County of Marin
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MARIN COUNTY BOARD OF SUPERVISORS

MARIN COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS

MARIN COUNTY TRANSIT DISTRICT BOARD OF DIRECTORS

 

AGENDA

 

Tuesday, June 28, 2005

 

 

9:30 a.m.    Convene as the Marin County Housing Authority Board of Commissioners

1a.               Open time for public expression, limited to three minutes per speaker, on items not on the Housing Authority agenda.

 

1b.                Request to approve Energy Efficiency-Based Utility Allowance Schedule for new construction and substantial rehabilitation projects that improve energy efficiency over the state minimum standards.

                     Recommended action:  Approve.

 

1c.                Request to approve revised position classifications and equity adjustments for management, confidential and represented employees as detailed in staff report dated June 28, 2005.

                     Recommended action:  Approve.

 

                     Adjourn as the Marin County Housing Authority Board of Commissioners

 

                     Convene as Board of Supervisors

2.                  Presentation of Employee of the Month Award, June 2005, to Gerry Norton of the Human Resources Department.

 

3.                  Approval of minutes of the meetings of June 7 and 14, 2005.

 

4.                  Board of Supervisors' matters.

 

5.                  Administrator's report.

 

6.                  Open time for public expression, limited to three minutes per speaker, on items not on the Board of Supervisors' agenda.

 

7.                  Consent Calendar A (Items CA-1 through CA-9)

                     ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board and do not exceed $500,000 in cost.)

 

8.                  Confirm appointment of Matthew H. Hymel to the position of County Administrator/Clerk of the Board and set salary effective June 30, 2005.

                     Recommended actions:  Approve.

 

9.                  Request from the County Administrator to adopt the Proposed FY 2005-06 County Budget.

                     Recommended actions:  (a)  Accept the proposed FY 2005-06 Marin County Budget; (b) schedule public hearings beginning Monday, July 25, 2005; and (c) adopt the proposed FY 2005-06 Marin County Budget as the interim spending plan for FY 2005-06 pending formal adoption in July.

 

10.                Request from the Auditor-Controller to accept the Proposed FY 2005-06 Marin County Special Districts Annual Budgets.

                     Recommended actions:  (a) Accept the proposed FY 2005-06 Marin County Special Districts Annual Budgets; (b) schedule public hearings beginning Monday, July 25, 2005; and (c) adopt the proposed FY 2005-06 Marin County Special Districts Annual Budgets as the interim spending plan for FY 2005-06 pending formal adoption in July.

 

11.                Request from the County Administrator, on behalf of Supervisor Murray, to support two (2) bills regarding the dispensing of prescription drugs and devices by pharmacists  one (1) Federal: S.809 (Lautenberg), and one (1) State: SB 644 (Ortiz).

                     Recommended actions:  Authorize President to issue letters conveying the Boards support.

 

12.               Request from the County Administrator, on behalf of Supervisor Adams, to issue letters indicating the Boards appreciation of State Senator Carole Migden and federal representatives as appropriate for their assistance with regard to the restoration of FM radio service by Comcast for Marin residents.

                     Recommended actions:  Approve.

 

13.               Report from the County Administrator on the development of a Marin County Community Report.

                    Recommended actions:  Accept report and direct staff to begin Marin County Community Report development.

 

14.                Request from the County Administrator to adopt the FY 2005-06 Insurance Renewal Portfolio.

                     Recommended actions:  Approve the County insurance program for FY 2005-06.

 

15.                Request from the Assessor-Recorder to apply for and authorize the President to execute FY 2004-05 State-County Property Tax Administration Grant Program agreement with the State Department of Finance, in the amount of $790,490, for enhancement of the Assessor-Recorder property tax administration.

                     Recommended action:  Approve.

 

16.                Request from the Sheriff to authorize President to execute agreement with the Marin Municipal Water District (MMWD) to provide law enforcement services.

                     Recommended actions:  (a) Authorize President to execute agreement; (b) add 2.0 FTE Deputy Sheriff positions (Budget Center 322, Class #0719); and (c) approve budget adjustments as detailed in staff report dated June 14, 2005. (4/5 vote)

 

17.                First ReadingOrdinance amending the title of Chapter 6.90 of the Marin County Code to reflect the year-round nature of the current beach camping restrictions.

                     Recommended actions:  Request clerk to read ordinance by title only and schedule hearing for July 19, 2005, at 10:30 a.m.

 

18.                First ReadingOrdinance amending Marin County Code, Chapter 2.99 regarding the Countys emergency organization and functions, membership and designation of the County Disaster Council as the registered Citizen Corps for Marin County (DC3).

                     Recommended actions:  Request clerk to read ordinance by title only and schedule hearing for July 19, 2005, at 10:30 a.m.

 

10:30 a.m.

19.               Hearing:  Ordinance amending Chapter 7.24 of the Marin County Code pertaining to the Community Development Agency, Environmental Health Services Division fee schedule.

                    Recommended actions:  Conduct public hearing scheduled for 10:30 a.m. and consider adopting ordinance.

 

20.               Hearing:  Ordinance amending land use fees for the Community Development Agency, Planning Division.

                    Recommended actions:  Conduct public hearing scheduled for 10:30 a.m. and consider adopting ordinance.

 

21.                Appointments:

                     a.      Planning Commission

                              Five term expirations as follows:  Two At-Large seats; one seat representing District 2; one seat representing District 3; and one seat representing District 4.  Board members nominated three At-Large applicants for interviews at the June 14, 2005, Board of Supervisors' meeting and applications were received for the District seats as follows:

 

Designation

Applicants

Two (2) At-Large seats

Allan Berland (incumbent), Mark Ginalski,

Steve Thompson (incumbent)

District 2 seat

Scott Couture, Jo Julin (incumbent), Frank Godino

District 3 seat

Randy Greenberg (incumbent), Susan Kern

District 4 seat

Michael Hartnett, Wade Holland (incumbent)

                              Recommended actions:  (1) Conduct interviews scheduled for 10:30 a.m. for At-Large seats and make two (2) appointments; and (2) make appointments for District 2, District 3 and District 4 seats.

 

                     b.      Commission on Aging

                              Two term expirations and one vacancy as follows:  one vacancy representing District 1 due to the resignation of Milly McEnhill; one term expiration representing District 4 (Christopher Harrington, incumbent); and one term expiration representing District 5 (Melissa Pankowski, incumbent). An application has been received from incumbent Christopher Harrington, District 4 representative.

                              Recommended actions:  Make one (1) appointment and continue remaining appointments to July 19, 2005.

 

                     c.      Aviation Commission

                             Two term expirations as follows:  one representing District 3 (John Hofmann, Jr., incumbent) and one representing District 4 (Stanley Loar, incumbent).  An application has been received from Brian Dalrymple for the District 3 seat and the incumbent, Stanley Loar, has reapplied for the District 4 seat.

                              Recommended actions:  Make two (2) appointments.

 

                     d.      Child Care Commission

                              One Consumer vacancy due to the resignation of Julia Bertram Nations, to be appointed by the Marin County Superintendent of Schools and ratified by the Board of Supervisors.

                              Recommended action:  Schedule appointment for July 19, 2005.

 

                     e.      County Service Area ("CSA") #16 - Greenbrae

                              Three vacancies as follows:  one vacancy due to the resignation of Mark Litwin and two term expirations (Ted Canon and Greg Shaughnessy, incumbents).  The incumbents have reapplied.

                              Recommended actions:  Make two (2) appointments and continue remaining appointment to July 19, 2005.

 

                     f.       Human Rights Commission

                             Four term expirations as follows:  one representing District 1 (George Pegelow, incumbent), one representing District 2 (Andrew Marshall, incumbent), one representing District 3 (Kerry Peirson, incumbent) and one representing District 4 (Adriana Ames, incumbent).

                              Recommended action:  Schedule appointments for July 26, 2005.

 

                     g.      Library Commission

                             Four term expirations as follows:  One representing District 1 (Harriet Michael, incumbent), one representing District 3 (Shelby Gross, incumbent), one representing District 4 (Richard Jensen, incumbent), and one representing District 5 (Reggie Winner, incumbent).  All four incumbents have reapplied.

                              Recommended actions:  Make four (4) appointments.

 

                     h.      Wildlife and Fisheries Committee

                             Five term expirations as follows:  One representing Conservation (Loretta Farley, incumbent), two representing Sport Fishers (Brooke Halsey, Jr. and Alex Nichelini, incumbents), and two representing Sport Hunters (Gilbert Murphy and Ed Schulze, incumbents).  All five incumbents have reapplied.

                              Recommended actions:  Make five (5) appointments.

 

         i.       Workforce Investment Board

                             Twenty-nine term expirations as follows: 15 Business representatives, 4 Community-Based Organization representatives, 2 Economic Development Agencies; 3 Local Education representatives, 2 Labor Organization representatives, and 3 One-Stop members.  The following incumbents are reapplying:

 

Designation

Applicants for reappointment

Business representatives (15)

Laura Armor, Joan Capurro, Caran Cuneo, Lori Fromm, Aisha Guter, James Jordan, David Kirn, F. Steve Kopetsky, Ginny Kuhel, M. Jill Magri, William Rigney, Leonard Sbrocco, Mark Wood (2 vacancies)

Community-Based Organization representatives (4)

Andrea Bizzell, Donna Lemmon, Mary Sweeney, Cecilia Zamora

Economic Development Agencies representatives (2)

Benny Stewart, Gail Theller

Local Education representatives (3)

Gene Abbott, Hillary Crissinger, Nanda Schorske

Labor Organization representatives (2)

Maureen McManus, Kris Organ

One-Stop Members (3)

David Buccheri, Peter Schiller (1 vacancy)

                              Recommended actions:  Make twenty-six (26) appointments and continue remaining three (3) appointments to July 19, 2005.

 

22.               Request from Human Resources Department to approve tentative agreement with the Probation Managers Association ("PMA"), effective July 1, 2005.

                     Recommended actions:  Approve.

 

23.               Request from the Human Resources Director to approve general salary adjustment for non-represented employees and adopt a resolution providing a 3% at 50 retirement formula for two management job classes as detailed in staff report dated June 28, 2005.

                     Recommended actions:  (a)  Effective July 3, 2005, to approve a 2% general salary adjustment for non represented employees in the following Bargaining/Fringe Groups:  20-01, 20-04, 21-01, 21-03, 21-06, 21-07, 24-01, 24-02, 24-03, 24-05, 24-06, 24-07, 25-01, 26-01 and 30-01; and (b) adopt a resolution, effective July 31, 2005, providing a 3% at 50 retirement formula for job classes 0221 (Fire Chief) and 0225 (Deputy Fire Chief) in accordance with Sections 31678.2 and 31664.1 of the Government Code.

 

11:00 a.m.

24.               Hearing:  Consideration of a resolution establishing the rates charged for the reproduction of Health and Human Services' documents including Health Insurance Portability and Accountability Act (HIPAA) information requests.

                    Recommended actions:  Conduct public hearing scheduled for 11:00 a.m. and consider adopting resolution.

 

25.                Hearing:  Consideration of a resolution revising the charge/rate schedule (increasing rates by approximately 3%) for the Division of Community Mental Health Services treatment services.

                     Recommended actions:  Conduct public hearing scheduled for 11:00 a.m. and consider adopting resolution.

 

26.                Request from the Department of Health and Human Services, Division of Community Mental Health Services (CMHS), to jointly serve the mutual clients of the Department of Rehabilitation (DOR) and CMHS.

                     Recommended actions:  to take the following actions to jointly serve the mutual clients of the DOR and CMHS (a) authorize President to execute FY 2005-06 cooperative agreement with the DOR, in the amount of $63,092, for vocational rehabilitation services; (b) approve related budget actions as detailed in staff report dated June 28, 2005; and (c) effective July 3, 2005, to add 0.75 FTE Licensed Mental Health Practitioner (Class #1087).  (4/5 vote)

 

27.                Request from the Department of Health and Human Services, Division of Alcohol, Drug and Tobacco Programs to authorize President to execute agreements with various community service providers for substance abuse counseling services.

                     Recommended actions:  Request to (a) authorize President to execute the following agreements:  (1) Community Action Marin, $32,000; (2) Buckelew Programs, $47,423; (3) Marin Services for Women, $465,229; (4) Marin Treatment Center, $823,773; and (5) Family Service Agency, $98,380; and (b) approve related budget actions as detailed in staff report dated June 28, 2005. (4/5 vote)

 

28.                Request from the Department of Public Works to adopt a resolution authorizing the President to execute a Contribution Agreement with the California Department of Transportation (Caltrans) to initiate construction and cost sharing agreement for safety improvements to the U.S. Highway 101 Southbound offramp to East Blithedale Avenue/Tiburon Boulevard, District 3.  (County contribution $800,000)

                     Recommended action:  Adopt Resolution.

 

29.                Closed Session:

                     a.     Instructions to labor negotiator (Director of Human Resources) regarding negotiations with all bargaining units pursuant to Government Code Section 54957.6

                     b.      Instructions to labor negotiator (Director of Human Resources) regarding non-represented salaries pursuant to Government Code Section 54957.6

                     c.     Conference with legal counsel regarding existing litigation pursuant to California Government Code Section 54956.9(a).  Name of Case:  Martinelli vs. Sonoma Marin Waste Management, et al.  Marin County Superior Court Case No. 173993.

                     d.     Conference with legal counsel regarding existing litigation pursuant to California Government Code Section 54956.9(a). Name of Case: Stewart v. County of Marin, Workers Compensation Appeals Board Case No. SFO 470542.

                     e.     Conference with legal counsel regarding existing litigation pursuant to California Government Code Section 54956.9(a).  Name of Case:  County of Marin v. California Department of Corrections.

 

                     Reconvene in Open Session

30.                Announcement from Closed Session.

 

1:30 p.m.

31.                Hearing:  Consideration of resolution approving the Marin County Single-family Residential Design Guidelines.

                     Recommended action:  Conduct public hearing scheduled for 1:30 p.m. and consider adopting resolution.

 

                     Adjourn as the Board of Supervisors

 

4:00 p.m.     Convene as the Marin County Transit District Board of Directors

 

32a.             Open time for public expression, limited to three minutes per speaker, on items not on the Transit District agenda.

 

32b.              Approval of minutes of the meeting of May 24, 2005.

                     Recommended action:  Approve.

 

32c.              Board of Directors Matters.

 

32d.              Transit Managers Oral Report.

 

32e.              Request to provide policy direction concerning adjustments of school route services for FY 2005-06.

                     Recommended action:  Review staff analysis and direct staff to take necessary next steps for implementation of program.

 

                     Adjourn as the Marin County Transit District Board of Directors

 

* * * * * * * * * * * * * * * * * * * * * *

 

                     CONSENT CALENDAR A (Items CA-1 through CA-9)

                     ("Consent Calendar A reflects those agenda items that have prior policy approval from the Board and do not exceed $500,000 in cost.)

 

CA-1.            Declaration of Emergency:

                     Reconfirmation of Declaration of Local Emergency relative to transmission of HIV through contaminated needles pursuant to Resolution No. 93-293 adopted on November 23, 1993.

 

CA-2.            Auditor-Controller:

                     Authorize President to execute amendment to agreement with Bartig, Basler and Ray, Certified Public Accountants, Inc., increasing the contract amount by $20,000 for a total contract amount not to exceed $233,900, for additional services related to auditing of the County of Marin's General Purpose Financial Statements for the years ending June 30, 2004, 2005, and 2006, in accordance with Government Auditing Standards issued by the Comptroller General of the United States.

 

CA-3.           Board of Supervisors:

                     a.      Supervisor Brown requesting resolution commending Robin Levy, for her fifteen years of service to Marin Literacy Program, upon her retirement.

                     b.      Supervisor Murray requesting resolution commending Carla Dingillos service to the Buck Institute for Age Research as Executive Vice President.

                     c.     Supervisor Kinsey requesting resolution commending the Inverness Improvement Association, upon the 75th anniversary of its formation.

                     d.     Supervisor Murray requesting commendation honoring North Bay Childrens Center on the occasion of their receiving national award for their Garden of Eatin.

                     e.     Request to adopt Resolution No. 2005-_____, as Code reviewing body, approving revisions to the Conflict of Interest Code submitted by the Novato Sanitary District.

 

CA-4.           Community Development Agency:

                     Authorize President to execute agreement with Susan Bercu Design Studio, in the amount of $9,000 for a total contract amount of $34,000, to provide creative direction and design supervision in the production of the Appendix of the Marin Countywide Plan Update.

 

CA-5.            County Administrator:

                     a.    Authorize President to execute amendment to agreement with the Ross Valley Fire Department, for a month-to-month extension, in an amount not to exceed $2,637.58 monthly for up to twelve months, for the provision of fire protection services for the unincorporated area between the Town of Fairfax and the Town of San Anselmo.

                     b.    Authorize the President to approve amendment to FY 2003-04 and FY 2004-05 Memorandum of Understanding ("MOU") with the Marin County Superior Court covering the provision of County services to the Court, extending the MOU through August 31, 2005.

 

CA-6.           District Attorney:

                     Adopt Resolution No. 2005-___ authorizing submission of an application to the California Department of Insurance ("CDI") for a Health and Disability Insurance Fraud grant; and authorizing the District Attorney to execute the grant award agreement, including any extensions or amendments thereof.

 

CA-7.            Health and Human Services:

                     NOTE:  Agreement in item CA-7h is a renewal of an existing agreement that was included in and funded in the FY 2004-05 budget.

                     a.     Authorize President to execute FY 2005-06 agreement (NB-04-04) with the Workforce Investment Board (WIBSC) of Solano County, Inc., in the amount of $180,000, to operate Project HTI (Healthcare Training Initiative) to assist in the training of qualified healthcare workers in Marin County.

                     b.     Authorize President to approve extension of service provider agreements for first quarter of FY 2005-06, with various non-profits and individuals as detailed in staff report dated June 28, 2005.

                     c.     Authorize President to execute agreement with Nancy Giovannini, in the amount of $40,000, for assistance with revenue maximization, compliance, billing and finance support and trainings for the Department of Health and Human Services.

                     d.     Authorize President to execute FY 2005-06 agreement with Rebeca Quezada, M.D., in an amount not to exceed $100,000, to provide inpatient psychiatric services.

                     e.     Authorize President to execute amendment to the agreement with Guy Gullion, M.D., increasing the contract amount by $1,100 for a total contract amount not to exceed $43,700, to provide psychiatric evaluation and treatment for adult outpatients, jail clients, and clients in need of psychiatric emergency services.

                     f.      Authorize President to execute FY 2004-05 agreement with Susan Protzell, DDS, in the amount of $32,000, to provide dental care for inmates of the County correctional facility.

                     g.     Authorize President to execute FY 2004-05 agreement with Don Frier, DDS, in the amount of $28,800, to provide dental care for inmates of the County correctional facility.

                     h.      Authorize President to execute FY 2004-05 agreement with Charles Palmigiano, M.D., in the amount of $34,580, to provide medical care for inmates at the Countys adult detention and Juvenile Hall facilities and to provide medical oversight of nursing services at the Helen Vine Detoxification Center.

                     i.     Authorize President to execute addendums to the agreements with the following community-based organizations for HIV/AIDS related services, extending the contract terms to June 30, 2005 and increasing the contract amounts by the figure indicated:  (1) Community Action Marin ($89,049), (2) Hospice of Marin ($26,272); (3) Marin AIDS Interfaith Network ($24,179); (4) Marin AIDS Project ($142,700); and (5) Marin Treatment Center ($71,242).

                     j.      Authorize President to execute (1) amendment to the agreement with Community Action Marin, increasing the contract amount by $15,000 for a total contract amount of $402,000, to provide detoxification and transitional planning services; and (2) FY 2005-06 agreement with Lawyers for One America, in the amount of $417,000, to provide residential detoxification services at the Helen Vine Detoxification Center.

                     k.     Authorize President to execute FY 2005-06 agreement with Dan Gardner, in the amount of $51,000, to provide financial management services to Social Services programs and the Division of Mental Health.

                     l.       Authorize President to execute amendment to the FY 2004-05 agreement with MV Public Transportation, Inc., increasing the contract amount by $8,000 for a total contract amount of $73,000, to provide free shuttle services for clients using services at the Health and Human Services Social Services Center in San Rafael using grant funds received from the Metropolitan Transportation Commission.

                     m.    Authorize President to execute FY 2005-06 agreement with MV Public Transportation, Inc., in the amount of $19,408.88, to provide shuttle services for County residents traveling between the San Rafael Transit Center and the Marin County Social Services facility located at 120 North Redwood Drive, San Rafael.

                     n.     Authorize President to execute an agreement with Napa County, increasing the contract amount by $45,000 for a total contract amount of $250,900, and extending the contract through September 30, 2005, to operate Project INCLUSION/COMPASS/CHOICE, related to employment services for the disabled and other persons eligible for employment services.

 

CA-8.            Public Works:

                     a.     Approve temporary closure of B Street in Point Reyes Station on Saturday, July 16, 2005, from 12:00 p.m. until 6:00 p.m. for the annual Papermill Creek Children's Corner fundraiser - District 4.

                     b.     Approve temporary, partial closure of Flamingo Road and Marin Avenue in Mill Valley on Sunday, September 25, 2005, from 11:00 a.m. to 12:00 p.m. for the Tamfest Parade.

                     c.      Approve temporary closure of Wharf Road and Brighton Avenue in Bolinas on Monday, July 4, 2005, from 9:00 a.m. to 6:00 p.m. for the annual Independence Day celebration.

                     d.     Authorize President to execute agreement with Ramfire Building Maintenance, in an amount not to exceed $73,740, for after-hours janitorial services for seven (7) County buildings.

                     e.      Adopt Resolution 2005-_____ approving a one (1) year extension to the agreement with the Marin Hazardous and Solid Waste Joint Powers Authority (JPA).

                     f.       Adopt Resolution 2005-___ authorizing President to execute Amendment Number One (District Agreement No. 4-1852-A1) to Development Encroachment Agreement with Redwood Landfill, Inc., and USA Waste of California, Inc., for construction of a private road overcrossing at the Redwood Landfill Road/Highway 101 intersection.

                     g.     Authorize President to execute First Amendment to the Emergency Communications System Maintenance agreement with the Marin Emergency Radio Authority ("MERA"), increasing the hourly reimbursement amount for Technicians from $55.00 to $70.00 per hour.

                     h.      Authorize purchase of hardware and associated software, from CDW Government Inc., of Chicago, IL, under the California Multiple Award Schedule ("CMAS") (Contract No. 3-99-70-0793B), in the amount of $84,262.20, for the Northern California Computer Crimes Task Force (NC3TF).

                     i.       Approve sole source purchase of computer networking hardware, from PC Solutions of Napa, CA, in the amount of $26,707.88, for the Northern California Computer Crimes Task Force (NC3TF).

                     j.       Approve purchase of Dell computers and servers, from Dell Computer Corp., State, Local and Government (SLG) Sales of Austin, TX, (under the Western States Contract Alliance Contract Number 92-00151) in the amount of $90,992.44 for the Northern California Computer Crimes Task Force (NC3TF).

                     k.     Authorize purchase of three Dell servers, from Dell Computer Corp., State, Local and Government (SLG) Sales of Austin, TX, (under the Western States Contract Alliance Contract Number 92-00151) in the amount of $28,555.68 for the Marin County Health and Human Services Department.

                     l.       Approve single source purchase of six (6) portable radios and associated hardware, from Motorola of Rohnert Park, CA in the amount of $26,119.14 for the Marin County Radio Shop.

 

CA-9.            Retirement:

                     Request to adopt Resolution No. _____ providing for changes to Marin County Employees  Retirement Association (MCERA) By-laws.