AGENDA FOR: MARIN COUNTY BOARD OF SUPERVISORS MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT BOARD OF SUPERVISORS AGENDA Tuesday, June 3, 2003 Board of Supervisors Chambers, Room 330, Civic Center 9:00 a.m. Convene as the Marin County Flood Control and Water Conservation District Board of Supervisors 1a. Approval of minutes of the meetings of May 6 and 20, 2003. 1b. Open time for public expression, limited to three minutes per speaker, on items not on the Flood Control and Water Conservation District Agenda. 1c. Authorize President to execute license agreement with Christoffer N. Bridge and Danielle C. Pratt, related to landscaping and fencing encroachments on a portion of the District's property adjacent to Corte Madera Creek. Recommended actions: Approve. 1d. Authorize President to execute First Amendment to Right of Way agreement with Rose Tsai, owner of 613 Vendola Drive, San Rafael, related to the Santa Venetia Pump Station No. 1 project. Recommended actions: Approve. Adjourn as Marin County Flood Control and Water Conservation District Board of Supervisors Convene as Board of Supervisors 2. Presentation of "Employee of the Month" Award, May 2003, to Celia Allen of the Department of Health and Human Services. 3. Approval of minutes of the meetings of May 6, 13 and 20, 2003, and the minutes of the special meeting of January 31, 2003. 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-8) ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board and do not exceed $500,000 in cost.) 8. CONSENT CALENDAR B (Items CB-1 through CB-4) ("Consent Calendar B" reflects those agenda items requiring a 4/5th vote relating to budgetary matters.) 9. Supervisor Rose requesting approval of resolution requesting assistance of Senator Dianne Feinstein and Representative Lynn Woolsey regarding the potential impact of any Graton Tribal gaming facility in Marin and Sonoma Counties. 10. Request from the Public Works Department to schedule a public hearing to consider a requested 8.1% rate increase for Mill Valley Refuse Service for areas known as Southern Marin Franchise Areas 2, 3, 4, 5, 6, and 7. Recommended actions: Set hearing for June 24, 2003, at 10:30 a.m. and direct clerk to advertise hearing in a local publication. 11. Request from the Department of Health and Human Services to set public hearing to consider adoption of a resolution revising the FY 2003-04 rate/charge schedule for the Division of Community Mental Health Services treatment services. Recommended action: Set public hearing for June 17, 2003, at 11:00 a.m. to consider adopting resolution. 12. First Reading: Ordinance amending Section 12.04.105 of the Marin County Code regarding tie down and hangar space fees at Gnoss Field. Recommended actions: Request clerk to read ordinance by title only and schedule merit hearing for June 24, 2003, at 10:30 a.m. 9:30 a.m. 13. Hearing: Amendment to the Marin Countywide Plan adopting a revised Housing Element and associated Negative Declaration of Environmental Impact. Recommended actions: (a) Review the administrative record; (b) conduct a public hearing scheduled for 9:30 a.m.; (c) adopt a resolution adopting a negative declaration of environmental impact; and (d) adopt the revised Housing Element amending the Marin Countywide Plan as recommended by the Planning Commission. 14. Hearing: Dickens Subdivision and Design Review (SD 00-2 and DR 01- 103) 277 North San Pedro Road, San Rafael. (APN 180-181-30) Recommended actions: (a) Review the administrative record; (b) conduct a public hearing scheduled for 9:30 a.m.; (c) adopt a resolution adopting a negative declaration of environmental impact; and (d) adopt resolution approving with conditions the Dickens Subdivision and Design Review. 10:30 a.m. 15. Hearing: Ordinance establishing fees charged by the County Coroner pursuant to California Government Code Sections 27472 and 54985. Recommended actions: Conduct hearing scheduled for 10:30 a.m. and adopt ordinance. 16. Request from the Office of Emergency Services to submit application for Homeland Security Grant, in the amount of $611,335, from the Governor's Office of Emergency Services, to further develop mutually supportive programs through equipment and training that maximize effective response capability in the event of a terrorist event. Recommended action: Approve. 17. Request from the Department of Health and Human Services to authorize President to execute Contract Amendment 01 with the Marin Education Fund ("MEF"), increasing contract by $106,129 for a total contract amount of $689,009, for the MarinCARES program for incentives for training and retaining child care teachers. Recommended action: Approve. 18. Appointments: a. AIDS Commission i. One At-Large term expiration (Peter Hansen). The incumbent has reapplied. Recommended actions: Make appointment. ii. One term expiration representing the AIDS Treatment Center (Brian Slattery). Recommended actions: Schedule appointment for June 24, 2003. b. Aviation Commission Two term expirations as follows: One representing District 1 (Richard Nave) and one nominated by the Novato City Council (Marilyn McConnell). Recommended actions: Schedule appointments for June 24, 2003. c. Commission on Aging Three term expirations as follows: one representing District 1 (Norman Gravdahl), one representing District 2 (Roberta Michels) and one representing District 5 (Patricia Lewis). Recommended actions: Schedule appointments for June 24, 2003. d. Board of Appeals One term expiration representing Architects (Brock Wagstaff). Recommended actions: Schedule appointment for June 24, 2003. e. County Service Area #16 Advisory Board (Greenbrae) Three vacancies on this Board. Recommended actions: Schedule appointments for June 24, 2003. f. Developmental Disabilities Area Board V One term expiration (Robin Gerrity). Recommended actions: Schedule appointment for June 24, 2003. g. Emergency Medical Services Committee One vacancy representing Medical Dispatch due to the resignation of Roxann Thelin. Recommended actions: Schedule appointments for June 24, 2003. h. Library Commission Five term expirations as follows: one representing District 1 (Gerald George), one representing District 2 (Cindy Swift), one representing District 3 (Wyna Barron), one representing District 4 (Regina Kutchins) and one representing District 5 (Cal Kurzman). Recommended actions: Schedule appointments for June 24, 2003. i. Parks, Open Space and Cultural Commission One term expiration representing District 1 (Al Boro). Recommended actions: Schedule appointment for June 24, 2003. j. Wildlife and Fisheries Commission Five term expirations as follows: One representing Conservation (Loretta Farley), two representing Sport Fishermen (Brooke Halsey, Jr., Alex Nichelini) and two representing Sport Hunters (Gilbert Murphy, Ed Schulze). Recommended actions: Schedule appointments for June 24, 2003. k. Marin Women's Commission Two term expirations as follows: One representing District 1 (Mary Anne Hoover) and one representing District 5 (Julie Grantz). Recommended actions: Schedule appointments for June 24, 2003. l. Workforce Investment Board Twenty-one (21) term expirations and eight (8) vacancies as follows: No. of seats Designation Incumbents 15 Business representatives 7 vacancies, William Baeza, Joan Capurro, Caran Cuneo, Ginny Kuhel, Joseph McGarry, Nancy Mellor, Leonard Sbrocco, Diane Vancini 3 Education representatives Gene Abbott, Anne Farrah, Lorraine Wilson 3 1-Stop Partners David Buccheri, Liz Rottger, Peter Schiller 4 Community Based Organization 1 vacancy, Donna Lemmon, Mary Sweeney, Cecilia Zamora 2 Labor representatives Maureen McManus, Kris Organ 2 Economic Development Agency Benny Stewart, David Newman Recommended actions: Schedule appointments for June 24, 2003. 11:00 a.m. 19. Hearing: Ordinance increasing Community Development Agency Planning Division Fees by approximately 10% for zoning and land use applications (Marin County Code Title 22), subdivision applications (Marin County Code Title 20), Floating Home Exceptions (Marin County Code Chapter 19), Environmental Review Documents (California Environmental Quality Act) and other planning-related services; and repealing Ordinance No. 3341. Recommended actions: Conduct hearing scheduled for 11:00 a.m. and adopt ordinance. 20. Hearing: Ordinance amending the Marin County Code by modifying the Food, Solid Waste and Land Use Program Fees in the Community Development Agency - Environmental Health Services Division. Recommended actions: Conduct hearing scheduled for 11:00 a.m. and adopt ordinance. 21. Hearing: Ordinance amending Section 19.04.032 of the Marin County Code providing for building permit, plan check and other related fees in the Community Development Agency - Building and Safety Division and repealing all ordinances and parts of ordinances in conflict therewith. Recommended actions: Conduct hearing scheduled for 11:00 a.m. and adopt ordinance. 22. Hearing: Ordinance increasing the minimum level for the capitalization of assets from $1,000 to $5,000. Recommended actions: Conduct hearing scheduled for 11:00 a.m. and adopt ordinance. 23. Hearing: Ordinance amending Section 3.08.050 pertaining to the disposition of surplus property. Recommended actions: Conduct hearing scheduled for 11:00 a.m. and adopt ordinance. 24. Request from the Department of Public Works to increase purchasing limit from $1,000 to $2,500 for direct purchases to streamline procurement of routine acquisitions. Recommended actions: Approve increase in concert with a modified surplus disposition procedure and a new Fixed Assets program proposed by the Auditor-Controller's Office. 25. Request from the County Administrator to take the following actions related to adoption of proposed Animal Control Ordinance revisions and implementation of new fee schedule: a. Hearing: Ordinance amending Title 8 of the Marin County Code addressing animals; and b. Hearing: Ordinance establishing increases in fees collected for animal control services codified in Chapter 8.04 of Title 8 of the Marin County Code. Recommended actions: Conduct separate hearings on each ordinance and adopt ordinances. 26. Hearing: Consideration of the Fairfax Town Council Appeal of the Planning Commission's conditional approval of the Melvin Master Plan Waiver request and Design Review. 70 Meadow Way, Fairfax. (APN 197-070-05) Recommended actions: (a) Review the administrative record; (b) conduct a public hearing scheduled for 11:00 a.m.; and (c) continue the appeal and direct Community Development Agency Planning staff to conduct environmental review by preparing an Initial Study to address additional information relating to potential effects of the proposed project on special status species and their habitats. 27. Closed Session: a. Conference with legal counsel regarding existing litigation pursuant to California Government Code Section 54956.9(a). Name of case: County of Marin v. San Rafael Rock Quarry, Marin County Superior Court Case No. CV 014602. b. Conference with legal counsel regarding existing litigation pursuant to California Government Code Section 54956.9(a). Name of case: Williams v. County of Marin, United States District Court Case No. C02-3271 SI. 2:00 p.m. c. Public Employee Discipline/Dismissal/Release pursuant to Government Code Section 54957. ******************** CONSENT CALENDAR A (Items CA-1 through CA-8) ("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. Board of Supervisors: a. Supervisors Kinsey and Murray requesting to send letters of support for AB 1405, the California Watershed Protection and Restoration Act, which would set new policy for the state regarding watershed management, protection and restoration. b. Supervisor Murray requesting resolution commending Katie Crecelius for her contributions to the Marin Economic Commission. c. Supervisor Rose requesting resolution commending Pamela Wright Lloyd, the first recipient of the Marin Conservation Corps' Environmental Stewardship Award. d. Supervisors Brown and Kinsey requesting adoption of Resolution No. 2003-_____ in support of the State of California's adoption of the International Building and Fire Codes. CA-3. County Counsel: Authorize President to execute agreement with Porter, Scott, Weiberg & Delehant for legal services to be provided in Bonelli & Rivers v. County of Marin. CA-4 Health and Human Services: NOTE: Agreement in item CA4-g is a renewal of an existing agreement that was included and funded in the FY 2002-03 budget. a. Request to (i) authorize President to execute Amendment No. 2 of two-year agreement (FC-0204-05) with the California Department of Aging, in the amount of $199,132, to fund activities in FY 2002-04 on behalf of Marin's older residents, including subcontracts with a variety of community-based agencies to support family caregivers; and (ii) adopt Resolution authorizing the Health and Human Services Director to execute future amendments to this contract which are within 5% of the original award. b. Request to adopt Resolution No. 2003-_____ approving the Marin County FY 2003-04 Substance Abuse and Crime Prevention Act of 2000 ("SACPA") Expenditure Plan. c. Authorize President to execute amendment to FY 2002-03 agreement with All Saints Extended Care & St. Michael's Extended Care, in an amount not to exceed $225,000, to provide residential care home services for adult mental health clients. d. Authorize President to execute amendment to FY 2002-03 agreement with Sunny Hills Children's Garden to reflect the change in their addresses of their day treatment programs. e. Authorize President to execute amendment to FY 2002-03 agreement with Edgewood Center for Children and Families, in an amount not to exceed $73,365, to provide day treatment intensive services for children in need of mental health services. f. Authorize President to approve FY 2002-03 contract augmentation with the Marin General Hospital, in the amount of $6,839, for trauma services. g. Authorize President to execute FY 2002-03 agreement (Agreement #02- 72250-000) with the State of California Department of Mental Health constituting the FY 2002-03 County Performance Contract as mandated by Section 5650 of the Welfare and Institutions Code. h. Authorize President to send a letter of support to the Office of Child Welfare Redesign Implementation for the Department of Health and Human Services' grant application request to the California Department of Social Services, in the amount of $30,000, to implement strategic changes in Child Welfare Redesign. CA-5. Human Resources: a. Effective July 6, 2003, request to approve general salary adjustment for nonrepresented employees. b. Effective July 6, 2003, request to (i) approve new bargaining unit for representation within the Marin County Deputy Sheriffs' Association ("MCDSA") to be identified as Welfare Fraud Investigators; (ii) place the job classes of Welfare Fraud Investigator and Welfare Fraud Investigator - Bilingual in the new unit; and (iii) approve MCDSA as the certified employee organization representing employees in the job classes. CA-6. Library: Adopt Resolution No. 2003-_____ authorizing the Director of County Library Services of the Marin County Free Library to accept, on behalf of the Board, books and/or cash gifts with a value of less than two hundred dollars ($200). CA-7. Public Works: a. Authorize President to (i) execute Notice of Completion, Tenant Improvements for 120 N. Redwood Drive, (ii) approve final payment in the amount of $16,697.60; (iii) approve release of retention in the amount of $187,848.40 35 days after Board action to Vitton Construction Co., Inc. (Project No. C424) b. Request to (i) authorize the Public Works Director to award the contract to the lowest responsive bidder; (ii) authorize a contract contingency in the amount of 10%; and (iii) direct the Director to report the results to the Board for the Old Jail Kitchen Area Demolition/Remodel Project. (Project No. C443 UPS) c. Request to (i) approve plans and specifications; (ii) direct the Clerk to advertise for bids; (iii) authorize the Public Works Director to award the contract to the lowest responsive bidder; and (iv) direct the Director to report the results to the Board for the EOC/Communications Center Office Remodel Project. (Project No. C443 Office Walls) d. Request to waive the formal bidding procedure and approve sole source purchase of rental tents and assorted equipment from the Lodi Tent and Awning Company, Inc., Lodi, CA, in the amount of $66,196.90, for the Marin County Fair. e. Approve award of Invitation For Bid ("IFB") #2415 to Watershed, Inc. of Salem, OR, in the amount of $38,025.26, for rain gear for the Marin County Sheriff's Office. f. Authorize President to execute Antenna Site Lease agreement with Pinnacle Towers, Inc., owner of the Big Rock Ridge communications site for the County's Big Rock Ridge Radio Facility. g. Authorize President to (i) execute the Right of Way Contract with Louis and Marie Dhority; and (ii) execute the Certificate of Acceptance of Grant of Interest in Real Property for the Non-Exclusive Easement Deed signed by Mr. and Mrs. Dhority on May 21, 2003, related to the real property interests required for the Inkwells bicycle, pedestrian, equestrian bridge project in San Geronimo. h. Authorize President to execute agreement with Sycamore Associates LLC, in an amount not to exceed $35,000, for biological assessment that will be used to apply for a regional general maintenance permit that will allow for ongoing maintenance work at multiple road-crossing culverts in West Marin. i. Authorize President to execute agreement with Ramfire Building Maintenance, in an amount not to exceed $44,086.08, for after hours janitorial services for the County owned buildings at 10 & 20 North San Pedro Road, San Rafael. j. Request to adopt Traffic Resolution No. _____ prohibiting parking on a portion of Fawn Drive (SF 012) in the San Anselmo area. k. Request to adopt Traffic Resolution No. _____ prohibiting parking on a portion of Ross Drive (TV 003) in the Tam Valley area of Mill Valley. l. Authorize President to approve temporary closure of "B" Street, Pt. Reyes Station, between Fifth Street and Sixth Street on Sunday, July 20, 2003, from 10:00 a.m. to 5:00 p.m. for the annual "Jazz on the Half Shell" event - District 4. CA-8. Sheriff: Request from the Office of Emergency Services to adopt Resolution authorizing submission of application for Citizen Corps Grant, in the amount of $3,433, from the Governor's Office on Service and Volunteerism ("GO SERV"), to assist in integrating volunteer organizations in support of existing local emergency management and homeland security programs and appointing authorized County of Marin officials to participate in the grant program. CONSENT CALENDAR B (Items CB-1 through CB-4) (4/5 vote required) ("Consent Calendar B" reflects those agenda items requiring a 4/5th vote relating to budgetary matters.) CB-1. Farm Advisor: Request from the County Director of U.C. Cooperative Extension to (a) approve projects recommended by the Marin County Wildlife and Fisheries Advisory Committee ("MCWFAC") for the enhancement of fish and wildlife resources in Marin County for FY 2003-04 as detailed in staff report dated May 28, 2003; and (b) approve related fund transfers. (4/5 vote) CB-2. Health and Human Services: a. Request from the Health and Human Services Director to (i) authorize President to execute agreement with Pacific Health Consulting, in the amount of $22,500, to continue the development of the Long Term Care Integration Project; and (ii) approve related budget actions as detailed in staff report dated June 3, 2003. (4/5 vote) b. Request from the Health and Human Services Director to (i) authorize President to execute FY 2002-03 grant from the California Family Health Council, in the amount of $4,500, to be used for chlamydia related "safe sex" information and outreach; and (ii) approve related budget actions as detailed in staff report dated June 3, 2003. (4/5 vote) c. Request from the Health and Human Services Director to (i) authorize President to execute funding agreement, in the amount of $30,000, with the Marin Community Foundation ("MCF") for transportation services as prioritized in the Marin County Welfare to Work Transportation Plan previously approved by the Board; and (ii) approve related budget actions as detailed in staff report dated June 3, 2003. (4/5 vote) d. Request from the Health and Human Services Director to (i) authorize President to approve modifications to the FY 2002-03 budget recognizing $7,500 in CalWORKs incentive funds for a CalWORKs employment study; and (ii) approve related budget actions as detailed in staff report dated June 3, 2003. (4/5 vote) e. Request from the Health and Human Services Director to (i) execute agreement with First 5 Marin Children and Families Commission accepting $9,680 to provide perinatal substance abuse trainings; and (ii) approve related budget actions as detailed in staff report dated June 3, 2003. (4/5 vote) CB-3. Library: Request from the Director of County Library Services of the Marin County Free Library to (i) accept contribution in the amount of $500 from Art Gray; and (ii) approve related budget actions as detailed in staff report dated June 3, 2003. (4/5 vote) CB-4. Public Works: Request from the Department of Public Works to (i) approve plans and specifications for the Slip-Out Repair of Fairfax Bolinas Road (Mile Post 2.44) Project; (ii) authorize the Clerk to advertise for bids; and (iii) authorize the Auditor-Controller to make the necessary budget transfers as detailed in letter dated June 3, 2003. (Project No. 982049) Marin County BOS Agenda 1 6/3/2003