D R A F T REGULAR MEETING OF THE MARIN COUNTY BOARD OF SUPERVISORS HELD TUESDAY, NOVEMBER 23, 2004, AT 9:07 A.M.

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1 D R A F T REGULAR MEETING OF THE MARIN COUNTY BOARD OF SUPERVISORS HELD TUESDAY, NOVEMBER 23, 2004, AT 9:07 A.M. PRESENT: SUPERVISORS Susan L. Adams, Harold C. Brown, Jr., Cynthia L. Murray, Steve Kinsey, President SUPERVISOR Annette Rose 1. CLOSED SESSION [Cultural Services] The Board met in closed session at 9:07 a.m. to conduct an interview with a candidate for appointment to the position of Director of Cultural Services pursuant to Government Code Section The Board recessed at 10:10 a.m. and reconvened in open session at 10:15 a.m. Supervisors Rose and Adams were absent. 2. ANNOUNCEMENT FROM CLOSED SESSION [Cultural Services] The President reported that the Board met in closed session to conduct an interview with a candidate for appointment to the position of Director of Cultural Services and advised that there was no announcement at this time. (Supervisor Adams present at 10:16 a.m.) 13. PRESENTATION BY REPRESENTATIVES OF THE CITY OF SAN RAFAEL REGARDING THE RENOVATION AND EXPANSION OF THE PICKLEWEED PARK COMMUNITY CENTER AND ACKNOWLEDGEMENT OF THE COUNTY S CONTRIBUTIONS TO THIS EFFORT [Board of Supervisors] Supervisor Kinsey introduced San Rafael Mayor Al Boro who made a brief presentation regarding the Pickleweed Park Community Center renovation and expansion project. Mr. Boro briefly reviewed the project s fundraising and planning efforts and presented a brief video illustrating the positive community impacts of the Pickleweed Park Community Center. 12. REQUEST FROM SUPERVISOR KINSEY TO AUTHORIZE A $200,000 CONTRIBUTION, SUBJECT TO THE CITY OF SAN RAFAEL SECURING THE REMAINING FUNDS NECESSARY, TOWARDS THE PICKLEWEED PARK COMMUNITY CENTER RENOVATION AND EXPANSION PROJECT [Board of Supervisors] Supervisor Adams briefly commented on the recent successful Binational Public Health Week event held at the Pickleweed Park Community Center. M/s Adams-Murray, on behalf of Supervisor Kinsey, to authorize a $200,000 contribution, subject to the city of San Rafael securing the remaining funds necessary, towards the Pickleweek Park Community Center renovation and expansion project. Marin County BOS Minutes 1 11/23/2004

2 3. PRESENTATION OF "EMPLOYEE OF THE MONTH" AWARD, NOVEMBER 2004, TO DENNIS BRADLEY OF THE DEPARTMENT OF CHILD SUPPORT SERVICES [Employee Recognition] Supervisor Brown announced that Dennis Bradley of the Department of Child Support Services was the "Employee of the Month" for November Supervisor Brown read a list of Mr. Bradley's accomplishments and presented him 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. Mr. Bradley expressed appreciation to the Board for the recognition. 4. SUPERVISORS KINSEY AND ADAMS REQUESTING RESOLUTION COMMENDING WILLIAM HALEY FOR HIS DECADE OF SERVICE ON THE MARIN COUNTY ASSESSMENT APPEALS BOARD [Commendations] M/s Adams-Murray, to adopt a resolution commending William Haley for his decade of service on the Marin County Assessment Appeals Board. Mr. Haley thanked the Board for the acknowledgment and commented on his positive experience serving on the Board. On behalf of Assessment Appeals Boards #1 and #2, Hugh Marchant thanked Mr. Haley for his service and expertise. 5. The Board recessed at 10:37 a.m. to meet as the Marin County Transit District Board of Directors and reconvened as the Board of Supervisors at 11:44 a.m. Supervisor Rose was absent. 6. APPROVAL OF MINUTES [Minutes: November 9, 2004] Supervisor Adams identified suggested modifications to the minutes of November 9 pertaining to item #13, the hearing on the Point Reyes Development Company Master Plan Amendment, Coastal Permit Amendment, and Local Coastal Program Amendment. Thereafter, M/s Murray-Adams, to approve the minutes of the meetings of October 19, and November 2, 2004, as presented, and the minutes of November 9, 2004, as amended. 7. BOARD OF SUPERVISORS' MATTERS Marin Telecommunications Agency ("MTA") [Telecommunications] Supervisor Adams briefly reported on the decision made at the recent Marin Telecommunications Agency ("MTA") meeting to postpone further negotiations on the franchise agreement until further information on various negotiating points is received. Marin County BOS Minutes 2 11/23/2004

3 Annual California State Association of Counties ("CSAC") [Agencies: CSAC] Supervisor Adams briefly reported on topics at last week s annual California State Association of Counties meeting including discussions on the successful passage of Proposition 1A, the Statewide ballot initiative regarding protection of local government revenues; the Governor s California Performance Review ( CPR ) proposal, medical marijuana safety issues, Genetically Modified Organisms ( GMO ) initiatives, and issues related to desalination, tribal gaming, and the transfer of court facilities to the State. California State Association of Counties ("CSAC") Awards [Agencies: CSAC] Supervisor Adams congratulated County Auditor-Controller Richard Arrow for being selected as a recipient of the California State Association of Counties (CSAC s) Circle of Service award. Supervisor Adams also noted that the following two Marin County programs received CSAC Merit Awards : The Marin County Energy Management Program and the County s coordinated Dynamic Agriculture: County Services Reap Results program. In Memoriam [Memoriam] At the request of Supervisor Murray, M/s Murray-Brown, to determine the need to take action arose subsequent to the agenda being posted. M/s Murray-Brown, to adjourn the meeting in memory of Velma Azevedo. California State Association of Counties ("CSAC") Awards [Agencies: CSAC] Supervisor Kinsey congratulated Supervisor Adams for being selected as a recipient of the California State Association of Counties (CSAC s) Circle of Service award in recognition of her advocacy of Medi-Cal and health care reform. Inkwells Bridge Supervisor Kinsey acknowledged the efforts of the community and staff, particularly recognizing the efforts of Senior Civil Engineer Jack Baker, on the Inkwells Trail Bridge project. In Memoriam [Memoriam] On behalf of Supervisor Kinsey, M/s Brown-Adams, to determine the need to take action arose subsequent to the agenda being posted. M/s Brown-Adams, to adjourn the meeting in memory of John Gompertz, father of Charles Gompertz. 8. ADMINISTRATOR'S REPORT Court Transfer Process [County Courts] County Administrator Mark Riesenfeld briefly responded to comments made by Supervisor Adams regarding the ongoing transfer of court facilities from counties to the State, noting formal negotiations on this matter are scheduled to begin at the end of Marin County BOS Minutes 3 11/23/2004

4 District Attorney Retirement [District Attorney] County Administrator Mark Riesenfeld reported that the Board previously received notification from District Attorney Paula Freschi Kamena advising the Board of her intention to retire. Mr. Riesenfeld recommended that the Board formally receive and accept Ms. Kamena s resignation, effective December 30, 2004, and schedule a future discussion regarding recruitment of her replacement. M/s Brown-Adams, to determine the need to take action arose subsequent to the agenda being posted. M/s Brown-Adams, to accept District Attorney Paula Freschi Kamena s letter of resignation dated November 19, 2004, with an effective date of retirement of December 30, Supervisor Murray advised that she will not be present at the December 7, 2004, Board meeting and expressed her interest in participating in discussions regarding the recruitment process for the new District Attorney. Therefore, it was agreed that staff would present options on the recruitment process at the December 14, 2004, Board meeting. Agenda Modification - Item 31 [Sheriff] County Administrator Mark Riesenfeld recommended that item 31, pertaining to an Urban Area Security Initiative ("UASI") Homeland Security grant, be removed from the agenda for consideration at a later date. Agenda Modification - Item 30 [Sheriff] County Administrator Mark Riesenfeld advised that item 30, pertaining to a request from the Sheriff to approve the addition of 1.0 FTE Sheriff s Service Assistant, requires a 4/5 vote. Agenda Modification - Closed Session [Humane Society] County Administrator Mark Riesenfeld advised that County Counsel has requested that an additional closed session item be added to the agenda. Thereafter, M/s Murray-Brown, to determine the need to take action arose subsequent to the agenda being posted. M/s Murray-Brown, to add a closed session discussion to the agenda pertaining to a conference with legal counsel regarding existing litigation pursuant to California Government Code Section (b). Name of case: Natural Solutions Land Management & Environmental Services, LLC, et al. v. Marin Humane Society, et al., Marin County Superior Court, Case No. CV Marin County BOS Minutes 4 11/23/2004

5 9. OPEN TIME Below Market Rate Housing [Housing] A Tiburon resident addressed the Board relative to a Below Market Rate ( BMR ) homeownership program and requested the matter be agendized for a future meeting. 10. 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.) M/s Brown-Murray, to approve: CA-1. Board of Supervisors: [Employee Recognition] Request from Supervisor Brown to approve amendments to the Outstanding Employee Team of the Quarter Award Program. CA-2. CA-3. CA-4. Community Development Agency: a. Authorize President to execute amendment to the Community Development Block Grant ( CDBG ) agreement with the Family and Children s Law Center, increasing the contract amount by $21,400 for a total contract amount of $57,000, for legal assistance for low-income persons. [CDBG] b. Authorize President to execute Community Development Block Grant ( CDBG ) agreement with The Cedars of Marin, in the amount of $30,000, for the engineering and redesign of a private road serving the center for adults with developmental disabilities. [CDBG] c. Authorize President to execute amendment to agreement with Lisa Bush, extending the contract date to December 31, 2005, to assist in the preparation of the Marin Countywide Plan. [Countywide Plan] County Administrator: a. Authorize President to execute agreement with Marin Advocates for Children, in the amount of $40,000, to help provide specially trained volunteers to advocate for abused and neglected children in juvenile court. b. Authorize President to execute agreement with Ritter Center, in the amount of $50,000, to offset operational costs involved with running the Day Service Center. c. Authorize President to execute agreement with Homeward Bound of Marin, in an amount not to exceed $400,000, to provide program services for up to 120 homeless adults each month. [Homeless] d. Authorize President to execute agreement with the Marin Arts Council, in the amount of $26,500, to coordinate art exhibits at the Marin County Civic Center. [Arts] Health and Human Services: NOTE: Agreements in items CA-4a through CA-4c are renewals of existing agreements that were included in and funded in the FY budget. a. Authorize President to execute FY agreement with Providence Place, in an amount not to exceed $84,852, to provide long term residential services for chronically mentally ill elderly adults with co-occurring dementia disorders. [Mental Health] b. Authorize President to execute FY agreement with Marin Advocates for Children -- Marin Child Abuse Council ( MCAPC ), in the amount of $30,163, to provide training for the prevention of child abuse. Marin County BOS Minutes 5 11/23/2004

6 c. Authorize President to execute FY agreement with Ritter Center, in the amount of $40,000, to provide medical evaluation services in support of the General Assistance program. d. Authorize President to execute amendment to the agreement with Deloitte Consulting LLP, increasing the contract by $2,000 for a total contract amount of $27,000, to provide consultation regarding the implementation of One-E-APP software, creating a single point of entry into all public assistance programs. e. Authorize President to execute FY agreement with Willow Glen Care Center, in an amount not to exceed $47,450, to provide a structured, multidisciplinary day treatment rehabilitation program to assist adults with serious mental illness. [Mental Health] f. Authorize President to execute agreement with Kathy Page, Corrections Health Consultant, in an amount not to exceed $50,000, for a management review/analysis of the Marin County Detention Medical System. g. Authorize President to execute the following two agreements, to purchase equipment and secure consultant services and training with funds from the Health Resources Services Administration ( HRSA ) funds, to improve the County s response to local public health emergencies: (1) Marin General Hospital ($57,564.98); and (2) Kaiser Permanente Medical Center ($48,759.98). h. Authorize President to execute proposed agreement with Ciber, Inc., in the amount of $116,000, to conduct a comprehensive assessment of the security of the County's information technology resources. CA-5. CA-6. CA-7. Library: Authorize President to execute agreement with the City of San Rafael, in the amount of $43,883, to provide literacy services. Public Works: a. Authorize President to execute agreement with the City of Mill Valley to provide sewer service extension to the Throckmorton Ridge Fire Station. (Project No. C282) [Project No. C282] b. Approve issuance of a Purchase Order, in an amount not to exceed $51,000, for labor and materials to reconfigure and install furniture in the Public Defender s office, under the existing contract with Coordinated Resources Inc. ( CRI ). c. Request to approve single source purchase of Agenda Builder, an enhancement to the County s existing Documentum ApplicationXtender system, from Documentum of Pleasanton, CA, in the amount of $53, d. Request to approve sole source purchase of Granicus Streaming Video, from Granicus, Inc. of San Francisco, CA, in the amount of $61, e. Request to (1) approve award of RFP No to Ad Art, Inc., of San Francisco, CA for the purchase, installation and maintenance of a readerboard for the Marin Center, in the amount of $149,450; and (2) approve five year lease, in an annual lease amount of $31, through Bank of America Leasing & Capital, LLC San Francisco, with % interest payable annually. [Marin Center] Treasurer-Tax Collector: Request to approve Annual Statement of Investment Policy in accordance with Government Code Section Marin County BOS Minutes 6 11/23/2004

7 11. 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: a. Request from the Auditor-Controller to approve Transfer of Funds releasing prior period encumbrances in the amount of $285,198.00in the County of Marin, Data Processing Department through the Reserve for Contingencies, into the Contract Services Miscellaneous account in the current year, providing funds for the purchase of Job Aps and EJUS hardware. (4/5 vote) b. Request from the Auditor-Controller to approve Transfer of Funds decreasing appropriations and releasing encumbrances in the County of Marin, Miscellaneous Various, Contract Services Miscellaneous account ($30,000) and reappropriating in Community Development Agency Environmental Health Services, Contract Services Miscellaneous account ($30,000) through the Reserve for Contingencies to cover the cost of hiring an Environmental Protection Agency loaner employee. (4/5 vote) c. Request from the Auditor-Controller to approve Transfer of Funds releasing a prior year encumbrance in the County of Marin, Fire, Miscellaneous Equipment and Machinery account ($21,600) and reappropriating the same amount to the same account through the Reserve for Contingencies. (4/5 vote) CB-2. Health and Human Services: a. Request from the Director of Health and Human Services to (1) authorize President to execute grant agreement with the California Family Health Council ( CFHC ), in the amount of $13,400, for the implementation of the new requirements of the Family Planning Annual Report ( FPAR ) of the California Family Planning, Access, Care and Treatment ( FPACT ) Program; and (2) approve Transfer of Funds increasing appropriations in the Health and Human Services Department, Women's Health Services Division, Special Fund account ($12,107), Document Reproduction Costs account ($296), and Extra Hire account ($997), offset by a grant from the California Family Health Council for the Title X CFHC account ($13,400). (4/5 vote) b. Request from the Director of Health and Human Services to (1) authorize President to execute the following two amendments to agreements with the California Department of Education to provide at-risk childcare and development services for children involved in the Child Protective Services: (a) Amendment 1 to agreement FAPP-4041, increasing the funding by $2,106 for a total amount of $89,502; and (b) Amendment 1 to agreement GAPP-4041, increasing the funding by $783 for a total amount of $33,266; and (2) approve Transfer of Funds increasing appropriations in the Health and Human Services Department, Social Services Division, Department of Education Child Care account ($2,889), offset by a grant from the Department of Education, for the Department of Education Child Care - State account ($2,889). (4/5 vote) c. Request from the Director of Health and Human Services to (1) authorize Marin County Division of Alcohol, Drug, and Tobacco Programs Chief to execute grant agreement with the California Department of Alcohol and Drug Programs, in the amount of $116,099, to implement the State Incentive Grant to reduce binge drinking and related community problems among youth and young adults; (2) effective December 5, 2004, to add 1.0 FTE Health and Human Services Planner/Evaluator and add 0.60 FTE Senior Clerk/Typist and (3) approve Transfer of Funds increasing appropriations in the Health and Human Services Department, Alcohol and Drug Marin County BOS Minutes 7 11/23/2004

8 Program, Regular Staff Salaries account ($42,764), County Retirement Contribution account ($4,270), Social Security account ($624), Additional Retirement and Employee Benefits account ($6,037), Compensation Insurance account ($331), State Incentive Grant account ($23,400) and the Data Processing Equipment account ($2,371), offset by a grant from the California Department of Alcohol and Drug Programs, for the Drug Federal Cat. No account ($71,947), and a decrease in appropriations in the Contract Services CMH Grant account ($7,850). (4/5 vote) d. Request from the Director of Health and Human Services to authorize President to execute FY grant agreement with the California Department of Health and Human Services, Primary Care and Rural Health, in the amount of $150,000, to provide teen pregnancy prevention services. (4/5 vote) CB-3. Library: a. Request from the Director of County Library Services to: (1) accept contribution in the amount of $500 from the Novato Republican Women, Federated; and (2) approve Transfer of Funds increasing appropriations in the Marin County Free Library, Friends Books and Audio/Visual Materials account ($500), offset by a donation from the Novato Republican Women, Federated for the Donations account ($500), providing funds for the Novato and South Novato Libraries' purchase of children's materials. (4/5 vote) b. Request from the Director of County Library Services to: (1) accept contribution in the amount of $1,500 from the Friends of the Civic Center Library; and (2) approve Transfer of Funds increasing appropriations in the Marin County Free Library, Special Appointment account ($1468), Social Security account ($21) and the Compensation Insurance account ($11), offset by a contribution from the Friends of the Civic Center Library for the Donations account ($1,500), providing funds for contracting with Marilyn Geary to develop ten additional oral histories with architects and other individuals who were involved in the creation of the Marin County Civic Center building and the choice of Frank Lloyd Wright as the architect. (4/5 vote) c. Request from the Director of County Library Services to: (1) accept contribution in the amount of $2,076 from the Friends of the Civic Center Library; and (2) approve Transfer of Funds increasing appropriations in the Marin County Free Library, Data Processing Equipment account ($2,076), offset by a contribution from the Friends of the Civic Center Library for the Donations account ($2,076), providing funds for the purchase of a laptop and handheld bar code reader. (4/5 vote) d. Request from the Director of County Library Services to: (1) accept contribution in the amount of $6,762 from the Bolinas-Stinson Beach Library Improvement Society; and (2) approve Transfer of Funds increasing appropriations in the Marin County Free Library, Special Appointment account ($1,730), Social Security account ($27), Workers Compensation account ($13), and the Extra-hire account ($4,992), offset by a contribution from the Bolinas-Stinson Beach Library Improvement Society, for the Donations account ($6,762), providing funds for a Volunteer Coordinator and extra staff hours for the Bolinas and Stinson Beach Libraries. (4/5 vote) CB-4. Public Works: Request from the Department of Public Works to (a) authorize President to execute amendments to the following agreements related to the Comprehensive Transportation Management Plan ( CTMP ) for southern Marin parklands: (1) agreement with Robert Peccia and Associates, increasing the contract amount by $82,951 for a total contract amount not to exceed $1,108,773; and (2) agreement with John Roberto Associates, increasing the contract amount by $15,000 for a total contract amount not to exceed $128,000; and (b) approve Transfer of Funds increasing appropriations in the Department Marin County BOS Minutes 8 11/23/2004

9 of Public Works, Special Projects, CTMP-COMP Transportation Management Plan, Contract Services Miscellaneous account ($97,951), and the corresponding CTMP-COMP Transportation Management Plan, Other Aid Federal account ($97,951), offset by a decrease in appropriations in the Special Projects, Transportation Authority of Marin ( TAM ) Transportation Improvement DKS Assoc., Contract Services Miscellaneous account ($97,951), and the corresponding TAM Transportation Improvement DKS Assoc., Other Aid Federal account ($97,951), through the Reserve for Encumbrances. (4/5 vote) [Transportation] 30. REQUEST FROM THE SHERIFF TO APPROVE THE ADDITION OF 1.0 FTE SHERIFF S SERVICE ASSISTANT (CLASS #0700), EFFECTIVE DECEMBER 5, 2004, TO STREAMLINE THE SUSPECT FINGERPRINT AND BOOKING PROCESS. (NO NET COUNTY COSTS.) (4/5 vote) [Sheriff] M/s Brown-Adams, to (a) approve the addition of 1.0 FTE Sheriff s Service Assistant (Class #0700), effective December 5, 2004, to streamline the suspect fingerprint and booking process; and (b) approve Transfer of Funds increasing appropriations in the County of Marin, Civil, Net Cost Positions Added account ($26,949) offset by receipt of ongoing revenues in accordance with Government Codes and into the Other Miscellaneous Refunds and Reimbursements account ($26,949) 26. The Board recessed at 12:00 p.m. to meet as the Marin County Open Space District Board of Directors and reconvened as the Board of Supervisors at 12:10 p.m. Supervisors Rose and Kinsey were absent. 14. REQUEST FROM SUPERVISOR BROWN TO SEND A LETTER TO THE CALIFORNIA PUBLIC UTILITIES COMMISSION ( CPUC ) IN SUPPORT OF A PROPOSED DECISION ON RULEMAKING REGARDING PHASE 1 COMMUNITY CHOICE AGGREGATION ( CCA ) ISSUES [Public Utilities] On behalf of Supervisor Brown, M/s Adams-Murray, to authorize the President to execute a letter to the California Public Utilities Commission ("CPUC") in support for protecting the rights of cities, counties, and joint powers authorities to investigate or create Community Choice Aggregations ("CCA"). 15. REQUEST TO AUTHORIZE PRESIDENT TO EXECUTE A FUNDING AGREEMENT WITH THE MARIN COUNTY TRANSIT DISTRICT PROVIDING A $420,000 LOAN TO THE DISTRICT, FOR FIXED ROUTE TRANSIT SERVICES [Transit District] By letter dated November 23, 2004, Transit Manager Amy Van Doren submitted her report and recommendations regarding the above-captioned matter. Marin County BOS Minutes 9 11/23/2004

10 M/s Adams-Murray, to authorize the President to execute a funding agreement with the Marin County Transit District, providing a $420,000 loan from the County to the District for costs related to fixed route and paratransit bus services provided between November 1, 2003 through October 31, FIRST READING: ORDINANCE ESTABLISHING AND REVISING FEES AND PROCEDURES FOR USE OF COUNTY LIBRARY FACILITIES AND REPEALING ORDINANCE NO [Library] By letter dated November 23, 2004, Director of County Library Services Carol Starr submitted her report and recommendations regarding the above-captioned matter. M/s Adams-Murray, to waive reading of the proposed ordinance and request the clerk to read the ordinance by title only. The clerk read the title of the proposed ordinance and the merit hearing was set for December 7, 2004, at 11:00 a.m. 17. REQUEST FROM THE MARIN COUNTY LAW LIBRARY TO ADOPT RESOLUTION INCREASING CIVIL FILING FEE COST BY $3.00 [Law Library] Pursuant to recommendation of Marin County Law Library Board of Trustees President Posie Joyce Conklin in her letter dated November 23, 2004, M/s Murray-Adams, to adopt Resolution No increasing civil filing fees to be collected for the Law Library by $3.00. Marin County Law Library Director Hal Aigner responded to a question from the Board regarding the impact of this proposed fee increase on the proposed statewide uniform filing fees proposed by the California Judicial Council. The vote on the pending motion was 18. FIRST READING: ORDINANCE ADDING TITLE 9 AND AMENDING TITLE 10 OF THE MARIN COUNTY CODE PERTAINING TO GUIDELINES AND REGULATIONS FOR THE DEPARTMENT OF CULTURAL SERVICES AND THE DEPARTMENT OF PARKS AND OPEN SPACE [Cultural Services] By letter dated November 23, 2004, County Administrator Mark Riesenfeld submitted his report and recommendations regarding the above-captioned matter. Mr. Riesenfeld advised that amendments to the draft ordinance have been distributed, noting that the proposed changes clarify the terms of the members appointed to the Cultural Services Commission and the Parks and Open Space Commission. Mr. Riesenfeld stated that this change reflects suggestions that were made at a recent Parks Commission meeting. Marin County BOS Minutes 10 11/23/2004

11 M/s Adams-Murray, to waive reading of the proposed ordinance and request the clerk to read the ordinance by title only. The clerk read the title of the proposed ordinance and the merit hearing was set for December 7, 2004, at 11:00 a.m. 19. REQUEST FROM THE HUMAN RESOURCES DEPARTMENT TO ADOPT RESOLUTION TO ENABLE COUNTY EMPLOYEES TO BUY BACK QUALIFYING PART- TIME SERVICE FOR RETIREMENT SERVICE CREDIT [Human Resources] By letter dated November 23, 2004, Human Resources Director Laura Armor submitted her report and recommendations regarding the above-captioned matter. M/s Adams-Murray, to adopt Resolution No , to enable County employees to buy back qualifying part-time service for retirement service credit. 20. REQUEST FROM THE HUMAN RESOURCES DEPARTMENT TO APPROVE BENEFITS COVERAGE FOR CHILDREN OF EMPLOYEES REGISTERED DOMESTIC PARTNERS, EFFECTIVE DECEMBER 19, 2004 [Human Resources] By letter dated November 23, 2004, Human Resources Director Laura Armor submitted her report and recommendations regarding the above-captioned matter. M/s Adams-Murray to approve medical, dental, vision, and dependent life insurance coverage under the County's benefits plans for children of employees' domestic partners, according to the current eligibility guidelines that exist for children of employees and spouses, effective December 19, REQUEST FROM THE HEALTH AND HUMAN SERVICES DEPARTMENT TO AUTHORIZE PRESIDENT TO EXECUTE FIFTH-YEAR MODIFICATION TO THE MARIN COUNTY WORKFORCE INVESTMENT ACT ( WIA ) STRATEGIC FIVE-YEAR LOCAL PLAN FOR FY [Workforce Investment Act] By letter dated November 23, 2004, Health and Human Services Director Larry Meredith submitted his report and recommendations regarding the above-captioned item. M/s Adams-Murray, to authorize the President to execute the Fifth-Year Modification to the Marin County Workforce Investment Act ("WIA") Strategic Five-Year Local Plan for FY Marin County BOS Minutes 11 11/23/2004

12 22. REQUEST FROM THE HEALTH AND HUMAN SERVICES DEPARTMENT TO APPROVE AMENDMENT TO AGREEMENT WITH NAPA COUNTY, INCREASING THE CONTRACT AMOUNT BY $206,675 FOR A TOTAL CONTRACT AMOUNT OF $996,074, FOR PROJECT INCLUSION, PROJECT COMPASS AND PROJECT CHOICE, RELATED TO EMPLOYMENT SERVICES FOR THE DISABLED AND OTHER PERSONS ELIGIBLE FOR EMPLOYMENT SERVICES [Health and Human Services] By letter dated November 23, 2004, Health and Human Services Director Larry Meredith submitted his report and recommendations regarding the above-captioned item. M/s Murray-Adams, to authorize the President to execute Year 4 funding for 5-year grant, with Napa County, to operate Project INCLUSION, COMPASS, and CHOICE in the amount of $206,675 for FY Workforce Investment Board ("WIB") Director Nanda Schorske responded to a question from Supervisor Adams regarding hiring data and advised that she will report back to the Board on the number of people who have benefited from this program. Thereafter, the vote on the pending motion was 23. REQUEST FROM THE HEALTH AND HUMAN SERVICES DEPARTMENT TO AUTHORIZE PRESIDENT TO EXECUTE SUBCONTRACT AGREEMENTS WITH A VARIETY OF COMMUNITY-BASED AGENCIES FUNDED BY THE OLDER AMERICANS ACT AND THE STATE OF CALIFORNIA, IN THE TOTAL AMOUNT OF $606,640, TO PROVIDE VITAL SOCIAL SERVICES TO MARIN'S SENIOR RESIDENTS AND THEIR FAMILIES [Senior Citizens/Aging] Pursuant to the recommendation of Health and Human Services Director Larry Meredith in his letter dated November 23, 2004, M/s Adams-Murray, to authorize President to execute the following FY subcontract agreements: Alzheimer s Association ($21,970), Housing Authority of Marin ($28,000), Jewish Family & Children s Services ($17,900), Legal Aid of Marin ($18,000), Marin Center for Independent Living ($25,000), Marin City Community Services District ($20,000), Whistlestop ($15,000), Whistlestop ($78,540), Whistlestop ($279,590), Senior Access ($15,000), Senior Access ($30,780), Marcus Small ($5,340), West Marin Senior Services ($26,520), and West Marin Senior Services ($25,000). 24. REQUEST FROM THE HEALTH AND HUMAN SERVICES DEPARTMENT, DIVISION OF PUBLIC HEALTH, TO SET A PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION ADOPTING A FEE SCHEDULE, EFFECTIVE JANUARY 1, 2005, FOR WOMEN'S HEALTH SERVICES FAMILY PLANNING/GYNECOLOGICAL SERVICES [Health and Human Services] Pursuant to the recommendation of Health and Human Services Director Larry Meredith in his letter dated November 23, 2004, M/s Adams-Murray, to: Marin County BOS Minutes 12 11/23/2004

13 a. Schedule a public hearing for December 7, 2004, at 11:00 a.m., to consider adoption of a resolution adopting a Fee Schedule, effective January 1, 2005, for Women's Health Services Family Planning/Gynecological Services; and b. Instruct the clerk to publish notice of hearing in a newspaper of local publication. 25. REQUEST FROM THE DEPARTMENT OF PUBLIC WORKS TO SCHEDULE A HEARING FOR A PROPOSED 2.72% RATE INCREASE BY SHORELINE DISPOSAL FOR THE WEST MARIN FRANCHISE AREA 1 [Waste Management] By letter dated November 23, 2004, Public Works Program Manager Jeff Rawles submitted his report and recommendations regarding the above-captioned matter. M/s Adams-Murray, to: a. Schedule a public hearing for December 7, 2004, at 11:00 a.m., for Shoreline Disposal's requested 2.72% increase for West Marin Franchise Area Number 1; and b. Instruct the clerk to publish notice of the hearing in a newspaper of local publication. 27. HEARING: ORDINANCE ADDING CHAPTER 3.50, COUNTY SURVEYOR FEES AND REPEALING CHAPTER OF THE MARIN COUNTY CODE [Public Works] By letter dated November 23, 2004, Senior Civil Engineer Eric Steger submitted his report and recommendations regarding the above-captioned matter. The hearing was declared open. There being no public comment, the hearing was closed. M/s Adams-Murray, to adopt Ordinance No adding Chapter 3.50, County Surveyor Fees, and repealing Chapter of the Marin County Code. 28. HEARING: ORDINANCE REPEALING MARIN COUNTY CODE CHAPTER 2.52, REPEALING AND REENACTING CHAPTER 2.56; AND ADOPTING THE COUNTY OF MARIN PERSONNEL MANAGEMENT REGULATIONS [Human Resources] By letter dated November 23, 2004, Human Resources Director Laura Armor submitted her report and recommendations regarding the above-captioned matter. The hearing was declared open. There being no public comment, the hearing was closed. M/s Adams-Murray, to adopt Ordinance No repealing Marin County Code Chapter 2.52, repealing and reenacting Marin County Code Chapter 2.56, adopting the County of Marin Personnel Management Regulations, and authorizing the President to execute the County of Marin Personnel Management Regulations. Marin County BOS Minutes 13 11/23/2004

14 29. REQUEST FROM THE AUDITOR-CONTROLLER TO ADOPT THE FOLLOWING RESOLUTIONS AUTHORIZING THE TEMPORARY TRANSFER OF FUNDS FOR MEETING FY MAINTENANCE OBLIGATIONS [Auditor] Pursuant to the recommendation of Auditor-Controller Richard Arrow in his letters dated November 23, 2004, M/s Murray-Adams, to: a. Adopt Resolution No authorizing the temporary transfer of funds to the San Rafael Redevelopment Agency, in an amount not to exceed $2,658,825; b. Adopt Resolution No authorizing the temporary transfer of funds to the Novato Fire Protection District, in an amount not to exceed $10,335,361; and c. Adopt Resolution No authorizing the temporary transfer of funds to the Marinwood Community Services District, in an amount not to exceed $500, REQUEST FROM THE SHERIFF'S OFFICE OF EMERGENCY SERVICES TO APPROVE AN AGREEMENT WITH THE CITY AND COUNTY OF SAN FRANCISCO TO PARTICIPATE IN THE URBAN AREA SECURITY INITIATIVE ("UASI") GRANT PROGRAM, FUNDED THROUGH THE GOVERNOR S OFFICE OF EMERGENCY SERVICES AND THE U.S. DEPARTMENT OF HOMELAND SECURITY. (THE AMOUNT ALLOCATED FOR THE MARIN OPERATIONAL AREA IS $1,500,000.) [Sheriff] Item was removed from the Agenda during Item 8, the Administrator's Report. 32. REQUEST FROM THE COMMUNITY DEVELOPMENT AGENCY TO AUTHORIZE PRESIDENT TO EXECUTE AN AMENDMENT TO A HOME INVESTMENT PARTNERSHIPS PROGRAM AGREEMENT, WITH CITIZENS HOUSING CORPORATION, INCREASING THE CONTRACT AMOUNT BY $350,000 FOR A TOTAL CONTRACT AMOUNT OF $1,025,000, FOR THE DEVELOPMENT OF FIRESIDE HOUSING [Community Development Block Grant] By letter dated November 23, 2004, Community Development Coordinator Roy Bateman submitted his report and recommendations regarding the above-captioned matter. M/s Adams-Murray, to authorize President to execute an amendment to a HOME Investment Partnerships Program agreement with Citizens Housing Corporation for the development of Fireside Housing, increasing the contract amount to $350,000 (Account ), for a total contract amount of $1,025, APPOINTMENTS a. Child Care Commission M/s Adams-Murray, to appoint Yen Lori Do, Mark Olson, Elsa Espinoza, Naomi Spiegelman, Jody Windisch, and Leah Sanders to the Marin Child Care Commission. Marin County BOS Minutes 14 11/23/2004

15 M/s Adams-Murray, to ratify appointments of Elizabeth Foster, Julia Bertram Nations, David Hughes, and Mary Donovan made by the Marin County Superintendent of Schools. b. Civic Center Conservancy Scheduled appointment for December 14, c. Mental Health Board Scheduled appointment for December 14, d. Personnel Commission One At-Large term expiration. Applications have been received from Richard Biegel, William Stephens (incumbent), Mary Stompe, and Janet L. McAllister. After a brief discussion among Board members, M/s Murray-Adams, to appoint William Stephens to the At-Large vacancy on the Personnel Commission. The Board recessed at 12:24 p.m. to meet in closed session. 34. CLOSED SESSION The Board met in closed session at 12:30 p.m. to discuss the following: a. Conference with Legal Counsel regarding existing litigation pursuant to California Government Code Section (a). Name of Case: Quinlivan v. County of Marin, U.S. District Court, Case No. C PJH. [Board of Supervisors] b. Conference with Legal Counsel regarding existing litigation pursuant to California Government Code Section (b). Name of Case: Natural Solutions Land Management & Environmental Services, LLC, et al. v. Marin Humane Society, et al., Marin County Superior Court, Case No. CV [Humane Society] The Board recessed at 1:10 p.m. and reconvened in open session at 1:14 p.m. Supervisors Rose and Kinsey were absent. 35. ANNOUNCEMENT FROM CLOSED SESSION [Board of Supervisors] The President reported that the Board met in closed session and advised that the Board unanimously authorized County Counsel to waive actual or potential conflict of interest regarding Clyde Thompson for simultaneous representation of the County of Marin in various matters and Mrs. Shawn P. Quinlivan in the proceeding Quinlivan v. County of Marin, U.S. District Court, Case No. C PJH. The President advised that there was nothing further to report at this time. Marin County BOS Minutes 15 11/23/2004

16 36. HEARING: KENT WOODLANDS PROPERTY OWNERS ASSOCIATION S APPEAL OF THE LAMAR DESIGN REVIEW (DR 04-38), 25 WESTWOOD DRIVE, KENTFIELD (APN ) [Community Development Agency] County Administrator Mark Riesenfeld acknowledged receipt of a memo dated November 23, 2004, from Community Development Principal Planner Tom Lai regarding a communication from Gary Giacomini, legal counsel representing Steven and Lisa Lamar, supporting a continuance of the above-referenced hearing to December 7, There being no further discussion, the Board agreed to continue the hearing to December 7, The meeting was adjourned at 1:15 p.m. in memory of Velma Azevedo and John Gompertz. SINE DIE ATTEST: PRESIDENT CLERK Marin County BOS Minutes 16 11/23/2004