MENDOCINO COUNTY BOARD OF SUPERVISORS ACTION MINUTES OCTOBER 20, 2015

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1 Agenda Item 4(d) MENDOCINO COUNTY BOARD OF SUPERVISORS ACTION MINUTES OCTOBER 20, 2015 MENDOCINO COUNTY BOARD OF SUPERVISORS CARRE BROWN FIRST DISTRICT CHAIR JOHN MCCOWEN SECOND DISTRICT TOM WOODHOUSE THIRD DISTRICT DAN GJERDE FOURTH DISTRICT VICE-CHAIR DAN HAMBURG FIFTH DISTRICT CARMEL J. ANGELO CHIEF EXECUTIVE OFFICER/ CLERK OF THE BOARD DOUGLAS L. LOSAK INTERIM COUNTY COUNSEL BOARD RESOURCE INFORMATION: 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 9:02 A.M.) Present: Supervisors Carre Brown, John McCowen, Tom Woodhouse, Dan Gjerde, and Dan Hamburg. Chair Brown presiding. Staff Present: Ms. Carmel J. Angelo, Chief Executive Officer/Clerk of the Board; Mr. Douglas L. Losak, Interim County Counsel; and Ms. Karla Van Hagen, Deputy Clerk of the Board. Pledge of Allegiance: The Honorable Ann Moorman. AGENDA ITEM NO. 2A ADOPTION OF PROCLAMATION DECLARING THAT GINNY RORBY, ARTIST; MARY ANN VILLWOCK, INDIVIDUAL PATRON; THE NORTH COAST BREWING COMPANY, BUSINESS; FRIENDS OF THE ROUND VALLEY LIBRARY, ARTS ORGANIZATION; AND PACIFIC COMMUNITY CHARTER SCHOOL, ARTS EDUCATION ARE RECIPIENTS OF THE 2015 MENDOCINO COUNTY ART CHAMPIONS AWARDS AS NOMINATED BY THE COMMUNITY AND SELECTED BY THE ARTS COUNCIL OF MENDOCINO COUNTY (ACMC) BOARD OF DIRECTORS SPONSOR: EXECUTIVE OFFICE Presenter/s: Chair Brown and Supervisor Hamburg. Public Comment: Ms. Ginny Rorby; Ms. Mary Ann Villwock; Ms. Sigrid Hillsen; Ms. Kristy Esparza; Ms. Alison Weir; and Ms. Karen Lewis. Board Action: Approved without objection. AGENDA ITEM NO. 4 CONSENT CALENDAR Presenter/s: Chair Brown. OFFICE: (707) FAX: (707) THE BOARD: BOS@CO.MENDOCINO.CA.US WEBSITE: WATCH LIVE BOARD MEETINGS VIA WEB STREAMING Public Comment: The Honorable Ann Moorman; Mr. Timothy Pearce, Captain, Mendocino County Sheriff s Office; Ms. Elizabeth Popowski, Accountant II, Mendocino County Sheriff s Office; and Ms. Camille Schraeder. Board Action: Upon motion by Supervisor McCowen, seconded by Supervisor Gjerde, and carried unanimously; IT IS ORDERED that Consent Calendar items 4(a-k) are approved as follows: BOARD ACTION MINUTES (SEE LAST PAGE FOR MORE INFORMATION)

2 BOARD OF SUPERVISORS ACTION MINUTES OCTOBER 20, 2015 PAGE 179 (a) (b) (c) (d) (e) (g) (BOS Agreement No ) Approval of Grant Agreement Between the County Department of Agriculture and the State of California Department of Conservation, in the Amount of $93,400 and Authorization for the Auditor-Controller s Office to Establish a New Budget Unit for the Grant Agriculture - Approved and the Chair is authorized to sign same; (BOS Agreement No ) Approval of Agreement with Redwood Community Services, Inc., in the Amount of $120,000 to Provide Housing and Services to Emancipated Foster/Probation Youth for Health and Human Services Agency (HHSA) Family and Children s Services (FCS) in Fiscal Year 2015/16 - Health and Human Services Agency - Approved and the Chair is authorized to sign same; (BOS Agreement No ) Approval of Agreement with LACO Associates in the Amount of $72,700 to Conduct State Mandated Annual Inspections of County Mines and Quarries and Preparation of Inspection Reports for the Term of September 1, 2015 to June 30, Planning and Building Services - Approved and the Chair is authorized to sign same; Approval of Retroactive Acquisition Due to an Emergency Purchase of 20 Foot Trailer in the Amount of $8, and Add Item to the County's Approved List of Fixed Assets - Sheriff s Department - Approved; Adoption of Resolution Authorizing the Mendocino County Sheriff's Office to Apply for the Byrne Justice Assistance Grant (JAG) from the Board of State and Community Corrections in the amount of $220,000 - Sheriff s Department Adopted and Chair is authorized to sign same - RESOLUTION NO RESOLUTION OF THE MENDOCINO COUNTY BOARD OF SUPERVISORS AUTHORIZING THE SHERIFF TO SUBMIT A GRANT APPLICATION FOR THE BOARD OF STATE AND COMMUNITY CORRECTION (BSCC) FUNDING AND TO SIGN THE GRANT AGREEMENT (BOS Agreement Nos , ) Approval of Agreements with U.S. Corrections and Guard Force International, Inc. for an Amount Not to Exceed a Total of $75,000 Annually to Provide Inmate Transportation Services - Sheriff s Department - Approved and the Chair is authorized to sign same; (h) Approval of Purchase of FARO 3D Laser Crime Scene Scanner in the Amount of $73, and Approval of the Necessary Budget Transfer from Asset Forfeiture Revenue Line Item SO to SO ; and further Add to Approved List of Fixed Assets - Sheriff s Department - - Approved; (i) Approval of Notice of Completion, Department of Transportation (DOT) Contract No , 2011 Storm Damage Repairs on Comptche Ukiah Road, CR 223, M.P (Comptche Area) - Transportation - Approved and the Chair is authorized to sign same; (j) Approval of Notice of Completion, Department of Transportation (DOT) Contract No , 2011 Storm Damage Repairs on Comptche Ukiah Road, CR 223, M.P (Comptche Area) - Transportation - Approved and the Chair is authorized to sign same; (k) Approval of Notice of Completion, Department of Transportation (DOT) Contract No , 2015 Asphalt Concrete (A.C.) Overlay on Various County Maintained Roads (Willits and Fort Bragg Areas) - Transportation - Approved and the Chair is authorized to sign same.

3 BOARD OF SUPERVISORS ACTION MINUTES OCTOBER 20, 2015 PAGE 180 AGENDA ITEM NO. 8A AND 8B Presenter/s: Chair Brown announced the following modification to the Agenda: (a) (b) Regular Agenda: Noticed Public Hearing - Adoption of Resolution by the Board of Supervisors of the County of Mendocino to Adopt the Revised Mendocino Town Local Coastal Program Update, Consisting of the Mendocino Town Plan Update (Coastal Element Chapter 4.13 of the General Plan), the Mendocino Town Land Use Plan Land Use Map, the Mendocino Town Zoning Code (Division III of Title 20 of the Mendocino County Code), and the Mendocino Town Zoning Map (GP /OA ), and to Authorize Transmittal of the Same to the California Coastal Commission for Certification Pursuant to the California Coastal Act of 1976, as Amended (Division 20, Public Resource Code) (Sponsor: Planning and Building Services) Regular Agenda: Discussion and Possible Adoption of Resolution Approving the Appeal of the Planning Commission s July 16, 2015, Denial of AA_ , and Overturning the Zoning Clearance Granted to Building Permit BU_ (Cross Development) by Planning and Building Services (Sponsor: Planning and Building Services) AGENDA ITEM NO. 3 PUBLIC EXPRESSION Presenter/s: Ms. Cathy Wiley and Mr. Thomas Allman, Sheriff, Mendocino County Sheriff s Office. ADJOURNED TO CLOSED SESSION: 9:40 A.M. AGENDA ITEM NO. 9C PURSUANT TO GOVERNMENT CODE SECTION PUBLIC EMPLOYEE APPOINTMENT ACTING COUNTY COUNSEL RECONVENED IN OPEN SESSION: 11:38 A.M. AGENDA ITEM NO. 9C REPORT OUT OF CLOSED SESSION Presenter: Chair Brown. AGENDA ITEM NO. 5F INFORMATIONAL PRESENTATION ON THE NORTH COAST REGIONAL WATER QUALITY CONTROL BOARD'S (NCRWQCB) RUSSIAN RIVER WATERSHED PATHOGEN INDICATOR BACTERIA TOTAL MAXIMUM DAILY LOAD (TMDL) ACTION PLAN SPONSORS: AGRICULTURE AND ENVIRONMENTAL HEALTH Presenter/s: Mr. Chuck Morse, Agricultural Commissioner, Agriculture; Mr. Matt St. John, Executive Director, North Coast Regional Water Quality Control Board; and Mr. Dave Jensen, Director, Environmental Health. Public Comment: Ms. Devon Jones, Mendocino County Farm Bureau. ADJOURNED TO CLOSED SESSION IMMEDIATELY FOLLOWED BY LUNCH RECESS: 12:09 P.M. AGENDA ITEM NO. 9A PURSUANT TO GOVERNMENT CODE SECTION CONFERENCE WITH LABOR NEGOTIATOR - AGENCY NEGOTIATORS: CARMEL J. ANGELO, HEATHER COFFMAN, HEIDI DUNHAM, ALAN FLORA, CHERIE JOHNSON, AND DONNA WILLIAMSON; EMPLOYEE ORGANIZATION(S): ALL AGENDA ITEM NO. 9B PURSUANT TO GOVERNMENT CODE SECTION D(2) CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: SIGNIFICANT EXPOSURE TO LITIGATION ONE CASE AGENDA ITEM NO. 9C PURSUANT TO GOVERNMENT CODE SECTION PUBLIC EMPLOYEE APPOINTMENT ACTING COUNTY COUNSEL

4 BOARD OF SUPERVISORS ACTION MINUTES OCTOBER 20, 2015 PAGE 181 RECONVENED IN OPEN SESSION: 1:32 P.M. AGENDA ITEM NO. 9 REPORT OUT OF CLOSED SESSION Presenter: Chair Brown. Board Action With respect to item 9(a), no action was taken. With respect to item 9(b), direction was given to staff. In respect to item 9(c), Chair Brown reported that Ms. Katharine L. Elliott was appointed as Acting County Counsel. AGENDA ITEM NO. 5D INFORMATIONAL PRESENTATION AND UPDATE ON THE REVIEW PROCESS OF THE MENTAL HEALTH SYSTEM BEING COMPLETED BY THE KEMPER CONSULTING GROUP SPONSOR: EXECUTIVE OFFICE Presenter/s: Ms. Carmel Angelo, Chief Executive Officer; and Mr. Lee Kemper, Founder and Principal, Kemper Consulting Group. Public Comment: None. AGENDA ITEM NO. 5E APPROVAL OF APPOINTMENT OF STACEY CRYER AS INTERIM LOCAL DIRECTOR OF MENTAL HEALTH SERVICES PURSUANT TO WELFARE AND INSTITUTIONS CODE 5607 SPONSOR: EXECUTIVE OFFICE Presenter/s: Ms. Carmel Angelo, Chief Executive Officer and Supervisor Hamburg. Public Comment: Ms. Nancy Sutherland and Ms. Kate Gaston. Board Action: Upon motion by Supervisor Hamburg, seconded by Supervisor McCowen, and carried unanimously; IT IS ORDERED that the Board of Supervisors approves appointment of Stacey Cryer as Interim Local Director of Mental Health Services pursuant to Welfare and Institutions Code AGENDA ITEM NO. 8A NOTICED PUBLIC HEARING ADOPTION OF RESOLUTION BY THE BOARD OF SUPERVISORS OF THE COUNTY OF MENDOCINO TO ADOPT THE REVISED MENDOCINO TOWN LOCAL COASTAL PROGRAM UPDATE, CONSISTING OF THE MENDOCINO TOWN PLAN UPDATE (COASTAL ELEMENT CHAPTER 4.13 OF THE GENERAL PLAN), THE MENDOCINO TOWN LAND USE PLAN LAND USE MAP, THE MENDOCINO TOWN ZONING CODE (DIVISION III OF TITLE 20 OF THE MENDOCINO COUNTY CODE), AND THE MENDOCINO TOWN ZONING MAP (GP /OA ), AND TO AUTHORIZE TRANSMITTAL OF THE SAME TO THE CALIFORNIA COASTAL COMMISSION FOR CERTIFICATION PURSUANT TO THE CALIFORNIA COASTAL ACT OF 1976, AS AMENDED (DIVISION 20, PUBLIC RESOURCE CODE) SPONSOR: PLANNING AND BUILDING SERVICES Presenter/s: Supervisor Hamburg; Mr. Andy Gustavson, Chief Planner, Planning and Building Services; Mr. Norbert Dall, Partner, Dall and Associates; Ms. Stephanie Dall, Partner, Dall and Associates; and Mr. Robert Merrill, North Coast Director, California Coastal Commission. Public Comment: Ms. Kathleen Cameron; Mr. Lee Edmundson; and Ms. Barbara Reed. Board Action: Upon motion by Supervisor McCowen, seconded by Supervisor Gjerde, and carried unanimously; IT IS ORDERED that the public hearing for this item be continued to December 8, 2015, at 1:30 pm. BOARD RECESS: 3:39 PM 3:49 PM AGENDA ITEM NO. 8B DISCUSSION AND POSSIBLE ADOPTION OF RESOLUTION APPROVING THE APPEAL OF THE PLANNING COMMISSION S JULY 16, 2015, DENIAL OF AA_ , AND OVERTURNING THE ZONING CLEARANCE GRANTED TO BUILDING PERMIT BU_ (CROSS DEVELOPMENT) BY PLANNING AND BUILDING SERVICES SPONSOR: PLANNING AND BUILDING SERVICE Presenter/s: Mr. Andy Gustavson, Chief Planner, Planning and Building Services and Mr. Douglas L. Losak, Interim County Counsel.

5 BOARD OF SUPERVISORS ACTION MINUTES OCTOBER 20, 2015 PAGE 182 Public Comment: Mr. Richard Selzer; Ms. Amy Wynn; Mr. John Mayfield; Mr. Ross Liberty; Ms. Sabrina Teller; Ms. Sheilah Rogers; Ms. Christine Boyd; and Mr. Matisse Knight. Board Action: Upon motion by Supervisor McCowen, seconded by Supervisor Hamburg, and carried unanimously; IT IS ORDERED that the Board of Supervisors continues this item to November 3, AGENDA ITEM NO. 6B DISCUSSION AND APPROVAL OF BOARD OF SUPERVISORS RESPONSE TO THE 2014/15 MENDOCINO COUNTY GRAND JURY LIBRARY REPORT SPONSORS: SUPERVISORS MCCOWEN AND GJERDE Presenter/s: Supervisor Gjerde; and Supervisor McCowen. Public Comment: Mr. Jonathan Middlebrook. Board Action: Upon motion by Supervisor McCowen, seconded by Supervisor Gjerde, and carried unanimously; IT IS ORDERED that the Board of Supervisors approves the Board of Supervisors response to the 2014/15 Grand Jury Library Report with the following change: insert the word equivalent in the first sentence on the top of page four (The Board of Supervisors recommends that County officials seek to determine the agreed upon equivalent ). (AGREEMENT NO ) AGENDA ITEM NO. 5C APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF LAKE AND COUNTY OF MENDOCINO TO PROVIDE HOUSING AND ASSOCIATED SERVICES FOR JUVENILE WARDS FOR THE PERIOD OF OCTOBER 15, 2015 THROUGH SEPTEMBER 30, 2017 SPONSORS: EXECUTIVE OFFICE AND PROBATION Presenter/s: Mr. Buck Ganter, Chief Probation Officer, Probation, and Mr. Alan D. Flora, Assistant Chief Executive Officer, Executive Office. Public Comment: Ms. Kate Gaston. Board Action: Upon motion by Supervisor Hamburg, seconded by Supervisor McCowen, and carried unanimously; IT IS ORDERED that the Board of Supervisors approves the Agreement between the County of Lake and County of Mendocino to provide housing and associated services for juvenile wards for the period of October 15, 2015, through September 30, 2017, and authorizes 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. 6A SUPERVISORS' REPORTS REGARDING BOARD SPECIAL ASSIGNMENTS, STANDING AND AD HOC COMMITTEE MEETINGS, AND OTHER ITEMS OF GENERAL INTEREST Presenter/s: Board members. AGENDA ITEM NO. 10 COMMUNICATIONS RECEIVED AND FILED (a) State of California, Fish and Game Commission - 15 Day Notice of California Notice Register 2015, No. 34-Z, Z ; for more information, please contact Roger Bloom at (916) THERE BEING NOTHING FURTHER TO COME BEFORE THE BOARD, THE MENDOCINO COUNTY BOARD OF SUPERVISORS ADJOURNED AT 5:17 P.M. Attest: Karla Van Hagen Deputy Clerk of the Board CARRE BROWN, Chair

6 BOARD OF SUPERVISORS ACTION MINUTES OCTOBER 20, 2015 PAGE 183 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