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

 

Regular Meeting

March 3, 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 Action Regarding the Second Quarter Mid-Year Budget Report on the Status of County Departmental Budgets and Executive Office Recommendations for Fiscal Year (FY) 2014-2015 (See Item No. 5c)

1:30 p.m.: Adoption of a Resolution Supporting the Dedication of Bridge No. 10-218 on US Highway 101 Spanning the Eel River at the Mendocino - Humboldt County Border, in Memory of Mr. Lowell C. Allen (See Item No. 6b)

2:00 p.m.: Noticed Public Hearing-Consideration of an Appeal of Administrative Permit #AP 2014-0003, Authorizing Black Butte River Ranch to Hold up to Five (5) Entertainment Events Between May and October 2015 (Covelo Area) (See Item No. 5e)

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 March 2015 as Women's History Month in Mendocino County and Recognizing the Individuals to be Honored at the Annual Women's History Gala Celebration (Sponsors: Supervisors Brown and McCowen)

(b)        Adoption of Proclamation Recognizing Holly Near as a 2015 Women's History Month National Honoree  (Sponsors: Supervisors Brown and McCowen)

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.

(c)         Discussion and Possible Action Regarding the Second Quarter Mid-Year Budget Report on the Status of County Departmental Budgets and Executive Office Recommendations for Fiscal Year (FY) 2014-2015

Recommended Action/Motion: Accept the Second Quarter Mid-Year Budget Report on the status of departmental spending and revenues for FY 2014-2015 and approve Executive Office recommendations.

PLANNING AND BUILDING SERVICES

(d)        Informational Presentation by the Mendocino County Resource Conservation District (MCRCD)

Recommended Action/Motion: Receive the informational presentation of the MCRCD.

(e)         Noticed Public Hearing-Consideration of an Appeal of Administrative Permit #AP 2014-0003, Authorizing Black Butte River Ranch to Hold up to Five (5) Entertainment Events Between May and October 2015 (Covelo Area)

Recommended Action/Motion: Uphold the Zoning Administrator's decision to approve Administrative Permit #AP 2014-0003 and certify the Mitigated Negative Declaration to allow five (5) outdoor musical events between May and October 2015 with a modification to conditions of approval 33 and 34 to add the following sentence at the end of each: "The qualified professional monitoring the noise shall have the authority to manage or control the amplified music to ensure the Events will not exceed the County's noise standard."

(f)          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

(b)        Adoption of Resolution Supporting the Dedication of Bridge No. 10-218 on US Highway 101 Spanning the Eel River at the Mendocino - Humboldt County Border, in Memory of Mr. Lowell C. Allen (Sponsor: Supervisor Gjerde)

Recommended Action/Motion: Adopt Resolution supporting the dedication of Bridge No. 10-218 on US Highway 101 spanning the Eel River at the Mendocino - Humboldt County border, in Memory of Mr. Lowell C. Allen, 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.

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 54956.9(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

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 public meeting on April 7, 2015 at 9:00 AM at the CalEPA Headquarters Building in Sacramento, CA for proposed final amendment to the Water Quality Plan for the ocean waters of California to control trash and part 1 trash provisions of the water quality control plan for inland surface waters, enclosed bays, and estuaries of California and proposed final staff report including the substitute environmental documentation; for additional information please contact Johanna Weston at (916) 327-8117 or via email at johanna.weston@waterboards.ca.gov, or contact Stacy Gillespie, Senior Staff Counsel, at (916) 341-5190.

(b)        State Fish and Game Commission - Notice of proposed regulatory action relative to amending section 708.5 "Deer and Reporting Requirements," Title 14, California Code of Regulations, relating to the proposed 2015 Sport Fishing regulations, which was published in the California Regulatory Notice Register on January 2, 2015, Register 2011, No. 1-Z; OAL Notice File No. Z2014-1223-01; for additional information please contact Karen Mitchell, Senior Environmental Scientist, Fisheries Branch, (916) 445-0826, or visit www.fgc.ca.gov.

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 Ismael Ceja

(b)        Claim of Corrina Koepplin

(c)         Claim of Emil Rossi

Items Recommended for Approval:

MINUTES

(d)        February 3, 2015 Regular Board Meeting

(e)         February 17, 2015 Regular Board Meeting

(f)          February 18, 2015 Board of Supervisors Workshop

APPOINTMENTS

(g)        Approval of Recommended Appointments/Reappointments

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

BOARD OF SUPERVISORS

(h)        Approval of a Letter of Support to CalTrans and Del Norte County Local Transportation Commission Recommending the Selection of an Alternative Route to the Last Chance Grade (Sponsors: Supervisors Brown and Woodhouse)

Recommended Action/Motion: Approve the letter of support to CalTrans and Del Norte County Local Transportation Commission recommending the selection of an alternative route to the Last Chance Grade, and authorize the Chair to sign the same.

COUNTY COUNSEL

(i)          Approval of Settlement Agreement in the North Gualala Water Company v. County of Mendocino Lawsuit (SCUK-CVG-12-60165) in an Amount not to Exceed $45,000

Recommended Action/Motion: Approve settlement agreement in the North Gualala Water Company v. County of Mendocino lawsuit (SCUK-CVG-12-60165) in an amount not to exceed $45,000, and authorize Chair to sign same.

EXECUTIVE OFFICE

(j)          Ratification of the Formation of an Ad Hoc Committee Comprised of Supervisors John McCowen and Dan Hamburg to Assist with the Ongoing Litigation and Possible Settlement Options with Solid Waste Systems, Inc.

Recommended Action/Motion: Ratify the formation of an ad hoc committee comprised of Supervisors John McCowen and Dan Hamburg to assist with the ongoing litigation and possible settlement options with Solid Waste Systems, Inc. and report back to the Board of Supervisors as necessary.

GENERAL SERVICES AGENCY

(k)        Adoption of Resolution Updating the Allocation List for the Assignment of Vehicles to County Departments and Superseding Resolution No. 88-204

Recommended Action/Motion: Adopt Resolution updating the allocation list for the assignment of vehicles to County departments superseding Resolution No. 88-204, and authorize Chair to sign same.

(l)          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.

(m)      Adoption of Resolution Authorizing Designated Employees to Act as Representatives Regarding Acquisition of State and Federal Surplus Property

Recommended Action/Motion: Adopt Resolution authorizing designated employees to act as representatives regarding acquisition of state and federal surplus property, and authorize Chair to sign same.

HEALTH AND HUMAN SERVICES AGENCY

(n)        Adoption of Resolution and Approval of Memorandum of Understanding (MOU) Authorizing Health and Human Services Agency (HHSA) to  Participate in the Universal Membership Agreement and MOU with the Equifax/TALX Corporation and California Department of Social Services and Further Authorize the HHSA Director to Sign Any Future Amendments that do not Increase the Annual Maximum Amount

Recommended Action/Motion: Adopt and authorize the Chair to sign Resolution and MOU approving HHSA participation in the Universal Membership Agreement and MOU with Equifax/TALX Corporation and California Department of Social Services, and Authorize the HHSA Director to sign any future amendments that do not increase the annual maximum amount.

(o)        Approval of Agreement with Mendocino County Office of Education (MCOE) in the Amount  of $175,000 to Provide CalFresh Outreach Services to Schoolchildren  in Mendocino County in Calendar Year 2015 and Further Authorize the Health and Human Services Agency (HHSA) Director to Sign Any Future Amendments that do not Increase the Annual Maximum Amount

Recommended Action/Motion: Approve and authorize the Board Chair to sign Agreement with Mendocino County Office of Education (MCOE) in the Amount of $175,000 to provide CalFresh outreach services.  Authorize the HHSA Director to sign any future amendments to the agreement that do not increase the annual maximum amount.

HUMAN RESOURCES

(p)        Adoption of Resolution Authorizing New Classification and Changes to the Position Allocation Table as Follows:  Budget Unit 4010,  Delete One (1) FTE Staff Assistant III Salary Grade S26A; Adopt Classification and Add One (1) FTE Vital Statistics Technician at Salary Grade S29A; and Authorize Reclassification and Salary Adjustment to Affected Incumbent

Recommended Action/Motion: Adopt and authorize the Chair to sign Resolution authorizing new classification and changes to the Position Allocation Table as follows: Budget Unit 4010, delete one (1) FTE Staff Assistant III Salary Grade S26A; adopt classification and add one (1) FTE Vital Statistics Technician at Salary Grade S29A; and authorize reclassification and salary adjustment to affected incumbent, and authorize Chair to sign same.

PLANNING AND BUILDING SERVICES

(q)        Authorization of the Issuance of Administrative Coastal Development Permit Modification #CDPM 2015-0001 (Goble), to Allow a 778 Square Foot Increase in the Size of the Originally Approved Single-Family Dwelling Unit, Located Near Fort Bragg, as Approved by the Coastal Permit Administrator

Recommended Action/Motion: Authorize issuance of Coastal Development Permit Modification #CDPM 2015-0001 (Goble) to allow a 778 square foot increase in the size of the originally approved Single-Family dwelling unit, located near Fort Bragg, as approved by the Coastal Permit Administrator.

(r)         Authorization of the Issuance of Coastal Development Permit #CDP 2013-0002 (Camera), for Construction of a Single Family Residence with Improvements to Driveway, Septic, Well, and Water Storage, near Anchor Bay as Approved by the Coastal Permit Administrator

Recommended Action/Motion: Authorize issuance of Coastal Development Permit #CDP 2013-0002 (Camera) for construction of a single family residence with improvements to driveway, septic, well, and water storage, near Anchor Bay, as approved by the Coastal Permit Administrator.

SHERIFF-CORONER

(s)         Approval to Add a Capital Improvement Project Within Budget Unit 1710 for the Installation of Data and Power Lines with Conduit for Video Conferencing in the Mendocino County Jail

Recommended Action/Motion: Approve the addition of a capital improvement project within Budget Unit 1710 for the installation of data and power lines with conduit for video conferencing in the Mendocino County Jail.  Further, direct staff to obtain bids for the project and return to the Board of Supervisors with an appropriations transfer request at a later date.

(t)          Adoption of Resolution Authorizing the Mendocino County Sheriff's Office to Accept Funding for the Byrne Justice Assistance Grant (JAG) from the Board of State and Community Corrections in the Amount of $220,000

Recommended Action/Motion: Adopt Resolution authorizing the Mendocino County Sheriff's Office to accept funding for the Byrne Justice Assistance Grant from the Board of State and Community Corrections in the amount of $220,000. Authorize the Board Chair to sign the corresponding resolution, and authorize the Board Chair to sign the Grant Agreement with the Board of State and Community Corrections.

(u)        Adoption of Resolution Authorizing the Mendocino County Sheriff's Office to Submit an Application to the State of California, Through the Department of Parks and Recreation, Off-Highway Motor Vehicle Recreation Division in the Amount of $43,682 with an Additional $14,560 Match (In Kind) From the Mendocino County Sheriff's Office

Recommended Action/Motion: Adopt Resolution authorizing the Mendocino County Sheriff's Office to submit an application to the State of California, through the Department of Parks and Recreation, Off-Highway Motor Vehicle Recreation division in the amount of $43,682 with an additional $14,560 in kind match from the Mendocino County Sherriff's Office.

TRANSPORTATION

(v)        Adoption of Resolution Accepting the Findings and Recommendations of Traffic Study No. 14-02 and Declaring Intent to Establish a Prima Facie Speed Limit on Pomo Lake Drive, CR 551, and Sea Cypress Drive, CR 568 (Point Arena Area) and Direction the Department of Transportation to Prepare and Submit an Ordinance Establishing Prima Facie Speed Limits as Presented in Traffic Study 14-02, and Authorization and Direction for the Department of Transportation to Erect, Place and Maintain the Appropriate Traffic Control Devices

Recommended Action/Motion: Adopt Resolution accepting Traffic Study No. 14-02, declare intent to establish speed zone recommended by Traffic Study No. 14-02, direct the Department of Transportation to prepare and submit an ordinance establishing prima facie speed limits as presented in Traffic Study 14-02, authorize and direct the Department of Transportation to erect, place and maintain the appropriate traffic control devices.

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 WATER AGENCY.

        Mendocino County Water Agency

(w)       Approval of Agreement with LACO Associates in the Amount of $94,000 for Support Services to the Mendocino County Water Agency for the Term of January 1, 2015 to December 31, 2015 and Authorization for the Water Agency Director to Sign Any Future Amendments to the Agreement that do not Increase the Annual Maximum Amount (Sponsor: Executive Office)

Recommended Action/Motion: Approve and authorize the Board Chair to sign agreement with LACO Associates in the amount of $94,000 for support services to the Mendocino County Water Agency for the term of January 1, 2015 to December 31, 2015.  Further, authorize the Water Agency Director to sign any future amendments to the Agreement that do not increase the annual maximum amount.

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