County of Marin
Board of Supervisors
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Room 330
Civic Center, San Rafael, CA 94903

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AGENDA FOR

MARIN COUNTY BOARD OF SUPERVISORS

MARIN COUNTY OPEN SPACE DISTRICT BOARD OF DIRECTORS

 

Agenda items will be heard at the time specified or later, depending on the progress of the meeting.

 

Tuesday, February 9, 2010

 

9:00 a.m.      Convene in Open Session (In Room 324 A)

 

                     Convene in Closed Session

1.                Conference with legal counsel regarding anticipated litigation pursuant to California Government Code Section 54956.9(b)(1) involving the revision of the Tolling Agreement with the Salmon Protection and Watershed Network ("SPAWN").

 

                     Reconvene in Open Session (In Room 324 A)

                     Announcement from Closed Session.

 

                     Recess as the Board of Supervisors

 

9:30 a.m.    Convene as the Marin County Open Space District Board of Directors (in Room 324 A)

 

2a.                Convene in Closed Session:

                    Conference with legal counsel regarding anticipated litigation pursuant to California Government Code Section 54956.9(c).  Number of Potential Cases:  One.

 

                     Reconvene as the Marin County Open Space District Board of Directors in Open Session (in Room 330)

                     Announcement from Closed Session.

 

2b.                Organization of Board:

                     i.       Election of President.

                     ii.       Election of Vice-President.

 

2c.                Approval of the minutes of the meetings of December 8 and 15, 2009.

 

2d.                Board of Directors' matters.

 

2e.                Open time for public expression, up to three minutes per speaker, on items not on the Open Space District Agenda.

 

2f.                 General Manager's report.

 

2g.                Request to approve report of delegated agreements executed by the General Manager during November and December 2009.

                     Recommended action:  Accept report.

 

2h.               Request to transfer $248,810 from the Trails Legacy Fund to the Open Space District for expenses associated with 680 Trail planning.

                     Recommended action:  Approve.

 

                     Adjourn as the Marin County Open Space District Board of Directors

 

10:00 a.m.   Reconvene as the Board of Supervisors

3.                  Approval of minutes of the meeting of January 26, 2010.

 

4.                  Board of Supervisors' matters.

 

5.                  Administrator's report.

 

6.                  Open time for public expression, up to three minutes per speaker, on items not on the Board of Supervisors' agenda.

 

7.                  Consent Calendar A (Items CA-1 through CA-9)

                     ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board.)

 

8.                  Consent Calendar B (Items CB-1 through CB-2)

                     ("Consent Calendar B" reflects those agenda items requiring four affirmative votes relating to budgetary matters.)

 

9.                  Status report from the County Administrator regarding legislative efforts to clarify responsibility for Marin County Employees’ Retirement Association (“MCERA”) employment decisions.

                     Recommended actions:  Accept report and provide direction to staff.

 

10:15 a.m.

10.                Hearing:  Request to consider adopting resolution calling for an election to impose a special tax to be levied for a duration of 5 years upon parcels located within the County of Marin for the purpose of providing essential funding to protect and maintain library services.

                     Recommended action:  Conduct public hearing and consider adopting resolution.

 

11.                Appointments:

                     a.      Disaster Council

                              One vacancy representing the Marin County Council of Mayors and Councilmembers ("MCCMC") due to the resignation of Susan Brandborg.  A letter dated January 28, 2010, has been received from the MCCMC requesting that Larkspur City Councilmember Len Rifkind be appointed as their representative.

                              Recommended action:  Make appointment.

 

                     b.     Golden Gate Bridge, Highway and Transportation District ("GGBHTD") Board of Directors

                            One term expiration representing the Marin County Council of Mayors and Councilmembers ("MCCMC").  A letter dated January 29, 2010, has been received from the MCCMC requesting that incumbent San Rafael Mayor Al Boro be reappointed.

                              Recommended action:  Make appointment.

 

11:00 a.m.

12.                Hearing:  Consideration of Marin Sanitary Service's requested 3.18% rate increase for Central Marin franchise areas 1, 2, 3, 4, 5 and 6; and consideration of the addition of a progressive rate schedule that proposes a 4% compounded rate per gallon on larger cans.

                     Recommended actions:  (a) Conduct hearing; (b) consider adopting rate increase and addition of a progressive rate schedule; and (c) if approved, authorize President to execute amendment to the agreement reflecting approved rate.

 

13.                Hearing:  Consideration of Marin Sanitary Service's requested 3.18% rate increase for the Ross Valley South franchise area; and consideration of the addition of a progressive rate schedule that proposes a 4% compounded rate per gallon on larger cans.

                     Recommended actions:  (a) Conduct hearing; (b) consider adopting rate increase and addition of a progressive rate schedule; and (c) if approved, authorize President to execute amendment to the agreement reflecting approved rate.

 

14.                Hearing:  Ordinance adopting amendments to Marin County Code Title 19 (Building Code), updating the County's green building requirements.

                     Recommended actions:  Conduct public hearing and consider adopting ordinance.

 

11:05 a.m.

15.              Hearing:  (Continued from December 8, 2009) Pasternak and Nicasio Land Owners Association Appeals of the Marin County Planning Commission's Conditional Approval of the Pasternak Use Permit. (200 and 210 Road to Ranches, Nicasio.  APNs 121-070-66, -68 and -64)

                    Recommended actions:  (a) Review the administrative record; (b) conduct public hearing; and (c) make determination on appeal.

 

16.               Closed Session:

                   a.      Conference with legal counsel regarding anticipated litigation pursuant to California Government Code Section 54956.9(b)(1).  Number of Potential Cases:  One.

                   b.    Conference with legal counsel regarding existing litigation pursuant to California Government Code Section 54956.9(a). Name of case: Rivers v. County of Marin, United States District Court, Northern District, Case No. C 09-1614-EMC.

 

                     Reconvene in Open Session

                     Announcement from Closed Session.

 

1:30 p.m.

17.              Presentation by the Public Works Department of the San Geronimo Valley Salmon Enhancement Plan.

                    Recommended actions:  (a) Accept as complete the San Geronimo Valley Salmon Enhancement Plan; and (b) direct staff to develop an implementation plan that includes a staffing request, budget and timeline for consideration during the FY 2010-11 budget process.

 

* * * * * * * * * * * * * * * * * * * * * *

 

                     CONSENT CALENDAR A (Items CA-1 through CA-9)

                     ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board.)

 

CA-1.            Board of Supervisors:

                     a.      Appointments: 

                              i.       Request to schedule the following Health Council of Marin appointments for May 4, 2010:  Seven term expirations.  Three Consumer representatives (Constance Barker, Sarah Koenig, Juliene Lipson, incumbents) and four Provider representatives (Lisa Campagna, Jacob Leone, Nancy West, Barbara Wientjes, incumbents).

                              ii.       Request to schedule the following Tamalpais Design Review Board appointments for March 2, 2010:  Two term expirations (William Cullen and Alan Jones, incumbents).

                     b.      Supervisor Adams requesting resolution recognizing the Marin AIDS Project for 25 years of providing care, prevention, education, harm reduction and support services to the people of Marin County.

                     c.      Supervisor Kinsey requesting resolutions commending Ellie Rilla for receiving the Marin County Farm Bureau "Friend of the Farm Bureau Award" and Earl Dolcini for receiving the Marin County Farm Bureau "Lifetime Achievement Award."

 

CA-2.           Community Development Agency:

                    a.      Authorize President to execute agreement with Questa Engineering Corporation, in the amount of $77,000, to perform a Community Wastewater Feasibility Study for the Marshall Phase 2 East Shore Project.

                    b.      Authorize President to (i) execute second amendment to agreement with Environmental Science Associates ("ESA") in the amount of $35,117, for a total contract amount of $927,016, for additional work required to complete the Final Environmental Impact Report ("FEIR") amendment for the San Rafael Rock Quarry Reclamation Plan and Quarry Permit; and (ii) execute second amendment to Dutra Materials Project Sponsor Agreement, outlining the installment payment schedule of monies to be paid by sponsor to the County totaling $48,494.35.

                    c.      Request to extend time for one fixed-term, full-time Planning Aide (Position #06800004), to June 30, 2010, to provide support for the sustainability and energy programs.

 

CA-3.            County Administrator:

                    Authorize President to execute amendment to the agreement with Homeward Bound of Marin, increasing the contract by $375,000 and extending the contract term to June 30, 2010, to partially offset costs associated with providing adult and family services to homeless Marin County residents, including the New Beginnings, Family Services and Mill Street programs.

 

CA-4.            Cultural Services:

                     Authorize President to execute agreement with The Chieftains for a performance at the Marin Center on Friday, February 19, 2010.

 

CA-5.            Finance:

                     Authorize President to execute agreement with Gallina LLP, in an amount not to exceed $100,000, to provide auditing services for the year ending June 30, 2009.

 

CA-6.           Health and Human Services:

                     NOTE:  Agreements in items CA-6a and CA-6b are renewals of existing agreements that were included in and funded in the FY 2009-10 budget.

                    a.      Authorize President to execute FY 2009-10 agreement with Marin Children and Families Commission, in the amount of $200,000, to continue the County's efforts to enroll all low-income children in health insurance through the Children's Health Initiative ("CHI") program.

                    b.      Authorize President to execute FY 2009-10 contract with San Geronimo Valley Community Center, in the amount of $50,304, to provide services that support the health of youth and their families in the areas of nutrition, social emotional development, and health literacy in collaboration with the Lagunitas School District.

                    c.      Authorize President to execute FY 2009-10 agreement with Novato Human Needs Center, in the amount of $27,339, to provide transportation services to older adult residents.

                    d.      Authorize President to execute Memorandum of Understanding (“MOU”) #E65012A-1 with the California Department of Social Services (“CDSS”) for licensing foster family homes.

                    e.      Authorize President to execute a multi-year Memorandum of Understanding (“MOU”) with the Trustees of the California State University on behalf of California State University, Fullerton, to serve as a teaching site for nursing students.

                    f.       Authorize President to execute FY 2009-10 agreement with the Center for Restorative Practice ("CFRP"), in an amount not to exceed $71,440, to assist families in developing and implementing service plans for families of seriously emotionally disturbed children.

                    g.      Authorize President to execute FY 2009-10 agreement with Sunny Hills Services, in an amount not to exceed $1,046,606, for school based day treatment services and therapeutic behavioral services to seriously emotionally disturbed children.

                    h.      Authorize President to execute FY 2009-10 agreement with Pacific Health Consulting Group, in an amount not to exceed $44,275, for advisory and technical assistance in health access and CalKids.

                    i.       Authorize President to execute second amendment to Affiliation Agreement with The Regents of the University of California, to add the USCF School of Medicine as a teaching site.

 

CA-7.           Library:

                     a.      Authorize President to execute agreement with the City of San Rafael, in the amount of $102,780, for literacy services.

                     b.      Request to authorize President to execute agreement with the City of San Rafael, in an amount not to exceed $114,030, to provide literacy services through the Families Learning And Growing ("FLAGship") Project.

 

CA-8.           Public Works:

                    a.      Request to adopt Resolution No. 2010-___ related to making development project fees findings for the Annual Statement of Collection of Developer Fees for FY 2007-08 and 2008-09, and the Five-Year Development Fee Report.

                    b.      Request to award contract to Michael Paul Company of Petaluma, the lowest responsible bidder, for the Barrier Removal Projects at Castro, Adrian/Rosal and Pueblo Parks, for base bid amount of $138,388.50 and contract contingency of $14,611.50 for a total construction cost of $153,000 (Project No. CAP-09015).

                    c.      Authorize President to execute agreement with the Marin County Transit District, in the amount of $68,078, for general accounting and personnel services, as detailed in staff report dated February 9, 2010.

                     d.      Request to (i) authorize President to execute Notice of Completion for the 10 & 20 North San Pedro Road Path of Travel & Parking Improvements, (ii) approve additional contingency funds, in the amount of $28,006.18, and (iii) approve release of retention Ghilotti Bros., Inc., in the amount of $34,600.62, 35 days following Board action. (Project No. CAP-09010)

 

CA-9.           Sheriff:

                    a.      Authorize President to execute agreement (P0975028) with the Department of Fish and Game Office of Oil Spill Prevention and Response ("DFG-OSPR"), to fund Office of Emergency Services staff serving as an Oil Spill Specialist for the Period of July 1, 2009, through June 30, 2010.

                    b.      Authorize President to execute the following Memorandums of Understanding ("MOU") with the Towns/Cities:  Belvedere, Corte Madera, Fairfax, Mill Valley, Ross, San Anselmo, Sausalito, Tiburon and the Marin County Sheriff's Office of Emergency Services to provide emergency management services for the contractual period of July 1, 2009, to June 30, 2012.

                    c.      Request to authorize President to execute second amendment to the FY 2007-08 agreement with the City and County of San Francisco, increasing the amount by $39,423, related to the Urban Area Security Initiative ("UASI") grant program.

 

                     CONSENT CALENDAR B (Items CB-1 through CB-2) (Four affirmative votes required)

                     ("Consent Calendar B" reflects those agenda items requiring four affirmative votes relating to budgetary matters.)

 

CB-1            Community Development Agency:

                     Request to (a) authorize President to execute agreement with Questa Engineering Corporation, in the amount of $100,000, to perform a Community Wastewater Feasibility Study for the Woodacre Flats; and (b) approve related budget actions as detailed in staff report dated February 9, 2010.

 

CB-2.            Public Works:

                     Authorize the Finance Director to increase appropriation expenditures and revenue, in the amount of $50,000, for the Citizen’s Housing Traffic Impact Study, as detailed in staff report dated February 9, 2010.