MENDOCINO COUNTY BOARD OF SUPERVISORS ACTION MINUTES SEPTEMBER 27, 2011

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1 MENDOCINO COUNTY BOARD OF SUPERVISORS ACTION MINUTES SEPTEMBER 27, 2011 MENDOCINO COUNTY BOARD OF SUPERVISORS CARRE BROWN FIRST DISTRICT JOHN MCCOWEN SECOND DISTRICT VICE-CHAIR JOHN PINCHES THIRD DISTRICT KENDALL SMITH FOURTH DISTRICT CHAIR DAN HAMBURG FIFTH DISTRICT CARMEL J. ANGELO CHIEF EXECUTIVE OFFICER/ CLERK OF THE BOARD JEANINE B. NADEL COUNTY COUNSEL BOARD RESOURCE INFORMATION: OFFICE: (707) FAX: (707) 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 NOS. 1 OPEN SESSION, ROLL CALL, AND PLEDGE OF ALLEGIANCE (9:04 A.M.) Present: Supervisors Carre Brown, John McCowen, John Pinches, Kendall Smith, and Dan Hamburg. Chair Smith presiding. Staff Present: Ms. Carmel J. Angelo, Chief Executive Officer/Clerk of the Board; Ms. Jeanine B. Nadel, County Counsel; and Kristine Lawler, Deputy Clerk of the Board. Pledge of Allegiance: Members of the 4-H Club. T1-60 AGENDA ITEM NO. 3 PUBLIC EXPRESSION Presenter/s: Mr. Louis Bigfoot. AGENDA ITEM NO. 4 APPROVAL OF MINUTES Presenter/s: Chair Smith. Board Action: Upon motion by Supervisor McCowen, seconded by Supervisor Brown, and carried unanimously; IT IS ORDERED that the meeting minutes of September 13, 2011, September 19, 2011, and September 20, 2011, are hereby approved, with the administrative corrections already provided to staff and the following additional modification to the minutes of September 13, 2011: On page 196, under public expression, delete the final board directive. AGENDA ITEM NO. 5 CONSENT CALENDAR Presenter/s: Chair Smith. Public Comment: Mr. Tanner Wetzel; Ms. Nadine Boar; and Mr. Scott Schneider. THE BOARD: BOS@CO.MENDOCINO.CA.US WEBSITE: WATCH LIVE BOARD MEETINGS VIA WEB STREAMING BOARD ACTION MINUTES (SEE LAST PAGE FOR MORE INFORMATION) NEXT MEETING (AGENDAS ARE POSTED ON THURSDAYS) Board Action: Upon motion by Supervisor McCowen, seconded by Supervisor Hamburg, and carried unanimously; IT IS ORDERED that Consent Calendar items 5(a-s) are approved/denied as follows: (a) Claim of Elaine Buxton -- Denied; (b) Claim of Kelsey Drake -- Denied; (c) Claim of Siu Kui Yee -- Denied; (d) Approval of the 2011/12 Tax Rates for Secured Property Tax Rolls Auditor -- Approved; (e) Adoption of Proclamation Recognizing the 25th Anniversary of the Grace Hudson Museum Supervisors Brown and McCowen -- Adopted and the Chair is authorized to sign same -- PAGE 211

2 BOARD OF SUPERVISORS ACTION MINUTES SEPTEMBER 27, 2011 PAGE 212 (f) Adoption of Proclamation Recognizing the Week of October 2-8, 2011, as National 4-H Week in Mendocino County Supervisor Brown -- Adopted and the Chair is authorized to sign same -- (g) Approval of Letters of Support for the Land Stewardship Plan of the PG&E - Stewardship Council Eel River Planning Unit Mendocino County, California Supervisors Brown and McCowen -- Approved and the Chair is authorized to sign same; (h) Adoption of Resolution Adopting the Mendocino County Final Budget for Fiscal Year 2011/2012 Executive Office -- Adopted and the Chair is authorized to sign same RESOLUTION NO RESOLUTION OF THE MENDOCINO COUNTY BOARD OF SUPERVISORS ADOPTING THE FINAL BUDGET FOR FISCAL YEAR 2011/2012 (i) Approval of Designation of Visit Mendocino County, Inc. as the Official Destination Marketing Organization of Mendocino County Executive Office -- Approved; (j) Approval for HHSA - Community Health Services to Accept a Federal Drug Free Communities Support Program Grant in the Amount of $125,000 for the 12 Months Beginning October 1, 2011; and Approve Resolution Authorizing HHSA Director to Approve Renewal of Grant Annually Over the Next 5 Years Health and Human Services Agency/Community Health Services -- Adopted and the Chair is authorized to sign same RESOLUTION NO RESOLUTION OF THE MENDOCINO COUNTY BOARD OF SUPERVISORS: AUTHORIZE HHSA DIRECTOR TO ACCEPT FUTURE DRUG FREE COMMUNITY SUPPORT PROGRAM ANNUAL GRANTS (THROUGH 2016) AWARDED TO COMMUNITY HEALTH SERVICES PREVENTION AND PLANNING UNIT (k) Approval for HHSA to Submit a Grant Application for the 2011 State Homeland Security Program (SHSP) with California Emergency Management Authority (CalEMA) in the Amount of $191,965; and Adopt Corresponding Resolution for Signature Authority Health and Human Services Agency/Community Health Services -- Adopted and the Chair is authorized to sign same RESOLUTION NO RESOLUTION OF THE MENDOCINO COUNTY BOARD OF SUPERVISORS TO ALLOW THE MENDOCINO COUNTY HEALTH & HUMAN SERVICES AGENCY (HHSA) COMMUNITY HEALTH SERVICES DIRECTOR AND THE HHSA FISCAL OFFICER TO ACT AS THE TWO AUTHORIZED AGENTS FOR HOMELAND SECURITY GRANT YEARS 2009, 2010 AND 2011 (l) BOS A2 Approval of 2nd Amendment to BOS Agreement No with Manzanita Services, Inc. Increasing the Amount by $74,401 and Extending Term Date to December 31, 2011, to Provide Recovery Centers in Willits and Ukiah Authority Health and Human Services Agency/Mental Health -- Approved and the Chair is authorized to sign same; (m) BOS Approval of Agreement with Mendocino County Youth Project in the Amount of $75,000 to Provide Mental Health Education, Destigmatization, and Peer Support Services in Fiscal Year 2011/2012 Health and Human Services Agency/Mental Health -- Approved and the Chair is authorized to sign same; (n) BOS Approval of Agreement with Mendocino County Youth Project in the Amount of $75,000 to Provide Prevention Collaboration Services for Children, Youth, and Families in Fiscal Year 2011/2012 Health and Human Services Agency/Mental Health -- Approved and the Chair is authorized to sign same;

3 BOARD OF SUPERVISORS ACTION MINUTES SEPTEMBER 27, 2011 PAGE 213 (o) Approval of Letter to Commissioner of Department of Motor Vehicles (DMV) Requesting Exemption of Title 13 (Vehicle Code) Section 12527(d)(2) for Covelo Fire Protection District Authority Health and Human Services Agency/Community Health Services -- Approved and the Chair is authorized to sign same; (p) Approval of the Program Year 2011/12 Modification of the Strategic Five-Year Workforce Investment Plan for Mendocino County on Behalf of the Workforce Investment Board Authority Health and Human Services Agency/Community Health Services/Workforce Investment Board (WIB) -- Approved and the Chair is authorized to sign same; (q) Approval of the 2012 Employee Health Plan Renewal Report, and to Maintain Funding/Premiums for the Employee Health Plan at Their Current Levels for the 2012 Calendar Year Authority Human Resources -- Approved; (r) Authorization to Exchange One of the Comprehensive Criminal Justice/Public Safety Integrated Software System Modules for Another without Changing Any Terms or Costs; and Request the Board Authorize the Sheriff, Jointly with the Director of General Services, to Sign Any Subsequent Amendments and/or Other Required Documentation Related to the New World/New Dawn Contract Authority Sheriff -- Approved; (s) Adoption of Resolution Supporting the County's Applications for Transportation Enhancement (TE) Program Funding under the 2012 State Transportation Improvement Program (STIP) and Authorizing the Director of Transportation, or His Designee, to Process Said Applications (Caspar and Calpella Areas) Authority Department of Transportation -- Adopted and the Chair is authorized to sign same. T1-450 RESOLUTION NO RESOLUTION OF THE MENDOCINO COUNTY BOARD OF SUPERVISORS SUPPORTING THE COUNTY S APPLICATIONS FOR TRANSPORTATION ENHANCEMENT (TE) PROGRAM FUNDING UNDER THE 2012 STATE TRANSPORTATION IMPROVEMENT PROGRAM (STIP) AND AUTHORIZING THE DIRECTOR OF TRANSPORTATION, OR HIS DESIGNEE, TO PROCESS SAID APPLICATIONS (CASPAR AND CALPELLA AREAS) AGENDA ITEM NO. 7B INTRODUCTION AND WAIVE READING OF THE ORDINANCE AMENDING CHAPTER 2.08 OF THE MENDOCINO COUNTY CODE PERTAINING TO SUPERVISORIAL DISTRICTS Presenter/s: Ms. Jeanine B. Nadel, County Counsel. Board Action: Upon motion by Supervisor McCowen, seconded by Supervisor Hamburg, and carried (4/1, with Supervisor Pinches dissenting); IT IS ORDERED that the Board of Supervisors hereby adopts the Introduction and waives the reading of the ordinance amending Chapter 2.08 of the Mendocino County Code pertaining to Supervisorial Districts. Provide a signed copy of the adopted ordinance to County Counsel, Planning and Building Services, and Elections Department and note maps are to be on file in the Planning Department and with the Clerk of the Board of Supervisors. T1-514 AGENDA ITEM NO. 8A SUPERVISORS REPORTS Presenter/s: Board members. T AGENDA ITEM NO. 6A CHIEF EXECUTIVE OFFICER S REPORT Presenter/s: Ms. Carmel J. Angelo, Chief Executive Officer. AGENDA ITEM NO. 6B DISCUSSION AND POSSIBLE ACTION INCLUDING REVIEW, ADOPTION, AMENDMENT, CONSIDERATION OR RATIFICATION OF LEGISLATION PURSUANT TO THE ADOPTED LEGISLATIVE PLATFORM Presenter/s: Ms. Kristi Furman, Deputy Chief Executive Officer.

4 BOARD OF SUPERVISORS ACTION MINUTES SEPTEMBER 27, 2011 PAGE 214 T AGENDA ITEM NO. 7A DIRECTOR'S REPORT - PLANNING AND BUILDING SERVICES Presenter/s: Chair Smith referenced the written report previously transmitted by Mr. Nash Gonzalez, Planning and Building Services Director. Public Comment: Mr. Roger Mobley, Planning and Building Services, Chief Planner. Board Directive: GENERAL CONSENSUS OF THE BOARD directs staff to schedule an agenda item to discuss the appointments of two members to the Technical Review Committee as referenced in Item No. 5 of the Planning and Building Services Director s report. T AGENDA ITEM NO. 9A INFORMATIONAL PRESENTATION OF THE FAMILY DEPENDENCY DRUG COURT (FDDC) Presenter/s: Supervisor McCowen; Judge Dave E. Nelson; Mr. Sid Gardner, Children and Family Futures, President; Ms. Stacey Cryer, Health and Human Resources Agency Director; and Ms. Rebecca Wilson, Children s Services Deputy Director. Public Comment: Ms. Nancy Sutherland; Ms. Tellie Myers; Ms. Julie Marrs; Ms. Jennifer Serr; Ms. Dolly Riley; Ms. Jacqueline Williams; Mr. Jeremy Meltzer; Ms. Anne Molgaard; and Ms. Dianne Pauli. RECESS: 11:07 11:18 A.M. T AGENDA ITEM NO. 7C PRESENTATION REGARDING THE COMMUNITY CORRECTIONS PARTNERSHIP AB109 CRIMINAL JUSTICE REALIGNMENT; AND ADOPTION OF THE COMMUNITY CORRECTIONS PARTNERSHIP PRELIMINARY PLAN FOR THE IMPLEMENTATION OF AB109, CRIMINAL JUSTICE REALIGNMENT; AND FURTHER AUTHORIZATION FOR THE CHIEF PROBATION OFFICER TO SIGN AND AMEND AGREEMENTS AND MEMORANDUM OF UNDERSTANDINGS WITH VARIOUS LOCAL COMMUNITY CORRECTIONS PARTNERSHIP MEMBER AGENCIES FOR THE IMPLEMENTATION OF THE PRELIMINARY PLAN Presenter/s: Sheriff Tom Allman and Mr. Jim Brown, Chief Probation Officer. Public Comment: Mr. David Eyster, District Attorney; Honorable Ann Mormon, Judge of Superior Court; Mr. J.R. Rose; Ms. Anne Molgaard, First 5 Mendocino; and Ms. Camille Schraeder, Redwood Children s Services. Board Action: Upon motion by Supervisor Brown, seconded by Supervisor McCowen, and carried unanimously; IT IS ORDERED that the Board of Supervisors adopts the Community Corrections Partnership Preliminary Plan for the Implementation of AB109, Criminal Justice Realignment; and authorize the Chief Probation Officer to sign and amend agreements and memorandum of understandings with various local Community Corrections Partnership member agencies for the implementation of the preliminary plan. Board Directive: GENERAL CONSENSUS OF THE BOARD directs staff to create a press release to provide clarification to the public regarding the provisions and implementation of AB109. Board Directive: GENERAL CONSENSUS OF THE BOARD directs staff to give quarterly reports to the Board of Supervisors. Board Directive: BY ORDER OF THE CHAIR the Board will adjourn to a working lunch and Closed Session, and will reconvene in Open Session at 1:30 P.M. ADJOURNED TO CLOSED SESSION: 12:24 P.M. AGENDA ITEM NO. 12A SITTING AS THE IHSS PUBLIC AUTHORITY GOVERNING BOARD: PURSUANT TO GOVERNMENT CODE SECTION CONFERENCE WITH LABOR NEGOTIATOR - AGENCY NEGOTIATORS:

5 BOARD OF SUPERVISORS ACTION MINUTES SEPTEMBER 27, 2011 PAGE 215 CARMEL J. ANGELO, PAT MEEK, STACEY CRYER, AND MARYLOU LEONARD; EMPLOYEE ORGANIZATION(S): IHSS PROVIDERS AGENDA ITEM NO. 12B PURSUANT TO GOVERNMENT CODE SECTION CONFERENCE WITH LABOR NEGOTIATOR - AGENCY NEGOTIATORS: CARMEL J. ANGELO, PAT MEEK, MEREDITH FORD, KYLE KNOPP, AND RICK HAEG; EMPLOYEE ORGANIZATION(S): ALL RECONVENED IN OPEN SESSION: 1:33 P.M. T3-443 AGENDA ITEM NO. 12 REPORT OUT OF CLOSED SESSION Presenter: Chair Smith Board Action: No action was taken in Closed Session other than direction given to staff. T3-445 AGENDA ITEM NO. 7E DISCUSSION AND POSSIBLE ACTION REGARDING A MOBILE HOME (SPACE) RENT CONTROL ORDINANCE Presenter/s: Ms. Jeanine B. Nadel, County Counsel. Public Comment: Ms. Janet Hurlbut; Ms. Judy Hatch; Mr. Walt Waterbury; Mr. Don Howard; Ms. Joann Cortina; Ms. Donna Buttitta; Mr. Roger McConnell; Mr. Doug Johnson; Mr. Dick Selzer; Mr. Jessie Martin; Mr. J.R. Rose; and Ms. Barbara Chandler. Board Action: Upon motion by Supervisor Hamburg, seconded by Supervisor McCowen, and carried (4/1, with Supervisor Pinches dissenting); IT IS ORDERED that the Board of Supervisors directs staff to create a Rent Stabilization Ordinance to be brought back for consideration by this Board, and directs the Executive Office to work with County Counsel to garner public input. RECESS: 2:30 2:37 P.M. T AGENDA ITEM NO. 7D PRESENTATION OF THE 2012 NON-MEDICARE ELIGIBLE RETIREE HEALTH PLAN RENEWAL REPORT AND ESTABLISHMENT OF PREMIUM RATES; AND DISCUSSION AND POSSIBLE ACTION REGARDING COVERAGE OF MEDICARE ELIGIBLE RETIREES HEALTH REIMBURSEMENT ACCOUNTS (HRA) FOR THE 90-DAY NOTICING PERIOD Presenter/s: Ms. Pat Meek, Human Resources Director; Ms. Sue Goodrick, Human Resources Manager; Mr. E. Peter McNamara, Keenan Associates, Senior Vice President - Municipalities; Ms. Jovita Juanillo, Keenan Associates, Senior Vice President - Technical; and Mr. Michael Ahn, Keenan Associates, Vice President Municipalities. Public Comment: Ms. Reta Hill; Ms. Marsha Wharff; Mr. Terry Melvin; Mr. Richard Shoemaker; Mr. Norman L. de Vall; and Mr. Jim Anderson, Retirement Board, Retirement Administrator. Board Action: Upon motion by Supervisor Pinches, seconded by Supervisor McCowen, and carried (4/1, with Supervisor Hamburg dissenting); IT IS ORDERED that the Board of Supervisors 1) Receive 2012 Non-Medicare Eligible Retiree Premium Renewal Report; 2) Direct staff to increase premium levels for Non-Medicare Eligible Retiree Health Plan to fully fund plan costs; 3) Authorize staff to send 90-day notification letters of Retiree Health Fund depletion to Medicare Eligible Retirees and Non-Medicare Eligible Retirees; 4) Authorize the Auditor to set up a separate account for Medicare Eligible Retirees HRA contributions in the amount of $107,016, and direct staff to bring back recommendations to finance Medicare Eligible Retirees HRA contributions for the 90-day noticing period. RECESS: 4:20 4:35 P.M. T4-3577

6 BOARD OF SUPERVISORS ACTION MINUTES SEPTEMBER 27, 2011 PAGE 216 AGENDA ITEM NO. 7F DISCUSSION AND POSSIBLE ACTION TO INTRODUCE AND WAIVE READING OF ORDINANCE AMENDING CHAPTER OF THE MENDOCINO COUNTY CODE (STORMWATER ORDINANCE) Presenter/s: Ms. Jeanine B. Nadel, County Counsel; Mr. Roger Mobley, Planning and Building Services, Chief Planner; and Ms. Abbey Stockwell, Planning and Building Services, Planner I. Public Comment: Mr. Norman de Vall (statement read by Anna Birkas); Ms. Cathy McKeon, Rau and Associates, Inc.; Ms. Don McEnhill; Mr. Clifford Paulin; Ms. Anna Birkas; Ms. Linda Sanders, Friends of Gibson Creek; Mr. Chuck Williams; Mr. Daniel Myers; Mr. Steve Hall; Ms. Meca Wawona; Mr. Jonathan Middlebrook; Mr. Tony Shaw, Employers Council of Mendocino County; Ms. Devon Jones; Mr. Antonio Andrade; and Mr. Lee Howard. Board Action: Upon motion by Supervisor Brown, seconded by Supervisor Pinches, and carried (3/2 with Supervisors Smith and Hamburg dissenting); IT IS ORDERED that the Board of Supervisors introduces and waives the reading of an ordinance amending Chapter of the Mendocino County Code with the following modifications: Page 13 of the strikethrough version of the ordinance, sub-section B, reading Projects disturbing less than an acre but create 5,000 square feet or more of new impervious surfaces shall meet the requirements of the Standard Urban Stormwater Mitigation Plan (SUSMP), by implementing appropriate source controls, be added back into the ordinance and moved to page 9 under as a new sub section D. Under sub-section B of , add the language construction and grading just after the word performing and just before the word work. Modify chapter to add the correct name for Chapter 8.75 (Chapter 8.75 Uniform Nuisance Abatement Procedure). AGENDA ITEM NO. 6A CHIEF EXECUTIVE OFFICER S REPORT, CONTINUED Presenter/s: Ms. Carmel J. Angelo, Chief Executive Officer. THERE BEING NOTHING FURTHER TO COME BEFORE THE BOARD, THE MENDOCINO COUNTY BOARD OF SUPERVISORS ADJOURNED AT 6:26 P.M. Attest: KRISTINE LAWLER Deputy Clerk of the Board KENDALL SMITH, 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