Carre Brown 1st District Supervisor |
John McCowen 2nd District Supervisor Vice-Chair |
John Pinches 3rd District Supervisor |
4th District Supervisor Chair |
DAN 5th District Supervisor |
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Chief Executive Officer/ Clerk of the Board |
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Jeanine b. nadel |
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(707) 463-4441 Fax (707) 463-5649 cob@co.mendocino.ca.us |
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Mendocino
Agenda Regular
Meeting December
6, 2011 – 9:00 AM Board
Chambers, Room 1070, |
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Following the posting
of the Agenda, all agenda item supporting documentation, including any
material submitted to the Clerk after distribution of the Agenda packet, is
available for public review through the Executive Office, Persons wishing to file
documentation on any agenda item for the official record must submit ten (10)
copies of each document to the Executive Office. Members of the public
are advised that all cell phones or electronic devices are to be turned off
upon entering the Board Chambers. |
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TIMED ITEMS
Timed
Items
Please note that all
times provided are considered approximate.
10:00 a.m.: Discussion and Possible Action Regarding Receipt of Sealed and/or
Oral Bids Pertaining to the
10:10 a.m.: Broadband
10:30 a.m.: Presentation of Employee Service Awards for 15-35 Years of Service
- Followed by a Reception with the Board (See Item No. 7a)
1:30 p.m.: Noticed Public Hearing - Appeal of the Planning Commission's
Decision on May 19, 2011, Denying Coastal Development Re-Subdivision No. CDRes
1-2006, Denying a Request for an Exception to Section 17-48.5(A)(1)(e)(i) of
the Mendocino
3:00 p.m.: Noticed Public Hearing - Implementation of AB 1265 to Establish
Shorter Williamson Act Contracts, Effective in Calendar Year 2012 (See Item No. 7e)
OPEN SESSION
1. Open Session
(a)
Roll Call
(b)
Pledge of Allegiance
MODIFICATIONS TO AGENDA
2. 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.
PUBLIC EXPRESSION
3. 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, but may ask questions to clarify
the speaker's comment. The Board limits testimony on matters not on the agenda
to 3 minutes per person and not more than 10 minutes for a particular subject
at the discretion of the Chair of the Board.
Individuals wishing to
address the Board under Public Expression are welcome to do so throughout the
meeting. To best facilitate these items, please review and complete the public
comment/speaker form available at the back of the Boardroom and present to the
Clerk. If you wish to submit written comments, please provide 10 copies to the Executive
Office staff, located in the
APPROVAL OF MINUTES
4. Approval of Minutes
(a)
November 8, 2011, Board Meeting
Recommended Action/Motion: That the Board of Supervisors approve
the minutes of November 8, 2011.
(b)
November 15, 2011, Board
Meeting
Recommended Action/Motion: That the Board of Supervisors approve
the minutes of November 15, 2011.
CONSENT CALENDAR
5. 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
COUNTY EXECUTIVE OFFICE
6.
(a)
Chief
Executive Officer's Report
Recommended Action/Motion: That the Board of Supervisors accept the
report of the Chief Executive Officer.
(b)
Discussion
and Possible Action Including Review, Adoption, Amendment, Consideration or
Ratification of Legislation Pursuant to the Adopted Legislative Platform
Recommended Action/Motion: That the Board of Supervisors takes
action and/or provides direction to staff regarding matters of legislation.
DEPARTMENTAL MATTERS AND REPORTS
7. Departmental Matters and Reports
Recommended Action/Motion: Present Employee Service Awards to
eligible recipients for 15-35 years of service to Mendocino County, followed by
a reception in their honor in Conference Room A.
(b)
Discussion and Possible Action
Regarding Receipt of Sealed and/or Oral Bids Pertaining to the Sale of Real
Property, Generally Described as APNs: 048-230-10-00, 095-100-14-00, 118-500-45-00,
156-040-04-00, and
167-320-18-00 (Sponsor: General Services Agency)
Recommended Action/Motion: The Board of Supervisors hereby receives
sealed and/or oral bids for the sale of real property, generally described as
APNs: 048-230-10-00, 095-100-14-00, 118-500-45-00, 156-040-04-00, and
167-320-18-00, and directs staff to return on December 13, 2011, with further
information and options for Board consideration.
(c)
Discussion and Possible Award
of Contract Pertaining to Bids Received for the Health and Human Services
Agency's Construction and Remodel of the Avila Center, 790 S. Franklin Street,
Fort Bragg, CA; Authorization of
the General Services Agency Director to Execute the Contract Upon Receipt of
the Bidder's Required Bonds and Certificates of Insurance; Authorization of the
Facilities and Fleet Division Manager to Act as Project Manager; and
Authorization of the Chief Executive Officer to Approve Change Orders for the
Project, Pursuant to the Public Contract Code Section 20142 (Sponsor: General
Services Agency)
Recommended Action/Motion: Upon receiving bid results, award
contract to the lowest responsive bidder for the Health and Human Services
Agency's construction and remodel of the Avila Center; authorize the General
Services Agency Director to execute the contract upon receipt of the bidder's
required bonds and certificates of insurance; authorize the Facilities and
Fleet Division Manager to act as Project Manager; and authorize the Chief
Executive Officer to approve change orders for the project, pursuant to the
Public Contract Code Section 20142.
(d)
Discussion and Possible Action
on Appeal of the Planning Commission's Decision to Deny Coastal Development Re-Subdivision
# CDRes 1-2006, Deny a Request for an Exception to Roadway Access Width and Roadway Easement Width
Required Under Section 17-48.5(A)(1)(e)(i) of the Mendocino County Code
(Division of Land Regulations), and Deny Coastal Development Use Permit
Modification # CDUM 118-75/2008; Owner/Applicant: William and Tona Moores;
Location: Manchester Area (Sponsor: Planning and Building Services)
Recommended Action/Motion: The Board of Supervisors upholds the
Planning Commission's decision and denies Coastal Development Re-Subdivision
#CDRes 1-2006, denies the exception request to Section 17-48.5(a)(1)(e)(i) of
the Mendocino County Code (Division of Land Regulations), and denies Coastal
Development Use Permit Modification #CDUM 118-75/08 making the following
findings:
Environmental Findings: The proposed development will have a
significant adverse impact on the environment within the meaning of the
a)
The project as presented represents a substantial alteration of the present or
planned land use of the area.
b)
The project as presented will cause an increase in traffic hazards to motor
vehicles, bicyclists or pedestrians.
General Plan Consistency Finding: As
discussed in pertinent sections of the staff report, the proposed project is
inconsistent with applicable goals and policies of the General Plan and Coastal
Element as follows:
a)
The proposed development will not be provided with adequate access roads.
b)
The proposed development is not consistent with the purpose and intent of the
zoning district applicable to the property, as well as the provisions of the
Coastal Zoning Code and does not preserve the integrity of the zoning district.
Recommended Action/Motion: Approve implementation of AB 1265,
direct staff to notify all affected landowners of the final decision and the
right to prevent the reduction in term by serving the notice of
non-renewal. Send copies to
(f)
Director's Report - Department
of Transportation
Recommended Action/Motion: That the Board of Supervisors accept the
report of the Transportation Director.
(g)
Director's Report - Planning
and Building Services
Recommended Action/Motion: That the Board of Supervisors accept the
report of the Planning and Building Services Director.
BOARD OF SUPERVISORS
8. Board of Supervisors
(a)
Supervisors'
Reports
Recommended Action/Motion: Approve sending the comment letter to
the Final EIR for the Wal-Mart expansion project.
MISCELLANEOUS
9. Miscellaneous
Recommended Action/Motion: Receive the status report from the BAMC
BOARD OF DIRECTORS MATTERS
10. 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
Library District; Mendocino County Public Facilities Corporation; Mendocino
County Water Agency; and the Redevelopment Agency of the County of Mendocino.
APPOINTMENTS TO BOARDS AND COMMISSIONS
11. Appointments to Boards and Commissions
The Board of Supervisors
is actively seeking qualified candidates to fill various vacancies. Please
consult with the Executive Office for information on specific categorical areas
and District vacancies, or visit our website at: www.co.mendocino.ca.us/bos
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BOARD/ COMMISSION |
POSITION CATEGORY |
SEATS OPEN |
||||||||
(a) |
Air
Quality Management District Hearing Board |
Various |
4 |
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(b) |
Alcohol
and Drug Abuse Advisory Board |
Member |
1 |
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(c) |
Archaeological
Commission of |
Various |
2 |
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(d) |
Building
Appeals Board |
Various |
7 |
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(e) |
Cemetery
District of Fish Rock |
Directors |
1 |
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(f) |
Cemetery
District of Hopland |
Director |
1 |
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(g) |
Cemetery
District of Westport-Ten Mile |
Director |
1 |
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(h) |
Child
Care Planning Council (CCPC) |
Discretionary Representative |
1 |
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(i) |
Commission
on the Status of Women |
Under Review |
12 |
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(j) |
Grievance
Appeals Committee |
Various |
3 |
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(k) |
Gualala
Municipal Advisory Council (GMAC) |
Alternate |
1 |
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(l) |
Health
and Human Services Agency Advisory Board (HHSA) |
Education and Community |
6 |
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(m) |
Indian
Gaming Local Community Benefit Committee |
Under Review |
3 |
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(n) |
In-Home
Supportive Services (IHSS) Advisory Committee |
Various |
3 |
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(o) |
Laytonville
Area Municipal Advisory Council |
Members and Alternate |
4 |
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(q) |
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Native American and Alternates |
1 |
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(p) |
Library
Advisory Board |
Alternates |
8 |
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(r) |
Mendocino
County Business Improvement District Advisory Board |
Coastal
and Inland |
3 |
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(s) |
|
Public Members |
4 |
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(t) |
|
3rd District |
1 |
||||||||
(u) |
Mendocino
Historical Review Board |
Member |
2 |
||||||||
(v) |
Mental
Health Board (MHB) |
Various |
5 |
||||||||
(w) |
Policy
Council on Children and Youth (PCCY) |
Various |
17 |
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(x) |
Retirement
Board |
4th (Effective 1/1/12) and 9th Members |
2 |
||||||||
(y) |
Workforce
Investment Board |
Various |
10 |
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CLOSED SESSION
12. Closed Session
Notice to
the public regarding closed session: As
provided in the Ralph M. Brown Act, Government Code sections 54950 et seq., the
Board of Supervisors may meet in closed session with members of its staff,
County employees, and its attorneys.
These sessions are not open to the public and may not be attended by
members of the public. The matters the
Board will meet on in closed session are identified below or are those matters
appropriately identified in open session as requiring immediate attention and
arising after the posting of the agenda.
Any public reports of action taken in the closed session will be made in
accordance with Government Code sections 54957.1.
(a)
Pursuant
to Government Code Section 54957.6 - Sitting as the IHSS Public Authority
Governing Board - Conference with Labor Negotiator - Agency Negotiators:
(b)
Pursuant
to Government Code Section 54957.6 - Conference with Labor Negotiator - Agency
Negotiators:
(c)
Pursuant
to Government Code Section 54956.9b(3)(A) - Conference with Legal Counsel -
Anticipated Litigation: Significant Exposure to Litigation - One Case
(d)
Pursuant
to Government Code Section 54956.9(c) - Conference with Legal Counsel -
Initiation of Litigation: One Case
(e)
Pursuant
to Government Code Section 54957 - Public Employee Performance Evaluation -
Health and Human Services Agency Director (Continued from November 8, 2011)
(f)
Pursuant
to Government Code Section 54957 - Public Employee Appointment - Agriculture
Commissioner (Continued from November 15, 2011)
WORKSHOP/BUDGET/PLANNING MATTERS
13. Workshop/budget/planning matters
COMMUNICATIONS RECEIVED AND FILED
14. 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.
(a)
Notice that the Air Resources Control
Board (ARB) filed with the Office of Administrative Law (OAL) final rule-making
materials for the following regulations: the In-Use On-Road Diesel Vehicle
Regulation (Truck and Bus Regulation), the
Greenhouse Gas Emission Reduction Regulation (Tractor-Trailer GHG Regulation),
the Off-Road Large Spark Ignition Engine Fleet Requirements (LSI Fleet
Regulation) and the Regulation for In-Use Off-Road Diesel Fueled Fleets
(Off-Road Regulation); OAL has until December to approve the regulations and
file them with the Secretary of State; the rulemaking documents are available
for the truck regulations at:
www.arb.ca.gov/regact/2010/truckbus1-/truckbus10.htm, and for the off-road
regulations at: www.arb.ca.gov/regact/2010/offroadlsi/offroadlsi10.htm
(b)
State of
(c)
State of California Fish and Game
Commission notice of findings regarding American pika, announcing the
aforementioned species is hereby declared a candidate to be listed as a
threatened species; written comments or data related to the petitioned action
should be directed to the Commission at 1416 Ninth Street, Box 944209,
Sacramento, CA 94244-2090; for additional information, contact Sonke Mastrup,
Executive Director, Fish and Game Commission at (916) 653-4899
(d)
State Water Resources Control Board
re-notice of application no. 31888, to appropriate water by permit (Applicant:
Dooley Creek Ranch, LLC)
(e)
Protest of Non-Renewal of Agricultural
Preserve - Owners: Brad and Kristen Ingram
(f)
Protest of Non-Renewal of Agricultural
Preserve - Owner: Rose Marie Knighten Siemer
(g)
Protest of Non-Renewal of Agricultural
Preserve - Owners: Peter and Helen Miller
(h)
Protest of Non-Renewal of Agricultural
Preserve - Owner: Andrew Scott Faust
(i)
Protest of Non-Renewal of Agricultural
Preserve - Owner: Marianne Campbell
(j)
Protest of Non-Renewal of Agricultural
Preserve - Owners: Robert and Nancy Pool
(k)
Protest of Non-Renewal of Agricultural
Preserve - Owner: Christopher Hrabak
(l)
Protest of Non-Renewal of Agricultural
Preserve - Owner:
(m)
Protest of Non-Renewal of Agricultural
Preserve - Owners: Robert and Betty Harvey
(n)
Protest of Non-Renewal of Agricultural
Preserve - Owners: Stuart Bewley and Donna Motluk
(o)
Protest of Non-Renewal of Agricultural
Preserve - Owners: Virginia Matzek and Cedric Puleston
(p)
Protest of Non-Renewal of Agricultural
Preserve - Owner: Justin Dorio
(q)
Protest of Non-Renewal of Agricultural
Preserve - Owner: Elouise Swope
(r)
Protest of Non-Renewal of Agricultural
Preserve - Owner: Stan Witherspoon
(s)
Protest of Non-Renewal of Agricultural
Preserve - Owner: Yosepha Rose Zarchin
(t)
Protest of Non-Renewal of Agricultural
Preserve - Owners: Mary Anne Larsen and
(u)
Protest of Non-Renewal of Agricultural
Preserve - Owners: Cypress Abbey Company
(v)
Protest of Non-Renewal of Agricultural
Preserve - Owners: Lynn, Joyce, and Wesley Week
(w)
Protest of Non-Renewal of Agricultural
Preserve - Owners: Roger and Michele Burch, and Niels Dietzgen Bauer
(x)
Protest of Non-Renewal of Agricultural
Preserve - Owner: Alfred S. Ridout
(y)
Protest of Non-Renewal of Agricultural
Preserve - Owners: Paul and Christina Lynn Leinwetter
(z)
Protest of Non-Renewal of Agricultural
Preserve - Owners: Anthony and Melodie Sorace
(aa)
Protest of Non-Renewal of Agricultural
Preserve - Owners: Douglas and Robin McHugh, Jared Boyd, Peter and Sarah Lowe,
and Dwight Wolfinger
CONSENT CALENDAR ITEM DETAIL
5. 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 Denial:
CLAIMS AGAINST THE
COUNTY
(a)
Claim
of Melody D. Smith
Items Recommended for Approval:
ASSESSOR/CLERK-RECORDER
(b)
Approval to
Conduct a Special All-Mail Election for the City of Fort Bragg on Tuesday,
March 6, 2012
Recommended Action/Motion: Aprove the
(c)
Certification
of the November 8, 2011, Consolidated District Election
Recommended Action/Motion: That the election certification be
approved and entered into the Board minutes.
BOARD OF
SUPERVISORS
(d)
Approval of
Letter of Support for H.R. 1892 (Intelligence Authorization Act for Fiscal Year
2012) Provision Authored by Congressman Mike Thompson Calling for Intelligence
Community Assistance to Counter Drug Trafficking Organizations Using Public Lands (Sponsors: Supervisors Brown and
Smith)
Recommended Action/Motion: That the Board approve a letter of
Support for H.R. 1892 (Intelligence Authorization Act for Fiscal Year 2012)
provision authored by Congressman Mike Thompson calling for intelligence
community assistance to counter drug trafficking organizations using public
lands, authorizing the Chair to sign same.
Recommended Action/Motion: Adopt an Ordinance adding Chapter 5.150
to Title 5 of the
EXECUTIVE OFFICE
Recommended Action/Motion: That the Board approves the waiver of
Board Policy regarding the registered voter requirement for the appointments of
Mr. Ron Haugen (for member seat #18) and Mr. Scott Taylor (for member seat #
33) to the Workforce Investment Board (WIB) as Mandatory Representatives to the
Workforce Investment Board, directing the Clerk to execute same.
Recommended Action/Motion: That the Board ratify the public comment
letter regarding emergency regulations to implement State Responsibility Area
(SRA) fees pursuant to ABX1 29, as executed by the Vice- Chair.
HEALTH AND HUMAN
SERVICES AGENCY
Recommended Action/Motion: Approve and authorize the Board Chair to
sign agreement with Victor Treatment Centers, Inc. in the amount of $300,000 to
provide mental health treatment to children of Mendocino County in fiscal-year
2011/2012; and authorize the Health and Human Service Agency Director to sign
any future amendments to the agreement that do not affect the annual maximum
amount.
Recommended Action/Motion: Approve and authorize the Board Chair to
sign amendment to increase the agreement
amount by $15,675 to add the provision of drug and alcohol services in fiscal
year 2011-2012; and authorize the Health and Human Services Agency Director to
sign any future amendments to the agreement that do not affect the annual
maximum allowable amount.
LIBRARY
Recommended Action/Motion: Approve the memorandum of understanding
between the
MENDOCINO
(k)
Board of
Supervisors, Pursuant to Government Code Section 31523, Order that No Election
be Held for the 10th Seat of the Board of Retirement and that the County Clerk
Cast a Unanimous Ballot in Favor of Mr. Richard
Shoemaker, Retiree Member (Alternate), as a Member of the Board of Retirement
Recommended Action/Motion: Board of Supervisors, pursuant to
Government Code Section 31523, order that no election be held for the 10th seat
of the Board of Retirement and that the County Clerk Cast a unanimous ballot in
favor of Mr. Richard Shoemaker, Retiree Member (Alternate), as a member of the
Board of Retirement effective December 6, 2011.
PLANNING AND
BUILDING SERVICES
Recommended Action/Motion: No action is necessary, as this is
presented as an informational item.
Recommended Action/Motion: No action is necessary, as this is
presented as an informational item.
SHERIFF-CORONER
(n)
Approval of the
Purchase and Installation of Three (3) Complete Tsunami Warning Sirens Systems
Along the Mendocino County Coast for a Total Project Cost of $65,000; Approval of
Adding the Three (3) Tsunami Warning Sirens Systems to the County Approved List
of Fixed Assets
Recommended Action/Motion: Approval of the purchase and installation
of Three (3) complete Tsunami Warning Sirens Systems along the
TRANSPORTATION
(o)
Adoption of
Resolution Approving Department of Transportation Agreement No. 110087,
Professional Services Agreement with SWT, Inc., for Preparation of Construction
Plans, Specifications and Estimates for the Final Closure of South Coast
Landfill (Gualala - Point Arena Area)
Recommended Action/Motion: By Resolution, approve DOT Agreement No.
110087, authorize Board Chair to execute the Agreement, and authorize the
Director of Transportation or his designated representative to sign any and all
amendments to the agreement that will not result in an increased cost beyond
the contingency amount specified.
(p)
Adoption of
Resolution Supporting the County's Application for Public Lands Highway (PLH)
Discretionary Program Funding, and Authorization for the Director of
Transportation, or His Designee, to Process Said Application
(Potter Valley Area)
Recommended Action/Motion: By Resolution, document support for
County's application for PLH funding, and authorize the Department of
Transportation to process said application.
(q)
Adoption of
Resolution Supporting the County's Applications for Transportation, Community,
and System Preservation (TCSP) Program Funding, and Authorization for the
Director of Transportation, or His Designee, to Process Said Applications (Ukiah Area)
Recommended Action/Motion: By Resolution, document support for
County's applications for TCSP funding, and authorize the Department of
Transportation to process said applications.
Recommended Action/Motion: By Minute Order, authorize the Board
Chair to sign the Notice of Completion and direct the Clerk of the Board to
file the Notice of Completion for DOT Contract No. 100036 with the County
Recorder.
Additional Meeting Information
Additional Meeting
Information for Interested Parties
·
The Board of Supervisors
complies with ADA requirements and upon request, will attempt to reasonably
accommodate individuals with disabilities by making meeting material available
in appropriate alternative formats (pursuant to Government Code Section
54953.2). Anyone requiring reasonable accommodation to participate in the
meeting should contact the Executive Office by calling (707) 463-4441 at least
five days prior to the meeting
·
If you wish to address
the Board on any matter on the agenda, please review and complete the public
comment/speaker form available at the back of the Board Chambers. If you wish
to submit documentation, please provide 10 copies to Executive Office staff,
located in the
·
A copy of the Agenda
Packet is available for public review in the Executive Office, Room 1010.
Proposed actions and supporting documents are considered draft until acted upon
by the Board
·
Additional information
on specific agenda items may be obtained by contacting the sponsoring
departments. Contact information for County departments may be obtained at www.co.mendocino.ca.us/departments.htm
·
Board proceedings are
broadcast on the local Public Access Channel to accommodate greater public
access; tune in at the corresponding Open Session time as posted on the front
page of the Agenda
·
LIVE WEB STREAMING OF
BOARD MEETINGS: www.mendocinoaccess.org. For technical assistance, please contact
Mendocino Access Television at (707) 357-0624
·
Please reference the
departmental website to obtain additional resource information for the Board of
Supervisors: www.co.mendocino.ca.us/bos
Thank you for your
interest in the proceedings of the Mendocino