REGULAR MEETING OF THE MARIN COUNTY BOARD OF SUPERVISORS HELD TUESDAY, JUNE 18, 1996, AT 8:30 A.M. PRESENT: SUPERVISORS Harry J. Moore, Gary Giacomini, Annette Rose, John B. Kress, Harold C. Brown, Jr., Chairman RE: CLOSED SESSION The County Administrator requested that the Board also meet in closed session today to discuss litigation pursuant to Government Code Section 54956.9(a). Thereafter, M/s Moore-Rose, to determine that the need to take action arose subsequent to the agenda being posted. AYES: ALL M/s Moore-Rose, to meet in closed session this morning to discuss litigation pursuant to Government Code Section 54956.9(a). AYES: ALL The Board met in closed session at 8:31 a.m. to discuss instructions to labor negotiator pursuant to Government Code Section 54957.6 and litigation pursuant to Government Code Section 54956.9(a). The Board recessed at 9:35 a.m. and reconvened in open session at 10:04 a.m. at which time were PRESENT: SUPERVISORS Harry J. Moore, Annette Rose, John B. Kress, Harold C. Brown, Jr., Chairman ABSENT: SUPERVISOR Gary Giacomini The Chairman reported that the Board met in closed session and advised that there was no announcement at this time. The Board recessed at 10:05 a.m. to meet as the Marin County Open Space District Board of Directors and reconvened as the Board of Supervisors at 10:09 a.m. Supervisor Giacomini was absent. #4 RESOLUTIONS OF INTENTION FOR STINSON BEACH, STRAWBERRY POINT, RUSH CREEK AND CYPRESS HOLLOW LANDSCAPING AND LIGHTING DISTRICTS The County Administrator noted that this item was placed on the Open Space District's portion of the agenda in error and required action by the Board of Supervisors. Pursuant to recommendation of the Assistant Director of the Department of Parks, Open Space and Cultural Services in his letter dated June 18, 1996, M/s Moore-Kress, to approve the following: (a) Approve the 1996-97 Engineer Reports for Zone 15 - Stinson Beach Landscaping and Lighting District, Zone 6 - Strawberry Point Landscaping and Lighting District, Zone 16 - Rush Creek Landscaping and Lighting District, and Zone 14 - Cypress Hollow Landscaping and Lighting District; and instruct the Clerk of the Board to file said reports. (b) Adopt the following Resolutions of Intention: (i) Resolution No. 96-71 to maintain and operate a landscaping and lighting district for Stinson Beach under the Marin County Landscaping and Lighting Assessment District; (ii) Resolution No. 96-72 to maintain and operate a landscaping and lighting district for Strawberry Point under the Marin County Landscaping and Lighting Assessment District; (iii) Resolution No. 96-73 to maintain and operate a landscaping and lighting district for Rush Creek under the Marin County Landscaping and Lighting Assessment District; and (iv) Resolution No. 96-74 to maintain and operate a landscaping and lighting district for Cypress Hollow under the Marin County Landscaping and Lighting Assessment District. (c) Set public hearing for July 16, 1996, at 11:00 a.m., and instruct the Clerk of the Board to publish the Notices of Public Hearing in a newspaper of general circulation in Marin County. AYES: ALL ABSENT: SUPERVISOR Giacomini The Board recessed at 10:10 a.m. to meet as the Marin County Redevelopment Agency Board of Commissioners and reconvened at 10:11 a.m. Supervisor Giacomini was absent. #8 APPROVAL OF MINUTES M/s Moore-Kress, to approve the minutes of the meeting of June 4, 1996, as circulated. AYES: ALL ABSENT: SUPERVISOR Giacomini #9 BOARD OF SUPERVISORS' MATTERS No Board of Supervisors' matters were presented at this time. #10 ADMINISTRATOR'S REPORT July 9, 1996, Board Meeting The County Administrator reported that two Board members would not be present and recommended that no Board meeting be held on July 9, 1996; thereafter, the Board members agreed to cancel the meeting. Item 12, Presentation by the Convention and Visitor's Bureau The Administrator advised that a request had been received to hold item 12 and recommended that this item be removed from today's agenda. Item C-11f, Department of Public Works, Award of Contract The Administrator advised there was a problem with the bids for the Sir Francis Drake Boulevard Roadway Rehabilitation and Miscellaneous Improvements, Phase One, and reported that the Department of Public Works requested that this item be held for future consideration. Item 22, Fund Transfers The Administrator noted that the Auditor-Controller submitted a revised letter for item 22 which includes an additional transfer of funds. Thereafter, M/s Moore-Rose, to determine that the need to take action arose subsequent to the agenda being posted. AYES: ALL ABSENT: SUPERVISOR Giacomini M/s Moore-Rose, to include an additional fund transfer releasing a prior year encumbrance in the Department of Public Works Miscellaneous Parts account and appropriated through the Reserve for Contingencies to provide for current year expenses in the Department of Public Works Miscellaneous Parts account ($870.00) under item 22 on today's agenda. AYES: ALL ABSENT: SUPERVISOR Giacomini Elections Department, Release of 1995 Encumbrance The County Administrator reported that the County Clerk/Registrar of Voters submitted his letter dated June 14, 1996, requesting release of a 1995 encumbrance to Sequoia Pacific Systems Corporation in the Elections budget to purchase furniture for the Elections Department. In response to Supervisor Moore's inquiry, the Administrator advised that new furniture was needed to accommodate the move of the Elections Department into a differently configured area and indicated that the Board must take action today in order for the furniture to be in place and assembled before the scheduled move the week of July 1. M/s Moore-Rose, to determine that the need to take action arose subsequent to the agenda being posted. AYES: ALL ABSENT: SUPERVISOR Giacomini M/s Moore-Rose, to approve release of 1995 encumbrance 95001X02365 Sequoia Pacific Systems for $19,403.49 in fund 102, account 151, object 499, to purchase furniture for the Elections Department. The new payee will be Marin Office Supplies. AYES: ALL ABSENT: SUPERVISOR Giacomini #11 PRESENTATION OF THE MARIN WOMEN'S COMMISSION 1995 ANNUAL REPORT Cathy Hyatt Hills, Commission Chair, presented the Marin Women's Commission's 1995 Annual Report and discussed the organizational improvements and accomplishments of the Commission during 1995. The Chairman expressed gratitude to Ms. Hyatt Hills and the Commission for their excellent work. #13 REPORT FROM THE DIRECTOR OF HEALTH AND HUMAN SERVICES ON MAJOR HEALTH AND WELFARE ISSUES IN WASHINGTON AND SACRAMENTO Dr. Thomas Peters, Director of Health and Human Services, presented copies of his speaking notes regarding the above-captioned item to the Board members and discussed pending federal and state issues related to "mini-reform", immigration reform, tobacco regulation and litigation, court ruling on Proposition 187, prenatal care, the "Wisconsin Model", job training/GAIN funding, significant cost-shifts to county, and the restructuring plan. Dr. Peters advised that key issues pending in Washington and Sacramento would have an enormous impact on the health and welfare of Marin residents and the County budget. Dr. Peters reported that, at Supervisor Moore's request, he provided the California State Association of Counties ("CSAC") Committee with copies of the Chairman's letter regarding immigration reform. Thereafter, Dr. Peters requested that the Board send letters to the appropriate parties outlining the County's concerns. In response to the Chairman's inquiry, the Administrator advised that County Counsel was in the process of reviewing a request by the County of San Francisco to join its lawsuit against the tobacco industry. Supervisor Rose requested that Dr. Peters and his staff work with the Marin Community Foundation regarding available grant funds and the possible redirection of limited funding to better serve the community. M/s Rose Kress, to authorize the Chairman to execute letters to: (a) Governor Wilson and the legislature regarding state funds to counties when federal eligibility is terminated (for example, immigrants excluded from Medicaid, or exclusions from SSI). (b) State legislature's Conference Committee in support of full GAIN funding. AYES: ALL ABSENT: SUPERVISOR Giacomini #14 SUPERVISOR MOORE REQUESTING APPROVAL OF A LETTER IN SUPPORT OF FUNDING FOR A FEASIBILITY STUDY FOR HAMILTON ARMY AIRFIELD M/s Moore-Rose, to authorize the Chairman to execute a letter in support of Coastal Conservancy funding for a feasibility study for use of dredged material on the Hamilton runway site. Supervisor Moore responded to his colleagues' inquiries regarding the total cost of the pre-project feasibility study and the source of funding. Thereafter, the vote on the pending motion was AYES: ALL ABSENT: SUPERVISOR Giacomini #15 SUPERVISOR KRESS REQUESTING APPROVAL OF A RESOLUTION TO SUBMIT A JOINT APPLICATION WITH CALTRANS AND THE COUNTY TO EXTEND THE OPERATING HOURS FOR THE NORTHBOUND AND SOUTHBOUND HIGH OCCUPANCY VEHICLE LANES Supervisor Kress advised that "rush hour" traffic/congestion in Marin County lasts longer than the current operating hours for the northbound and southbound High Occupancy Vehicle ("HOV") lanes, noting that Marin was the only Bay Area county permitting two people to qualify for use of HOV lanes, and requested that his colleagues endorse extending the operating hours for HOV lanes to three hours. The Supervisor requested that the fifth "Whereas" paragraph of the proposed resolution be amended to read: "WHEREAS, it would be appropriate to expand the southbound operating hours by one-half hour in the morning and the northbound operating hours by one-half hour in the evening. M/s Kress-Rose, to adopt Resolution No. 96-75 to direct staff to submit a joint application with the City of San Rafael to Caltrans to extend the operating hours for the northbound and southbound High Occupancy Vehicle Lanes, as amended. The Administrator reported that Supervisor Giacomini requested that his support of agenda items 15 and 16 be indicated in the record. Supervisor Moore voiced his concerns regarding public involvement in the decision-making process and requested that this item be continued for a few weeks to allow an opportunity for people to become more familiar with the issue and potential impacts on the community. Supervisor Kress responded that the public would have an opportunity for comment and input before the HOV lane operating hours were changed by Caltrans. The meeting was opened for public comment. A Novato resident noted that Los Angeles has 24-hour HOV lanes. The vote on the pending motion was AYES: SUPERVISORS Rose, Kress, Brown NOES: SUPERVISOR Moore ABSENT: SUPERVISOR Giacomini #16 SUPERVISOR KRESS REQUESTING APPROVAL OF A RESOLUTION ENDORSING IN CONCEPT THE SOUTHBOUND HIGH OCCUPANCY VEHICLE LANE ALTERNATIVE FOR THE PROPOSED U.S. 101 GAP CLOSURE PROJECT Supervisor Kress advised that this item was a companion to item 15. The Supervisor reported that Caltrans was preparing a draft EIR/EIS for the US 101 HOV Lane Gap Closure Project, noting limited financing available for the project, and urged that his colleagues vote to endorse, in concept, the continuous southbound HOV lane alternative for the Gap Closure Project, subject to any mitigations required in the Final EIR/EIS. M/s Kress-Rose, to adopt Resolution No. 96-76 endorsing in concept the southbound HOV lane alternative for the proposed US 101 Gap Closure Project. Supervisor Rose reported that this concept was explained in detail at the Transportation Forum held in her district in March and indicated that she believed her district was thoroughly informed about potential impacts. Supervisor Moore advised that he had received very little information regarding this issue and did not feel his district had been adequately informed. The meeting was opened to receive public comment. A San Rafael resident expressed concern regarding the various alternatives currently being considered by Caltrans and urged that the Board work with the City of San Rafael and Caltrans to involve the public in the decision-making process. Supervisor Kress responded that the proposed resolution states that the Board "does not want to prejudice the outcome of the Draft EIR/EIS, but feels very strongly that the continuous southbound HOV Lane alternative would provide the greatest benefit for those who must commute in San Rafael." and indicated that there would be an opportunity for public comment in the EIR/EIS process. The vote on the pending motion was AYES: SUPERVISORS Rose, Kress, Brown NOES: SUPERVISOR Moore ABSENT: SUPERVISOR Giacomini #17 APPOINTMENT OF REPRESENTATIVE AND ALTERNATE TO THE REVISED HAZARDOUS AND SOLID WASTE MANAGEMENT JOINT POWERS AUTHORITY BOARD OF DIRECTORS Pursuant to recommendation of the Chairman in letter dated June 13, 1996, M/s Rose-Moore, to appoint Martin J. Nichols as the representative and Chairman Brown as the alternate to the Revised Hazardous and Solid Waste Management Joint Powers Authority Board of Directors. AYES: ALL ABSENT: SUPERVISOR Giacomini #18 RESPONSE TO THE GRAND JURY RECOMMENDATIONS RELATED TO THE EMERGENCY DISASTER PREPAREDNESS IN MARIN COUNTY M/s Rose-Moore, to adopt the following responses to the Grand Jury's Final Report on Emergency Disaster Preparedness in Marin County as adequate and direct the clerk to forward responses to the Presiding Judge: Assistant County Administrator in his letter dated June 14, 1996; Lt. Ken Froberg, Sheriff's Department, in memorandum dated January 8, 1996; Fire Chief H.S. Rowan in letter dated February 6, 1996; and Frances Brigmann, Director of Parks, Open Space and Cultural Services in memorandum dated February 6, 1996. AYES: ALL ABSENT: SUPERVISOR #19 REQUEST TO APPROVE 1996-97 COUNTY INSURANCE PROGRAM By letter dated June 13, 1996, the Principal Administrative Analyst submitted the 1996-97 insurance program recommendations of the County's insurance broker, Woodruff-Sawyer & Company. M/s Moore-Rose, to approve the FY 1996-97 County Insurance Program as submitted. AYES: ALL ABSENT: SUPERVISOR Giacomini Stanley Loar, Vice-President of Woodruff-Sawyer responded to questions from the Board. #20 FIRST READING: REQUEST TO APPROVE A FEE SCHEDULE ORDINANCE REDUCING FEES FOR BUILDING AND CONSTRUCTION PERMITS. Pursuant to request of Chief Building Inspector in letter dated June 13, 1996, M/s Kress-Rose, to waive the formal reading of the proposed ordinance to amend the Marin County Code by an amendment to the Uniform Administrative Code, and request the clerk to read by title only. AYES: ALL ABSENT: SUPERVISOR Giacomini The Clerk read the title of the proposed ordinance and the hearing was set for July 2, 1996, at 10:00 a.m. #21 PERSONNEL MATTERS M/s Moore-Kress, to approve the following actions: Department of Public Works, Printing Services Division Pursuant to recommendation of the Director of Human Resources in letter dated June 18, 1996, effective June 16, 1996, (1) retitle the class of Reprographics Supervisor to Manager of Reprographics Services at biweekly salary range of $1548.00 to $1880.50; (2) adopt the revised class specification for Manager of Reprographics Services; and (3) reclassify the incumbent, Elly Ferrell, to Manager of Reprographics Services. Treasurer-Tax Collector, Public Administrator's Office Pursuant to recommendation of the Director of Human Resources in letter dated June 18, 1996, effective June 16, 1996, adopt the revised class specification for Deputy Public Administrator II; and modify the biweekly salary range for this class from $1240.50 - $1473.75 to $1378.50 - $1595.25. County Administrator Pursuant to recommendation of the County Administrator in letter dated June 14, 1996, add one position of Assistant County Administrator, effective August 1, 1996; and delete the position of Assistant County Administrator-Finance effective November 2, 1996. AYES: ALL ABSENT: SUPERVISOR Giacomini #22 FUND TRANSFERS (4/5 VOTE) M/s Moore-Kress, to approve the following transfers of funds: Pursuant to the Auditor-Controller's recommendation in his revised letter dated June 13, 1996: (a) Increasing appropriations within Marin County Lighting Street Lighting (2539) $10,000.00, Contract Service Miscellaneous (2533) $10,000.00, and Indirect County Overhead (2798) $1,100.00, offset by a decrease in Marin County Lighting Contingencies General account (6991) $21,000.00. The purpose of this budgetary transfer is to provide sufficient appropriations to cover the utility expenses for the remainder of the 1995-96 fiscal year. (b) Increasing appropriations in the County of Marin's Information Services 1st MIDAS Administration Special Projects account and appropriated through the Reserve for Contingencies, offset by unanticipated revenue received from Viacom in the form of a donation to the Marin Information Technology Committee (MITC) for a workshop presented on May 22, 1996, on telecommunications and information technology for elected officials and managers from all Marin County local governments ($300.00). (c) Increasing appropriations in the Civil Grand Jury Fees Account ($1,610.00) and Mileage and Routine Travel Account ($900.00) offset by decreasing the Trial Court Operations Fund Jury Fees Account ($1,610.00) and Mileage and Routine Travel Account ($990) appropriated through the Reserve for Contingencies providing funds for payments to Civil Grand Jurors - $2,600.00. (d) Increasing appropriations within County Service Area #18 (Gallinas Village Area) Contract Services Miscellaneous account offset by a decrease in County Service Area #18 Contingencies General account. The purpose of this budgetary transfer is to cover the cost of a fence repair. (e) Releasing a prior year encumbrance in the Department of Public Works Vehicle Acquisition Vehicles Replacement account and appropriated through the Reserve for Contingencies in order to purchase a vehicle in the current fiscal year ($27,860.00). (g) Releasing a prior year encumbrance in the Department of Public Works Miscellaneous Parts account and appropriated through the Reserve for Contingencies to provide for current year expenses in the Department of Public Works Miscellaneous Parts account ($870.00). Pursuant to recommendation of the Director of Human Resources in her letter dated June 18, 1996: (f) Increasing appropriations in the County of Marin Human Resources Department Contract Services Miscellaneous account offset by unanticipated revenue received from Municipal Court in implementing the courts reorganization and appropriated through the Reserve for Contingencies, to be used for the contract services of Liebert, Cassidy & Frierson for continued labor negotiations ($9,496.00). The vote on the pending motion was AYES: ALL ABSENT: SUPERVISOR Giacomini #23 FUND TRANSFERS (3/5 VOTE) Pursuant to the Auditor-Controller's recommendation in his letter dated June 13, 1996, M/s Moore-Kress, to approve the following transfer of funds: (a) Increasing appropriations in the County of Marin's Community Development Agency Planning Department's Office Supplies and Expenses account offset by a transfer of appropriations from Miscellaneous Various Contract Services Miscellaneous to cover use permit fees for Blue Mountain Center of Meditation ($3,665.00). (b) Increasing appropriation in Information Services Data Processing Equipment Account offset by a decrease in the Sheriff's Communication Division's Office Supplies and Expense Account per agreement relative to a Proxima Screen display unit to be transferred - $2,000.00. AYES: ALL ABSENT: SUPERVISOR Giacomini #24 REQUEST TO APPROVE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF AGING TO INCREASE FUNDING FOR THE SENIOR NUTRITION PROGRAM (4/5 VOTE) Pursuant to recommendation of the Director of Health and Human Services in letter dated May 24, 1996, M/s Moore-Kress, to (1) approve acceptance of amended contract with the United States Department of Agriculture one-time-only allocation of $3,207.00 which will be used to support the senior nutrition program; (2) authorize the Chairman to sign Standard Agreement and Resolution; (3) and related fund transfers. AYES: ALL ABSENT: SUPERVISOR Giacomini #25 ACCEPTANCE OF DONATIONS (4/5 VOTE) M/s Rose-Moore, to: Pursuant to recommendation of the Director of the Marin County Fair and Exposition in her letter dated June 10, 1996, to acknowledge acceptance of $5,000.00 donation from the Eagle Distributing Company for sponsorship of the 1996 Marin County Fair. Pursuant to request of the Director of Health and Human Services in letter dated May 22, 1996, to (1) authorize acceptance of donation of $150.00 from Clarke Home Nursing Service, Inc. for the reprinting of the "Choices for Living" guide; (2) express the Board's appreciation to the Director of Clarke Home Nursing Service, Inc.; and (3) approve related fund transfer. AYES: ALL ABSENT: SUPERVISOR Giacomini #26 APPOINTMENTS Buck Center for Research in Aging Board of Directors The Chairman noted one of the candidates was unable to be present for the scheduled interviews. Rescheduled interviews for July 23, 1996, at 10:00 a.m. Library Commission M/s Rose-Moore, to reappoint the following incumbents: District 2 - Lynn Bornstein; District 3 - Victoria Fong; District 4 - Corine Aiken; District 5 - Phyllis Shuck. Scheduled appointment to the District 1 vacancy on this commission for July 2, 1996. AYES: ALL ABSENT: SUPERVISOR Giacomini Marin Women's Commission M/s Kress-Moore, to appoint Paula Brasfield to the At Large vacancy on this commission. AYES: ALL ABSENT: SUPERVISOR Giacomini Tamalpais Valley Design Review Board Scheduled appointment to the At Large vacancy on this board for July 23, 1996. Visitor Services Committee Scheduled appointment to the District 3 vacancy on this committee for July 23, 1996. #27 OPEN TIME NWP Right of Way A resident of Novato addressed the Board to comment on the ceremonies in Novato in observance of the newly acquired Northwestern Pacific Railroad Right-of- Way and voiced support for the creation of excursion routes to encourage ridership. The resident also requested a copy of a report filed with the Adult Protection Agency. Bel Marin Keys A citizen commented on proposals for land use changes in Bel Marin Keys. #28 CONSENT CALENDAR: M/s Moore-Rose, to approve: C-1. Warrants: #437626-439399 dated 5/30/96-6/05/96, #439400- 441210 dated 6/06/96-6/12/96. C-2. Resolutions: a. At Supervisor Brown's request, Resolution of Commendation for Jack Rosevear for his outstanding contribution to fire prevention and life safety measures and programs for the benefit of the citizens of Marin County. b. Resolution No. 96-78 supporting the Reuse Plan for the Hamilton Army Airfield. C-3. Administrator: a. Authorization of Chairman to execute an amendment to an agreement with Scott McKown (dba Marinfo) extending the original agreement to December 31, 1996, and changing the total amount to $55,000.00. b. Authorization of Chairman to execute an amendment to an agreement with County Medical Services Program. C-4. County Clerk: Certificate of Canvas of Vote of special election held on June 7, 1996. C-5. Human Resources: Revise and retitle the class specifications for Mental Health Practitioner and Mental Health Practitioner (Bilingual). C-6. Information Services: Authorization of Chairman to execute an agreement with Strada Resources in the amount of $20,000.00 for programming and analysis of the PHOENIX Civil Litigation System. C-7. Library: Authorization of Chairman to execute an agreement between Marin County Free Library and the Sausalito Public Library at a cost per item and for services such as materials acquisition, cataloging, data entry, and processing as described in the agreement. C-8. Health and Human Services: a. Contract Compliance Reports providing Advanced and Basic Life Support Services and authorize department to continue steps to increase the level of compliance. b. Authorization of Chairman to execute an amendment to an agreement with the State Department of Aging for preventive health care for the aged and elder abuse prevention. c. Authorization of Chairman to approve Division of Aging application for funds for Senior Employment Program for Fiscal Year 1996-97. d. Authorization of Chairman to execute an agreement with Alternative Family Services - Marin/Sonoma Extended Family in the amount of $60,681.00 to provide independent living skills services to foster youth. e. Authorization of Chairman to execute an agreement with State Department of Education in the amount of $6,072.00 for administrative costs in tracking AFDC clients. f. Authorization of Chairman to execute amended agreements with the following Alcohol and Drug Program providers based on revised fourth quarter projections: Bay Area Community Resources, Inc., Center Point, Inc., Marin Services for Women, Inc., Marin Treatment Center, Inc., and Sunny Hills Children's Services, Inc. g. Authorization of Chairman to execute an agreement with Buckelew Programs in the amount of $2,034,120.00 for mental health services. h. Authorization of Chairman to execute an agreement with Marin General Hospital for differing amounts per day as described in the contract for hospital inpatient psychiatric care. I. Authorization of Chairman to execute an agreement with Family Service Agency of Marin in the amount of $335,647.00 for mental health services. C-9. Probation: Authorization of Chairman to execute an agreement with State Department of Youth Authority in the amount of $10,000.00 for diagnostic and treatment services for juveniles. C-10. Parks, Open Space and Cultural Services: a. Authorization of Chairman to execute an agreement with Marin Conservation Corps in the amount of $11,257.00 for brush cutting to eliminate fire hazards. b. Authorization of Chairman to execute an agreement with ESP & Alarms in the amount of $30,763.00 for security services at the Fair. c. Authorization of Chairman to execute an agreement with Las Gallinas Lions Club for a percentage of revenue from parking lot services at the Fair. d. Authorization of Chairman to execute an agreement with Pyro Spectaculars, Inc. in the amount of $25,000.00 for fireworks display at the Fair. e. Authorization of Chairman to execute an agreement with Ramfire Building Maintenance in the amount of $14,057.00 for debris and litter control and restroom maintenance. C-11. Public Works Department: a. Award of Bid 2251 for a one-ton truck to the low bidder, Oakland Truck Center, Oakland, in the amount of $26,662.00 plus sales tax. b. Award of bid for accessibility modifications to Civic Center mall door to Ross Valley Construction in the amount of $70,253.00. c. Waiver of formal bid and award of sole source for County Fair tents and equipment to Lodi Tent and Awning Company in the amount of $62,454.00. d. Authorization for partial road closure, Butterfield Road, Sleepy Hollow, from 9:00 a.m. to noon for the annual Fourth of July parade. e. Authorization for partial road closure, Wharf Road and Brighton Avenue, Bolinas, from 8:30 a.m. to 3:00 p.m. for the annual Fourth of July parade. AYES: ALL (Supervisor Brown absent at 11:10 a.m.) #29 (CONTINUED) HEARING: PULLMAN BUILDING COMPANY USE PERMIT #94-065 REVOCATION, PARADISE CAY NORTH AND 127 TRINIDAD DRIVE, TIBURON, A.P. #038-101-16,18, 23;038-201-06; 038-092-15,16; 038-391-13 AND 059-270-12 By letter dated June 13, 1996, Senior Code Enforcement Specialist Debbi Poiani submitted her report and recommended that the Board conduct a public hearing to receive testimony from the community regarding the current status of the property and continue the public hearing for a status report to December 17, 1996, at 11:00 a.m. Ms. Poiani advised the Board that the Paradise Cay North Final Map has been recorded, meeting the June 14, 1996, deadline and therefore, Use Permit 94-065 is now valid until December 14, 1996. The hearing was declared open to receive public testimony. There being no comment, the hearing was closed. M/s Rose-Kress, to: (1) retain jurisdiction to monitor the property to ensure continued compliance with the Use Permit conditions of approval; (2) continue the public hearing to December 17, 1996, at 11:00 a.m. AYES: ALL ABSENT: SUPERVISORS Giacomini, Brown The Board recessed at 11:20 a.m. and reconvened at 2:35 p.m. at which time were PRESENT: SUPERVISORS Harry J. Moore, John B. Kress, Harold C. Brown, Jr., Chairman ABSENT: SUPERVISORS Gary Giacomini, Annette Rose #30 (CONTINUED) HEARING: PROPOSED AMENDMENTS TO TITLE 22 OF THE MARIN COUNTY CODE (ZONING ORDINANCE) Planner Tod Carr discussed the information contained in his letter dated June 18, 1996, 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 ordinance approving the proposed text amendments to the Marin County Code. Thereafter, Mr. Carr responded to the Supervisors' inquiries regarding time/cost savings and the appeal process. The hearing was declared open to receive public testimony. A Novato resident expressed concern regarding the impact of the proposed ordinance on the public hearing process. The hearing was closed. Principal Planner J. T. Wick responded that the Design Review process provides discretionary review and notice to neighbors. Mr. Wick advised that, although public hearings are not automatically required for Design Review applications, projects could be scheduled for public hearing if sufficient neighborhood controversy exists. M/s Kress-Moore, to adopt Ordinance No. 3230 adopting amendments to Title 22 of the Marin County Code (the Zoning Ordinance). AYES: ALL ABSENT: SUPERVISORS Giacomini, Rose #31 (CONTINUED) LANE APPEAL OF THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF THE LANE USE PERMIT, 1754 INDIAN VALLEY ROAD, NOVATO, A.P. #146-301-27 Planner Neal Osborne summarized the information contained in his letter dated June 18, 1996, 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 denying the Lane appeal and upholding the Planning Commission decision to approve in part, and deny in part, the Lane Use Permit and Use Permit Amendment. Vincent Milani, attorney for the appellant, submitted a written statement to the Board members and discussed the information contained therein. Mr. Milani urged that the Board grant Barbara Lane's appeal based on the merits of the case and the limits of County authority imposed by law. Discussion ensued regarding procedural due process, substantive due process, equal protection, fence heights permitted under County Code, and access easements. Principal Planner J. T. Wick clarified the action taken by the Planning Commission to conditionally approve the Lane Use Permit, noting that the eucalyptus trees were considered to be a fire hazard by the Marin County Fire Marshal, and indicated that the fence location approved by the Planning Commission would allow for widening of the common driveway to comply with Title 24 driveway standards, minimize traffic hazards and provide access to drainage structures and utilities. Mr. Wick advised that the proper forum for the claimed prescriptive right to use land was the Superior Court, noting that Ms. Lane previously provided staff with a title report verifying the easement and property lines shown on the submitted plans. Mr. Wick further advised that zoning enforcement staff became involved in response to a complaint received in the department. At Supervisor Kress' request, Deputy Road Commissioner Robert Beaumont advised that the existing location of the fence and gates results in traffic hazards on the common driveway, causes drainage problems, and indicated that the structures impede access to drainage structures and utility poles required for routine maintenance. The hearing was declared open to receive public testimony. A representative of an engineering firm hired by community residents to do street improvements and three Indian Valley Road residents addressed the Board in support of the proposed resolution and expressed their concerns regarding traffic safety, fire hazards, time/weather constraints, access to utility poles and drainage improvements, a recent traffic accident on the common driveway, a historical requirement for road width at the time of land division, and urged that the Board require that the eucalyptus trees be removed and the fence relocated as soon as possible. The applicant's civil engineer advised that the Board would lose jurisdiction in this matter if Ms. Lane cuts the fence down to a six foot height, noting that he believed a neighborhood dispute exists, and indicated that Ms. Lane had not been provided with a copy of the proposed resolution. Mr. Milani noted that an adequate time frame was needed to relocate the 610 foot fence. The hearing was closed. In response to Supervisor Moore's inquiry, Mr. Beaumont discussed time constraints, delays, traffic hazards at the intersection, drainage, and recommended that any action taken by the Board include removal/relocation of the fence within two weeks. Mr. Wick suggested the following amendments to the proposed resolution: (a) Section II, Condition 4 on page 4: "BEFORE JUNE 25, 1996, the applicant shall submit a Building Permit application for the approved work." (b) Section II, Condition 10 on page 5: "BEFORE JULY 1, 1996, the applicant shall remove or relocate the fence, or any portion of it, to comply with sight distance requirements in Marin County Code Chapter 13.18 to the satisfaction of the Director. BEFORE OCTOBER 18, 1996, the applicant shall remove or relocate the as-built 8-foot high, fence and gates...." M/s Moore-Kress, to adopt Resolution No. 96-77 denying the Lane appeal and upholding the Planning Commission's decision to approve in part, and deny in part, the Lane Use Permit and Use Permit Amendment, 1754 Indian Valley Road, Novato, Assessor's Parcel No. 146-301-27, as amended. In response to the Chairman's inquiry, Mr. Wick advised that he believed Ms. Lane had adequate staff and resources to remove or relocate the fence before July 1. Thereafter, the vote on the pending motion was AYES: ALL ABSENT: SUPERVISORS Giacomini, Rose The meeting was adjourned at 3:31 p.m. SINE DIE ____________________________________ CHAIRMAN ATTEST: _______________________________ CLERK