2nd District Supervisor Mo Mulheren’s Weekly Update: An Overview of the Cannabis Ordinance

Hi , I am a day late. There’s a lot going on with Budget Hearings. Please forgive me.

As a reminder I am only one person that wants to share information about what I am working on in the community  so that we can work together to come up with solutions. Here is what I did last week. This does not represent “The Board” or “The County” just “The Mo You Know”. I’m happy to hear from you my email is mulherenm@mendocinocounty.org and my cell is 707-391-3664, I’m terrible with voicemail. Text is best. 

Wednesday:
Cannabis Special Meeting
This reads like I speak, one long run on sentence.
Enjoy.

The BOS voted 4-1 to move the new Cannabis Ordinance referred to as CCAO (Commercial Cannabis Activity Land Use Development Ordinance) I wanted to provide my thoughts in a summary before the rumor mill started (all though I see its already started). I think the most important question I get asked is so What’s different? What makes the Board think they can fix the failure of the Phase 1 Ordinance? The following are my notes during the meeting of things that were standing out to me as questions or concerns I heard from the community though of course I’m happy to answer any questions. There are several things that are still open to discussion and feedback listed at the bottom if you have thoughts.

“The Ordinance with all of the amendments is a sincere attempt to incorporate the community concerns” – Chair Gjerde 6/2/21
I think this is incredibly important for people to understand. The Supervisors are not “going against” the community. We have heard and have incorporated where possible the changes the community is asking for. We know that not everyone will be happy and frankly we’ve made people on both sides of the 10% argument unhappy so in my opinion that means we’ve landed somewhere in the middle. I hope that people will slow down on the demand for a referendum and let the new ordinance be adopted and play out. Here are my thoughts on why I voted in favor of the ordinance.

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The Hot Topic 10%
Since this seems to be the hot topic I will get started with 10%.  Please remember that there are many requirements for cannabis businesses and there is a lot of gossip of cannabis taking over 10% of the County and truly that‘s not how its going to work. The Board did vote to Approve an Appendix A table that includes the option of properties over 10 acres in RL and Ag to apply for a permit to cultivate cannabis on up to 10% of their property. We also voted to bring back a phased approach for expansion starting at 2 acres and creating a timeline to allow a scaling up over a period of (??? Don’t know yet but likely several years) at the next meeting possible, which looks like August. Because of the timeline with CEQA we can become more restrictive and not less, so this gives us an opportunity to work backwards rather than starting at two acres max from the get go. If a person owns over 10 acres in Ag land or Rangeland (most of Inland Mendo is in Rangeland, not because the soil is special, literally because someone drove around in the 80’s and declared it to be rangeland) they could apply for a Major Use Permit to cultivate cannabis on up to 10% of their property. Mind you this expansion is outdoors in the sun (just like vineyards, except for in this Mendo ordinance cannabis can’t be expanded on bare land it has to be land that was already utilized for ag). The ability to cultivate mixed light is currently limited at 22,000 sq ft max (but at least two Supervisors want to further restrict that). Recognizing that California has drought cycles that can play a role in how a business operates and trying to mitigate the water concerns of the community any new project would need to have a water source on site, if they are drilling a well they will have to have a full hydrological study to show that their well won’t affect their neighbors and trucked water is not allowed except for in a disaster (not complete with the definition of that yet, so more to come).  The BOS heard the PCommish and the cannabis advocacy groups that called for a 2 acre limit so at the next possible meeting (late July or August before there is room on an agenda) the P Commish will consider how to create a phased approach starting at 2 acres (not until 2023 –  no new projects during this year’s drought and likely no one getting through the permitting process for 12-18 months (Yes, it takes that long for a major use project to get through, working on that too). Supervisor Gjerde suggested a 5 acre cap total with a roll out starting in 2026 for this phased approach. I think I’ve said it about 500 times and I will continue to say it, we need to let the projects that come forward guide the conversation instead of throwing out arbitrary numbers, that’s why I believe 10% make sense because it provides a ceiling but lets the business owner and property limitations decide canopy based on capacity. Let’s pause for a moment and discuss why people need that much cannabis in the first place. The way I see it there are basically two markets for cannabis products. There is the artisanal cottage grown flower that Mendocino County is known for. And there are products that come from manufacturing using the oils from the cannabis. The situation is that the manufacturing requires a lot of cannabis, I’ve heard 4-5,000 lbs per day. I know not everyone likes this but I do compare it to the wine industry where you need a lot of grapes to make wine so you also need a lot of cannabis to make oil. Did you know that vineyards can be as big as they want in any land use zone in Mendocino County? Well it matters and I wish we would talk about it more as our hillsides are bull dozed for more and more vines (which do use water BTW) just as much as we talk about Cannabis (anyone want to talk about that?). Back to cannabis though, Mendo’s challenge is that these large businesses are cultivating in other counties or getting large bulk flower from other places like Santa Barbara because we have been limited cultivation acreage in Mendo to 10,000 sq feet. So in my opinion we should allow the opportunity for that cultivation to happen locally so that our Mendo folks can have the jobs that come with it. Let’s talk about Santa Barbara for a moment. Do I want Mendo to become Santa Barbara? No. Full stop. (See below for an addition added after the weekend) The entire ordinance that has been created has steered the market in to outdoor sun grown cannabis. Part of the 2 acre conversation that will come back to the Board is the limiting of other mixed light license types in particular for expansion but also for Phase 3 generally. Even though I’ve never cultivated cannabis I do understand the need for mixed light facilities after many tours. I hope that the Board takes the time to carefully consider the variety of business models and the mitigation’s that can occur with these types of projects including sighting out of view, down shielding lights, canopy types etc. I realize that this seems all over the place but there are many pieces to the ordinance and I’m just trying to include the 6 months of conversations that I have participated in although this expansion has been discussed since 2017. I think that is another good point that Supervisor Williams brought up. Phase 3 already exists and its not this strict or limiting as what was approved today and we can’t keep postponing this new ordinance. Another important reason to move the ordinance forward now and then change it as we go along. Yes, we can change it in the future, specifically making it more strict. Supervisor McGourty started the conversation by saying that with this ordinance Mendocino County will actually have one of the most stringent application processes across the State. We know that the State of California also has very stringent regulations but I will note here that that isn’t what is seen on the ground today and that is a real problem, I recognize that as a challenge for the community.

“What’s different?” I think this Board has made it clear that Code Enforcement is a priority. There is now a plan that includes Code Enforcement, the Sheriff’s Office and the Cannabis Program to work together to remove the most egregious actors first. I believe the funding for that will be coming forward in the budget discussion. The Board has also approved moving forward with a near real time satellite system to levy fees on illegal cultivators. This is all good but we also need to have a legal path forward for businesses that want to get in to the regulated market if we want to capture the potential tax revenue. 

So what else is different? Frankly new leadership on the BOS & with the Cannabis Program. Its not as if I think having two new Supervisors waves some magical wand and suddenly code enforcement and the cannabis program are fixed over night. I think the political will clearly says two things: we want as many businesses as possible to get in to the regulated system and we want those that don’t have the option to become legal to stop operating. We have an experienced Cannabis Program Manager that is committed to moving as many permits through as will qualify and support the team of the Cannabis Program to have applicants be successful. 

Cannabis Program – accept applications based on capacity, another challenge has been the pause on accepting new applications (?2019?) and the capacity of staff to move applicants through the process. This will be brought forward to the Board when PBS and CP develop a plan, perhaps accepting applications for the first week of the month and then processing them and reopening the first week of the next month, maybe only on Mondays and Tuesdays I’m not sure. The BOS and staff recognize that managing expectations of permit process for the applicants and approval is very important. I look forward to having a clear path forward to reduce the confusion we’ve had with portal or no portal etc. The Cannabis Program meetings on YouTube have been helpful I check them out look up Mendocino County Video 

Active Code Enforcement (CP, PBS & MCSO) – so I took this as a note and I mentioned it briefly above. The lack of active code enforcement has been evident to the community and caused many concerns and frustrations. The Board has committed to improving this and recently you have probably seen announcements of cannabis code enforcement to raise awareness as to the number of fees and the level of enforcement that exists even now. I can’t answer for why it hasn’t been a priority in the past all that I can say that the votes of this Board have over and over emphasized the need for people to get in to the legal market or stop cultivating.

Note- Two Industries: Artisanal cultivation/Manufacturing – Covered this above. Small cottage cultivators are not competing product wise with a large cultivator that for instance wants to grow two acres. There is a lot of fear especially by small cultivators that acres of cannabis will take them out of the market. The Phase 3 Cannabis Facilities ordinance changed the way that small cultivators can operate their business and I wish that it had gotten more positive attention. Farmers Markets, farm tours, self-distribution all of these bring the customer to the farmer. Your brand is yours, you are special. Market your product and your brand. There are resources out there that you can use. Please reach out to the West Company and learn about marketing and branding for free.

Water, water, water – the new CCAO Ordinance requires water storage and aims to reduce using ground water. We will require a hydrological study for a well to make sure that it doesn’t impact neighbors. Again I realize this is not what has happened in the past but moving forward this is where we are going and the Board has provided clear direction that water concerns are real and businesses need to be prepared to have water on sight. One major complaint that we receive from constituents is around trucking water and that is not allowed in this new ordinance. Also there will be no new permits issued during the drought. 

How do we protect Covelo and the North County? There has been a long list of ways in which the Board has supported the North County and Covelo in particular over the last six months; including applying for a large grant to clean up abandoned cars, increasing capacity at the Transfer Station, trying to seek a resident (or multiple?) MCSO Deputies. One of the ways that the new Ordinance will assist these communities is through the Use Permit Process. Each project will be brought forward one at a time with environmental and community concerns able to be mitigated through the planning process and I’m open to more suggestions. 

This is different than Sonoma County, the exact opposite – I’ve seen heard that Sonoma County recently voted to go back and do an EIR and what is important for you to know is that we are basically flip flopping with Sonoma County. They previously had a stringent site specific process that took time to get through the permitting system and were trying to create a policy that would streamline applications like our “Phase 1”. Phase 3 or CCAO is a more stringent process than our Phase 1, and will take more time. One of the complaints from the previous program from Sonoma was that it was far too slow and now we are moving to that slow process and make sure that projects are vetted on a one by one basis,, we know it will be slow but we want to get it right. The Sonoma BOS vote was the opposite of what Mendo is doing. It would be assumed that if they seek an EIR and it determines as the State MND did that the cannabis industry is not having a substantial impact on the environment then they would move forward with allowing for a streamlined expansion project but we will have to follow that and see how it goes. 

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So why no EIR? From my view an EIR would not be accurate due to all of the illegal cultivation. We must put a stop to illegal cultivation and require mitigation as an EIR would not reflect the true impact of cannabis on the community. Individual projects approved through the permitting process would likely not have an overall impact on the community (or have mitigation or they won’t be approved) or certainly not the impact that we have with cannabis as it stands today in the County. Future amendments can occur to create restrictions for the environment, we can move forward today based on the ordinance process and then add an amendment in the future for phasing. That’s why the 10% vote today and bringing 2 acres back in the future.

A reminder – This is an attempt to align with the State License program and provide clarity to applicants for environmental regulations and process for becoming a licensed regulated cannabis business in the State of California 

Another reminder – Cannabis is one of the most heavily regulated industries in the State of California. There are several State regulatory agencies that oversee Cannabis and its potential impact on the environment. I realize (again) that in the past it seems as though there has not been appropriate follow up. I know that the State and the County of Mendo are committed to working through the challenges and streamlining the regulated industry. 
Site specific CEQA on a project by project basis is important. Water, terrain, environmental conditions are not the same across Mendocino County. This is the 501st (I think the number is higher even though its only been six months?) time that I have said let the project bring forward what it can do on a site specific basis. One of the things that the community asked for over and over again was to pull illegal operators out of neighborhoods and on to appropriate land which Appendix A works to achieve. No structures above ridge line – important restriction for concerns about the perceived aesthetic impact of cannabis in Mendocino County. Medium indoor and medium mixed light shall use renewable energy sources for heating, cooling and energy light loads in line with State regulations. This ordinance seeks to  align County code and State licensing language as much as possible to ease confusion.

What about the Phase 1 cultivators? This is important. Cannabis is our industry (if you don’t like it help me find another) the fact is that your plumber, your substitute teacher, your nurse have been cultivating cannabis for a decade or more to help pay their mortgage. CCAO is their opportunity to get in to the regulated market before they have to cease that income. Heard loud and clear: Support Phase 1 and get them through the system – the Board agrees that supporting the Phase 1 farmers and getting them to a State of California License is a priority and has allowed additional time for them to get in the que before any new applicants. If you are Phase 1 and have been trying to get a State license your application should be nearly complete with the exception of the questions around Appendix G and SSHR. If you haven’t applied for a State license the time is now. Please watch the Cannabis Program meetings and be prepared.

What about everyone else? I realize that there are small cultivators that are not on this Zoning table. I’ve been reviewing previous Board meetings and ordinances to figure out a path forward to them. This agenda item is currently scheduled for July 13th if you have productive suggestions I am happy to hear them.

“Show me the money” – One more thing let’s talk about the Board being “after the money” for me its not about the tax revenue (although to be clear cannabis is bringing in $6 million and our sales tax is around $7 million so the revenue is clearly significant) I will just share that for me its about the opportunity for people to either own their own business and legally cultivate or for our local people to be able to have jobs in the industry at varying levels of salary from entry level jobs to executive level jobs. Again happy to hear what other industry you have in mind that can successfully incorporate such a diverse community and their skill sets. 

There will be additional changes brought forward at another meeting:
-2 Acre cap – phased approach
-Bring back some mixed light classifications for review and potential removal from the zoning table
-Direct staff to look at license stacking and see what Mendo can do to mitigate that

OK those are my rough notes from the meeting. As a reminder I am only one person of five. I’m happy to answer questions for anything I didn’t cover. I hope this clarifies my thoughts on moving the CCAO forward in Mendocino County.

Thursday:
Coffee and Conversation every Thursday morning at 7:15a-7:45a on Zoom Meeting ID 7079548230 Password LOCAL707 
I think I will continue to do these meetings via Zoom because the time seems convenient but if you are ready to meet in person please feel free to let me know.
Mendocino Business and Government Leaders – discussed what will happen when the Governor plans to reopen on June 15th. Dr Coren has said that Mendocino County will continue to follow the State CDPH and CalOSHA guidelines. Our case numbers have us in the red tier so its important to remember especially as we reopen that vaccinating and testing are very important. 
In the afternoon I met with Debbie who is new at EDFC. I look forward to her in the new position so she can help tell the story of the clients of EDFC and all that they are doing to support local businesses. 

Friday morning:
I spent the morning on Friday doing my Second Annual Birthday Food Drive. When Covid required many people to leave their jobs last year I opted to spend my birthday collecting pantry items for the Ukiah Food Bank. I had a great time and it was a success so I did the same thing this year and now it will be a Birthday tradition. I had about a dozen people sign up for pick up and I gathered everything by 10am. Thank you to everyone who participated. I’m not sure how much money we raised I believe its around $1,000 but I will share when I confirm. I go to Lucky Grocery Store every Monday and Thursday to pick up the food from shipping to take to the Ukiah Food Bank. Everything from bread to birthday cakes so if you ever have a bag of groceries you want to donate just let me know and I will swing by your porch and grab it. 

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Friday, Saturday, Sunday:
So Wednesday wasn’t the first time that I have been asked: Do you want Mendocino County to look like Santa Barbara? I think my natural reaction is to say No. There has been a lot of sharing about how many acres of cannabis are in hoop houses in Santa Barbara with images from the LA Times. I don’t want to see our County filled with hoop houses that contain any crops (cannabis or otherwise). The truth of the matter is I have never even been to Santa Barbara, so how can I really say if I want Mendocino County to look like that or not. I took the weekend to drive down to Santa Barbara so at least I could say I’ve been there. Its beautiful, I drove down Highway 1 and took two days to get to Santa Barbara and drove back up to Ukiah on Highway 101 on Sunday. Did I see acres and acres of hoop houses filled with cannabis? Nope. I saw hoop houses. They appeared to have long stem roses, at least from my view in the passenger seat. Honestly it looked a lot like the South Coast and 101 in Mendo, but the valley was much bigger and had a lot more crops, rows and rows of crops. Actually it looks a lot what Sonoma County and Mendocino look like right now with acres and acres of vineyards. There was a lot of plastic, for the strawberry crops. There were obvious hoop houses but it wasn’t like the images that I saw on social media. As I thought about it over the weekend in the end the Board never voted the same way that Santa Barbara did. The bottom line is that mixed light cultivation in Mendocino County is limited and what the Board is trying to do is allow a scaling up of outdoor sun grown cannabis in Mendocino County. Santa Barbara is beautiful and isn’t the image presented in the recent conversations. So do I want Mendocino County to be Santa Barbara. No, I never did and I still don’t (but at least I’ve been there now). I want us to be unique and to have an ordinance that meets the needs of our community. Not exactly Humboldt, not Lake, not Sonoma and not Santa Barbara but lets give our businesses a chance to be successful whether they are artisanal cottage cultivators or large scale manufacturers. 

Monday:
More news from LAFCO: The Board directed staff to pull the City of Ukiah and Ukiah Valley Sanitation District items so the ED and City Manager can work together before coming back to LAFCO. This is a positive step forward and I hope they are able to work on compromises and bring the LAFCO board back solutions. LAFCO went from a pretty quiet workplan to a lot of work being done in the next two or three years. Time to roll up our sleeves. 
On Monday afternoons I have a standing meeting with the CEO so I am able to ask any questions. Its easier for me to have a designated time. I just thought it was important for you to know that I have a regular meeting with the CEO if you have a specific question or concern, I’m happy to bring it up. 

Tuesday: 
?June 8, 2021 
BOARD OF SUPERVISORS AGENDA
1. OPEN SESSION (9:00 A.M.)
1a) Roll Call
1b) Pledge of Allegiance
2. PROCLAMATIONS 
Pride Month
Juneteenth
Elder Abuse Prevention
(See below)
3. PUBLIC EXPRESSION
3a) Public Expression
Receive Public Expression
4. CONSENT CALENDAR
4a) Approval of Minutes of May 24, 2021 Regular Meeting Recommended Action: Approve minutes of the May 24, 2021 regular meeting. Attachments: 5-24-21 Minutes – DRAFT
Approved
APPOINTMENTS4b) Approval of Recommended Appointments/Reappointments Recommended Action: 1. Erin Brazill, Trustee, Westport-Ten Mile Cemetery District; 2. James Brown, Law Enforcement Representative, Health and Human Services Agency Advisory Board; and 3. Bekkie Emery, County Representative, First 5 Mendocino. Brown Application Brazill Application Emery Application Attachments: 
Approved
4c) Adoption of Proclamation Recognizing June 2021 as LGBTQIA+ Pride Month in Mendocino County (Sponsor: Supervisor Mulheren) Recommended Action: Adopt Proclamation recognizing June 2021 as LGBTQIA+ Pride Month; and authorize Chair to sign same. Attachments: Proclamation
Approved, with public comment. Celebrate our diversity as a community and stand as allies with LGBTQIA+ community
4d) Adoption of Proclamation Recognizing June 19, 2021, “Juneteenth – National Freedom Day: A Day of Observance in Mendocino County” (Sponsor: Supervisor Mulheren) Recommended Action: Adopt Proclamation recognizing June 19, 2021 as “Juneteenth – National Freedom Day: A Day of Observance in Mendocino County”; and authorize Chair to sign same. Attachments: Proclamation
Approved
EXECUTIVE OFFICE
4e) Acceptance of Chief Executive Officer’s Summary; and Acceptance of Correspondence by Mendocino County Sheriff-Coroner’s Office, Mendocino County Department of Transportation, Mendocino County Planning and Building Services, Housing Action Team – Inland Mendocino County, Mendocino County Health and Human Services, United Disaster Relief of Northern CA, Quail Valley Vineyard and Frey Vineyard, Potter Valley Youth and Community Center, Potter Valley Community Parks and Recreation, Potter Valley Community School District, Regarding Projects for Strategically Investing One-Time Pacific Gas & Electric (PG&E) Disaster Settlement Funds (Sponsor: Executive Office) Recommended Action: Accept Chief Executive Officers Summary and correspondence by Mendocino County Sheriff-Coroner’s Office, Mendocino County Department of Transportation, Mendocino County Planning and Building Services, Housing Action Team – Inland Mendocino County, Mendocino County Health and Human Services, United Disaster Relief of Northern CA, Quail Valley Vineyard and Frey Vineyard, Potter Valley Youth and Community Center, Potter Valley Community Parks and Recreation, Potter Valley Community School District, regarding projects for strategically investing one-time Pacific Gas and Electric (PG&E) disaster settlement funds. PGE 6-8-21 One Time Funds Draft Sheriff’s Office – Vehicles & Radio Systems 5-26-21 Department of Transportation- Eastside Potter Valley Rd 5-27-21 Planning and Building Services Revised 5-27-21 Housing Action Team 5-24-21 Health and Human Services Agency 5-31-21 United Disaster Relief of Northern CA – 6-1-21 Valley Quail & Frey Wineries 5-28-21 Potter Valley Youth & Community Center 5-28-21 Potter Valley Youth Community Center – PRESENT PLAN 12-30-19 Attachment 1 Potter Valley Youth Community Center – WHO WE ARE Attachment 2 Potter Valley Parks 6.1.21 Potter Valley Community School District 5-7-21 06-07-21 RVFD updated Scoring Matrix – Revised 6-7-21 Attachments: 
Approved
4f) Adoption of a 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. Attachments: Resolution
Approved
GRAND JURY
4g) Approval of Appropriation Transfer of Funds in the Amount of $25,000 from Travel, Fund 1100, Line Item 86-2250 to Information Technology Expense, Fund 1100, Line Item 86-2230 to Purchase Laptops for Grand Jury Use Recommended Action: Approve appropriation transfer of funds in the amount of $25,000 from Travel, Fund 1100, Line Item 86-2250 to Information Technology Expense, Fund 1100, Line Item 86-2230 to purchase laptops for Grand Jury use. Attachments: GJ Appropriation
Approved
HEALTH AND HUMAN SERVICES AGENCY
4h) Approval of Retroactive Agreement with Michael Unroe, MFT in the Amount of $6,000 to Provide Mental Health Therapy Services Not Covered by Medi-Cal or Other Insurance For Court-Ordered Clients for Health and Human Services Agency, Family and Children’s Services, Effective July 1, 2020 through June 30, 2021 Recommended Action: Approve retroactive Agreement with Michael Unroe, MFT in the amount of $6,000 to provide mental health therapy services not covered by Medi-Cal or other insurance for court-ordered clients for Health and Human Services Agency, Family and Children’s Services, effective July 1, 2020 through June 30, 2021; authorize Health and Human Services Agency Assistant Director/ Social Services Director or designee to sign any future amendments to the Agreement that do not increase the annual maximum amount; and authorize Chair to sign same. Attachments: Unroe, Dennis Michael, MFT, $6,000, 20-21, SS FCS, Preliminary 
Approved
4i) Ratification of Submission of Grant Application to the California Department of Public Health, Office of Oral Health, to Increase Original Agreement No. 17-10704 in the Amount of $835,130 with Additional One-Time Funding of Up To $25,000, for the Children’s Dental Disease Prevention Program (Equipment Support and Referral Management/Care Coordination Tools) to be Utilized Between September 1, 2021 through June 30, 2022; and Authorization for the Health and Human Services Agency Assistant Director/Public Health Director to sign Amendment to Agreement No. 17-10704, if Awarded, and any Amendments that do not Exceed the Maximum Amount Recommended Action: Ratify submission of grant application to the California Department of Public Health, Office of Oral Health, to increase original Agreement No. 17-10704 in the amount of $835,130 with additional one-time funding of up to $25,000, for the Children’s Dental Disease Prevention Program (Equipment Support and Referral Management/Care Coordination Tools) to be utilized between September 1, 2021 through June 30, 2022; and authorize the Health and Human Services Agency Assistant Director/Public Health Director to sign Amendment to Agreement No. 17-10704, if awarded, and any amendments that do not exceed the maximum amount. CA Dept of Public Health, $835,130 Original Agreement CA Dept. of Public Health, Amendment 1 Oral Health Program application RFA Sealant Equipment Referral Management_Appendices 1_7 Attachments:
Approved
4j) Approval of Amendment to Agreement 20-037, with Crestwood Behavioral Health Inc. in the Amount of $140,000, for a New Agreement Total of $490,000, to Provide Residential Care to Mendocino County Lanterman-Petris-Short Clients, Effective When Agreement Becomes Fully Executed through June 30, 2021 Recommended Action: Approve Amendment to Agreement 20-037 with Crestwood Behavioral Health, Inc. in the amount of $140,000, for new Agreement total of $490,000, to provide residential care to Mendocino County Lanterman-Petris-Short clients, effective when Agreement becomes fully executed through June 30, 2021; authorize the Health and Human Services Agency Assistant Director/Behavioral Health and Recovery Services Director to sign any future amendments that do not increase the annual maximum amount; and authorize Chair to sign same. Crestwood Behavioral Health, Amendment Crestwood Behavioral Health, Inc. Original Agreement Attachments: 
Approved
4k) Approval of Agreement with Ford Street Project in the Amount of $110,600 to Provide Withdrawal Management and Residential Substance Abuse Treatment Services Not Covered by Medi-Cal, and Weekend Drug Testing for Family and Children’s Services Clients, Effective July 1, 2021 through June 30, 2023 Recommended Action: Approve Agreement with Ford Street Project in the amount of $110,600 to provide withdrawal management and residential substance abuse treatment services not covered by Medi-Cal, and weekend drug testing for Family and Children’s Services clients, effective July 1, 2021 through June 30, 2023; authorize the Health and Human Services Agency Assistant Director/ Social Services Director to sign any future amendments that do not exceed the maximum amount; and authorize Chair to sign same. Attachments: Ford Street Project, $110,600
Approved
4l) Approval of Retroactive Memorandum of Agreement with the City of Ukiah in the Amount of $25,000 to Provide Weekly Checks and Safe Storage of Safety Equipment and Apparatus from January 1, 2019 through December 31, 2023 Recommended Action: Approve retroactive Memorandum of Agreement with the City of Ukiah in the amount of $25,000 to provide weekly checks and safe storage of safety equipment and apparatus from January 1, 2019 through December 31, 2023; authorize the Health and Human Services Agency Assistant Director/Public Health Director to sign any future amendments that do not increase the annual maximum amount; and authorize Chair to sign same. Attachments: Agreement
Approved
4m) Approval of Retroactive Agreement with Helen Foraker DBA Helen and Company Advertising, Inc. in the Amount of $9,669.15 to Provide the Mendocino County Oral Health Program with County-Wide Oral Health Education through Advertisements on Mendocino Transit Authority Buses for a Six-Month Period, Effective January 20, 2021 through July 31, 2021 Recommended Action: Approve retroactive Agreement with Helen Foraker DBA Helen and Company Advertising, Inc. in the amount of $9,669.15 to provide the Mendocino County Oral Health Program with county-wide oral health education through advertisements on Mendocino Transit Authority buses for a six-month period, effective January 20, 2021 through July 31, 2021; authorize the Health and Human Services Agency Assistant Director or designee to sign any future amendments to the Agreement that do not increase the annual maximum amount; and authorize Chair to sign same. Attachments: Helen Foraker DBA Helen & Company Advertising, Inc., $9,669.15, 20-21, PH CW – Preliminary
Approved
4n) Adoption of Resolution and Approval of Agreement with Employment Development Department in the Amount of $77,404, to Provide Job Development Services for California Work Opportunity and Responsibility to Kids Job Services Participants for the Period of July 1, 2021 through June 30, 2022 Recommended Action: Adopt Resolution and approve Agreement with Employment Development Department in the amount of $77,404 to provide job development services for California Work Opportunity and Responsibility to Kids Job Services participants for the period of July 1, 2021 through June 30, 2022; authorize the Health and Human Services Agency Assistant Director/Social Services Director or designee to sign any future amendments that do not exceed the annual maximum amount; and authorize Chair to sign same. Agreement – Employment Development Department, $77,404, 21-22, SS EFAS – Preliminary Resolution – Employment Development Department, $77,404, 21-22, SS EFAS, Resolution Attachments:
Approved
4o) Approval of Agreement with University of California, Davis Continuing and Professional Education in the Amount of $79,050 to Provide Professional Trainings to Mendocino County Family & Children’s Services, Effective July 1, 2021 through June 30, 2023 Recommended Action: Approve Agreement with University of California, Davis Continuing and Professional Education in the amount of $79,050 to provide professional trainings to Family & Children’s Services, effective July 1, 2021 through June 30, 2023; authorize the HHSA Assistant Director/Social Services Director to sign any future amendments that do not increase the annual maximum amount; and authorize Chair to sign the same. Attachments: University of California, Davis Continuing and Professional Education, $79,050, 21-23, SS FCS – Preliminary
Approved
4p) Adoption of Proclamation Recognizing June 2021 as Elder and Dependent Adult Abuse Prevention Awareness Month in Mendocino County Recommended Action: Adopt Proclamation recognizing June 2021 as Elder and Dependent Adult Abuse Prevention Awareness Month in Mendocino County; and authorize the Chair to sign same. Attachments: Elder and Dependent Adult Abuse Awareness Month, Proclamation, June 2021, SS AS 
Approved, with public comment from Bekkie Emery. Its important to have early engagement and be consistent as told by Bekkie and a story about a client who was being taken advantage of in the homeless community and it took many attempts to create a relationship with that individual. 
4q) Approval of Agreement with North Coast Opportunities, Inc., in the Amount of $225,608, to Provide Child Care Navigation and Trauma-Informed Care Trainings for the Period of July 1, 2021 through June 30, 2023 Recommended Action: Approve Agreement with North Coast Opportunities, Inc., in the amount of $225,608, to provide child care navigation and trauma-informed care trainings for the Period of July 1, 2021 through June 30, 2023; authorize the Health and Human Services Agency Assistant Director/ Social Services Director to sign any future amendments that do not exceed the annual maximum amount; and authorize Chair to sign same. Attachments: North Coast Opportunities, $225,608, SS FCS, 21-23 – Preliminary
Approved
HUMAN RESOURCES
4r) Adoption of Resolution Authorizing Adoption of New Classification of Payroll Manager, Salary No. 3809; Abolishment of Payroll Officer, Salary No. 3056; Amendment of Position Allocation Table for Budget Units 1110 as follows: Add 1.0 FTE Payroll Manager, Delete 1.0 FTE Payroll Officer; and Reclassification of Incumbent Payroll Officer to Payroll Manager Recommended Action: Adopt Resolution authorizing adoption of new classification of Payroll Manager, Salary No. 3809; abolishment of Payroll Officer, Salary No. 3056; amendment of Position Allocation Table for Budget Units 1110 as follows: add 1.0 FTE Payroll Manager, delete 1.0 FTE Payroll Officer; reclassification of incumbent Payroll Officer to Payroll Manager; and authorize Chair to sign same. 06.08.21 #21-0622 HR Adopt Payroll Manager Amend PAT Reso.docx 06.08.21 #21-0622 HR Adopt Payroll Manager Class Spec 6.2021.pdf Attachments:
Approved
4s) Adoption of Resolution Correcting Resolution No. 21-035 Bargaining Unit Designation of Administrative Assistant in Budget Unit 1610 Recommended Action: Adopt Resolution correcting Resolution No. 21-035 Bargaining Unit designation of Administrative Assistant in Budget Unit 1610; and authorize Chair to sign same. Attachments: 06.8.21 #21-000 HR Correction of Resolution No. 21-035 Reso jc.docx
Approved
PROBATION
4t) Approval of Amendment to BOS Agreement No. 20-054 with Pacific Redwood Medical Group in the Amount of $172,942 for a New Agreement Total of $350,254 to Include Licensed Vocational Nurse (LVN) Services to the Medical Services Provided at Juvenile Hall, Effective Upon Full Execution Through Original Agreement End Date June 30, 2023 Recommended Action: Approve amendment to BOS Agreement No. 20-054 with Pacific Redwood Medical Group in the amount of $172,942 for a new agreement total of $350,254 to include LVN services to the medical services provided at Juvenile Hall, effective upon full execution through original agreement end date of June 30, 2023; authorize the Chief Probation Officer to sign any amendments to the Agreement that do not increase the maximum amount; and authorize Chair to sign same. Attachments: PRMG Amendment 1 FY20-21 to FY22-23 Signed 
Approved
SHERIFF-CORONER
4u) Approval of Retroactive Third Amendment to BOS Agreement 17-131 with NaphCare Inc. in the Amount of $180,452.58 for a New Agreement Total of $1,254,989.56 for the Jail Based Competency Treatment Program to Inmates of the Mendocino County Jail with Funding from the Department of State Hospitals, Effective May 1, 2021 with a New Term End Date of June 30, 2021 Recommended Action: Approve Retroactive Third Amendment to BOS Agreement 17-131 with NaphCare Inc. in the amount of $180,452.58 for a new agreement total of $1,254,989.56 for the for the Jail Based Competency Treatment (JBCT) Program to inmates of the Mendocino County Jail with funding from the Department of State Hospitals, effective May 1, 2021 with a new term end date of June 30, 2021; and authorize Chair to sign same. Attachments: b Naphcare Inc Amend 3 $180,452.58 JBCT dept-vendor sigs.pdf
Approved, will receive a report from Sheriff Kendall, Dr Jenine Miller and Naphcare as to other services that they provide and what could be different in Mendo
AIR QUALITY MANAGEMENT DISTRICT
4v) Adoption of Resolution Authorizing the Air Quality Management District to Participate in the State Carl Moyer Program and Accept State Program Funds in the Amount of $200,000; Authorization to Follow the Requirements of the State Program for Fiscal Year 2020-21 (Funding Year 23); and Authorization for the Air Pollution Control Officer to Sign and Submit the Application to the California Air Resources Board Recommended Action: Adopt Resolution authorizing the Air Quality Management District to participate in the state Carl Moyer Program and accept state program funds in the amount of $200,000; authorize the District to follow the requirements of the state program for fiscal year 2020-21 (Funding Year 23); authorize the Air Pollution Control Officer to sign and submit the application to the California Air Resources Board; and authorize Chair to sign same FY 2020-2021 (MY 23) CMP District Application Agenda 21-01 CMP Application Year-23 2020-2021 Memo Final Year 23 CMP Program Resolution Final Attachments:
Approved 
5. COUNTY EXECUTIVE OFFICE AND DEPARTMENTAL MATTERS
5a) Presentation of the 2020-21 California State Association of Counties Executive Credential Program Graduates (Sponsor: Executive Office) Recommended Action: Accept and approve the presentation of the 2020-21 California State Association of Counties Executive Credential Program Graduates. CSAC Executive Credential Program Graduates Mendocino County-Graduates Attachments:
Approved, Congratulations to the graduates
5b) Discussion and Possible Action Including an Update Associated with the Novel Coronavirus (COVID-19); and Provide Possible Direction Regarding Essential Services in Mendocino County, Operational Preparation and Response, and Associated Countywide Economic Impacts (Sponsor: Executive Office) Recommended Action: Receive update regarding COVID-19 in the County, discuss and/or provide direction regarding essential services in Mendocino County, operational preparation and response, and associated countywide economic impacts. 06-04-21 Gonzo Correspondence 06-05-21 Briseno Correspondence 06-04-21 Fuentes Correspondence 06-08-21 Coren BOS Written Report Attachments:
Approved, we are following State CDPH and Cal OSHA guidelines for reopening on June 15th. Please get tested and vaccinated.
5c) Discussion and Possible Action Regarding the Re-Establishment of the Mendocino County Water Agency as a Stand-Alone Agency with Additional Capacity for Public Health and Safety Issues Related to Drought Response and other Critical Tasks (Sponsor: Supervisor McGourty) Recommended Action: Direct the Executive Office to proceed with re-establishing the Mendocino County Water Agency as a stand-alone agency; identify funding in FY 21-22 to complete a work plan for the Agency, determine staffing resources necessary to address the Water Agency’s critical responsibilities, including health and safety issues related to the drought and other key tasks, pursue interim staffing capacity as necessary for interim enhanced operations, and prioritize completion of a competitive process to identify contract assistance for this effort. Water Agency Report 6.8 BOS Final Water Agency Supplemental Information MCWA Action Plan Final 06-06-21 MCA Correspondence Attachments: 
Recommended Action, direct staff to recruit for Code Enforcement I ASAP. 
The ad hoc to bring back a timeline for review along with a recommendation to State representatives for assistance and potentially a letter to the Governor- Approved 
5d) Discussion and Possible Action Including Presentation Regarding 1. Cost Analysis, Budget Allocation and Funding Needs to Create a Proactive Code Enforcement Division, Including Increased Staffing to Code Enforcement, the Sheriff’s Office, County Counsel, and Cannabis Program, for Cannabis Complaints and Enforcement, Aligned with the Humboldt Model and 2. Reorganize the Code Enforcement Division to Allow for Promotion and Retention of Staff (Sponsor: Planning and Building Services) Recommended Action: Receive the presentation, discuss funding needs and increased budget allocation to create a proactive Code Enforcement Division, including 1. increased staffing to Code Enforcement, the Sheriff’s Office, County Counsel, and Cannabis Program for cannabis enforcement, aligned with the Humboldt Model, and 2. allow for the reorganization of Code Enforcement for promotional opportunities to retain qualified staff. 6.7.21 Revised Spreadsheet 2.Cost Spreadsheet Revised_All_1 06-06-21 MCA Correspondence Attachments:
Approve recommended action, and bring back a timeline that we can share with the public that may look like 6 months to a year or longer. (Stay tuned)
Law Enforcement is very limited but it looks as if we can do more with Code Enforcement more quickly. Need to ask for help from the State for 10 most egregious grows 
5e) Noticed Public Hearing – Discussion and Possible Action to Approve the Mendocino County Proposed Budget for Fiscal Year (FY) 2021-22, Including All Recommended Actions and Adjustments (Sponsors: Executive Office and Auditor-Controller) Recommended Action: Approve the FY 2021-22Mendocino County Proposed Budget as recommended, and direct the Auditor-Controller to prepare the required documents for adoption of the FY 2021-22Final Budget on June 22, 2021. 06-07-21 REVISED Proposed Presentation 2021-22-REVISED 06-07-21 REVISED FY 21-22 Proposed Report-Revised FY 21-22 Proposed Report Affidavit 06-08-21 Legislatures Version of 2021-22 Budget Summary.docx Proposed Presentation 2021-22 Attachment A CalAIM Presentation REVISED Sheriff’s Office BU 2310 BOS PRESENTATION Sheriff’s Office BU 2310 BOS PRESENTATION Cannabis Program PBS Budget Power Point- BOS 6-9-21 DOT BOS Budget Presentation 6-8-21 06-04-21 Horning Correspondence 06-04-21 Levin Correspondence 06-04-21 Lewis Correspondence 06-04-21 McCubbin Correspondence 06-04-21 Moore Correspondence 06-04-21 Muchowski Correspondence 06-04-21 O’Brien Correspondence 06-04-21 Patton Correspondence 06-04-21 Pletcher Correspondence 06-04-21 Russo Correspondence 06-04-21 Sisemore Correspondence 06-04-21 Albert Correspondence 06-04-21 Backup Correspondence 06-04-21 Craighead Correspondence 06-04-21 DeWitt Correspondence 06-04-21 Edison Corrspondence 06-04-21 Ginsberg Correspondence 06-04-21 Gottfried Correspondence 06-04-21 Chaban Correspondence 06-04-21 Hart Correspondence 06-04-21 Kaplan Correspondence 06-04-21 Steele Correspondence 06-04-21 Belt Correspondence 06-04-21 Jones Correspondence 06-04-21 Cole Correspondence Attachments: June 8, 2021 Page 7 Board of Supervisors BOARD OF SUPERVISORS AGENDA 06-04-21 Ostrowski Correspondence 06-04-21 Vau Correspondence 06-04-21 Fox Correspondence 06-04-21 Griffinger Correspondence 06-04-21 Hartley Correspondence 06-04-21 Hereld Correspondence 06-04-21 Hope Correspondence 06-04-21 Horowitz Moreno Correspondence 06-04-21 Lawner Correspondence 06-04-21 Mailliard Correspondence 06-04-21 Petru Correspondence 06-04-21 Robertson Correspondence 06-04-21 Shea Correspondence 06-04-21 St. Martin Correspondence 06-04-21 Whiting Correspondence 06-04-21 Yoxall Correspondence 06-05-21 Baker Correspondence 06-05-21 Barrett Correspondence 06-05-21 Berthold Correspondence 06-05-21 Bjorklund Correspondence 06-05-21 Davis Correspondence 06-05-21 Fielder Correspondence 06-05-21 Garza Correspondence 06-05-21 Gregory-Pruett Correspondence 06-05-21 Janssen Correspondence 06-05-21 Johnson Correspondence 06-05-21 Kremsky Correspondence 06-05-21 Leonard Correspondence 06-05-21 Lieberman Correspondence 06-05-21 Louis Correspondence 06-05-21 McClure Correspondence 06-05-21 McKenzie Correspondence 06-05-21 Mills Correspondence 06-05-21 Minyard Correspondence 06-05-21 Olave Correspondence 06-05-21 Partee Correspondence 06-05-21 Pruett Correspondence 06-05-21 Rawlins Correspondence June 8, 2021 Page 8 Board of Supervisors BOARD OF SUPERVISORS AGENDA 06-05-21 Reinhard Correspondence 06-05-21 Vest Correspondence 06-05-21 Williams Correspondence 06-05-21 Zanetell Correspondence 06-06-21 Bauman Correspondence 06-06-21 Berman Correspondence 06-06-21 Colwell Correspondence 06-06-21 Fisher Correspondence 06-06-21 Greene Correspondence 06-06-21 Hart Correspondence 06-06-21 Izquierdo Correspondence 06-06-21 Jungwirth Correspondence 06-06-21 Longstreth Correspondence 06-06-21 Miller Correspondence 06-06-21 Panzer Correpsondence 06-06-21 Randrup Correspondence 06-06-21 Rigby Correspondence 06-06-21 Simmons Correspondence 06-06-21 Simpson Correspondence 06-06-21 Soost Correspondence 06-06-21 Wilson Correspondence 06-07-21 Farkas Correspondence 06-07-21 Costa Correspondence 06-04-21 Adams Correspondence 06-04-21 Boosinger Correspondence 06-04-21 Callahan Correspondence 06-04-21 Colter Correspondence 06-04-21 Demuth Correspondence 06-04-21 Dutro Correspondence 06-07-21 Dye Correspondence 06-07-21 Fraser Correspondence 06-07-21 Grassroots Institute Correspondence 06-07-21 Hirsch Correspondence 06-07-21 Hock Correspondence 06-07-21 Holland Correspondence 06-07-21 Knowles Correspondence 06-07-21 Mendocino County Fire Safe Correspondence 06-07-21 Poncia Correspondence 06-07-21 Rasper Correspondence 06-07-21 Sakowicz Correspondence 06-07-21 Schoonover Correspondence 06-08-21 Clark Correspondence 06-08-21 Rutledge Correspondence 05-07-21 Rosengarten Correspondence 06-07-21 Barnes Correspondence 06-07-21 Cherry Creek Ranches Correspondence 06-07-21 Comptche Volunteer Fire Department Correspondence 06-07-21 DeMarchi Correspondence 06-07-21 Douglas Correpondence 06-07-21 Martin Correspondence
Receive presentation. Fire Safe Council discussion: all BOS members support fully funding them and understand that it may PG&E funds or another source but the budget WILL NOT be reduced to $25,000
5f) Chief Executive Officer’s Report (Sponsor: Executive Office) Recommended Action: Accept the Chief Executive Officer’s report.
Last Agenda
5g) 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.
Last Agenda
6. BOARD OF SUPERVISORS AND MISCELLANEOUS
6a) Supervisors’ Reports Regarding Board Special Assignments, Standing and Ad Hoc Committee Meetings, and Other Items of General Interest
7. BOARD OF DIRECTORS MATTERS 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.
8. 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. 9. CLOSED SESSION Any public reports of action taken in the closed session will be made in accordance with Government Code sections 54957.1. 
9a) Pursuant to Government Code 54957 – Threat to Public Services or Facilities – Consultation with Carmel J. Angelo, Heather Correll, Lindsey Daugherty, Darcie Antle, and Janelle Rau
9b) Pursuant to Government Code Section 54957.6 – Conference with Labor Negotiator – Agency Negotiators: Carmel J. Angelo, Jenine Miller, Cherie Johnson and William Schurtz; Employee Organization(s): All
9c) Pursuant to Government Code Section 54956.9(d)(2) – Conference with Legal Counsel – Anticipated Litigation: Significant Exposure to Litigation: One Case
9d) Pursuant to Government Code Section 54956.9(d)(2) – Conference with Legal Counsel – Anticipated Litigation: Significant Exposure to Litigation: One Case
9e) Pursuant to Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: One Case – Amanda Carley v. County of Mendocino, et al. – Case No. A154713 9f) Pursuant to Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Initiation of Litigation: One Case
9g) Pursuant to Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Initiation of Litigation: One Case
10. COMMUNICATIONS RECEIVED AND FILED Communications received and filed are retained by the Clerk throughout the Board proceedings. To review items described in this section, please contact the Executive Office staff in Room 1010.
10a) Federal Energy Regulatory Commission – Notice of Application Accepted for Filing and Soliciting Comments, Motions to Intervene, and Protests. For more information, please call (866) 208-3676.
10b) Federal Energy Regulatory Commission – Division of Hydropower Administration and Compliance – Order Modifying and Approving Temporary Variance of Flow Requirements Under License Article 52. For more information, please contact San Francisco Regional Office at (415) 369-3300.
10c) Fiona Ma, Treasurer, State of California – ScholarShare 529, College Savings Plan – for more information please email scholarshare@treasurer.ca.gov or call (916) 651-6380
10d) California Fish and Game Commission – Notice of Final Consideration of Petitions – for more information call (916) 653-4899 or email fgc@fgc.ca.gov
10e) Federal Energy Regulatory Commission – Office of Energy Projects – Scoping Document 4 for the Potter Vallley Project. For more information, please contact San Francisco Regional Office at (415) 369-3300.
10f) State of California Natural Resources Agency – Department of Water Resources – Water Conditions in California, Report 4, May 1, 2021 – For more information call (916) 653-6192 June 8, 2021 Page 11 Board of Supervisors BOARD OF SUPERVISORS AGENDA
10g) Federal Energy Regulatory Commission – Office of Energy Projects – Errata of Subdocket Number. For more information, please contact Quinn Emmering at (202) 502-6382. 10h) Federal Energy Regulatory Commission – Office of Energy Projects – Division of Dam Safety and Inspections. 2019 Annual Emergency Action Plan Status Reports. For more information, please contact San Francisco Regional Office at (415) 369-3300.
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