MENDOCINO COUNTY BOARD OF SUPERVISORS ACTION MINUTES APRIL 8, 2014

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1 Agenda Item # 4(b) MENDOCINO COUNTY BOARD OF SUPERVISORS ACTION MINUTES APRIL 8, 2014 MENDOCINO COUNTY BOARD OF SUPERVISORS CARRE BROWN FIRST DISTRICT VICE-CHAIR JOHN MCCOWEN SECOND DISTRICT JOHN PINCHES THIRD DISTRICT CHAIR DAN GJERDE FOURTH DISTRICT BEFORE THE BOARD OF SUPERVISORS COUNTY OF MENDOCINO STATE OF CALIFORNIA FAIR STATEMENT OF PROCEEDINGS (PURSUANT TO CALIFORNIA GOVERNMENT CODE 25150) REGULAR MEETING SPECIAL SESSION PLANNING MATTERS AGENDA ITEM NO. 1 OPEN SESSION (ROLL CALL AND PLEDGE OF ALLEGIANCE - 9:03 A.M.) Present: Supervisors Carre Brown, John McCowen, John Pinches, Dan Gjerde, and Dan Hamburg. Chair Pinches presiding. Staff Present: Ms. Carmel J. Angelo, Chief Executive Officer/Clerk of the Board; Mr. Douglas L. Losak, Acting County Counsel; and Ms. Nicole French, Deputy Clerk of the Board. Pledge of Allegiance: Mr. Kyle Knopp. DAN HAMBURG FIFTH DISTRICT CARMEL J. ANGELO CHIEF EXECUTIVE OFFICER/ CLERK OF THE BOARD DOUGLAS L. LOSAK ACTING COUNTY COUNSEL BOARD RESOURCE INFORMATION: OFFICE: (707) FAX: (707) THE BOARD: BOS@CO.MENDOCINO.CA.US AGENDA ITEM NO. 2A ADOPTION OF PROCLAMATION RECOGNIZING APRIL 6-12, 2014 AS VICTIMS' RIGHTS WEEK IN MENDOCINO COUNTY SPONSOR: DISTRICT ATTORNEY Presenter/s: Supervisor McCowen and Mr. Andy Alvarado, District Attorney Investigator. AGENDA ITEM NO. 2B ADOPTION OF PROCLAMATION RECOGNIZING APRIL 7-13, 2014 AS PUBLIC HEALTH WEEK IN MENDOCINO COUNTY SPONSOR: HEALTH AND HUMAN SERVICES AGENCY Presenter/s: Supervisor Hamburg and Ms. Sharon Convery, Deputy Director, Health and Human Services Agency. AGENDA ITEM NO. 2C ADOPTION OF PROCLAMATION RECOGNIZING APRIL 2014 AS CALIFORNIA SAFE DIGGING MONTH IN MENDOCINO COUNTY SPONSORS: SUPERVISORS PINCHES AND BROWN Presenter/s: Chair Pinches and Mr. Ken Cox, Service Planning Supervisor, Pacific Gas & Electric. WEBSITE: WATCH LIVE BOARD MEETINGS VIA WEB STREAMING BOARD ACTION MINUTES (SEE LAST PAGE FOR MORE INFORMATION) AGENDA ITEM NO. 2E ADOPTION OF PROCLAMATION RECOGNIZING APRIL 2014 AS NATIONAL ALCOHOL AWARENESS MONTH IN MENDOCINO COUNTY SPONSOR: HEALTH AND HUMAN SERVICES AGENCY Presenter/s: Supervisor Gjerde; Ms. Linda Heland, Senior Program Manager, Health and Human Services Agency; Mr. Tom Pinizzotto, Assistant Director, Health and Human Services Agency; and Mr. Scott Campbell, Acting Program Manager, Health and Human Services Agency. PAGE 48

2 BOARD OF SUPERVISORS ACTION MINUTES APRIL 8, 2014 PAGE 49 AGENDA ITEM NO. 2F ADOPTION OF PROCLAMATION RECOGNIZING AND SALUTING MS. KAREN CALVERT FOR OVER 27 YEARS OF PUBLIC SERVICE AS AN APPOINTEE TO THE MENDOCINO COUNTY PLANNING COMMISSION SPONSORS: SUPERVISORS BROWN AND MCCOWEN Presenter/s: Supervisor Brown. AGENDA ITEM NO. 3 PUBLIC EXPRESSION Presenter/s: Ms. Helen Michael; Mr. Aaron Burton; and Ms. Suzy Miller. AGENDA ITEM NO. 4 CONSENT CALENDAR Presenter/s: Chair Pinches. Board Directive: Consent Calendar item 4(h) removed for separate consideration. Board Action: Upon motion by Supervisor McCowen, seconded by Supervisor Brown, and carried unanimously; IT IS ORDERED that Consent Calendar items 4(a-g and i-k) are approved as follows: (a) March 10, 2014, Regular Board Meeting - Executive Office -- Approved; (b) March 11, 2014, Regular Board Meeting - Executive Office -- Approved; (c) March 25, 2014, Regular Board Meeting - Executive Office -- Approved; (d) Approval of Transferring Funds in Budget Unit 2710 from Line Item (Full Time Employees) to Line Item (Fixed Assets); Authorization for GSA to Acquire Three Replacement Vehicles for the Agriculture Department (Fixed Assets); and Approval of a Revised Fixed Asset Schedule as an Amendment to the FY 13/14 Budget - Agriculture -- Approved; (e) Adoption of Resolution Requesting Permission from California Highway Patrol (CHP) for the "Covelo Future Farmers of America (FFA) Field Day Parade" to be Held in Covelo, California, on Saturday, May 10, 2014, on State Route Supervisor Pinches -- Adopted and the Chair is authorized to sign same RESOLUTION NO RESOLUTION OF THE MENDOCINO COUNTY BOARD OF SUPERVISORS REQUESTING PERMISSION FROM CALIFORNIA HIGHWAY PATROL (CHP) FOR THE COVELO FUTURE FARMERS OF AMERICA (FFA) FIELD DAY PARADE TO BE HELD IN COVELO, CALIFORNIA, ON SATURDAY, MAY 10, 2014 ON STATE ROUTE 162 (f) Approval of the Local Government Officials Roundtable Checklist, as to Form, of Actions Taken to Date to Implement Comprehensive Broadband Availability throughout Mendocino County - Supervisors Hamburg and Brown -- Approved; (g) Adoption of a Resolution Renewing its Declaration of a Local Emergency and Extending the Existence of a Local Emergency Due to Drought Conditions and Imminent Threat of Disaster in Mendocino County Pursuant to Resolution No , , , and Executive Office and Sheriff's Office -- Adopted and the Chair is authorized to sign same RESOLUTION NO RESOLUTION OF THE MENDOCINO COUNTY BOARD OF SUPERVISORS RENEWING ITS DECLARATION OF A LOCAL EMERGENCY AND EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO DROUGHT CONDITIONS AND IMMINENT THREAT OF DISASTER IN MENDOCINO COUNTY PURSUANT TO RESOLUTION NO , , & (i) Acceptance of the Department of Planning and Building Services 2013 Development Activity Report Planning and Building Services -- Approved;

3 BOARD OF SUPERVISORS ACTION MINUTES APRIL 8, 2014 PAGE 50 (j) Authorization of the Transfer of Funds from the Water Agency Fund , to Budget Unit (Payments Other Government Agencies), in the Amount of $10, to Cover Unanticipated Expenditures Planning and Building Services -- Approved; (k) Approval of the Air Quality Management District's Request for Authorization of an Additional $55,748 to Change the Funding Amount Authorized for a Carl Moyer Program Grant Air Quality Management District Approved. AGENDA ITEM NO. 5(C) NOTICED PUBLIC HEARING APPROVAL OF MODIFICATIONS TO THE COUNTY FEE SCHEDULE (EFFECTIVE JULY 11, 2014), APPROVAL OF NEW PLANNING AND BUILDING SERVICES FEE SCHEDULE FORMAT, AND FURTHER, ADOPTION OF A RESOLUTION AMENDING THE MASTER FEE SCHEDULE SPONSOR: EXECUTIVE OFFICE Presenter/s: Mr. Brandon Merritt, Administrative Analyst II, Executive Office; Ms. Kristin McMenomey, General Services Agency Director; Ms. Janelle Rau, Administrative Services Manager II, General Services Agency; Ms. Stacey Cryer, Health and Human Services Agency Director; Mr. Buck Ganter, Chief Probation Officer; and Mr. Steve Dunnicliff, Planning and Building Services Director. Board Action: Upon motion by Supervisor Brown, seconded by Supervisor McCowen, and carried unanimously; IT IS ORDERED that the Board of Supervisors adopts a Resolution approving the proposed fee amendments to the Master Fee Schedule as discussed and amended, including the removal of the Alcohol and other Drugs fees changes, cat carrier and certified agricultural kennel fees, no changes in the sharps containers fee, and changing the Indian Creek Park per night per vehicle camping fee to $25, effective July 1, 2014, authorizing the Chair to sign same; and further, approves the new format of Planning and Building Services Department fee schedule as to form. RESOLUTION NO RESOLUTION OF THE MENDOCINO COUNTY BOARD OF SUPERVISORS, SUPERCEEDING RESOLUTION NO , ADOPTED ON APRIL 9, 2013, MODIFYING THE MASTER FEE SCHEDULE (EXHIBIT X) AGENDA ITEM NO. 5(D) NOTICED PUBLIC HEARING APPEAL OF MENDOCINO HISTORICAL REVIEW BOARD DECISION ON MHRB PERMIT TO ALLOW THE APPLICANT'S REQUEST TO REPLACE TWO HORIZONTAL WINDOWS WITH A CLUSTER OF THREE DOUBLE HUNG WINDOWS ON THE SOUTH ELEVATION OF AN APPROVED OUTBUILDING REPLACEMENT SPONSOR: PLANNING AND BUILDING SERVICES Presenter/s: Mr. Andy Gustavson, Chief Planner, Planning and Building Services and Mr. Bill Kinser, Senior Planner, Planning and Building Services. Applicant/Appellant presentation: Mr. Kelly Grimes, Appellant. Public Comment: Ms. Wendy Roberts, Mendocino Historic Review Board Member and Ms. Barbara Reed. Board Action: Upon motion by Supervisor Hamburg, seconded by Supervisor Brown, and carried unanimously; IT IS ORDERED that the Board of Supervisors grants the appeal and modify the MHRB decision to allow replacement of two horizontally oriented windows with three double hung wood frame windows as originally proposed. RECESS: 10:53 11:02 A.M. AGENDA ITEM NO. 4 CONSENT CALENDAR REMOVED FOR SEPARATE CONSIDERATION: 4(h) Adoption of Resolution Authorizing Changes to the Position Allocation Table as Follows: Budget Unit Delete 1.0 FTE Staff Assistant I, 1.0 FTE Supervising Staff Assistant, 1.0 FTE Museum Curator; Add 1.0 FTE Staff Assistant II, 1.0 Office Services Supervisor, 1.0 FTE Program Specialist II Human Resources -- Adopted and the Chair is authorized to sign same

4 BOARD OF SUPERVISORS ACTION MINUTES APRIL 8, 2014 PAGE 51 Presenter/s: Supervisor McCowen. Public Comment: Ms. Alison Glassey, Museum Director; Ms. Heidi Dunham, Deputy Chief Executive Officer; and Ms. Juanie Cranmer, Human Resources Manager. Board Directive: GENERAL CONSENSUS OF THE BOARD continues this matter and further directs staff to identify a position to delete from the Position Allocation Table that will allow the Museum Curator position to remain. AGENDA ITEM NO. 6B MENDOCINO COUNTY BOARD OF SUPERVISORS DROUGHT AD HOC COMMITTEE REPORT OUT SPONSOR: SUPERVISORS BROWN AND HAMBURG Presenter/s: Supervisor Brown and Supervisor Hamburg. AGENDA ITEM NO. 2D ADOPTION OF PROCLAMATION RECOGNIZING APRIL 2014 AS CHILD ABUSE PREVENTION MONTH IN MENDOCINO COUNTY SPONSOR: HEALTH AND HUMAN SERVICES AGENCY Presenter/s: Supervisor Hamburg and Ms. Jena Conner, Deputy Director Health and Human Services Agency. Public Comment: Ms. Carrie Fernandez, Children s Action Committee, AmeriCorps Vista and Mr. Norman DeVall. AGENDA ITEM NO. 6C INFORMATIONAL PRESENTATION TO THE BOARD OF SUPERVISORS ON CHILD ABUSE PREVENTION PROGRAMS PROVIDED BY MENDOCINO COUNTY'S CHILDREN'S ACTION COMMITTEE, FOLLOWED BY LUNCHEON IN THE ADMINISTRATION CENTER FOYER SPONSOR: SUPERVISOR HAMBURG Presenter/s: Ms. Anne Molgaard, First 5 Mendocino Executive Director and Ms. Willow Anderson, Communications Officer, Redwood Children s Services. Public Comment: Mr. Louis Bigfoot; Mr. Norman DeVall; Mr. Bryan Lowery, Assistant Director, Health and Human Services Agency; Ms. Jena Conner, Deputy Director, Health and Human Services Agency; Ms. Stacy Cryer, Health and Human Services Agency Director; and Ms. Stephanie Page, Program Supervisor, Arbor Youth Resource Center. LUNCH RECESS: 12:10-1:32 P.M. AGENDA ITEM NO. 5(E) NOTICED PUBLIC HEARING ADOPTION OF AN ORDINANCE TO APPROVE THE UPDATE OF THE MENDOCINO TOWN PLAN (CHAPTER 4.13 OF THE GENERAL PLAN) AND THE TOWN ZONING ORDINANCE (DIVISION III OF TITLE 20 OF THE MENDOCINO COUNTY CODE) (GP /OA ) AND ADOPTION OF THE RESOLUTION FOR SUBMITTAL OF A LOCAL COASTAL PLAN AMENDMENT TO THE CALIFORNIA COASTAL COMMISSION SPONSOR: PLANNING AND BUILDING SERVICES Presenter/s: Mr. Andy Gustavson, Chief Planner, Planning and Building Services and Mr. Steve Dunnicliff, Planning and Building Services Director. Public Comment: Ms. Barbara Reed, Ms. Wendy Roberts; Mr. Lee Edmundson; Mr. Monty Reed; Mr. Kelly Grimes; and Ms. Stacy Bradley.

5 BOARD OF SUPERVISORS ACTION MINUTES APRIL 8, 2014 PAGE 52 Board Action: Upon motion by Supervisor Hamburg, seconded by Supervisor McCowen, and carried unanimously; IT IS ORDERED that the Board of Supervisors accepts the draft update to the Mendocino Town Plan (Chapter 4.13 of the General Plan) and the Town Zoning Code (Division III of Title 20 of the Mendocino County Code) (GP /OA ) as discussed, and directs staff to prepare an Ordinance to approve the 2014 Mendocino Town Plan and related Zoning Code modification and prepare a Resolution to adopt the submittal of a Local Coastal Plan Amendment to the California Coastal Commission, as recommended by the Planning Commission and as further modified by the Board, to be agendized for the regular Board meeting of May 6, 2014 at 1:30 P.M. RECESS: 3:54 4:02 P.M. AGENDA ITEM NO. 6D OFF-AGENDA ITEM SUPERVISOR PINCHES PURSUANT TO GOVERNMENT CODE SECTION APPROVAL OF LETTER IN SUPPORT OF ASSEMBLY BILL 2119 (STONE) REGARDING LOCAL TRANSACTION AND USE TAXES Presenter/s: Supervisor Pinches reported that urgent Board consideration of this matter is necessary due to time constraints. Board Action: Upon motion by Supervisor McCowen, seconded by Supervisor Gjerde, and carried unanimously; IT IS ORDERED that this matter arose subsequent to the agenda being published pursuant to Government Code Section Board Action: Upon motion by Supervisor Brown, seconded by Supervisor McCowen, and carried unanimously; IT IS ORDERED the Board of Supervisors hereby authorizes the letter to Assembly Member Stone in support of AB 2119, and authorizes the Chair to sign same. AGENDA ITEM NO. 5A CHIEF EXECUTIVE OFFICER S REPORT Presenter/s: Ms. Carmel J. Angelo, Chief Executive Officer. AGENDA ITEM NO. 5B DISCUSSION AND POSSIBLE ACTION INCLUDING REVIEW, ADOPTION, AMENDMENT, CONSIDERATION OR RATIFICATION OF LEGISLATION PURSUANT TO THE ADOPTED LEGISLATIVE PLATFORM SPONSOR: EXECUTIVE OFFICE Presenter/s: Supervisor Brown. AGENDA ITEM NO. 6A SUPERVISORS' REPORTS REGARDING BOARD SPECIAL ASSIGNMENTS, STANDING AND AD HOC COMMITTEE MEETINGS, AND OTHER ITEMS OF GENERAL INTEREST Presenter/s: Board members. ADJOURNED TO CLOSED SESSION: 5:33 P.M. AGENDA ITEM NO. 9A PURSUANT TO GOVERNMENT CODE SECTION CONFERENCE WITH LABOR NEGOTIATOR - AGENCY NEGOTIATORS: CARMEL J. ANGELO, KYLE KNOPP, MS. TAMMI WESELSKY, JUANIE CRANMER, AND DONNA WILLIAMSON; EMPLOYEE ORGANIZATION(S): ALL AGENDA ITEM NO. 9B PURSUANT TO GOVERNMENT CODE SECTION PUBLIC EMPLOYEE PERFORMANCE EVALUATION - CHIEF EXECUTIVE OFFICER RECONVENED IN OPEN SESSION: 5:33 P.M.

6 BOARD OF SUPERVISORS ACTION MINUTES APRIL 8, 2014 PAGE 53 AGENDA ITEM NO. 9 REPORT OUT OF CLOSED SESSION Presenter: Chair Pinches. AGENDA ITEM NO. 10 COMMUNICATIONS RECEIVED AND FILED (a) State of California Natural Resources Agency, Department of Water Resources - Water Conditions in California, Report 1 March 1, (b) State of California Fish and Game Commission - Notice of proposed regulatory action relative to Section 28.20, Title 14, California Code of Regulations, relating to Pacific halibut sport fishing; for additional information, please contact Dr. Craig Shuman, Regional Manager, Department of Fish and Wildlife, at (805) , or visit THERE BEING NOTHING FURTHER TO COME BEFORE THE BOARD, THE MENDOCINO COUNTY BOARD OF SUPERVISORS ADJOURNED AT 5:34 P.M. Attest: NICOLE FRENCH Deputy Clerk of the Board JOHN PINCHES, Chair NOTICE: PUBLISHED MINUTES OF THE MENDOCINO COUNTY BOARD OF SUPERVISORS MEETINGS Effective March 1, 2009, Board of Supervisors minutes will be produced in action only format. As an alternative service, public access to recorded Board proceedings will be available on the Board of Supervisors website in indexed audio format LIVE WEB STREAMING OF BOARD MEETINGS is now available through Mendocino Access Television: Requires Windows Media Player (Version 9+). If technical assistance is needed, please contact Mendocino Access Television at (707) Minutes are considered draft until adopted/approved by the Board of Supervisors The Board of Supervisors action minutes are also posted on the County of Mendocino website at: To request an official record of a meeting of the Mendocino County Board of Supervisors, please contact the Executive Office at (707) Please reference the departmental website to obtain additional resource information for the Board of Supervisors and Clerk of the Board: Thank you for your interest in the proceedings of the Mendocino County Board of Supervisors