Minutes 07-15-03.pdf - County of Mendocino

MENDOCINO COUNTY BOARD OF SUPERVISORS
SUMMARY/ACTION MINUTES – JULY 15, 2003
BEFORE THE BOARD OF SUPERVISORS
COUNTY OF MENDOCINO ­ STATE OF CALIFORNIA
AGENDA ITEM NO. 1 – ROLL CALL
The Mendocino County Board of Supervisors met in regular session on Tuesday, July 15, 2003,
at 8:32 a.m.
Roll call was conducted with the following members present: Michael Delbar, Richard
Shoemaker, Hal Wagenet, Patricia Campbell, and J. David Colfax (reporting directly to closed
session at 8:47 a.m.). Chairman Shoemaker presiding.
Also Present: Kristi Furman, Clerk of the Board; Jim Andersen, County Administrative Officer;
and H. Peter Klein, County Counsel.
ADJOURNED TO CLOSED SESSION: 8:33 – 11:05 A.M.
AGENDA ITEM NO. 2A – PURSUANT TO GOVERNMENT CODE SECTION 54957 – PUBLIC EMPLOYEE
PERFORMANCE EVALUATION – PUBLIC DEFENDER
AGENDA ITEM NO. 2B – PURSUANT TO GOVERNMENT CODE SECTION 54957 – PUBLIC EMPLOYEE
PERFORMANCE EVALUATION – COUNTY COUNSEL
AGENDA ITEM NO. 2C – PURSUANT TO GOVERNMENT CODE SECTION 54957 – PUBLIC EMPLOYEE
PERFORMANCE EVALUATION – COUNTY ADMINISTRATIVE OFFICER
RECESS: 11:05 – 11:15 A.M.
RECONVENED IN OPEN SESSION: 11:15 A.M.
Board Action: Chairman Shoemaker reported that no action was taken in Closed Session.
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AGENDA ITEM NO. 3 – OPEN SESSION AND PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Mr. Tom Lucier.
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AGENDA ITEM NO. 4 – MINUTES
Board Action: Upon motion by Supervisor Wagenet, seconded by Supervisor Campbell, and
carried unanimously; IT IS ORDERED that the minutes of the July 8, 2003, meeting are
approved as written.
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AGENDA ITEM NO. 5 – CONSENT CALENDAR
The Clerk confirmed that proper notice has been established for Consent Calendar item 5(19);
Consent Calendar items 5(14, 15, and 19) removed for separate consideration; Consent
Calendar item 5(21) removed for presentation.
Board Action: Upon motion by Supervisor Campbell, seconded by Supervisor Wagenet, and
carried unanimously; IT IS ORDERED that Consent Calendar items 5(1-13, 16-18, and 20) are
approved as follows:
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• BOARD OF SUPERVISORS – SUMMARY/ACTION MINUTES – JULY 15, 2003 PAGE 322
(1) BOS 03-353 Approval of Agreement with the Victim Offender Reconciliation Program of
Mendocino County (VORP) to Provide 602 Welfare and Institutions Code (WIC)
Delinquency Intervention Services – Probation -- Approved and the Chairman is
authorized to sign same;
(2) BOS 03-354A Approval of Agreement Amendment with the California Forensic Medical
Group to Provide Medical Services to Inmates at the Mendocino County Jail – Sheriff --
Approved and the Chairman is authorized to sign same;
(3) Referral to the Board of Supervisors Public Resources Committee: Request to Evaluate
the Appeal Process of the Mendocino County Department of Public Health -
Environmental Health Division – Administration -- Approved;
(4) Approval of Letter to Governor Gray Davis Opposing Senate Bill (SB) 440 (Burton) -
Binding Arbitration for Law Enforcement Officers and Firefighters – Administration --
Approved and the Chairman is authorized to sign same;
(5) BOS 03-355 Approval of Agreement for the Consolidation of the City of Point Arena’s
Special Election with the November 4, 2003, Consolidated Districts Election and
Authorization for the County Clerk to Conduct Said Election – Assessor/Clerk Recorder -
- Approved and the Chairman is authorized to sign same;
(6) Approval of Application for Outdoor Festival Permit for the Kiwanis Club Redwood Run
Motorcycle Festival, to be Held July 18 - 20, 2003 (Piercy Area) – Treasurer/Tax
Collector -- Approved;
(7) Approval of Application for Outdoor Festival Permit for the Mendocino Music Festival, to
be Held July 1 - 26, 2003 (Mendocino Area) – Treasurer/Tax Collector -- Approved;
(8) BOS 03-356 Approval of Agreement with James H. Tenzel, MD, to Provide Outpatient
Psychiatric Services for Fiscal Year 2003/2004 – Mental Health -- Approved and the
Chairman is authorized to sign same;
(9) BOS 03-357 Approval of Agreement with Michael Ellet Brown, MD, to Provide Outpatient
Psychiatric Services for Fiscal Year 2003/2004 – Mental Health -- Approved and the
Chairman is authorized to sign same;
(10) BOS 03-358 Approval of Agreement with John Garratt, MD, to Provide Outpatient
Psychiatric Services for Fiscal Year 2003/2004 – Mental Health -- Approved and the
Chairman is authorized to sign same;
(11) BOS 03-359 Approval of Agreement Granting a Tobacco Settlement Award to the
Covelo Community Services District in the Amount of $24,677.79 to Obtain Engineering
Services Related to a Summary Report on Ground and Surface Water Contamination
from Sewage Leaks – Public Health -- Approved and the Chairman is authorized to sign
same;

• BOARD OF SUPERVISORS – SUMMARY/ACTION MINUTES – JULY 15, 2003 PAGE 323
(12) BOS 03-360 Approval of Agreement Granting a Tobacco Settlement Award to the
Anderson Valley Health Center in the Amount of $20,000 to Obtain Architectural
Services for the Development of Plans for a Building Expansion – Public Health --
Approved and the Chairman is authorized to sign same;
(13) BOS 03-361 Approval of Agreement Granting a Tobacco Settlement Award to the Ukiah
Community Center in the Amount of $20,000 to Obtain Information
Technology/Database Consultant Services – Public Health -- Approved and the
Chairman is authorized to sign same;
(16) BOS 03-362 Approval of Agreement with the Girls and Boys Club of Ukiah to Provide
Services Through the Summer Club Program for At Risk Children – Social Services --
Approved and the Chairman is authorized to sign same;
(17) BOS 03-363 Approval of Agreement with Certified Locksmith and Security to Provide
Security System Testing, Maintenance, and Repairs for Social Services Offices Located
in Ukiah and Fort Bragg – Social Services -- Approved and the Chairman is authorized
to sign same;
(18) Approval of Incorporation of Youth Development and Crime Prevention Initiative Funds
in the Amount of $103,458 into the Workforce Investment Act Master Subgrant
R380514, and Approval of the Following Accompanying Subcontracts for Related
Services – Social Service/WIB -- Approved and the Chairman is authorized to sign
same;
• BOS 03-364 Mendocino County Office of Education (MCOE);
• BOS 03-365 Big Brothers Big Sisters of Mendocino County, Inc. (BBBS);
• BOS 03-366 Mendocino County Youth Project (MCYP);
• BOS 03-367 Mendocino Private Industry Council, Inc. (MPIC).
(20) Approve Temporary and Intermittent Road Closure for Replacement of Robinson Creek
Bridge and Approaches on Robinson Creek Road, CR 125, at M.P. 0.90 (Ukiah Area) –
Transportation – Approved.
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AGENDA ITEM NO. 5 – CONSENT CALENDAR - REMOVED FOR SEPARATE PRESENTATION:
(21) Adoption of Resolution Declaring the Summer of 2003 “Seabiscuit Summer” in
Mendocino County – Supervisor Wagenet -- Adopted and the Chairman is
authorized to sign same;
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Presenter/s: Supervisor Wagenet presented the resolution to Ms. Lynn Kennelly, Willits
Chamber of Commerce.
Board Action: Upon Motion by Supervisor Wagenet, Seconded by Supervisor
Campbell, and carried unanimously; IT IS ORDERED that the Mendocino County Board
of Supervisors adopts the following resolution, authorizing the Chairman to sign same --
RESOLUTION NO. 03-170
RESOLUTION OF THE BOARD OF SUPERVISORS, OF THE STATE OF
CALIFORNIA, COUNTY OF MENDOCINO, DECLARING THE SUMMER OF 2003
"SEABISCUIT SUMMER"
Discussion on Motion: Board members expressed appreciation for the efforts of those
involved with this event.

• BOARD OF SUPERVISORS – SUMMARY/ACTION MINUTES – JULY 15, 2003 PAGE 324
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AGENDA ITEM NO. 5 – CONSENT CALENDAR - REMOVED FOR SEPARATE CONSIDERATION:
(19) Approval of Coastal Development Permit – Planning and Building Services
CDP 12-2003; Guenter and Sandy Reigler (Owners); Leventhal & Schlosser, Architects
(Agent)
REQUEST: Construct a 2,940 Square Foot Single-Family Residence with a Maximum
Height of 16’6” from Average Finished Grade, a 640 Square Foot Guest Cottage, a 120
Square Foot Greenhouse, a Septic System and Well, Installation of a Driveway,
Extension of Utilities, Decking and Fencing, a Pumphouse and Generator Shed, a Water
Storage Tank and Propane Tank.
LOCATION: South of Mendocino, on the North Side of Gordon Lane (CR No. 404A),
Approximately 2000 Feet East of its Intersection with State Highway One, at 44590
Gordon Lane; APN 119-420-05.
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Presenter/s: Supervisor Colfax; Mr. Ray Hall, Planning and Building Services Director,
provided clarification regarding procedural elements associated with Coastal
Development Permits.
Board members referenced correspondence received by neighboring property owners
expressing concern as to the placement of the proposed structure, inquiring as to the
possibility of directing staff to request that the applicant and neighbors work
cooperatively regarding the placement and possible relocation of the proposed structure.
Board Directive: BY ORDER OF THE CHAIRMAN this item is hereby continued to
August 5, 2003; further, directing the Planning Department to address the Board’s
recommendation that the applicant and neighboring property owners work cooperatively
regarding the placement and possible relocation of the proposed structure.
AGENDA ITEM NO. 5 – CONSENT CALENDAR - REMOVED FOR SEPARATE CONSIDERATION:
(14) Approval of Agreement with Empire Mortuary to Provide Indigent Cremation
Services – Social Services
(15) Approval of Agreement with Chapel by the Sea Mortuary to Provide Indigent
Cremation Services – Social Services
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Presenter/s: Mr. Steve Prochter, Assistant Director, Department of Social Services.
Public Comment: Mr. Tom Lucier, Anker-Lucier Mortuary; Mr. Ned Lantigne, Ukiah
Valley Mortuary; and Mr. Richard Eversole, Eversole Mortuary.
Board Action: Upon motion by Supervisor Delbar, seconded by Supervisor Colfax, and
carried unanimously; IT IS ORDERED that the Board of Supervisors refer the issue of
cremation service contacts to the Health and Human Services Committee for review and
to return with a recommendation to the Board.
PUBLIC EXPRESSION
Mr. Paul Andersen and Ms. Lynda McClure, representing SEIU Local 707 (including others
present for the item), spoke regarding In Home Supportive Services (IHSS) provider wages and
benefits; the following also addressed the Board: Ms. Martha Ostrom; Mr. Robert Kuder; Ms.
Gail Ward; Ms. Wanda Mae; Ms. Crescencia Nieto; and Ms. Beverly Moffett.
LUNCH RECESS: 12:15 – 1:35 P.M.
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• BOARD OF SUPERVISORS – SUMMARY/ACTION MINUTES – JULY 15, 2003 PAGE 325
AGENDA ITEM NO. 10C – PRE-BUDGET PROGRAMMATIC DEPARTMENTAL PRESENTATION(S) IN
PREPARATION OF THE PROPOSED 2003/2004 FISCAL Y EAR BUDGET HEARINGS: DEPARTMENT OF
TRANSPORTATION
Presenter/s: Mr. Gene Calvert, Transportation Director; Mr. Paul Cayler, Deputy Director
Transportation – Solid Waste Division.
Mr. Calvert distributed a handout to the Board, proceeding to conduct an overhead presentation,
which was followed by Board comment on various Transportation projects, services, and
funding levels.
Mr. Cayler also performed an overhead presentation regarding Solid Waste programs and
services.
Board Action: No action taken.
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BOS 03-368A7 AGENDA ITEM NO. 10B – APPROVAL OF AMENDMENT NO. 7 TO BOARD OF
SUPERVISORS AGREEMENT NO. 96-159 BETWEEN THE COUNTY OF MENDOCINO AND PACIFIC
COAST DISPOSAL FOR SOLID WASTE REFUSE COLLECTION AREA NO. FOUR, WHEREBY
ESTABLISHING THE PROVISION OF SINGLE STREAM CURBSIDE RECYCLING IN THE SOUTH COAST
AREA – SPONSORING DEPARTMENT: TRANSPORTATION
Presenter/s: Mr. Paul Cayler, Deputy Director of Transportation – Solid Waste Division.
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Board Action: Upon motion by Supervisor Colfax, seconded by Supervisor Campbell, and
carried unanimously; IT IS ORDERED that the Board of Supervisors approves amendment no.
7 to Board of Supervisors Agreement No. 96-159 between the County of Mendocino and Pacific
Coast Disposal, for solid waste refuse collection area no. four, whereby establishing the
provision of single stream curbside recycling in the south coast area, authorizing the Chairman
to sign same.
RECESS: 2:50 – 3:15 P.M.
AGENDA ITEM NO. 9 – COUNTY COUNSEL REPORTS
Presenter/s: No report presented.
AGENDA ITEM NO. 10A – DEPARTMENT OF TRANSPORTATION – DIRECTOR’S REPORT
Presenter/s: No report presented.
AGENDA ITEM NO. 11A – WATER AGENCY GENERAL MANAGER’S REPORT – MENDOCINO COUNTY
WATER AGENCY
Presenter/s: No report presented.
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AGENDA ITEM NO. 6A/B – COUNTY ADMINISTRATIVE OFFICER REPORT / LEGISLATIVE REPORT
Presenter/s: Mr. Jim Andersen, County Administrative Officer, provided a brief verbal report
also distributing materials for the Board’s Workshop on July 16, regarding preparations for the
Final Budget hearings.
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AGENDA ITEM NO. 10D – PRE-BUDGET PROGRAMMATIC DEPARTMENTAL PRESENTATION(S) IN
PREPARATION OF THE PROPOSED 2003/2004 FISCAL YEAR BUDGET HEARINGS: PLANNING &
BUILDING SERVICES AND OTHER PUBLIC RESOURCE DEPARTMENTS
Presenter/s: Mr. Ray Hall, Planning and Building Services Director; Mr. Rick Paige, Office of
Emergence Service; Mr. Dennis Slota, Water Hydrologist; Mr. Roland Sanford, General
Manager, Mendocino County Water Agency; Mr. Gene Calvert, Transportation Director.

• BOARD OF SUPERVISORS – SUMMARY/ACTION MINUTES – JULY 15, 2003 PAGE 326
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Public Comment: Ms. Carre Brown.
Mr. Hall reviewed various elements of the staff report, followed by Board comment on assorted
projects, services, and collaborative endeavors currently being performed by the department,
referencing the Local Hazard Mitigation Plan in compliance with the Federal Disaster Mitigation
Act of 2000 and Stormwater Management Program planning.
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Regarding the NPDES project, Supervisor Delbar suggested the County transmit a statement to
the State Water Resources Control Board, through the Chair, and to the Chair of the Regional
Water Quality Control Board, expressing concern regarding issues of budgetary constraints
associated with the projected deadlines for plan implementation.
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Supervisor Wagenet suggested that the County consider putting the legislators on notice of the
need for “timeline relief’; that the Mendocino County Water Agency be appointed as the lead
agency on the Stormwater I and II plan; and that collaborations with municipalities be
considered.
Board Action: The Board accepted the presentation and referred the matter of the Stormwater
Management Program to the next scheduled meeting of the Board for follow up action.
Board Directive: BY ORDER OF THE CHAIRMAN the balance of the presentation is hereby
continued to the Board Workshop, 1:00 p.m., July 16, 2003.
BY ORDER OF THE CHAIRMAN, THE BALANCE OF THE OPEN SESSION BUSINESS IS
HEREBY CONTINUED TO THE JULY 16, 2003, BOARD WORKSHOP.
AGENDA ITEM NO. 7A – COMMITTEE REPORTS/SUPERVISORS REPORTS
Board Directive: BY ORDER OF THE CHAIRMAN this item is continued to the July 16, 2003,
Board Workshop.
AGENDA ITEM NO. 12 – APPOINTMENTS TO BOARDS AND COMMISSIONS
Board Directive: BY ORDER OF THE CHAIRMAN this item is continued to the July 16, 2003,
Board Workshop.
ADJOURNED FOR CONTINUED CLOSED SESSION: 4:15 P.M.
AGENDA ITEM NO. 2C – PURSUANT TO GOVERNMENT CODE SECTION 54957 – PUBLIC EMPLOYEE
PERFORMANCE EVALUATION – COUNTY ADMINISTRATIVE OFFICER
RECONVENED IN OPEN SESSION: 5:30 P.M.
Board Action: Chairman Shoemaker reported that no action was taken in Closed Session. BY
ORDER OF THE CHAIRMAN this item is hereby continued to the July 16, 2003, Board
Workshop.
AGENDA ITEM NO. 13 – COMMUNICATIONS RECEIVED AND FILED
(a) Mendocino County Grand Jury Final Report – 2002/2003

• BOARD OF SUPERVISORS – SUMMARY/ACTION MINUTES – JULY 15, 2003 PAGE 327
(b)
U.S. Army Corps of Engineers, San Francisco District, Public Notice Regarding the
California Department of Fish and Game’s Application for a Department of the Army
Regional General Permit (RGP) to Place Fill Materials into Waters of the U.S. in
Association with the Implementation of Salmonid Habitat Enhancement Projects in
Various Streams and Rivers Throughout Numerous California Counties, Including
Mendocino County; Public Comment Period Through July 25, 2003
THERE BEING NOTHING FURTHER TO COME BEFORE THE BOARD, THE MENDOCINO
COUNTY BOARD OF SUPERVISORS ADJOURNED AT 5:30 P.M. TO RECONVENE FOR A
BOARD WORKSHOP ON WEDNESDAY, JULY 16, 2003.
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