County Of Marin: Board of Supervisors

County of Marin
Board of Supervisors

Meetings are held in the Board of Supervisors Chambers
Room 330
Civic Center, San Rafael, CA 94903

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AMENDED AGENDA FOR MARIN COUNTY BOARD OF SUPERVISORS MARIN COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS MARIN COUNTY OPEN SPACE DISTRICT BOARD OF DIRECTORS MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT BOARD OF SUPERVISORS Agenda items will be heard at the time specified or later, depending on the progress of the meeting. Tuesday, June 24, 2008 9:00 a.m. Convene in Open Session as the Marin County Housing Authority Board of Commissioners (In Room 324 A) Convene in Closed Session 1a. Instructions to labor negotiator (Interim Executive Director and Liebert Cassidy Whitmore) regarding negotiations with Service Employees International Union ("SEIU") Local 1021 pursuant to Government Code Section 54957.6.

9:15 a.m. Reconvene in Open Session as the Marin County Housing Authority Board of Commissioners (in Room 330)

Announcement from Closed Session. 1b. Approval of minutes of the meeting of June 10, 2008. 1c. Open time for public expression, up to three minutes per speaker, on items not on the Housing Authority agenda. 1d. Board of Commissioners' matters. 1e. Interim Executive Director's Report. 1f. Authorize the Housing Authority to seek temporary funding from the Workforce Housing Trust, Marin Community Foundation or other available resources, for the exercise of options to purchase Below Market Rate ("BMR") properties that are in default, or in violation of the BMR program resale restriction agreements. Recommended action: Approve. Adjourn as the Marin County Housing Authority Board of Commissioners 10:00 a.m. Convene as the Board of Supervisors 2. Board of Supervisors' matters. 3. Administrator's report. 4. Open time for public expression, up to three minutes per speaker, on items not on the Board of Supervisors' agenda. 5. Consent Calendar A (Items CA-1 through CA-6) ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board.) 6. Consent Calendar B (Items CB-1 through CB-3) ("Consent Calendar B" reflects those agenda items requiring four affirmative votes relating to budgetary matters.) 7. Request from Supervisor McGlashan to adopt resolution commending Morton H. Tallen, Veterans Services Officer. 8. Request from Supervisors Kinsey and Brown to consider letter endorsing the Bay Area Air Quality Management District's ("BAAQMD") Proposed Regulation 6, Rule 3, regarding Woodburning Devices. 9. Request from the County Administrator to adopt the Proposed FY 2008-09 County Budget. Recommended actions: (a) Accept the proposed FY 2008-09 Marin County Budget; (b) schedule public hearings beginning Monday, July 21, 2008; (c) adopt the proposed FY 2008-09 Marin County Budget as the interim spending plan for FY 2008-09 pending formal adoption in July; and (d) authorize the County Administrator and Auditor-Controller to make technical and other adjustments as necessary to properly budget and account for grants, projects and year end fund balances. 10. Request to accept the proposed FY 2008-09 Marin County Special District's Annual Budgets. Recommended actions: (a) Accept the proposed FY 2008-09 Marin County Special District's Budgets; (b) schedule public hearings beginning Monday, July 21, 2008; (c) adopt the proposed FY 2008-09 Marin County Special District's Budgets as the interim spending plan for FY 2008-09 pending formal adoption in July; and (d) authorize the Auditor-Controller to make technical and other adjustments as necessary to properly budget and account for grants, projects and year end fund balances. 11. Request from the County Administrator to oppose SB 1096 regarding pharmacist's provision of marketing communications to patients. Recommended action: Approve. 12. First Reading: Ordinance amending the Marin County Code pertaining to the Community Development Agency, Environmental Health Services Division, fee schedule. Recommended actions: Request Clerk to read ordinance by title only and schedule merit hearing for July 15, 2008, at 11:25 a.m. 13. First Reading: Ordinance amending the Marin County Code pertaining to the Community Development Agency, Planning Division, fee schedule. Recommended actions: Request clerk to read ordinance by title only and schedule merit hearing for July 15, 2008, at 11:25 a.m. 14. Request from the County Administrator for Board concurrence and adoption of response to 2007-2008 Grand Jury Report "Marin on Fire: Not if, but When." (April 7, 2008). Recommended actions: Concur in and thereby adopt the response and direct the President to submit the response to the Presiding Judge. 15. Request from the County Administrator for Board concurrence and adoption of response to 2007-2008 Grand Jury Report "Location, Location, Location: Marin's Emergency Operations Facility." (April, 14, 2008). Recommended actions: Concur in and thereby adopt the response and direct the President to submit the response to the Presiding Judge. 16. Request from the Human Resources Director to approve tentative agreement with the Probation Managers Association for a three-year Memorandum of Understanding ("MOU"), effective July 1, 2008. Recommended action: Approve. 17. Appointments: a. Commission on Aging Three term expirations as follows: One representing District 1 (Robert Gallimore, incumbent), one representing District 4 (Chris Harrington, incumbent), and one representing District 5 (Nancy Sangster, incumbent). Applications have been received from Robert Gallimore and Nancy Sangster. Recommended actions: Make District 1 and District 5 appointments and continue District 4 appointment to July 22, 2008. b. Child Care Commission Two vacancies appointed by the Board of Supervisors and three vacancies appointed by the Marin County Superintendent of Schools. The recommendations of the Executive Committee are included in their letter dated June 11, 2008, as follows:

Designation (appointed by the Board of Supervisors)	Applicants
1 Provider representative	Dr. Linda Frost
1 Discretionary representative (Marin City)	Debra Bradley

Recommended actions: Make two appointments as recommended by the Executive Committee. The recommendations of the County Superintendent of Schools are included in their letter dated June 11, 2008, as follows:

Designation (appointed by the County Superintendent of Schools)	Applicants
1 Consumer representative	Jessica Shavers
1 Discretionary representative	Jan Hutchinson
1 Community representative	Liz Burns

Recommended actions: Ratify three (3) appointments as recommended by the Marin County Superintendent of Schools. c. Library Commission Five term expirations as follows: One representing District 1 (Harriet Michael, incumbent), one representing District 2 (Linda Goldberg, incumbent), one representing District 3 (Shelby Gross, incumbent), one representing District 4 (Richard Jensen, incumbent), and one representing District 5 (Reggie Winner, incumbent). Applications have been received as follows:

Designation	Applicants
District 1 representative	vacant
District 2 representative	vacant
District 3 representative	Alison Dana Howard
District 4 representative	Richard Jensen (incumbent), Christopher Parsons
District 5 representative	Reggie Winner (incumbent)

Recommended actions: Make three appointments and continue District 1 and District 2 appointments to July 22, 2008. d. Marin Visitor Network One term expiration for County representative seat. The incumbent, Jeff Perry, has reapplied. Recommended action: Make appointment. e. Workforce Investment Board Thirty-five seats (thirty-two term expirations and three vacancies) representing Business reps, Community-Based Organizations, Economic Development Agencies, Local Education, Labor Organizations, and Mandatory One-Stop Members, as follows:

Designation	Applicants
Business representatives (18)	Joan Capurro, Caran Cuneo, Dan Daniels, Lori Fromm, Jennifer Gotti, Ginny Kuhel, M. Jill Magri, Craig Nelson, Will Rigney, Leslie Ruhland, Pat Sorber, Ron Thayer (all incumbents), 6 vacancies
Community-Based Org. reps. (2)	Donna Lemmon, Cecilia Zamora (all incumbents)
Economic Dev. representatives (2)	Makini Hassan, Gail Theller (all incumbents)
Education representatives (3)	Gene Abbot, Luis Calingo, Nanda Schorske (all incumbents)
Labor Organization reps. (5)	George Pegelow, Bill Scott, Cindy Thomas (all incumbents), 2 vacancies
One-Stop Members (5)	Charlene Reid, Darlene Rutkowski, Peter Schiller, Mary Kay Sweeney (all incumbents), 1 vacancy

Recommended actions: Make twenty-six (26) appointments and continue nine (9) appointments to July 22, 2008. 11:25 p.m. 18. Hearing: Ordinance amending Section 16.16.050 of the Marin County Code to authorize arrest and citation authority under the Uniform Fire Code, the Marin County Code and the California Building Standards Code. Recommended actions: Conduct scheduled public hearing and consider adopting ordinance. 11:30 a.m. 19. Hearing: Consideration of ordinance amending Chapter 3.50 of the Marin County Code related to County Surveyor fees. Recommended actions: Conduct scheduled public hearing and consider adopting ordinance. 20. Hearing: Consideration of resolution revising the fee for Sexual Assault Response Team ("SART") and child sexual abuse SART examinations. Recommended actions: Conduct scheduled public hearing and consider adopting resolution. 21. Hearing: Consideration of resolution revising the rate/charge schedule for the Division of Community Mental Health Services treatment services. Recommended actions: Conduct scheduled public hearing and consider adopting resolution. Recess as the Board of Supervisors 11:30 a.m. Convene as the Marin County Open Space District Board of Directors 22a. Approval of minutes of the meeting of June 10, 2008. 22b. Board of Directors' matters. 22c. Open time for public expression, up to three minutes per speaker, on items not on the Open Space District Agenda. 22d. General Manager's report. 22e. Hearing: Proposed Open Space District Budget for Fiscal Year 2008-09. Recommended action: Approve. Adjourn as the Marin County Open Space District Board of Directors Reconvene as the Board of Supervisors 23. Closed Session: a. Conference with legal counsel regarding existing litigation pursuant to California Government Code Section 54956.9(a). Name of case: San Rafael Airport v. Dobrin, et al. b. Conference with legal counsel regarding potential litigation pursuant to California Government Code Section 54956.9(c). Number of Potential Cases: One (1). 1:30 p.m. Reconvene in Open Session Announcement from Closed Session. 24. Hearing: Robertson Appeal of the Planning Commission's denial of the Robertson Design Reviews and lot line adjustment. Arroyo Road, Lagunitas. (Assessor's Parcel Nos. 168-031-11, -12, and -13) Recommended actions: (a) Review the administrative record; (b) conduct public hearing; and (c) make determination on Appeal. 2:30 p.m. 25. Hearing: Moeller Design Review and Draft Negative Declaration of Environmental Impact. Recommended actions: Continue to a date to be determined. Adjourn as the Marin County Board of Supervisors

Convene as the Marin County Flood Control and Water Conservation District Board of Supervisors

26a. Open time for public expression, up to three minutes per speaker, on items not on the Flood Control and

Water Conservation District Agenda.

26b. Board of Supervisors' matters.

26c. Request to adopt resolution endorsing application for a California Department of Water Resources grant, in

an amount up to $1,000,000, and approve related actions pertaining to the geotechnical evaluation of the Las

Gallinas Creek Levee.

Recommended action: Adopt Resolution. Adjourn as the Marin County Flood Control and Water Conservation District Board of Supervisors * * * * * * * * * * * * * * * * * * * * * * CONSENT CALENDAR A (Items CA-1 through CA-6) ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board.) CA-1. Board of Supervisors: a. Appointments: Request to schedule the following appointment for July 22, 2008: Human Rights Commission: One vacancy representing District 3 due to the resignation of Kerry Peirson. b. Request to adopt Resolution No. 2008-_____ approving the application by the Marin Agricultural Land Trust ("MALT") for grant funds from the California Department of Conservation's California Farmland Conservancy Program, for the purchase of an agricultural conservation easement on the Spaletta Dairy in West Marin. c. Request from Supervisor Adams to adopt resolution proclaiming June, July and August 2008 as "Soda Free Summer" in Marin County. d. Supervisor Adams requesting resolution celebrating the legalization of same sex marriage in California. CA-2. Community Development Agency: a. Authorize President to execute agreement with Shute, Mihaly & Weinberger LLP, in the amount of $60,000, to help prepare revisions to the Development Code, Local Coastal Program and other similar initiatives. b. Authorize President to execute amendment to Community Development Block Grant ("CDBG") agreement with Residential Accessibility Modification Program, increasing the agreement by $25,000 for a total amount of $57,700, for housing rehabilitation for handicapped accessibility. c. Request to adopt Resolution No. 2008-_____, granting the Ludwig Appeal, overturning the Planning Commission's denial of the Wright, Lawrence et al. appeal and denying the Page floating home architectural deviation, related to the June 10, 2008, hearing. d. Request to adopt Resolution No. 2008-_____, approving the Hansen Appeal of the Planning Commission's denial of the Troussieux Variance and Design Review and approving the project with conditions, related to the June 10, 2008, hearing. CA-3. Cultural Services: a. Authorize President to execute agreement with Steel Pulse for a performance at the Marin County Fair on July 3, 2008. b. Authorize President to execute agreement with WAR for a performance at the Marin County Fair on July 5, 2008. c. Authorize President to execute agreement with Professional Event Services, in the amount of $39,495, for security services at the 2008 Marin County Fair. CA-4. Farm Advisor: Authorize President to execute first amendment to Salary Reimbursement Agreement with the University of California, for a one year no-cost extension, to reimburse the University of California for payroll and related expenses of a staff associate for the sustainable agriculture program in Marin County. CA-5. Health and Human Services: NOTE: Agreements in items CA-5a - CA-5b are renewals of existing agreements that were included in and funded in the FY 2007-08 budget. a. Authorize President to execute agreement with Marin General Hospital and Prima Medical Group, Inc. for the Obstetrics/Gynecology Hospitalist Program for the period of July 1, 2008 - June 30, 2009. b. Authorize President to execute agreement with the California Department of Public Health (08-85067), in the amount of $314,472, for the Childhood Lead Poisoning Prevention Program. c. Authorize President to execute agreement with the Marin Community Clinics for the provision of specialty mental health services to low income Marin County residents. d. Authorize President to execute FY 2008-09 agreement, in the amount of $450,000, with Russian American Community Services for the senior nutrition program. e. Authorize President to approve extension of FY 2008-09 service provider agreements with various non-profits and individuals as detailed in staff report dated June 24, 2008. CA-6. Public Works: a. Request to schedule a rate hearing on July 15, 2008, at 11:30 a.m. for consideration of raising the Bay Cities Refuse Service, Inc., franchise fee from 5% to 10% with a corresponding rate increase of 5.56% for the South Marin franchise area. b. Request to schedule a rate hearing on July 15, 2008, at 11:30 a.m. for consideration of raising the Mill Valley Refuse Service, Inc., franchise fee from 5% to 10% with a corresponding rate increase of 5.56% for the Southern Marin franchise areas 2, 3, 4, 5, 6 and 7. c. Request to schedule a rate hearing on July 15, 2008, at 11:30 a.m. for consideration of raising the Marin Sanitary Service franchise fee from 5% to 10% with a corresponding rate increase of 5.56% for the Central Marin franchise areas 1, 2, 3, 4, 5 and 6. d. Request to schedule a rate hearing on July 15, 2008, at 11:30 a.m. for consideration of raising the Marin Sanitary Service franchise fee from 5% to 10% with a corresponding rate increase of 5.56% for the Ross Valley North franchise area. e. Request to schedule a rate hearing on July 15, 2008, at 11:30 a.m. for consideration of raising the Marin Sanitary Service franchise fee from 5% to 10% with a corresponding rate increase of 5.56% for the Ross Valley South franchise area. f. Request to schedule a rate hearing on July 15, 2008, at 11:30 a.m. for consideration of raising the Ratto Group franchise fee from 3% to 10% with a corresponding rate increase of 7.8% for the West Marin franchise area. g. Request to approve a seven hour temporary closure of Centro Way between Greenhill Road and W. California Avenue in Mill Valley, on July 4, 2008 from 12:00 p.m. to 7:00 p.m. for a block party celebration. h. Request to adopt Resolution No. 2008-_____ supporting the continuation of the County as a Nonmotorized Demonstration Community in the next Federal Transportation Authorization. i. Authorize President to execute agreement with Nichols Consulting Engineers, Chtd., in the amount of $49,900, to update the County's Pavement Management System. j. Authorize President to execute agreements with the City of Larkspur and the City of San Rafael for the 2008 Pavement Rehabilitation Program, Central Region Resurfacing. (Project No. ER 080040) CONSENT CALENDAR B (Items CB-1 through CB-3) (Four affirmative votes required) ("Consent Calendar B" reflects those agenda items requiring four affirmative votes relating to budgetary matters.) CB-1. Community Development Agency: Request to (a) accept a $130,000 contribution from the Marin Municipal Water District ("MMWD") to support past and future work on Community Choice Aggregation; and (b) approve related budget actions as detailed in staff report dated June 24, 2008. CB-2. Health and Human Services: Request to (a) accept $8,000 grant from First 5 Marin Children and Families Commission to provide child abuse & neglect prevention services for families otherwise ineligible for assistance through Children & Family services; and (b) approve related budget actions as detailed in staff report dated June 24, 2008. CB-3. Public Works: Request to approve the following actions related to the Woodacre Creek Fish Passage Project at Carson Road: (a) approve plans and specifications; (b) direct Clerk to advertise for bids; (c) authorize the Public Works Director to award the construction contract; (d) authorize the Public Works Director or his designee to execute Coastal Conservancy grant agreement; (e) adopt Resolution No. 2008-_____ approving the contribution of funds from the Coastal Conservancy for the Project; and (f) approve related budget actions as detailed in staff report dated June 24, 2008.