REGULAR MEETING OF THE MARIN COUNTY BOARD OF SUPERVISORS HELD TUESDAY, AUGUST 10, 2004, AT 10:08 A.M. PRESENT: SUPERVISORS Susan L. Adams, Harold C. Brown, Jr., Annette Rose, Cynthia L. Murray, Steve Kinsey, President 1. PRESENTATION OF "EMPLOYEE OF THE MONTH" AWARD, JULY 2004, TO CATHERINE CONDON OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES [Employee Recognition] Supervisor Brown announced that Catherine Condon of the Department of Health and Human Services was the "Employee of the Month" for July 2004. Supervisor Brown read a list of Ms. Condon's accomplishments and presented her with a cash award, a family pass to the Marin County Fair, a framed photograph of the Marin County Civic Center, an assigned parking space for the month or free parking pass to Marin County Parks, and an engraved plaque commemorating the occasion. Ms. Condon expressed appreciation to the Board and acknowledged the support of her colleagues. Health and Human Services Director Dr. Larry Meredith congratulated Ms. Condon and presented her with the Health and Human Services Shining Star Award. Supervisor Adams acknowledged Ms. Condon's efforts concerning addiction, recovery and prevention, maternal child health and youth leadership programs. Acting Chief of Alcohol and Drug Programs D. J. Pierce presented Ms. Condon with flowers and acknowledged her many contributions to the Department and the community. 2. APPROVAL OF MINUTES M/s Adams-Brown, to approve the minutes of the meeting of July 20, 2004, as circulated. AYES: ALL 3. BOARD OF SUPERVISORS' MATTERS In Memoriam [Memoriam] M/s Adams-Murray, to determine that the need to take action arose subsequent to the agenda being posted. AYES: ALL M/s Adams-Murray, to adjourn the meeting in memory of P.J. Gaier, brother of Human Resources Deputy Director Katie Gaier; George Kern, father-in-law of Administrative Aide Ron Ford; and Tom Orr, community activist in Southern Marin. AYES: ALL Consent Agenda Item CA-2c M/s Brown-Adams, to adjourn the meeting in memory of Dorothy Hughes, long-time community activist. AYES: ALL Supervisor Adams commented that Ms. Hughes shared many of the same passions as she; namely mental health, children's health and educational issues; and noted that Ms. Hughes touched countless lives in meaningful ways. Supervisor Kinsey noted that Dorothy Hughes made significant contributions to Marin County and requested Board members to consider making County facilities available for a memorial service if requested. M/s Rose-Murray, to adjourn the meeting in memory of Frank Phillips, Sr., longtime Marin City activist. AYES: ALL West Nile Virus Supervisor Murray gave a brief update on the preparations of Marin's West Nile Virus Task Force over the last two years, the latest information regarding the Virus in Marin County, and the County's response to date. Supervisor Murray noted that the Public Health Office is working closely with the Marin/Sonoma Mosquito and Vector Control District to ensure that precautions taken are in the public's best interest. Supervisor Murray advised that up-to-date information is posted on the County's website and is available by telephone at Health and Human Services' West Nile Line at (415) 499-3236 and the Communicable Disease Control Line at (415) 499-7805, 507-2623 or 499-6007. Supervisor Kinsey pointed out that West Marin is not currently within the Marin/Sonoma Mosquito and Vector Control District but noted that the District Board is working with the Local Agency Formation Commission ("LAFCo") to bring forward a ballot measure this fall to bring West Marin residents into the District. Staff Acknowledgement [Public Works] Supervisor Rose reported that she recently received a letter from a constituent praising Public Works staff for the wonderful job they are doing on a local road resurfacing project. 4. ADMINISTRATOR'S REPORT FY 2004-05 State Budget [Budget] County Administrator Mark Riesenfeld advised that subsequent to Marin County's budget hearings, the State budget was adopted and signed by the Governor. Mr. Riesenfeld reported that the adopted State budget eliminated approximately $300,000 to $400,000 in health and human services programs such as the Children's System of Care ("CSOC"), as well as revising the amount of money shifted to the State from local governments. Mr. Riesenfeld noted, however, that these alterations are not expected to require additional budget hearings but can be addressed through the normal budget adjustment process throughout the fiscal year. Supervisor Adams expressed concern regarding the possible loss of the Children's System of Care program. Mr. Riesenfeld advised that staff is monitoring actions at the state level to reinstate funding and will work with Marin County's Health and Human Services' staff for future needs. 5. OPEN TIME Point Tiburon Condominiums [Marin Housing Authority] An owner of a below market rate condominium at Point Tiburon spoke about the home ownership program and requested that a discussion of this issue be placed on a future Board of Supervisors' agenda. Supervisor Kinsey commented that the speaker had presented information at a previous Housing Authority meeting, at which time the Housing Authority's Executive Director was directed to research the issue and report back to the Board. In Memoriam [Memoriam] A member of the public spoke regarding previous comments by Supervisor Rose regarding the recent death of Frank Phillips, Sr., noting that he was an important figure in securing public housing for Marin City. 6. CONSENT CALENDAR A ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board and do not exceed $500,000 in cost.) Supervisor Kinsey requested that Consent Agenda Item CA-2d, regarding the adoption of a resolution recognizing the flag of the former Republic of Vietnam, be considered as part of the Policy Agenda, to be heard after Item 7. [Board of Supervisors] M/s Brown-Murray, to approve: CA-1. Declaration of Emergency: [AIDS] 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. This item was pulled from the Consent Calendar and considered separately under Item 3. [Memoriam] b. Supervisor Kinsey requesting resolution proclaiming the week of September 26-October 1, 2004, as "Marin Education Equity Week." [Proclamations] c. Request from Supervisors Kinsey and Murray to adopt Resolution No 2004-79 certifying that existing General Plan policies and County ordinances meet the California Wildlife Conservation Board's ("CWCB") requirements. This certification will allow the Marin Agricultural Land Trust ("MALT") to seek funds from the Conservation Board to support conservation easements to protect oak woodlands in Marin County. [MALT] d. This item was pulled from the Consent Calendar and considered separately following Item 7. CA-3. Community Development Agency: a. Authorize President to (1) execute Community Development Block Grant ("CDBG") agreement with the Ross Valley Ecumenical Housing Association, for site acquisition for Tam House II; and (2), subject to County Counsel review, to execute subordination agreement(s) and related documents that may be required by other sources of financing for this project. (Related to previous Board actions on May 8, 2001, item #14, and May 4, 2004, item #14.) [CDBG] b. Authorize President to execute Third Amendment to agreement with Nichols-Berman Environmental Planning, in an amount not to exceed $12,000 for a total contract amount of $131,589, for completion of the revised Environmental Impact Report ("EIR") for the revised Oakview Master Plan, Tentative Map and Use Permit. [Master Plan] CA-4. County Administrator: [Civic Center] Authorize President to execute agreement, in the amount of $81,150, with Royston, Hanamoto, Alley & Abey, for research, planning and development of a Master Use Guidelines document to be used for new facilities development on the Civic Center site. CA-5. County Counsel: Authorize President to execute agreement, in the amount of $200,000, with Porter, Scott, Weiberg, & Delehant for legal services in litigation entitled Chatoian v. County of Marin, et al. U.S. District Court Case No. C042790BZ. CA-6. Health and Human Services: NOTE: Agreement in items CA-6a and CA-6b are renewals of existing agreements that were included in and funded in the FY 2004-05 Budget. a. Authorize President to execute agreement with the State of California in the amount of $4,502 for costs associated with the administration of the AIDS Drug Assistance Program. [AIDS] b. Authorize President to execute 5-year (FY 2004-09) Chlamydia Awareness and Prevention Program ("CAPP") grant agreement (04-35753) with the California Department of Health Services, Sexually Transmitted Disease ("STD") Control Branch, in an amount not to exceed $7,888 per fiscal year, for "safe sex" information, outreach and marketing activities. c. Authorize President to execute the following FY 2004-05 agreements, totaling $846,352, to provide alcohol and drug prevention and treatment services for the Substance Abuse and Crime Prevention Act of 2000 ("SACPA") Program and Substance Abuse Treatment and Testing Act ("SATTA"): (1) Bay Area Community Resources ($17,008); (2) Henry Ohlhoff House North, Ohlhoff Recovery Programs ($122,856); (3) Center Point, Inc. ($160,957); (4) Family Service Agency of Marin ($62,430); (5) Marin Treatment Center ($51,133); (6) Community Action Marin - HVDC ($21,650); (7) Marin Services for Women ($221,558); (8) Teena Scovis-Weston ($35,360); (9) Elizabeth Stires ($52,000); and (10) Elizabeth Dandenell ($101,400). CA-7. Probation: [Leases] Request from the Chief Probation Officer to (a) authorize President to execute Marin Community Foundation Grant (Grant No. 2004-01761), in the amount of $133,073, to support the relocation of Mediation Services, a Division of the County Probation Department, to 30 North San Pedro; and (b) delegate authority to the County Administrator to execute tenant lease agreements. CA-8. Public Works: a. Approve temporary closure of Inverness Way between Park Avenue and Hawthornden Way, on Saturday, August 14, 2004, from 8:00 a.m. to 5:00 p.m. for the annual Inverness Village Fair. [Roads] b. Approve purchase of electronic monitoring services and equipment for the Probation Department, in an amount not to exceed $46,903, from Securicor/EMS, Inc. of Rancho Santa Margarita, CA, using Contract No. 14600 under the Western States Contracting Alliance ("WSCA") Program. CA-9. Treasurer: a. Monthly report of County, Schools, and District Investments as of June 30, 2004. b. Authorize President to execute Deferred Compensation Plan Administration Agreement with Nationwide Financial Services, Inc. providing for Nationwide to be the sole administrator for the County's Deferred Compensation Plan. AYES: ALL 7. CONSENT CALENDAR B ("Consent Calendar B" reflects those agenda items requiring a 4/5th vote relating to budgetary matters.) M/s Adams-Murray, to approve: CB-1. Fund Transfers: Request from the Auditor-Controller to approve Transfer of Funds for the purpose of establishing CDBG, HOME, and HOPWA appropriations and revenues for fiscal year 2004/2005 through the Reserve for Contingencies providing for Federal Grants funding requirements - $6,555,526. (4/5 vote) CB-2. Health and Human Services: a. Request from the Health and Human Services Director to (1) authorize President to execute Local Funding agreement, in the amount of $201,048; and (2) approve Transfer of Funds increasing appropriations in the Health and Human Services Department, Division of Public Health, Bioterrorism Preparation and Response, Special Fund account ($8,738) and the Miscellaneous Expense account ($148,680), offset by a grant from the California Department of Health Services, Health Resources and Services Administration ("HRSA") for the Other Miscellaneous Income account ($157,418), providing funds to expand the capacity of local governments to respond to bioterrorist and other medical emergencies. (4/5 vote) b. Request to (1) authorize Chief, Marin County Division of Alcohol, Drug and Tobacco Programs, to execute subcontract agreement with the San Diego State University Foundation - Communities Trials Project; (2) authorize President to execute agreement with the Youth Leadership Institute, in the amount of $11,482, to assist in implementing the EUDL Project; and (3) approve Transfer of Funds increasing appropriations in Health & Human Services, Alcohol & Drug Program, Enforcement of Underage Drinking account ($13,477), offset by Federal funds for the Drug Fed. Cat. No. 84.186 account ($13,477) in order to implement the Enforcing Underage Drinking Laws ("EUDL") Program in Novato. (4/5 vote) CB-3. Sheriff: Request from the Sheriff to (a) authorize purchase of Herman Miller Ethospace System office furniture, from Coordinated Resources, Inc., ("CRI") under the existing contract approved by the Board April 10, 2001; and (b) approve Transfer of Funds increasing appropriations in Sheriff's Civil Division, Furniture & Fixtures account ($70,000), offset by a transfer from the Sheriff's Civil Special Fund into the Other Miscellaneous Income account ($70,000) for the purchase of Herman Miller Etho space furniture. (4/5 vote) AYES: ALL CA-2d. SUPERVISOR KINSEY REQUESTING TO ADOPT A RESOLUTION RECOGNIZING THE FLAG OF THE FORMER REPUBLIC OF VIETNAM AS THE OFFICIAL FLAG OF THE VIETNAMESE PEOPLE OVERSEAS [Board of Supervisors] M/s Murray-Adams, on behalf of Supervisor Kinsey, to adopt Resolution No. 2004-77 recognizing the flag of the former Republic of Vietnam, consisting of three red horizontal stripes on a field of gold, as the official flag of the Vietnamese-American community. AYES: ALL Several members of the Vietnamese-American Friendship Group in San Rafael expressed gratitude to the Board for adopting this resolution, for supporting the Vietnamese-American community and presented gifts of the American and Vietnamese flags to Board members. Supervisor Kinsey recognized the 3,500 Vietnamese living in Marin County and acknowledged the value of diversity in the County. 8. REQUEST FROM THE SHERIFF'S DEPARTMENT, OFFICE OF EMERGENCY SERVICES, TO ACCEPT STATE HOMELAND SECURITY GRANT FROM THE GOVERNOR'S OFFICE OF EMERGENCY SERVICES, IN THE AMOUNT OF $1,028,936, TO FURTHER DEVELOP MUTUALLY SUPPORTIVE PROGRAMS THROUGH EQUIPMENT AND TRAINING THAT MAXIMIZE EFFECTIVE RESPONSE CAPABILITY IN THE EVENT OF A TERRORIST EVENT [Sheriff] By letter dated August 10, 2004, Sheriff Robert Doyle submitted his report and recommendations regarding the above- captioned matter. M/s Brown-Adams, to accept the State Homeland Security Grant, in the amount of $1,028,936, and approve the Transfer of Funds increasing appropriations in the Office of Emergency Services Grant, State Homeland Security organization, Miscellaneous Expense 1 account ($189,861), Special Programs account ($534,823), Miscellaneous Expense 2 account ($24,447), Special Equipment account ($249,672), and in the Emergency Services Agency increase appropriations in the Overtime account ($30,133), all offset by Federal Homeland Security Grants for the OES Grant, Other Aid Federal account ($1,028,936). AYES: ALL 9. REQUEST FROM THE COMMUNITY DEVELOPMENT AGENCY TO TAKE ACTIONS, SUBJECT TO COUNTY COUNSEL REVIEW, RELATED TO THE DEVELOPMENT OF HAMILTON TRANSITIONAL HOUSING, PHASE 2 [Community Development Block Grant] By letter dated August 10, 2004, Community Development Coordinator Roy Bateman submitted his report and recommendations regarding the above-captioned matter. M/s Murray-Brown, to: a. (1) authorize President to execute a HOME Investment Partnerships Program agreement, in the amount of $1,375,000, with Hamilton Continuum Partners II, L.P.; (2) authorize staff to modify the wording of the proposed agreement prior to execution; and (3) authorize President to execute subordination agreement(s) and related documents required by other sources of financing for this project. b. (1) authorize President to execute a Community Development Block Grant ("CDBG") agreement, in the amount of $722,628, with Hamilton Continuum Partners II, L.P.; (2) authorize staff to modify the wording of the proposed agreement prior to execution; and (3) authorize President to execute subordination agreement(s) and related documents required by other sources of financing for this project. c. (1) authorize President to execute a Housing Opportunities for Persons with AIDS Program ("HOPWA") agreement, in the amount of $50,000, with Hamilton Continuum Partners II, L.P.; (2) authorize staff to modify the wording of the proposed agreement prior to execution; and (3) authorize President to execute subordination agreement(s) and related documents required by other sources of financing for this project. Mr. Bateman commented that this project is affected by the suspension of the Marin Housing Authority's Section 8 Program by the U. S. Department of Housing and Urban Development ("HUD") but noted that the Housing Authority has requested a waiver in order to proceed. Mr. Bateman clarified that these agreements would be implemented only after a waiver from HUD is granted or some substitute source of financing has been obtained. Thereafter, the vote on the pending motion was AYES: ALL CA-9b. (CONTINUED) AUTHORIZE PRESIDENT TO EXECUTE DEFERRED COMPENSATION PLAN ADMINISTRATION AGREEMENT WITH NATIONWIDE FINANCIAL SERVICES, INC. PROVIDING FOR NATIONWIDE TO BE THE SOLE ADMINISTRATOR FOR THE COUNTY'S DEFERRED COMPENSATION PLAN [Treasurer] Treasurer-Tax Collector Michael Smith acknowledged the efforts of the Deferred Compensation Committee, briefly summarized the proposed Administration Agreement, noting that it will save employees approximately $75.00 per year in administrative fees, and introduced two representatives from Nationwide Financial Services, Inc. 10. REQUEST FROM THE DIRECTOR OF HEALTH AND HUMAN SERVICES TO AUTHORIZE PRESIDENT TO EXECUTE FY 2004-05 AGREEMENTS WITH VARIOUS SERVICE PROVIDERS TO PROVIDE ALCOHOL AND DRUG PROGRAM PREVENTION AND TREATMENT SERVICES (TOTAL AMOUNT OF ALL THE AGREEMENTS IS $3,677,395) [Health and Human Services] By letter dated August 10, 2004, Health and Human Services Director Dr. Larry Meredith submitted his report and recommendations regarding the above-captioned matter and advised that staff is in the process of evaluating all providers and will be presenting more comprehensive information on contract performance in the future. M/s Brown-Adams, to authorize the President to execute the following agreements: (a) Bay Area Community Resources ($79,968); (b) Bay Area Community Resources ($82,173); (c) Bay Area Community Resources ($46,490); (d) Center Point ($377,078); (e) Center Point ($932,390); (f) Community Action Marin ($387,000); (g) Family Institute of Marin ($45,907); (h) Family Services Agency of Marin ($91,684); (i) Huckleberry Youth Programs ($32,534); (j) Marin County Office of Education ($60,000); (k) Marin Services for Women ($411,893); (l) Marin Treatment Center ($731,578); (m) MK Associates ($35,000); (n) MK Associates ($20,828); (o) O'Rorke, Inc. ($40,000); (p) P. Amanda Stone ($27,300); (q) Youth Leadership Institute ($120,000); and (r) Youth Leadership Institute ($155,572). Supervisor Adams noted that she is looking forward to staff's development of outcome-based evaluations to insure that contractors are providing services and meeting criteria as set by the County, as well as the ability to track how much money is being provided to each contractor from various budget sources. Thereafter, the vote on the pending motion was AYES: ALL 11. REQUEST FROM THE HUMAN RESOURCES DEPARTMENT TO APPROVE TENTATIVE THREE YEAR SUCCESSOR AGREEMENT, EFFECTIVE JULY 18, 2004, WITH TEAMSTERS LOCAL 856 [MAPE/Unions] Pursuant to the recommendation of Human Resources Director Laura Armor in her letter dated August 10, 2004, M/s Murray-Brown, to approve a tentative three-year successor agreement with Teamsters Local 856, effective July 18, 2004. AYES: ALL 12. REQUEST FROM THE HUMAN RESOURCES DIRECTOR TO ADOPT THE REVISED CLASS SPECIFICATION AND SALARY RANGE OF EPIDEMIOLOGIST (CLASS #1037), EFFECTIVE AUGUST 15, 2004 [Human Resources] Pursuant to the recommendation of Human Resources Director Laura Armor in her letter dated August 10, 2004, M/s Adams-Brown, to approve the revised class specification and expanded salary range for Epidemiologist (#1037), effective August 15, 2004. Ms. Armor submitted a revised job specification to clarify travel requirements. The maker and seconder of the motion agreed to amend the motion to approve the revised job specification. Thereafter, the vote on the pending motion was AYES: ALL 13. REQUEST FROM THE AUDITOR-CONTROLLER TO ADOPT A RESOLUTION AUTHORIZING TEMPORARY TRANSFER OF FUNDS, IN AN AMOUNT NOT TO EXCEED $7,813,407, TO THE MILL VALLEY SCHOOL DISTRICT FOR MEETING OBLIGATIONS INCURRED FOR MAINTENANCE PURPOSES FOR FY 2004-05 [Schools] Pursuant to the recommendation of Auditor-Controller Richard Arrow in his letter dated August 10, 2004, M/s Brown-Murray, to adopt Resolution No. 2004-80 authorizing the temporary transfer of funds, in an amount not to exceed $7,813,407, to the Mill Valley School District for meeting obligations incurred for maintenance purposes for FY 2004-05. AYES: ALL 14. APPOINTMENTS a. Alcohol & Drug Advisory Board Scheduled appointments for September 14, 2004, for three At-Large vacancies due to the resignations of Teresa Wilson Crosbie, Lee Marken and Christina Maria Torres. b. Bel Marin Keys Planning Advisory Board M/s Murray-Rose, to appoint Donald White to a vacancy representing the Board of Supervisors. AYES: ALL c. Board of Appeals Scheduled appointment for September 14, 2004, for one term expiration representing Property Owners (Lawrence Hoytt, incumbent). d. Health Council of Marin 1. M/s Rose-Adams, to appoint Nancy West to a vacancy representing Providers due to the resignation of Lynn Winter. 2. Scheduled appointment for September 14, 2004, for one vacancy representing Providers due to the resignation of Beth Wotton. AYES: ALL e. Housing Authority Board of Commissioners M/s Murray-Brown, to reappoint Robert Gallimore and Hazel Goff. Applicant Karen Ashby expressed her opinion that the incumbents have a conflict of interest and requested that the Board consider her appointment as a Commissioner. In response to the speaker's comments, Supervisor Rose advised that she had received a memorandum from the previous Housing Authority Director with an opinion from the Marin Housing Authority's legal counsel advising that the two incumbents do not have a conflict of interest. Supervisor Rose further advised that she will refer this question to the new Housing Authority Director and, if a conflict is deemed to exist, the appointments can be reopened. Supervisor Adams thanked the speaker for her interest and noted that there are many opportunities to serve the community. Thereafter, the vote on the pending motion was AYES: ALL Supervisor Kinsey requested that the new Housing Authority Director review this issue and report back to the Board. f. Wildlife & Fisheries Committee Scheduled appointment for September 14, 2004, for one term expiration representing Commercial Fishermen (Josh Churchman, incumbent). g. Workforce Investment Board Scheduled appointment for September 14, 2004, for two vacancies as follows: one seat representing an Economic Development Agency due to the resignation of Aurora Roland and one seat representing an Educational Institution/One Stop Partner due to the resignation of Anne Farrah. 15. REQUEST FROM THE DEPARTMENT OF PUBLIC WORKS TO AUTHORIZE THE AUDITOR-CONTROLLER TO FUND A LOAN FROM THE COUNTY TO THE MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, IN AN AMOUNT NOT TO EXCEED $1,000,000, TO BE REPAID OVER SIX YEARS WITH INTEREST, TO PROVIDE FUNDS FOR THE REPLACEMENT OF PUMP STATION #1 IN FLOOD CONTROL ZONE 7, SANTA VENETIA [Flood Control and Water Conservation District] By letter dated August 10, 2004, Public Works Director Farhad Mansourian submitted his report and recommendations regarding the above-captioned matter. County Administrator Mark Riesenfeld requested that execution of a loan agreement by the President should be a part of the action on this item. Thereafter, M/s Adams-Murray, to authorize the President to execute loan agreement and authorize the Auditor-Controller to fund a loan from the County to the Marin County Flood Control and Water Conservation District ("MCFCWCD"), in an amount not to exceed $1,000,000, to be repaid over six years with interest, to provide funds for the replacement of Pump Station #1 in Flood Control Zone 7, Santa Venetia. AYES: ALL Supervisor Adams advised that a property assessment, to repay the loan for replacement of this pump station, was approved by the Santa Venetia community last November. The Board recessed at 11:21 a.m. to meet as the Marin County Flood Control and Water Conservation District Board of Supervisors and the Marin County Open Space District Board of Directors and reconvened at 11:27 a.m. All Supervisors were present. 18. REQUEST TO AUTHORIZE THE PUBLIC WORKS DIRECTOR, OR HIS DESIGNEE, TO ACCEPT A FEDERAL AVIATION ADMINISTRATION ("FAA") GRANT, IN THE ANTICIPATED AMOUNT OF $1,500,000, FOR PREPARATION OF AN ENVIRONMENTAL IMPACT STATEMENT ("EIS") FOR THE GNOSS FIELD RUNWAY EXTENSION PROJECT [Airport] Pursuant to the recommendation of Program Manager Jeff Rawles in his letter dated August 10, 2004, M/s Murray-Brown, to authorize the Public Works Director, or his designee, to accept a Federal Aviation Administration ("FAA") grant, in the anticipated amount of $1,500,000, for preparation of an Environmental Impact Statement ("EIS") for the Gnoss Field Runway Extension project. Mr. Rawles responded to questions from the Board and advised that all of the $1,500,000 is expected to be spent on the preparation of an EIS and stated that the proposed runway extension is 1100 feet. AYES: ALL The Board recessed at 11:30 a.m. to meet in closed session. 19. CLOSED SESSION [Board of Supervisors] The Board met at 11:45 a.m. in closed session for a conference with legal counsel regarding anticipated litigation pursuant to California Government Code Section 54956.9(b)(1). Number of Potential Cases: One (1). The Board recessed at 1:00 p.m. and reconvened in open session at 1:43 p.m. All Supervisors were present. The President reported that the Board met in closed session and advised that there was no announcement at this time. 20. HEARING: POPAL APPEAL OF THE PLANNING COMMISSION DECISION TO DENY THE GHAZI DESIGN REVIEW, 49 BRET HARTE ROAD, SAN RAFAEL (ASSESSOR'S PARCEL 018-123-08) [Community Development Agency] By letter dated August 10, 2004, Community Development Agency Director Alex Hinds and Principal Planner Ben Berto submitted their report and recommendations regarding the above-captioned matter. Mr. Hinds reported on the results of the Board directed mediation involving property owner Mahmood Ghazi, the two most affected neighbors (Nancy and Steven Pollock, and Fanny Rifkin) and the neighborhood homeowners association, the Bret Harte Heights Association ("HOA"). Mr. Hinds advised that the mediation resulted in the parties agreeing to a resolution of the matter which is reflected in the proposal before the Board. Mr. Hinds recommended that the Board conditionally approve the Popal/McEachron Design Review application with various conditions amending the project, including landscaping, noise reduction, view protection, light screening, and other modifications, and advised that these Conditions of Approval are included in the proposed resolution. Deputy County Counsel David Zaltsman advised that language regarding additional landscaping has been added to the proposed resolution on page 4, paragraphs IX and X. Mr. Zaltsman noted that as a result of the mediation, neighbors Pollock and Rifkin and HOA President Neil Moran, have signed an agreement stating that they support the Board making the determination that the project is entitled to Design Review approval. Mr. Hinds noted that the last sentence under Condition item 23, BEFORE FINAL INSPECTION, should be corrected to read "Failure to pass inspection will result in withholding of the final occupancy certificate and imposition of hourly fees for subsequent reinspections." The hearing was declared open to receive public comment. Several residents of the Bret Harte neighborhood addressed the Board and expressed concerns regarding the project being misleading and unjust, and expressed apprehension regarding the lack of proper drainage. One resident questioned the different building permit criteria for the County of Marin and the City of San Rafael. Attorney Mary McEachron, representing property owner Mahmood Ghazi and appellant Fakoor Popal, spoke in favor of the proposed plan, and read a letter from HOA President Neil Moran regarding the Association's support of this settlement. Attorney Dotty LeMieux, representing property owners Nancy and Steven Pollock, expressed support for the proposed plan, and thanked the Community Development Agency ("CDA") and the Board for helping facilitate the mediation process. Property owners Mr. and Mrs. Pollock and Ms. Rifkin briefly described the course of events over the past 12 months and expressed the personal impact the development has had on their lives. The property owners spoke in favor of the proposed plan and urged the County to enforce the conditions relating to the settlement agreement and take appropriate action when necessary. Dennis Drake, property owner of 55 Bret Harte Road, expressed concern regarding stability of the site and the negative impacts of the proposed landscaping, and stated that the proposed agreement does not address his concerns regarding landslides. Seeing no one else present to speak, the hearing was closed. Mr. Hinds responded to a question from Supervisor Brown and stated that the project must be completed before the receipt of the "final occupancy certificate." Supervisor Brown asked staff to report back to him on the progress of the settlement conditions and stated that he was disappointed but understood this to be the best possible outcome. M/s Brown-Murray, to adopt Resolution No. 2004-78 denying in part and approving in part an Appeal and Design Review for 49 Bret Harte Road, San Rafael, Assessor's Parcel 018-123-08. Mr. Zaltsman responded to a request for clarity from Supervisor Murray and stated that this house was legally processed under a building permit until it surpassed the 4000 square foot limit subjecting it to a design review, and further advised that the County believes the findings for design review can be made for this house as is and that it does comply with the zoning and floor area ratio ("FAR"). Mr. Hinds responded to a question from Supervisor Murray regarding an updated building permit process to include increased verification requirements, additional fees that would allow a charge for the cost of processing up to 4 permits, and the introduction of residential design guidelines for hillsides as well as flat parcels of land. Mr. Zaltsman responded to a question from Supervisor Adams regarding Condition #26, pertaining to grading, drainage, and retaining wall construction and stated that the Department of Public Works ("DPW") will inspect the site improvements prior to the final inspection by the Building Inspection and Safety Division. Ms. McEachron stated that the work will be done in 60 days although the County is allowing 90 days for completion of the modifications. Mr. Zaltsman responded to a question from Supervisor Adams regarding the 90 day timeframe and stated that if completion of the modifications is not done in 90 days, all rights could lapse. Mr. Berto reaffirmed that this project will be monitored very closely. In response to Supervisor Adams' question regarding the prevention of future noncompliance with the building permit process, Mr. Hinds advised that he has instructed staff to report any significant violations to the Planning Commission. Thereafter, the vote on the pending motion was AYES: ALL The meeting was adjourned at 2:20 p.m. in memory of P. J. Gaier, Dorothy Hughes, George Kern, Tom Orr, and Frank Phillips, Sr. SINE DIE ___________________________________ PRESIDENT ATTEST: _______________________________ CLERK Continued Marin County BOS Minutes 1 8/10/2004 Marin County BOS Minutes 2 8/10/2004 Continued Marin County BOS Minutes 4 8/10/2004 Marin County BOS Minutes 5 8/10/2004 Continued Marin County BOS Minutes 8 8/10/2004 Marin County BOS Minutes 9 8/10/2004 Marin County BOS Minutes 10 8/10/2004 Continued Marin County BOS Minutes 11 8/10/2004 Marin County BOS Minutes 12 8/10/2004