendocino Standard Services Agreement, General Services Agency No. 13-7, Purchasing Agent Agreement No. 14-09A and Purchasing Agent Agreement No. 14-53A to Increase the Contract Amount with Roger Sternberg for a Total Revised Contract Price of $53,192.77 for the work in Relation to the Non-Industrial Timber Management Plan (NTMP) at the County Owned Little River Airport in Mendocino County

Recommended Action/Motion: Approve Amendment No. 3 to County of Mendocino Standard Services Agreement, General Services Agency No. 13-7, Purchasing Agent Agreement No. 14-09A and Purchasing Agent Agreement No. 14-53A to increase the contract amount with Roger Sternberg for a total revised contract price of $53,192.77 for the work in Relation to the Non-Industrial Timber Management Plan (NTMP) at the County Owned Little River Airport in Mendocino County and authorize Chair to sign same.

(h)        Approval of Change Order to Purchasing Agent Agreement No. 14-75 to Increase the Contract Amount with R&C Construction by $66,954 for a Total Revised Contract Price of $651,939 for the Sheriff's Log Cabin Renovation Project in Willits

Recommended Action/Motion: Approve Change Order to existing contract with R&C Construction for the Sheriff's Log Cabin Renovation Project increasing the total contract price by $66,954 for a revised total contract price of $651,939, and authorize the Purchasing Agent to sign the Change Order.

HEALTH AND HUMAN SERVICES AGENCY

(i)          Adoption of Resolution Approving the 2014-2015 Performance Contract Between the Department of Health Care Services (DHCS) and Mendocino County Behavioral Health and Recovery Services (BHRS) and Authorization of the Health and Human Services Agency (HHSA) Assistant Director of Health Services to Sign the Agreement on Behalf of the County

Recommended Action/Motion: Adopt Resolution approving the performance contract between the County of Mendocino and the California Department of Health Care Services, and authorize Chair to sign same, and further authorize the HHSA Assistant Director of Health Services to sign this agreement and any amendments that do not increase the maximum dollar amount on behalf of the County.

HUMAN RESOURCES

(j)          Adoption of Resolution Authorizing Changes to the Position Allocation Table as Follows: Budget Unit 1020, Add One (1) FTE Office Services Supervisor - Confidential; Budget Unit 1020, Delete One (1) FTE Administrative Assistant - Confidential

Recommended Action/Motion: Adopt  Resolution authorizing changes to the Position Allocation Table as follows: Budget Unit 1020, add one (1) FTE Office Services Supervisor - Confidential; Budget Unit 1020, delete one (1) FTE Administrative Assistant - Confidential, and authorize the Chair to sign same.

TRANSPORTATION

(k)        Adoption of Resolution Approving Amendment No. 6 to Board of Supervisors (BOS) Agreement No. 00-324/Department of Transportation (DOT) Agreement No. 990099, Professional Services Agreement with Rau and Associates, Inc., in the Amount of $56,000, for Additional Engineering Work for the Reconstruction and Widening of Roadway on East Side Potter Valley Road, CR 240, M.P. 2.40 to M.P. 6.42 (Potter Valley Area)

Recommended Action/Motion: Adopt the Resolution approving Amendment No. 6 to Board of Supervisors (BOS) Agreement No. 00-324/DOT Agreement No. 990099, Professional Services Agreement with Rau and Associates Associates for additional engineering work for the reconstruction and widening of roadway on East Side Potter Valley Road, CR 240, M.P. 2.40 to M.P. 6.42; and authorize Board Chair to sign the Amendment in the amount of $56,000.

(l)          Adoption of Resolution Approving Department of Transportation (DOT) Agreements (for a Total Amount of $15,500) 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 Resolution approving DOT Agreements with the certain landowners for a total amount of $15,500, accept the Grant Deeds conveying real property from said 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, 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.

(m)      Adoption of Resolution Approving Parcel Map for Minor Subdivision No. MS 21-2008 (Pickus) and Accepting on Behalf of the Public, Item (A) of the Owner's Statement as Designated on the Parcel Map for the Purposes Specified Thereon, Located Approximately 0.75± Miles Northwest of Yorkville, Lying on the West Side of Big Oaks Drive, CR 120A (Yorkville Area)

Recommended Action/Motion: Adopt Resolution approving the Parcel Map for Minor Subdivision No. MS 21-2008, accept Item (A) of the Owner's Statement designated on the within map for the purposes specified thereon on behalf of the public,  located approximately 0.75± miles northwest of Yorkville, lying on the west side of Big Oaks Drive, CR 120A, and authorize the Chair to sign the same. Direct the Clerk of the Board to deliver the map to the Recorder for processing and recording.

(n)        Adoption of Resolution Approving Release of Contract Surety, 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: Adopt Resolution releasing the Contract Surety for DOT Contract No. 140013, 2014 Three Step Chip Seal Project on Old River Road and Hensley Creek Road, pursuant to applicable terms and conditions, and authorize the Chair to sign same.

(o)        Adoption of Resolution Approving Release of Contract Surety, Department of Transportation (DOT) Contract  No. 140015, 2014 Chip Seal Project on Various County Maintained Roads (County Wide)

Recommended Action/Motion: Adopt Resolution releasing the Contract Surety for DOT Contract No. 140015, 2014 Chip Seal Project on Various County Maintained Roads, pursuant to applicable terms and conditions, and authorize the Chair to sign same.

(p)        Adoption of Resolution Authorizing Department of Transportation (DOT) to Award, for an Amount Greater Than Previously Authorized and a New Total Amount of $837,792.25, 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 Department of Transportation (DOT) to award, for an amount greater than previously authorized and a new total amount of $837,792.25, 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.

(q)        Approval of Notice of Completion of Department of Transportation (DOT) Contract No. 130034, South State Street Bulb Outs on South State Street, CR 104A, M.P. 0.90 and M.P. 1.02 (Ukiah 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. 130034, South State Street Bulb Outs on South State Street,  CR 104A, M.P. 0.90 and M.P. 1.02, with the County Recorder.

TREASURER-TAX COLLECTOR

(r)         Adoption of Resolution Approving the Request to Sell Tax-Defaulted Property Subject to the Power of Sale

Recommended Action/Motion: Adopt resolution approving the request to sell tax-defaulted property subject to the power of sale and authorize the Chair to sign same.

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

(s)         Authorization for the Air Quality Management District to Participate in the State Carl Moyer Program, Acceptance of State Program Funds in the Amount of $244,075, and Authorization to Follow the Requirements of the State Program for Fiscal Year 2014/2015 (Funding Year 17) and Authorization for the Air Pollution Control Officer to Sign and Submit the Application to the California Air Resources Board

Recommended Action/Motion: Authorize the Air Quality Management District to participate in the state Carl Moyer Program, accept state program funds in the amount of $244,075, and authorize following the requirements of the state program for fiscal year 2014/2015 (Funding Year 17) and authorize the Air Pollution Control Officer to sign and submit the Application to the California Air Resources Board and request the Clerk of the Board to provide a Minute Order to the District of the Board's decision.

(t)          Approval of Air Quality Management District Proposed Dust Mitigation Grant Pilot Program and Authorization for the Appropriation of Funds in the Amount of $30,000 from the District's Motor Vehicle Fund Balance to Cover the Cost of the Program

Recommended Action/Motion: Approve the Air Quality Management District's Motor Vehicle Program Fund Dust Mitigation Grant Program as proposed and authorize the appropriation of $30,000 from the District's Motor Vehicle Fund Balance to cover the cost of the Program.

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