POLISCOPE

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MENDOCINO COUNTYHeld · official record pendingPartial coverage

Board of Supervisors

Tuesday, November 1, 2022 · Government meeting record

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Board of Supervisors

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COUNTY ADMINISTRATION CENTER 501 Low Gap Road, Room 1070 Ukiah, CA 95482 (707) 463-4221 (t) (707) 463-5649 (f) bos@mendocinocounty.org MENDOCINO COUNTY BOARD OF SUPERVISORS AGENDA REGULAR MEETING November 01, 2022 - 9:00 AM GLENN MCGOURTY 1st District Supervisor Vice-Chair MAUREEN MULHEREN 2nd District Supervisor JOHN HASCHAK 3rd District Supervisor DAN GJERDE 4th District Supervisor TED WILLIAMS 5th District Supervisor Chair This meeting will take place in the Board of Supervisors Chambers, at 501 Low Gap Road, Ukiah, California, and virtual attendance will be available via Zoom (pursuant to Government Code section 54953(e)(1)(A)). Meetings are live streamed and available for viewing online on the Mendocino County YouTube page, at https://www.youtube.com/MendocinoCountyVideo or by toll-free, telephonic live stream at 888-544-8306. The public may also participate digitally in meetings in lieu of personal attendance. Comment may be made via written comment using our online eComment platform at https://mendocino.legistar.com/Calendar.aspx, or by joining the Zoom Webinar and using the "raise hand" feature when Public Comment is called. For details and complete list of the latest available options by which to engage with agenda items, please visit: https://www.mendocinocounty.org/government/board-of-supervisors/public-engagement Zoom Webinar ID: 842 8382 2464 Zoom Phone Number (if joining via telephone): 1 669 900 9128 November 1, 2022

Board of Supervisors AGENDA 1. OPEN SESSION (9:00 A.M.) The Mendocino County Board of Supervisors meets concurrently as the Board of Directors of the: In Home Supportive Services Public Authority Governing Board; Mendocino County Air Quality Management District; Mendocino County Public Facilities Corporation; and the Mendocino County Water Agency. 1a) Roll Call 1b) Pledge of Allegiance 2. PUBLIC EXPRESSION Members of the public are welcome to address the Board on items not listed on the agenda, but within the jurisdiction of the Board of Supervisors. The Board is prohibited by law from taking action on matters not on the agenda. Individuals wishing to address the Board under Public Expression are welcome to do so via email, telephone, Zoom, or via voicemail message. For information on each of these methods, call Mendocino County Clerk of the Board at (707) 463-4441 or visit https://www.mendocinocounty.org/government/board-of-supervisors/public-engagement. All correspondence will be attached to the item and made available online at: https://mendocino.legistar.com/Calendar.aspx. 3. CONSENT CALENDAR The Consent Calendar is considered routine and non-controversial and will be acted upon by the Board at one time without discussion. Any Board member may request that any item be removed from the Consent Calendar for individual consideration. See section at the end of this document for the full listing of Consent items. 4. REGULAR CALENDAR Page 2November 1, 2022

Board of Supervisors AGENDA 4a) Public Meeting - Discussion and Possible Action Including Introduction and Waive First Reading of an Ordinance Amending Mendocino County Code Chapter 10A.16 Regarding Device Registration and Inspection Fees (Sponsor: Agriculture) Recommended Action: Introduce and waive first reading of an Ordinance amending Mendocino County Code Chapter 10A.16 Regarding Device Registration and Inspection Fees BOS Ag Memo for 11-1-2022 Ordinance Summary - Ag Device Fee Amendments 2022 Ordinance - Ag Device Fee Amendments 2022 Redline Ordinance - Ag Device Fee Amendments 2022 10 YR W&M Expense-Revenue Fee Worksheet BU 2710 (with%chg) Attachments: 4b) D i s c u s s i o n a n d P o s s i b l e A c t i o n I n c l u d i n g D i r e c t i o n f o r Auditor-Controller/Treasurer-Tax Collector to Provide an Update on the Status of Fiscal Year End 2021/22 Close, Schedule of School District Audits, Quarter 1 Close, and Other Topics as Seen Necessary for Ensuring Continued Governmental Operations (Sponsor: Supervisor Williams) Recommended Action: Direct Auditor-Controller/Treasurer-Tax Collector to provide an update on the status of fiscal year end 2021/22 close, schedule of school district audits, quarter 1 close, and other topics as seen necessary for ensuring continued governmental operations. 11-01-22 - Letter to County Auditor Controller Tax Collector 2022 10 28Attachments: 4c) Discussion and Possible Action Including Approval of Memorandum of Understanding with The Mendocino County Superior Court for the Appointment and Review of the Chief Probation Officer (Sponsor: County Counsel) Recommended Action: Approve Memorandum of Understanding with the Mendocino County Superior Court for the Appointment of the Chief Probation Officer; and authorize Chair to sign same. Agreement 22-269Attachments: Page 3November 1, 2022

Board of Supervisors AGENDA 4d) Discussion and Possible Action Including Adoption of Resolution of the Mendocino County Board of Supervisors Proclaiming a Local Emergency Related to Tree Mortality (Sponsors: Supervisor Haschak and Supervisor Gjerde) Recommended Action: Adopt Resolution of the Mendocino County Board of Supervisors Proclaiming a Local Emergency Related to Tree Mortality; and authorize Chair to sign same. Resolution 22-218 Resolution 10-28-22 Conifer Mortality 10-31-22 MendoTreeStress20221029 10-31-22 Statewide Tree Mortality Declaration 2014 10-31-22 California Tree Mortality Task Force 11-01-22 Tree Mortality Resolution - Revised 11-01-22 Tree Mortality Resolution - Revised (Redline) 11-01-22 Tree Mortality Resolution - Revised - Meeting Final 11-01-22 Tree Mortality Resolution - Revised - Meeting Final (Redline) Attachments: 4e) Discussion and Possible Action Including Approval of Proposed Priority Water Resiliency Projects by District; Approval for Consultant to Bring Back Clear Objectives, Milestones, Outcomes, and Outline of Staff Time Required to Support each Project; and Direction to Staff (Sponsor: Supervisor McGourty) Recommended Action: Approve proposed priority water resiliency projects by district; approve consultant to bring back clear objectives, milestones, outcomes, and outline of staff time required to support each project; and provide direction to staff. Power Point 5 Priority Water Projects for Mendocino CountyAttachments: 4f) Chief Executive Officer's Report (Sponsor: Executive Office) Recommended Action: Accept the Chief Executive Officer's report. CEO Report 11-1-22 Edition CEO Report 11-1-22 Edition (Spanish) 11-2-22 Unredacted CV-1 Invoice (Per BOS Request) Attachments: Page 4November 1, 2022

Board of Supervisors AGENDA 4g) Discussion and Possible Action Including Review, Adoption, Amendment, Consideration or Ratification of Legislation Pursuant to the Adopted Legislative Platform (Sponsor: Executive Office) Recommended Action: Provide direction to staff on matters of legislation. 4h) Supervisors’ Reports Regarding Board Special Assignments, Standing and Ad Hoc Committee Meetings, and Other Items of General Interest 5. MODIFICATIONS TO AGENDA Items added to the agenda subsequent to agenda publication, up to 72 hours in advance of the meeting, pursuant to Government Code section 54954. 6. CLOSED SESSION Any public reports of action taken in the closed session will be made in accordance with Government Code sections 54957.1. 6a) Pursuant to Government Code Section 54957.6 - Conference with Labor Negotiator - Agency Negotiators: Darcie Antle, Cherie Johnson, and Jon Holtzman; Employee Organization(s): All 6b) Pursuant to Government Code Section 54956.9(d)(1) - Conference with Legal Counsel - Existing Litigation: One Case - Mendocino County Sheriff Matthew Kendall v. Mendocino County Board of Supervisors - First District Court of Appeal Case No. A164676 3. CONSENT CALENDAR - CONTINUED The Consent Calendar is considered routine and non-controversial and will be acted upon by the Board at one time without discussion. Any Board member may request that any item be removed from the Consent Calendar for individual consideration. ITEMS RECOMMENDED FOR APPROVAL: MINUTES 3a) Approval of Minutes of October 18, 2022 Regular Meeting Recommended Action: Approve minutes of the October 18, 2022 regular meeting. 10-18-22 Minutes 10-18-22 Minutes - DRAFT Attachments: APPOINTMENTS Page 5November 1, 2022

Board of Supervisors AGENDA 3b) Approval of Recommended Appointments/Reappointments Recommended Action: 1. Andres Avila, Ambulance Provider, Volunteer Public Service District, Emergency Medical Care Committee; 2. Ryan Nelson, Ambulance Provider, Public Fire/Ambulance Provider, Emergency Medical Care Committee; 3. Sue Carberry, Mendocino County Association of Fire Districts Representative, Emergency Medical Care Committee; 4. Amy Buckingham, Base Hospital Representative, Emergency Medical Care Committee; 5. Theresa Gowan, Mendocino County Based EMS Educational Institution Representative, Emergency Medical Care Committee; 6. David Beak, Base Hospital Representative (Coast), Emergency Medical Care Committee; 7. John Huff, Member at Large (Coastal), Mendocino County Fish and Game Commission; 8. Lindsey Daugherty, Fifth District Representative, Mental Health Treatment Act Citizens Oversight Committee; 9. Dan Platt, Commissioner, Noyo Harbor District; and 10. Marc Komer, Alternate Public Member, Air Quality Management District Hearing Board. Avila Application Nelson Application Carberry Application Buckingham Application Gowan Application Beak Application Huff Application Daugherty Application Platt Application Komer Application Attachments: EXECUTIVE OFFICE Page 6November 1, 2022

Board of Supervisors AGENDA 3c) Adoption of 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 Recommended Action: Adopt 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; and authorize Chair to sign same. Resolution 22-212 Resolution Attachments: 3d) Approval of Retroactive Second Amendment to Agreement No. BOS 20-118 with American Guard Services, Inc., in the Amount of $0 for a Total of $374,720, to Provide Armed Security Guard Services for Persons Placed in Quarantine Due to the COVID-19 Pandemic, Effective August 5, 2020 Through a New End Date of July 31, 2022 (Original End Date: August 1, 2021) Recommended Action: Approve retroactive second Amendment to Agreement No. BOS-20-118 with American Guard Services, Inc., in the amount of $0 for a total of $374,720, to provide armed security guard services for persons placed in quarantine due to the COVID-19 pandemic, effective August 5, 2020 through a new end date of July 31, 2022 (original end date: August 1, 2021); authorize the Deputy Chief Executive Officer or designee to sign any amendments that do not increase the maximum amount; and authorize Chair to sign same. Agreement 20-118-A2 Amendment 1 - American Guard Services Amendment (COVID), $200,000 (374,720) 20-21 Original - American Guard Services (Covid), $174,720, SEIU, 20-21, BOS 20-118 Attachments: AIR QUALITY MANAGEMENT DISTRICT Page 7November 1, 2022

Board of Supervisors AGENDA 3e) Adoption of Resolution Approving the Allocation Agreement between Placer County Air Pollution Control District (PCAPCD) and Mendocino County Air Quality Management District (MCAQMD) for Participation in the state FARMER Grant Program Shared Allocation Pool (SAP), Authorizing MCAQMD to Accept Funding Associated with the Agreement, and Authorizing the Air Pollution Control Officer’s Execution and Submission of the Agreement to PCAPCD Recommended Action: Adopt Resolution Approving the Allocation Agreement between Placer County Air Pollution Control District and Mendocino County Air Quality Management District for Participation in the state FARMER Grant Program Shared Allocation Pool (SAP), authorizing MCAQMD to Accept Funding Associated with the Agreement, and authorizing the Air Pollution Control Officer to Execute and Submit the Agreement to PCAPCD; and authorize Chair to sign same. Resolution 22-213 Resolution Allocation Agreement Allocation Agreement Signature Page Mendocino FARMER Projects Attachments: 3f) Adoption of Resolution Approving the Primary Agreement between Placer County Air Pollution Control District (PCAPCD) and Mendocino County Air Quality Management District (MCAQMD) for Participation in the state FARMER Grant Program Shared Allocation Pool (SAP), Authorizing MCAQMD to Accept Funding Associated with the Agreement, and Authorizing the Air Pollution Control Officer’s Execution and Submission of the Agreement to PCAPCD Recommended Action: Adopt Resolution approving the Primary Agreement between Placer County Air Pollution Control District and Mendocino County Air Quality Management District for Participation in the state FARMER Grant Program Shared Allocation Pool (SAP), authorizing MCAQMD to accept funding associated with the Agreement, and authorizing the Air Pollution Control Officer to execute and submit the Agreement to PCAPCD; and authorize Chair to sign same. Resolution 22-214 Farmer Primary Agreement Resolution 2022 Farmer Primary Agreement Primary Agreement Signature Page Mendocino FARMER Projects Attachments: BEHAVIORAL HEALTH AND RECOVERY SERVICES Page 8November 1, 2022

Board of Supervisors AGENDA 3g) Approval of Business Associate Agreement No. 1189-BAA-2022-MEN, with the California Mental Health Services Authority (CalMHSA), in the Amount of $0, for all CalMHSA Programs that Involve Protected Health Information, Effective for the Term of any Applicable Underlying Agreement, Contract, Participation Agreement, Master Agreement, Work Order, Purchase Order, or Other Service Arrangement, With or Without Payment, That Gives Rise to Mendocino County’s Status as a Business Associate Recommended Action: Approve Business Associate Agreement No. 1189-BAA-2022-MEN, with the California Mental Health Services Authority (CalMHSA), in the amount of $0, for all CalMHSA programs that involve protected health information, effective for the term of any applicable underlying agreement, contract, participation agreement, master agreement, work order, purchase order, or other service arrangement, with or without payment, that gives rise to Mendocino County's status as a business associate; authorize the Behavioral Health and Recovery Services Director or designee to sign any future amendments that do not increase the total amount; and authorize Chair to sign same. Agreement 22-267Attachments: 3h) Approval of Retroactive Agreement (First Amendment to Revenue Agreement No. 19-10784) with California Department of Public Health, in the Amount of $32,834.16 for a New Total of $152,834.16, to Provide Support to the Safe RX Coalition’s Overdose Data to Action Initiative, Effective March 9, 2020 Through a New End Date of August 31, 2023 (Original End Date: August 31, 2022) Recommended Action: Approve retroactive Agreement (first Amendment to revenue Agreement No. 19-10784) with California Department of Public Health, in the amount of $32,834.16 for a new total of $152,834.16, to provide support to the Safe RX Coalition's Overdose Data to Action Initiative, effective March 9, 2020 through a new end date of August 31, 2023 (original end date: August 31, 2022); authorize the Behavioral Health and Recovery Services Director or designee to sign any amendments or renewals that do not exceed the original Board of Supervisors approved maximum amount of $255,000; and authorize Chair to sign same. Interim Agreement *22-268 CA Dept. of Public Health, Opioid, $120,000, 20-22, PH CW, 19-10784 Attachments: Page 9November 1, 2022

Board of Supervisors AGENDA 3i) Approval of Retroactive Second Amendment to BOS Agreement 21-138 (Third Amendment Overall) with Redwood Quality Management Company in the Amount of $1,015,000 for a New Total of $19,226,861 to Pay for Medically Necessary Specialty Mental Health Services and Mental Health Services Act Community Services and Support Programs for All Ages of Medi-Cal Beneficiaries and the Indigent Population, Effective July 1, 2021 Through June 30, 2022 Recommended Action: Approve retroactive second Amendment to BOS Agreement 21-138 (third Amendment overall) with Redwood Quality Management Company in the amount of $1,015,000 for a new total of $19,226,861 to pay for medically necessary Specialty Mental Health Services and Mental Health Services Act Community Services and Support Programs for all ages of Medi-Cal beneficiaries and indigent population, effective July 1, 2021 through June 30, 2022; authorize the Behavioral Health and Recovery Services Director or designee to sign any further amendments that do not increase the annual maximum amount; and authorize Chair to sign same. Agreement 21-138-A2 Redwood Quality Management Company, $17,361,861, BHRS MH, 21-22, BOS 21-138 r Redwood Quality Management Company, amendment $0 ($17,361,861), 21-22, BHRS MH Redwood Quality Management Company amendment 2, $850,000 (18,211,861), 21-22, BH Attachments: COUNTY COUNSEL 3j) Adoption of an Ordinance Amending Chapter 10A.17 - Mendocino Cannabis Cultivation Ordinance to Establish an Appeals Process and Define Department as the Cannabis Department Recommended Action: Adopt Ordinance amending Chapter 10A.17 of the Mendocino County Code to establish appeals process and define department as the Cannabis Department; and authorize Chair to sign same. Ordinance 4514 Cannabis Appeals and Department Change - Ordinance Cannabis Appeals and Department Change - Ordinance Redline Cannabis Appeals and Department Change - Ordinance Summary Attachments: CULTURAL SERVICES AGENCY Page 10November 1, 2022

Board of Supervisors AGENDA 3k) Authorization for the Mendocino County Library to Accept Award of $12,728 from the California State Library to Participate in the Zip Books Program and Use Dedicated Credit Card for Grant Program Purchases Recommended Action: Authorize the Mendocino County Library to accept award of $12,728 from the California State Library to participate in the Zip Books Program and use dedicated credit card for grant program purchases. Zip Award LetterAttachments: 3l) Authorization for the Mendocino County Library to Accept Funding of $20,000 from the California State Library Book to Action Grant for Mendocino County Reads - Six California Kitchens: A Collection of Recipes, Stories, and Cooking Lessons from a Pioneer of California Cuisine by Sally Schmitt Recommended Action: Authorize the Mendocino County Library to Accept funding of $20,000 from the California State Library Book to Action grant for Mendocino County Reads - Six California Kitchens: A Collection of Recipes, Stories, and Cooking Lessons from a Pioneer of California Cuisine by Sally Schmitt. Book_to_Action_Award_Letter_FY22-23Attachments: HUMAN RESOURCES 3m) Adoption of Resolution Approving Pay Range Revision of the Following Classifications: Chief Building Official and Chief Planner from $90,126.40-$109,574.40/annually to $93,974.40-$114,212.80/annually; A s s i s t a n t C h i e f P r o b a t i o n O f f i c e r f r o m $ 9 8 , 0 5 1 . 2 0 - $ 1 1 9 , 2 0 4 . 8 0 / a n n u a l l y t o $104,000.00-$126,422.40/annually; Probation Division Manager from $88,857.60-$107,993.60/annually to $93,974.40-$114,212.80/annually; Deputy Director Department of Transportation - Admin from $81,057.60-$98,550.40/annually to $93,974.40-$114,212.80/annually Recommended Action: Adopt Resolution approving pay range revision of the following classifications: Chief Building Official and Chief Planner from $90,126.40-$109,574.40/annually to $93,974.40-$114,212.80/annually; Assistant Chief Probation Officer from $98,051.20-$119,204.80/annually to $104,000.00-$126,422.40/annually; Probation Division Manager from $88,857.60-$107,993.60/annually to $93,974.40-$114,212.80/annually; Deputy Director Department of Transportation - Admin from $81,057.60-$98,550.40/annually to $93,974.40-$114,212.80/;annually and authorize Chair to sign same. Resolution 22-215 11.01.22 HR 22-1235 Salary Revision Various RESO.docx Attachments: Page 11November 1, 2022

Board of Supervisors AGENDA 3n) Adoption of Resolution Modifying the Deputy Air Pollution Control Officer as an At-Will, Unrepresented Classification and Amend the Position Allocation Table Accordingly Recommended Action: Adopt resolution modifying the Deputy Air Pollution Control Officer as an at-will, unrepresented classification and amend the Position Allocation Table accordingly; and authorize Chair to sign same. Resolution 22-216 11.01.22 HR 22-1242 Deputy APCO RESO.docx Attachments: PUBLIC HEALTH 3o) Adoption of Resolution Finding That State and Local Officials Continue to Recommend Measures to Promote Social Distancing In Connection With Public Meetings Recommended Action: Adopt Resolution finding that State and local officials continue to recommend measures to promote social distancing in connection with public meetings; authorize Chair to sign same. Resolution 22-217 Resolution Attachments: SHERIFF-CORONER 3p) Approval of Request for Appropriation, Cancellation or Revision of Funds Transferring $25,000 from Fund 1100, Budget 2510-JA, Line Item 864360 (Structures and Improvements) to Fund 1201, Budget 1710-CI, Line Item 862130 (Maintenance Structures Improvements and Grounds) for the Removal of a Dilapidated Modular Building from the Jail Programs Area Recommended Action: Approve transfer of funds in the amount of $25,000 from Fund 1100, Budget 2510-JA, Line Item 864360 (Structures and Improvements) to Fund 1201, Budget 1710-CI, Line Item 862130 (Maintenance Structures Improvements and Grounds) for the removal of a dilapidated modular building from the Jail Programs area; and authorize Chair to sign the same. Appropriation Form - Signed Request for Appropriation, Cancellation or Revision of Funds.pdf Attachments: ADJOURNMENT Page 12November 1, 2022

Board of Supervisors AGENDA Additional Meeting Information for Interested Parties For a full list of the latest available options by which to engage with agenda items, please visit https://www.mendocinocounty.org/government/board-of-supervisors/public-engagement All electronically submitted comment is immediately available to Supervisors, staff, and the g e n e r a l p u b l i c b y c l i c k i n g t h i s m e e t i n g ' s e C o m m e n t l i n k a t https://mendocino.legistar.com/Calendar.aspx L I V E W E B S T R E A M I N G O F B O A R D M E E T I N G S i s a v a i l a b l e a t https://mendocino.legistar.com or visit the Mendocino County YouTube channel. Meetings are also livestreamed from the Mendocino County Facebook page. For technical assistance, please contact the Clerk of the Board at (707) 463-4441. Please reference the departmental website to obtain additional resource information for the Board of Supervisors: www.mendocinocounty.org/bos Thank you for your interest in the proceedings of the Mendocino County Board of Supervisors. Page 13November 1, 2022

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