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Board of Supervisors

September 10, 2024 ·9:00 AM Final ·Regular Meeting

Board Chambers, Room 1070 County Administration Center

Agenda — 107 items

  1. 1 Meeting Location(s): 501 Low Gap Road, Room 1070, Ukiah, CA. 95482 (Board Chambers) Zoom Link: https://mendocinocounty.zoom.us/j/81881427818 Zoom Phone Number (if joining via telephone): 1 669 900 9128 ; Zoom Webinar ID: 818 8142 7818 Listed below are some of the Board of Supervisors Public Engagement options. For streaming options and a complete list of ways to interact with agenda items (or more information on any of these listed) please visit: https://www.mendocinocounty.org/government/board-of-supervisors/public-engagement Written Comment - Submit online via the eComment platform at https://mendocino.legistar.com/Calendar.aspx Verbal Comment - Speak in person at any physical meeting location when the Chair calls for Public Comment - Join the Zoom Webinar and use the "raise hand" feature when the Chair calls for Public Comment (if joining via telephone: press *9 to raise your hand, and *6 to unmute yourself when called) - Leave a voicemail message, up to 3 minutes in length, by calling 707-234-6333 *Note: Voicemail comments will no longer be played back during Open Session, but are immediately available to the full Board of Supervisors upon submittal.
  2. 2 page break
  3. 1. OPEN SESSION (PLEDGE OF ALLEGIANCE AND ROLL CALL 9:00 A.M.) ▶ jump to 1:51
  4. 1a) Roll Call ▶ jump to 1:58
  5. 1b) Pledge of Allegiance ▶ jump to 2:11
  6. 2. PUBLIC EXPRESSION ▶ jump to 2:35
  7. 3. CONSENT CALENDAR approved the Consent Calendar Pass ▶ jump to 66:30
  8. 4. REGULAR CALENDAR ▶ jump to 73:43
  9. 4a) Discussion and Possible Action Including Acceptance of Informational Report(s) from the Assessor/Clerk-Recorder/Registrar of Voters, Acting Auditor-Controller/Treasurer-Tax Collector, District Attorney, Sheriff and Various County Department Heads or Designee(s) (Sponsor: Executive Office) 24-0125 ▶ jump to 74:31
  10. 4b) Discussion and Possible Action Including Approval of Execution of Inland Water and Power Commission (IWPC) Joint Prosecution and Common Interest Agreement Regarding PG&E’s Surrender and Transfer of Potter Valley Project (Sponsors: Supervisor McGourty and County Counsel) 24-0819 approved the Consent Calendar Pass ▶ jump to 131:27
  11. 4c) Notice of Public Hearing - Discussion and Possible Action Including Authorizing the County of Mendocino to Submit Application to the USDA Rural Development Community Facilities Program Disaster Repair Grant, Not to Exceed $198,236 (Sponsor: Executive Office) 24-0846 approved the Consent Calendar Pass ▶ jump to 144:06
  12. 4d) Discussion and Possible Action Including Adoption of Resolution Regarding Utilization of Measure B Funds to Facilitate Construction of the Behavioral Health Wing of the Mendocino County Jail with Commitment to Replenish Measure B Funds with Interest of Two and One-Half Percent (Sponsor: Executive Office) 24-0857 approved the Consent Calendar Pass ▶ jump to 153:54
  13. 4e) Discussion and Possible Action Including Approval of Appropriation Transfer of Funds for the Jail Expansion Project from Measure B Fund 1224 Line Item 865802 Operating Transfer Out by $7,000,000 for Fiscal Year 2024/25 to Capital Projects Fund 1300 Line Item 827802 Operating Transfer In, Increasing Line Item ME-865802 (Operating Transfer Out) by $7,000,000, and Increasing Line Item CP-827802 (Operating Transfer In) by $7,000,000 for Fiscal Year 2024/25 (Sponsor: General Service Agency) 24-0845 approved the Consent Calendar Pass ▶ jump to 163:10
  14. 4f) Discussion and Possible Action Including Direction to Staff Regarding Cannabis Density Allowed in Mendocino County Code Section 10A.17.070(D) (Sponsor: Supervisor Haschak) 24-0813 approved the Consent Calendar Pass ▶ jump to 191:05
  15. 4g) Noticed Public Hearing - Discussion and Possible Action Including (1) Review and Consider the Report and Recommendation of the Planning Commission on the Proposed Adoption of Amendments to Division I of Title 20 of Mendocino County Code (the “Inland Zoning Code Update”); (2) Adopt a Resolution Adopting an Addendum to the Environmental Impact Reports for the Mendocino County General Plan and the Ukiah Valley Area Plan for the Inland Zoning Code Update; and (3) Adopt an Ordinance Adopting the Inland Zoning Code Update, Making Amendments to Division I of Title 20 of the Mendocino County Code (Sponsor: Planning and Building Services) 24-0848 approved the Consent Calendar ▶ jump to 293:38
  16. 4h) Chief Executive Officer's Report (Sponsor: Executive Office) 24-0146
  17. 4i) Discussion and Possible Action Including Review, Adoption, Amendment, Consideration or Ratification of Legislation Pursuant to the Adopted Legislative Platform (Sponsor: Executive Office) 24-0166
  18. 4j) Supervisors’ Reports Regarding Board Special Assignments, Standing and Ad Hoc Committee Meetings, and Other Items of General Interest (Sponsor: Board of Supervisors) 24-0186 ▶ jump to 302:07
  19. 5. MODIFICATIONS TO AGENDA
  20. 6. CLOSED SESSION ▶ jump to 164:14
  21. 6a) Pursuant to Government Code Section 54956.9(d)(2) - Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to Litigation Arising from Complaints Against Two County Officials: One Case 24-0856
  22. 3. CONSENT CALENDAR - CONTINUED
  23. 23 ITEMS RECOMMENDED FOR APPROVAL:
  24. 24 MINUTES
  25. 3a) Approval of Minutes of July 23, 2024, Regular Meeting 24-0854
  26. 3b) Approval of Minutes of August 20, 2024, Special Closed Session Meeting 24-0855
  27. 27 APPOINTMENTS
  28. 3c) Approval of Appointments/Reappointments 24-0818
  29. 29 BOARD OF SUPERVISORS
  30. 3d) Adoption of Proclamation Recognizing and Honoring Civil Service Commissioner Terry Poplawski for 25 Years of Service on the Mendocino County Civil Service Commission (Sponsor: Supervisor Mulheren) 24-0777
  31. 3e) Adoption of a Proclamation Recognizing September 16-23, 2024, as Pollution Prevention Week and September 22-29, 2024, as Creek Week in the Russian River Watershed (Sponsor: Supervisor Mulheren) 24-0851
  32. 32 EXECUTIVE OFFICE
  33. 3f) Acceptance of the Annual Emergency Medical Services (EMS) Report from the Local Emergency Medical Services Agency (LEMSA) and Approval of Retroactive Agreement with Sonoma County in the Amount $1,346,724 to Provide Local Emergency Medical Services Agency Administration Services, Effective July 1, 2024, through June 30, 2027 24-0842
  34. 3g) Adoption of Resolution Renewing a Declaration of a Local Emergency Related to Climate Change
  35. 3h) Adoption of Resolution Renewing a Declaration of a Local Emergency Related to Tree Mortality
  36. 3i) Approval of Retroactive Third Amendment to Agreement No. BOS-21-180 (Fourth Amendment to Agreement No. PA-21-33) with Granicus LLC., in the Amount of $34,114.50, for a New Total of $153,162, for Live Closed Captioning Services During Board of Supervisors Meetings, Effective August 5, 2020, through a New End Date of August 5, 2025 (Original End Date: August 5, 2024) 24-0806
  37. 3j) Approval of Third Amendment to Agreement No. BOS-17-100 with CobbleStone Systems Corp, in the Amount of $40,207.37, for a New Total of $161,679.64, for Contract Management Software Services and Maintenance, Effective September 12, 2017, through a New End Date of September 30, 2027 (Original End Date: September 30, 2024) 24-0563
  38. 3k) Ratification of a Letters of Opposition and Oppose Unless Amended for Assembly Bill 2223 (Aguiar-Curry) Cannabis: Industrial Hemp - Proposed Technical Assistance and Letter of Support of Hemp Enforcement 24-0791
  39. 3l) Ratification of a Letter of Support for Senate Bill 620 (McGuire) Low-Impact Camping Areas 24-0790
  40. 3m) Ratification of a Letter of Support for Senate Bill 1032 (Padilla) Housing Finance: Portfolio Restructuring: Loan 24-0792
  41. 3n) Ratification of a Letter of Opposition for Assembly Bill AB 2561 (McKinnor) Local Public Employees: Vacant Positions 24-0822
  42. 42 ANIMAL CARE SERVICES
  43. 3o) Approval of Agreement with Magnum Mobile Specialty Vehicles in an Amount Up to $251,350, for a Custom Spay and Neuter Mobile Clinic for Animal Care Services in Mendocino County; Approval of Utilization of Funds from the Mendocino County Spay and Neuter Trust in an Amount Up To $151,350 to Complete the Purchase; and Approval of a Cash Advance of $159,950 to Cover the Initial Payment of Approximately 70% of the Vehicle’s Total Price, Pursuant to Mendocino County Policy No.1 Section 6.11 24-0794
  44. 44 ASSESSOR/CLERK-RECORDER
  45. 3p) Approval of Agreement with Runbeck Election Services, L.L.C. for the Election Management System Equipment (DIMS.net) and License in the Total Amount of $328,579.75 For Five Years Expiring on July 31, 2029 24-0841
  46. 3q) Authorization for the Assessor/Clerk-Recorder to Consolidate Measure S - Albion-Little River Fire Protection District Special Fire and Rescue Tax; Measure T - City of Fort Bragg Transactions and Use Tax; Measure U - City of Fort Bragg Transient Occupancy Tax; Measure V - Ukiah Valley Fire Protection District Parcel Tax; Measure W - City of Ukiah Transient Occupancy Tax, and Measure X - City of Point Arena Sales Tax with the November 5, 2024 Presidential General Election 24-0809
  47. 47 AUDITOR-CONTROLLER TREASURER-TAX COLLECTOR
  48. 3r) Acceptance of The California State Controller’s Audit Report for Mendocino County Court Revenues for Period July 1, 2017, through June 30, 2021, and Authorization for Acting Auditor Controller/Treasurer Tax Collector to Remit $166,290 to the State Treasurer via the Report to State Controller of Remittance to State Treasurer (TC-31) for Under Remittance Findings 24-0833
  49. 3s) Acceptance of June 30, 2024, Mendocino County Pooled Investments Report 24-0847
  50. 3t) Adoption of Resolution Approving Mendocino County’s 2024-25 Tax Rates 24-0849
  51. 3u) Approval of Agreement with CliftonLarsonAllen, LLP., in the Amount of $345,675, to Provide Independent Audit Services, Effective Upon Signing Through June 30, 2027 24-0834
  52. 3v) Approval of Agreement for the Collection by the County for the Ground Water Sustainability Fee on behalf of the Ukiah Valley Basin Groundwater Sustainability Agency (GSA) Levied by the Ukiah Valley Basin Groundwater Sustainability Agency, and for the Collection of the Groundwater Sustainability Fee (Yearly Revenue Amount Dependent on the Number of Parcels and Total Charge), Effective Upon Full Execution with Automatic Yearly Renewals Until Either Party Terminates the Agreement 24-0835
  53. 3w) Approval of Creation of a New Fund (Fund 4250) for the California Department of Health Care Services for the California Providing Access and Transforming Health Justice-Involved Planning and Capacity Building Program Grant; and Approval of Budget Appropriations of Funds for Fund 425, Budget Unit 0425 for Fiscal Year 2023-24, Increasing Line Item 610001 (Unearned Revenue) by $449,037.50 24-0852
  54. 54 BEHAVIORAL HEALTH AND RECOVERY SERVICES
  55. 3x) Adoption of Proclamation Recognizing September 8th through September 14th, 2024, as National Suicide Prevention Week 24-0820
  56. 3y) Adoption of Resolution Authorizing the Auditor Controller Treasurer Tax Collector or Designee to Process and Pay for Outstanding Invoices, One Hundred Eighty-Two Thousand Three Hundred Eighty-Eight Dollars and Ninety-Five Cents ($182,388.95), From Various Psychiatric Hospitals, and Physician Offices for Mandated Services Provided to Qualified Mendocino County Mental Health Clients 24-0836
  57. 3z) Approval of Agreement with Buckelew Programs, in the Amount of $65,000, to Provide Mental Health Services Act Prevention and Early Intervention Suicide Prevention Services, Effective Upon Full Execution through June 30, 2025 24-0799
  58. 3aa) Approval of Appropriation of Mental Health Services Oversight and Accountability Commission (MHSOAC) Grant Funds for Local Grant Partner Mental Health Services and Student Outreach in County Schools in the Amount of $738,828 24-0793
  59. 3ab) Approval of Retroactive Second Amendment to Agreement No. BOS-23-137 with Redwood Quality Management Company DBA Anchor Health Management, Inc., in the Amount of $20,000, for a New Total of $2,220,142, to Provide Care Coordination, Data Management, and Transition for the Delivery of Specialty Mental Health Services in Mendocino County, Effective July 1, 2023, through June 30, 2024 24-0837
  60. 60 COUNTY COUNSEL
  61. 3ac) Adoption of Resolution Authorizing the Destruction of Certain Records Within the Public Defender’s Office, Pursuant to Government Code Sections 26202, 26205.1, and 26205.8 24-0823
  62. 3ad) Approval of Fourth Amendment to BOS Agreement No. 23-042 with Kronick, Moskovitz, Tiedemann & Girard Increasing the Amount by $600,000 for a New Total of $2,000,000 to Provide Legal Services Effective Upon Execution through December 31, 2024 24-0789
  63. 3ae) Introduction and Waive First Reading of an Uncodified Ordinance Adopting the Mendocino County Sheriff’s Office Military Equipment Use Policy Pursuant to AB 481; and Review of Military Equipment Annual Report 24-0796
  64. 3af) Introduction and Waive First Reading of an Ordinance Amending Section 6.32.050 of the Mendocino County Code to Provide, for Cannabis Cultivation and Nursery Operations, a Reduction in the Cannabis Business Tax for Tax Years 2025 and 2026 24-0821
  65. 65 DISTRICT ATTORNEY
  66. 3ag) Adoption of Resolution Authorizing Submittal of Grant Application to California Office of Emergency Services (Cal OES) for the Victim Witness Assistance Program for the Grant Period October 1, 2024, through September 30, 2025 24-0785
  67. 67 GENERAL SERVICES AGENCY
  68. 3ah) Approval of First Amendment to Professional Services Agreement with GeoCon Consultants, Incorporated in the Amount of $59,070 for Geotechnical Testing and Observation Services for the Mendocino County Jail Project at 931 Low Gap Road in Ukiah for a Total Contract Amount of $100,230 24-0827
  69. 3ai) Approval of Professional Services Agreement with SHN Consulting Engineers and Geologists, Incorporated (SHN) in the Amount of $38,398 for Materials Testing and Special Inspection Services for the Mendocino County New Psychiatric Health Facility Project at 2840 South State Street in Ukiah, Effective Upon Full Execution through December 31, 2025 24-0829
  70. 3aj) Authorization to Award the Request for Proposals for Energy Savings Performance Contracting Services, including Contracts for Both Planning and Consulting Services and Future Energy Savings Performance Contracts, to Ameresco, a Delaware Corporation; and Approval of a Project Development Agreement with Ameresco to Complete Investment Grade Audits for the Development of Energy Savings Projects at Selected County Facilities for the Term of September 10, 2024, through December 31, 2026 24-0840
  71. 3ak) Authorization for the Executive Division Manager to Establish a Capital Improvement Project to Complete the Installation of Electric Vehicle Charging Stations for Employee Use at the Avila Center, 752 South Franklin Street, Fort Bragg in the Amount of $75,000 and Authorization for the Chief Executive Officer or Designee to Negotiate and Execute a Workplace Electric Vehicle Charging Research Project Participation Agreement with the Sonoma Clean Power Authority for the Charging Stations; and Approval of Appropriation Transfer of Funds in the Amount of $55,000 from Fund 1225-865802-DR613 Operating Transfer Out Carbon Reduction Funds, Revenues of $20,000 to Fund 1201-CI-827801 from Sonoma Clean Power, $55,000 to Fund 1201-CI-827802 Operating Transfer In, and $75,000 to Fund 1201-CI-864360 Structure & Improvements 24-0750
  72. 72 HUMAN RESOURCES
  73. 3al) Adoption of an Ordinance of the Board of Supervisors of the County of Mendocino Amending Chapter 3.04.071 of the Mendocino County Code Increasing the Base Salary for Members of the Board of Supervisors 24-0786
  74. 3am) Adoption of Resolution Amending the Position Allocation Table as Follows: Transfer Position No. 2852 (Staff Services Administrator) 1.0 FTE and Position No. 4156 (Department Analyst II) 1.0 FTE From Budget Unit 4072 to Budget Unit 5010 24-0797
  75. 3an) Adoption of Resolution Amending the Position Allocation Table as Follows: Budget Unit 1020, Add 1.0 FTE Department Analyst II, $67,891.20 - $82,513.60/Annually and Budget Unit 1160, Delete 1.0 FTE Administrative Services Manager II $96,803.20 - $117,665.60/Annually, Position Number 4341 24-0798
  76. 3ao) Approval of Retroactive Agreement with Magellan Health Services of California, Inc. Employer Services in the Amount of $90,000 for an Agreement Term of July 1, 2024, through June 30, 2025, to Provide an Employee Assistance Program 24-0654
  77. 77 LIBRARY
  78. 3ap) Approval of Policy for the Use of Meeting Rooms at the Mendocino County Library Branches 24-0804
  79. 79 PLANNING AND BUILDING SERVICES
  80. 3aq) Approval of Agreement with Environmental Science Associates (ESA) in the Amount of $277,749 with a Term through December 31, 2025, for the Preparation of a Sea Level Rise Resilience Strategy & Plan 24-0811
  81. 81 PROBATION
  82. 3ar) Approval of Mutual Aid Agreement Between the County of Mendocino and the County of Humboldt for the Mutual Provision of Temporary Secure Detention Non-Exclusive Space for Detained Youth During an Emergency Evacuation for the Period of Fiscal Year 2024-2025 through Fiscal Year 2026-2027, for an Amount Not to Exceed $50,000 per Fiscal Year, for a Maximum Amount of $150,000 for the Term of the Agreement 24-0803
  83. 83 PUBLIC HEALTH
  84. 3as) Adoption of Proclamation Recognizing September 15th Through September 21st, 2024, as Child Passenger Safety Week in Mendocino County (Sponsors: Supervisor Mulheren and Public Health) 24-0817
  85. 3at) Approval of Allocation Agreement with California Department of Public Health, in the Amount of $816,742, to Support Hepatitis C Virus Prevention and Collaboration, and Fulfill Any Other Conditions Stipulated by the California Department of Public Health, Sexually Transmitted Diseases Control Branch, Effective July 1, 2024, through June 30, 2028 24-0816
  86. 86 SHERIFF-CORONER
  87. 3au) Approval of Request for Appropriation Form to Appropriate Funds in the Amount of $21,383.71 for the Purchase of Unaffixed Technology Equipment Related to the Sheriff’s Office Evidence Facility Relocation; and the Addition of the Equipment to the County’s Approved Fixed Asset List for FY2024-25 24-0787
  88. 3av) Approval of Fifth Amendment to BOS Agreement No. 19-265 with Bennet Omalu Pathology Increasing the Total Agreement Amount by $100,000 for the Ongoing and Increased Need for Autopsy and Forensic Pathology Services through the Agreement’s Expiration Date of December 1, 2024 24-0805
  89. 89 SOCIAL SERVICES
  90. 3aw) Adoption of Resolution Authorizing the Destruction of Certain Records within the Department of Social Services, Pursuant to Government Code Sections 26202 and 26205.1 24-0844
  91. 3ax) Adoption of Resolution Authorizing the Mendocino County Department of Social Services (MCSS) to Enter into Retroactive Agreement No. 24-5036 with the California Department of Social Services (CDSS), in the Amount of $0, for CDSS to Provide MCSS with Legal Consultation and Legal Representation in Administrative Action Appeals Associated with the Resource Family Approval Program, Effective July 1, 2024 through June 30, 2027 24-0831
  92. 3ay) Approval of Agreement with Covered California in the Amount of $0, for Department of Social Services to Serve as a Certified Application Entity, Effective Upon Full Execution through June 30, 2029 24-0800
  93. 3az) Approval of Agreement with Mendocino Coast Hospitality Center in the Amount of $227,755, to Provide Prompt Access to the Mendocino County Homeless Services Continuum of Care’s Coordinated Entry System, and Deliver Rapid Rehousing Services to Eligible Households Experiencing Homelessness in Mendocino County, Effective Upon Signing through June 30, 2025 24-0812
  94. 3ba) Approval of Agreement with Mendocino Coast Hospitality Center in the Amount of $82,144, to Provide Street Outreach Services to Individuals and Families Experiencing Unsheltered Homelessness in Mendocino County, Effective Upon Signing through December 31, 2025 24-0830
  95. 3bb) Approval of Agreement with North Coast Opportunities, Inc. in the Amount of $583,576, to Provide Rapid Re-Housing Assistance to Families Experiencing Homelessness in Mendocino County, Using California Homeless Coordinating and Financing Council Grant Funds for the Homeless Housing, Assistance, and Prevention Program, Effective Upon Signing through December 31, 2025 24-0832
  96. 3bc) Approval of Retroactive Agreement with Applied Survey Research in the Amount of $49,900, to Conduct the 2024 Homeless Point-In-Time Census and Survey Project in Mendocino County, Using Housing and Homelessness Incentive Program Allocation Funds, Effective January 1, 2024, through December 31, 2024 24-0815
  97. 3bd) Ratification of Submission of Application and Approval of Revenue Agreement with Partnership HealthPlan of California, for Incentive Payment Program Funding in the Amount of $207,000, for the Implementation of California Advancing and Innovating Medical Projects, Effective Upon Signing Through December 31, 2025 24-0838
  98. 98 TRANSPORTATION/SOLID WASTE
  99. 3be) Adoption of Resolution of the Mendocino County Board of Supervisors Approving Department of Transportation Agreement Number 230033 with John Lyon for a Hangar Lease Agreement at Round Valley Airport and Authorizing the Director of Transportation to Execute the Lease (Covelo Area) 24-0825
  100. 3bf) Adoption of Resolution of the Mendocino County Board of Supervisors Approving Department of Transportation Agreement Number 230043 With Jeff Caswell for a Private Portable Hangar Ground Lease Agreement at Little River Airport and Authorizing the Director of Transportation to Execute the Lease (Little River Area) 24-0826
  101. 3bg) Adoption of Resolution Approving Department of Transportation Agreement Number 240009 with Wylatti Resource Management, Inc., in the Amount of $600,000, for the Term Starting Upon Execution of the Agreement through June 30, 2027, for Leachate Monitoring and Hauling Services for Laytonville and Caspar Landfills, and Authorizing the Director of Transportation to Sign Any and All Amendments to the Agreement Not Exceeding $60,000 (Laytonville and Caspar Areas) 24-0828
  102. 3bh) Adoption of Resolution Approving Department of Transportation Agreement Number 240032 with O’Neil’s Septic Service, in the Amount of $250,000, for the Term Starting Upon Execution of the Agreement through June 30, 2027, for Leachate Monitoring and Hauling Services for South Coast Landfill, and Authorizing the Director of Transportation to Sign Any and All Amendments to the Agreement Not Exceeding $25,000 (Gualala Area) 24-0839
  103. 103 ADJOURNMENT
  104. 104 Additional Meeting Information for Interested Parties
  105. 105 Thank you for your interest in the proceedings of the Mendocino County Board of Supervisors.
  106. 3. CONSENT CALENDAR approved the Consent Calendar Pass ▶ jump to 66:58
  107. 4g) Noticed Public Hearing - Discussion and Possible Action Including (1) Review and Consider the Report and Recommendation of the Planning Commission on the Proposed Adoption of Amendments to Division I of Title 20 of Mendocino County Code (the “Inland Zoning Code Update”); (2) Adopt a Resolution Adopting an Addendum to the Environmental Impact Reports for the Mendocino County General Plan and the Ukiah Valley Area Plan for the Inland Zoning Code Update; and (3) Adopt an Ordinance Adopting the Inland Zoning Code Update, Making Amendments to Division I of Title 20 of the Mendocino County Code (Sponsor: Planning and Building Services) 24-0848 approved the Consent Calendar Pass