REGULAR MEETING OF THE MARIN COUNTY BOARD OF SUPERVISORS HELD TUESDAY, JANUARY 14, 1997, AT 10:12 A.M. PRESENT: SUPERVISORS John B. Kress, Harold C. Brown, Jr., Steve Kinsey, Annette Rose, Harry J. Moore, Chair #16 BOARD OF SUPERVISORS' MATTERS In Memoriam M/s Kress-Brown, to determine that the need to take action arose subsequent to the agenda being posted. AYES: ALL At the request of Supervisor Kress, M/s Kress-Brown, to adjourn today's meeting in memory of Erwin Williams, former LAFCO member, and send letter of condolences to his family. AYES: ALL Resolution of Commendation for Sandy Greenblat M/s Kress-Brown, to determine that the need to take action arose subsequent to the agenda being posted. AYES: ALL At Supervisor Kress' request, M/s Kress-Brown, commending Sandy Greenblat for his leadership and commitment to San Rafael and the County. AYES: ALL Response to diesel spill into Nicasio Creek Supervisor Kinsey commented on the response to the diesel fuel spill at Skywalker Ranch. French Ranch Supervisor Brown thanked Supervisor Kinsey for his efforts to acquire Open Space within the French Ranch subdivision. Response to Grand Jury Report on Disaster Preparedness M/s Kress-Brown, to determine that the need to take action arose subsequent to the agenda being posted. AYES: ALL The Assistant County Administrator outlined the response to the Grand Jury report regarding disaster preparedness contained in his staff report dated January 14, 1997. Thereafter, M/s Kress-Brown, to adopt the response as adequate and forward it to the Presiding Judge of the Superior Court. AYES: ALL Personnel matters M/s Brown-Rose, to determine that the need to take action arose subsequent to the agenda being posted. AYES: ALL M/s Brown-Rose to approve the following actions: Pursuant to request of the Director of Health and Human Services in letter dated January 6, 1997, to (1) delete 1.0 Senior Secretary in budget center 612; (2) add 1.0 Senior Clerk Typist Confidential Spanish Speaking in budget center 516; (3) increase appropriations in Health and Human Services Administration and related accounts ($17,633) and Public Assistance Administration's Extra Hire account ($1,335) offset by a reduction in Employment & Training Administration, Salary and related accounts ($17,633) providing for more efficient staffing ($18,968). Pursuant to request of the Director of Health and Human Services in letter dated January 3, 1997, to (1) delete 1.0 Administrative Services Assistant I; (2) add 1.0 Office Services Supervisor. Pursuant to request of the Director of Health and Human Services in letter dated January 6, 1997, to increase appropriations in H&HS Specialty Clinic's Salary and related accounts offset by a reduction in Special Appointment providing for the addition of 1.0 Senior Clerk Typist effective January 12, 1997. Pursuant to request of the Director of Health and Human Services in letter dated January 3, 1997, approve advanced step appointment of Joseph Fazio as a Welfare Fraud Investigator at step 4, effective January 12, 1997. The vote on the pending motion was AYES: ALL #15 MEMBERSHIP OF BOARD MEMBERS TO VARIOUS BOARDS AND COMMISSIONS M/s Rose-Kress, to approve the following appointments of supervisors to various official boards and commissions: John B. Kress Gateway Improvement Authority First Vice-Chair, Board of Directors Marin County Capital Improvements Financing Authority First Vice-Chair, Board of Directors Marin County Housing Authority First Vice-Chair, Board of Commissioners Marin County Open Space District First Vice-Chair, Board of Directors Marin County Redevelopment Agency First Vice-Chair, Board of Commissioners Marin County Transit District First Vice-Chair, Board of Directors Board of Supervisors Judicial Committee Member Countywide Planning Agency/Congestion Management Alternate Emergency Services & Disaster Council Co-Director Investment Policy Review Committee Member Golden Gate Bridge, Highway & Transportation District Member, Board of Directors Local Agency Formation Commission (LAFCo) Member Marin County-Corte Madera Public Library Authority Member Marin County Retirement Board Member Major Crimes Task Force Oversight Committee Alternate Mental Health Advisory Board Member NWP Governing Board (JPA) Member San Rafael Sanitation District Alternate Harold C. Brown, Jr. Gateway Improvement Authority Member, Board of Directors Marin County Capital Improvements Financing Authority Member, Board of Directors Marin County Housing Authority Member, Board of Commissioners Marin County Open Space District Member, Board of Directors Marin County Redevelopment Agency Member, Board of Commissioners Marin County Transit District Member, Board of Directors Bay Area Air Quality Management District Member, Board of Directors City-County CATV Joint Powers Authority Member Employee Recognition Committee Chairman Employee Suggestion Award Program Chairman Fireflow Study Group (ad hoc) Chairman Fire Safe Marin Chairman Golden Gate Bridge, Highway & Transportation District Member, Board of Directors Local Government Commission, Inc. Member Marin County-Corte Madera Public Library Authority Alternate Marin County Hazardous & Solid Waste Management Joint Powers Authority Board Alternate Annette Rose Gateway Improvement Authority 2nd Vice Chair, Board of Directors Marin County Capital Improvements Financing Authority 2nd Vice Chair, Board of Directors Marin County Housing Authority 2nd Vice Chair, Board of Commissioners Marin County Open Space District 2nd Vice Chair, Board of Directors Marin County Redevelopment Agency 2nd Vice Chair, Board of Commissioners Marin County Transit District 2nd Vice Chair, Board of Directors ABAG Regional Planning Committee Member Bay Conservation and Development Commission (BCDC) Member, Executive Board City-County Relations Liaison/Budget Committee Member Community Development / Priority Setting Committee Member County Supervisors Association of California (CSAC) Member, Board of Directors Marin City Resident Management Corporation Alternate Marin Community Foundation Liaison Member Marin County Civic Center Preservation Fund Member, Board of Directors Marin County-Corte Madera Public Library Authority Member Multi Agency Board, Hamilton Air Force Base Reuse Member NWP Governing Board (JPA) Member North Coast Counties Supervisors Association Member Redwood Empire Association -- Supervisors Unit Member Richardson Bay Regional Agency Member Steve Kinsey Gateway Improvement Authority Member, Board of Directors Marin County Capital Improvements Financing Authority Member, Board of Directors Marin County Housing Authority Member, Board of Commissioners Marin County Open Space District Member, Board of Directors Marin County Redevelopment Agency Member, Board of Commissioners Marin County Transit District Member, Board of Directors Association of Bay Area Governments (ABAG) Alternate, Executive Committee ABAG Finance Authority for Nonprofit Corporations Member Bay Conservation and Development Commission (BCDC) Alternate CSAC (Ag & Natural Resources Comm.) Member Community Development/Priority Setting Committee Alternate Emergency Services & Disaster Council Co-Director Family Self-Sufficiency Agency Member Local Agency Formation Commission (LAFCo) Alternate Major Crimes Task Force Oversight Committee Member Marin County-Corte Madera Public Library Authority Member Multi Agency Board Hamilton Air Force Base Reuse Alternate North Coast Counties Supervisors Association Alternate Redwood Empire Association -- Supervisors Unit Alternate NWP Governing Board Alternate Ross Valley Paramedic Authority Member, Board of Directors San Rafael Sanitation District Member, Board of Directors Harry J. Moore Gateway Improvement Authority Chair, Board of Directors Marin County Capital Improvements Financing Authority Chair, Board of Directors Marin County Housing Authority Chair, Board of Commissioners Marin County Open Space District Chair, Board of Directors Marin County Redevelopment Agency Chair, Board of Commissioners Marin County Transit District Chair, Board of Directors Association of Bay Area Governments (ABAG) Member, General Assembly/ Executive Committee ABAG Standing Committee (Legislation) Member City-County Relations Liaison/Budget Committee Member County Supervisors Association of California (CSAC) Alternate, Executive Committee CSAC Gov. Finance & Operations/Legislation Committees Member Countywide Planning Agency/Congestion Management Chair Local Agency Formation Commission (LAFCo) Member Harry J. Moore (Continued) Marin County-Corte Madera Public Library Authority Alternate Marin County Criminal Justice Committee Chair Marin Community Foundation Liaison Member Mental Health Advisory Board Alternate Multi Agency Board Hamilton Air Force Base Reuse Member Random Access Network (RAN) Board Member The vote on the pending motion was AYES: ALL Thereafter discussion ensued as to the status, responsibilities and funding of the Marin/Sonoma Mosquito and Vector Control District. #17 ADMINISTRATOR'S REPORT Teen Life Connections The Director of Health and Human Services announced the award of a grant from the State Department of Health Services in the amount of $450,000.00 for a new project to be called Teen Life Connections (TLC). Staff advised that the project will establish a collaboration of prevention and intervention health resources for Marin County adolescents and their families and outlined the objectives of TLC. Dr. Peters noted that the matter will be brought back in a couple of weeks with a formal request for the Board's receipt of the funding. Storm Damage Report The Director of Public Works gave an updated report on the road repairs on Sir Francis Drake Boulevard. He advised that after the selection of a contractor, it was felt that the slide should be repaired as fast as possible due to the forecast of more rain; therefore, instead of working the usual 40 hours per week, the crews worked three shifts 24 hours per day. They are now at the point where it may be possible to pave the road today, and it is hoped to be able to reopen the road within 48 hours to traffic. Supervisor Kinsey expressed his appreciation of the incredible commitment that has been brought to this project and stated that the whole department has done an outstanding job. #18 SUPERVISOR ROSE REQUESTING LETTER OF SUPPORT FOR HER APPOINTMENT TO THE CALIFORNIA COASTAL COMMISSION By letter dated January 8, 1997, Supervisor Rose requested the Board's endorsement of her application for appointment to the California Coastal Commission. She advised that the vacant seat originally held by former Supervisor Giacomini represents the three coastal counties of Marin, Sonoma and San Francisco and the appointment is made by Senator Bill Lockyer, Chairman of the Senate Rules Committee. Supervisor Rose asked that her name be forwarded as a candidate and that the name of Sonoma Supervisor Mike Reilly be included as an alternate. Thereafter M/s Kinsey-Kress, to authorize the Chairman to send a letter of support to Senator Lockyer for Supervisor Rose's appointment to the California Coastal Commission, and Sonoma Supervisor Mike Reilly's appointment as alternate. AYES: SUPERVISORS Kress, Kinsey, Rose, Moore NOES: SUPERVISOR Brown #19 ACCEPT MARIN COUNTY JOINT POWERS AUTHORITY EVALUATION STUDY, PHASE I REPORT AND REQUEST MARIN COUNTY COUNCIL OF MAYORS AND COUNCILMEMBERS (MCCMC) TO INITIATE PHASE II OF STUDY The Assistant County Administrator outlined the contents of her report dated January 14, 1997 regarding the above-captioned matter and responded to comments by Board members. Thereafter, M/s Rose-Kinsey, to accept the Phase I report and approve the initiation of Phase II of the Joint Powers Evaluation Study. AYES: ALL #20 REQUEST BY INFORMATION SERVICES TO TERMINATE MARKETING AGREEMENT WITH OCS TECHNOLOGIES AND AUTHORIZE CHAIR TO EXECUTE AGREEMENT WITH OCS REGARDING OWNERSHIP OF A CIVIL LITIGATION SYSTEM By letter dated December 31, 1996, the Director of Information Services requested approval to terminate a marketing agreement with OCS Technologies regarding the sale of CJIS and approval of an agreement with OCS regarding the ownership of a civil litigation system (CLS). The County Administrator and County Counsel responded to questions by Board members regarding the possibility of the County being a creditor in view of the bankruptcy filing of OCS Technologies. Thereafter, M/s Kress-Rose, to (1) terminate the marketing agreement with OCS Technologies in regards to the sale of CJIS, and (2) approve agreement between OCS and the County regarding the ownership of a civil litigation system (CLS). AYES: ALL #21 APPOINTMENTS Golden Gate Bridge, Highway & Transportation District Board of Directors M/s Rose-Kress, to invite the following candidates for the Public Member vacancy on this board to be interviewed January 28, 1997, at 10:00 a.m.: Raymond Buddie, Robert Burton, Dennis Gilardi, Grace Hughes, Bernard Meyers, David Schonbrunn, Robert Stockwell and Dietrich Stroeh. AYES: ALL Commission on Homelessness M/s Brown-Kress, to appoint Theodore Posthuma to the vacancy representing the Ross Valley area. AYES: ALL M/s Rose-Kress, to appoint Betsey Cutler to the vacancy representing Southern Marin. AYES: ALL Flood Control Zone #7 Advisory Board (Santa Venetia) At the request of Supervisor Kress, appointment to the vacancy on this board was continued to February 4, 1997. Flood Control Zone #4 Advisory Board (Bel Aire-Tiburon) At the request of Supervisor Rose, appointment to the 2 vacancies on this board were continued to January 28, 1997. Law Library Board of Trustees M/s Kress-Brown, to reappoint Steven Littman and Loren Carjulia as the Board of Supervisors' nominee and the Chairman's nominee, respectively, to this Board. AYES: ALL Mental Health Board M/s Kress-Brown, to appoint Andrew Small to the Consumer vacancy on this board. AYES: ALL In addition, scheduled appointment to the Public Interest vacancy on this board for February 4, 1997. Emergency Medical Care Committee Scheduled appointment to the vacancy on this committee representing a Voluntary Health Agency for February 4, 1997. Visitor Services Committee Scheduled appointment to the 11 vacancies on this committee for February 4, 1997. Aviation Commission Scheduled appointment to the District 2 vacancy on this commission for February 4, 1997. Residential Rehabilitation Loan Committee Scheduled appointment to the At Large vacancy on this committee for February 4, 1997. Major Crimes Task Force Oversight Committee Scheduled appointment to the At Large vacancy on this committee for February 4, 1997. Library Commission At the request of Supervisor Kinsey, scheduled appointment to the District 4 vacancy on this commission for February 18, 1997. #22 OPEN TIME FOR PUBLIC EXPRESSION No member of the public addressed the Board at this time. CONSENT CALENDAR: M/s Brown-Kress, to approve: C-1. Warrants: #491052-492239 dated January 2-8, 1997; Manual Warrants 9009-9010. C-2. Administrator: a. Authorize Chair to execute agreement with Scott McKown in the amount of $30,000.00 for development of County web site and MIDAS administration. b. Authorize Chair to execute agreement with Nicasio Volunteer Fire Department in the amount of $6,300.00 for maintenance of vehicles and equipment. C-3. Community Development Block Grant: a. Authorize Chair to execute amendment to contract with Homeward Bound of Marin. C-4. Information Services: a. Authorize Chair to execute amended agreement with Intranational Computer Consultants Inc. in the amount of $108,080.00 for maintenance and upgrades to the TAPIS program as part of the TAPIS conversion project. C-5. Library: a. Approve closure of the Marin City Library effective February 10, 1997, for relocation and approve revised hours of service for the new Marin City Library in the Gateway Shopping Center. AYES: ALL The Board recessed at 10:55 a.m., met in closed session at 11:30 a.m. to discuss instructions to labor negotiator pursuant to Government Code Section 54957(a), and recessed at 1:55 p.m. The Board reconvened in open session at 2:34 p.m. All Supervisors were present. The Chair reported that the Board met in closed session pursuant to Government Code Section 54957(a) and advised that no action was taken. #25 (CONTINUED) HEARING: YOON APPEAL OF THE PLANNING COMMISSION'S DENIAL OF THE YOON DESIGN REVIEW, 700 SHORELINE HIGHWAY, MILL VALLEY, APN 048-221-01, - 21 Senior Planner Thomas Lai summarized the information contained in his letter dated January 8, 1997, regarding the above-captioned item and recommended that, after review of the administrative record and conduct of a public hearing, the Board adopt the proposed resolution sustaining the Planning Commission's denial without prejudice of the Yoon Design Review. Mr. Lai reported that staff had not received any additional information to contradict the conclusions reached by the Planning Commission in denying this application; and advised that, should the Board choose to take action sustaining the appeal, either in part or in its entirety, findings required by the California Environmental Quality Act ("CEQA") must be made regarding the appropriateness of a negative declaration of environmental impact for the project. Mr. Lai noted that the Board members had been provided with copies of correspondence from a community resident. Thereafter, Mr. Lai advis ed that Community Development Agency and Public Works staff were present. The hearing was declared open to receive public testimony. Peter Zouras addressed the Board on behalf of the appellant, Dae-Woong Yoon. Mr. Zouras advised that he believed the Planning Commission's decision was based on the issue of traffic access and indicated that the ultimate decision regarding ingress and egress to the property would be made by Caltrans. Mr. Zouras discussed the lengthy application process, discussions with County and Caltrans staff, project redesign/studies to meet County requirements, private property rights, community concerns, illegal left turns, cumulative traffic and potential development in the neighborhood. Thereafter, Mr. Zouras responded to Supervisor Kress' inquiries regarding Caltrans and the Planning Commission's decision. A local resident and previous members of the Tamalpais Design Review Board and the Tamalpais Valley Community Plan Steering Committee addressed the Board in opposition to the appeal and expressed concerns regarding the proposed project's inconsistency with policies contained in the Tamalpais Area Community Plan, possible acquisition of undeveloped parcels in the area as open space, Caltrans/engineering considerations, traffic circulation hazards, public safety, visual impacts of the proposed structure, no safe mitigation for existing hazards, and urged that the Board sustain the Planning Commission's decision. It was requested that the Board create a study group to evaluate potential problems and set policy to assist staff in the future. Mr. Zouras responded that he believed the Board and the Planning Commission did not have the authority to deny this project on the basis that Mr. Yoon would make improvements that would ultimately benefit other properties in the area. Mr. Zouras advised that ingress/egress could be provided safely, noting that the final decision would be made by Caltrans, and indicated that a traffic study found an adequate margin for safety. The hearing was closed. Supervisor Rose advised that the subject property was located on a heavily traveled road, noting that there was a conflict between private property rights and public safety issues, and indicated that she believed adequate traffic mitigations had not been presented. M/s Rose-Kress, to adopt Resolution No. 97-07 sustaining the Planning Commission's denial without prejudice of the Yoon Design Review, Assessor's Parcel Nos. 048-221-01, -21. AYES: ALL The meeting was adjourned at 3:05 p.m. in memory of Erwin Williams. SINE DIE ____________________________________ CHAIR ATTEST: _______________________________ CLERK Marin County BOS Minutes 1 1/14/97