DRAFT REGULAR MEETING OF THE MARIN COUNTY BOARD OF SUPERVISORS HELD TUESDAY, AUGUST 6, 2013, AT 9:00 A.M.

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1 DRAFT REGULAR MEETING OF THE MARIN COUNTY BOARD OF SUPERVISORS HELD TUESDAY, AUGUST 6, 2013, AT 9:00 A.M. Roll Call Present: Absent: Supervisor Rice; Supervisor Arnold; Supervisor Sears; Supervisor Kinsey Supervisor Adams 1. INFORMATIONAL PRESENTATION REGARDING MARIN EMERGENCY RADIO AUTHORITY ("MERA") PLANNING AND IMPLEMENTATION EFFORTS FOR A NEXT GENERATION SYSTEM TO MAINTAIN AND ENHANCE COUNTYWIDE EMERGENCY RESPONSE CAPABILITIES Marin County Fire Chief Jason Weber provided a brief presentation regarding Marin Emergency Radio Authority's ("MERA") efforts to enhance countywide emergency response capabilities. Public Works Assistant Director Craig Tackabery advised that there are four sites included in the $40 million project budget, which include Tomales, Tiburon, Wolfback and Muir/Stinson, and noted that other sites have been prioritized and will be considered, funding permitting. The Board recessed at 9:55 a.m. and reconvened in the Board of Supervisors' Chambers (Room 330) at 10:08 a.m. Supervisor Adams was absent. 2. PRESENTATION OF "EMPLOYEE OF THE MONTH" AWARD, JULY 2013, TO RAQUEL BURCINA, FROM THE SHERIFF S OFFICE Supervisor Rice announced that Raquel Burcina of the Sheriff's Office was the "Employee of the Month" for July Supervisor Rice read a list of Ms. Burcina's accomplishments and presented her with gifts commemorating the occasion. Sheriff Bob Doyle acknowledged Ms. Burcina for her efforts on behalf of the County and community. Ms. Burcina expressed appreciation to the Board and to her colleagues. 3. BOARD OF SUPERVISORS MATTERS AND INFORMATIONAL UPDATES CONCERNING REGIONAL BOARD ASSIGNMENTS Consent Calendar Item CB-1 Supervisor Sears commented briefly regarding the agreement to update the Marin County Climate Action Plan. In Memoriam Supervisor Rice requested the Board adjourn in memory of Grant McAllister Martin. Labor Management Council Workshop Supervisor Kinsey commented briefly on a recent Labor Management Council Workshop which he and Supervisor Sears attended. Marin County BOS Minutes 1 8/6/2013

2 4. ADMINISTRATOR S REPORT Consent Calendar Item CA-8 County Administrator Matthew Hymel introduced Human Resources Director Joanne Peterson, who commented briefly about the agreement with Dominican University to provide instruction for the Leadership Academy program. Ms. Peterson acknowledged former Personnel Commissioner Donald Casey for his gift to the Leadership Academy program and his service to the County. Personnel Commission Chair Janet McAllister spoke about Mr. Casey's contributions to the Commission and the County and Dr. Franco Vicino spoke about the partnership between Dominican University and the County of Marin. Urgency Item Mr. Hymel advised that County Parks' staff has requested an urgency finding to add an item related to the Agate Beach Parking Lot Improvement Project. M/s Supervisor Sears - Supervisor Kinsey to determine as an urgency item that the need to take action arose subsequent to the agenda being posted. Parks Deputy Director Ron Miska briefly described the need for the urgency. M/s Supervisor Kinsey - Supervisor Rice to approve an increase in the contingency amount of $65,000 for construction of the Agate Beach Parking Lot Improvement Project due to unforeseen soil conditions as detailed in staff report dated August 6, Supervisor Kinsey requested that staff bring visuals of the project to the Board upon completion. 5. OPEN TIME Women Helping All People ("WHAP") The Executive Director of Women Helping All People ("WHAP") asked the Board, acting as the Housing Authority Board of Commissioners, to intervene in WHAP's eviction from Golden Gate Village public housing. Two members of the public expressed support for WHAP. 8. REQUEST FROM SUPERVISOR ADAMS TO ADOPT RESOLUTION PROCLAIMING AUGUST AS "BREASTFEEDING AWARENESS MONTH" M/s Supervisor Arnold - Supervisor Rice on behalf of Supervisors Adams, to adopt resolution proclaiming August as "Breastfeeding Awareness Month." Marin County BOS Minutes 2 8/6/2013

3 Health and Human Services Director Dr. Larry Meredith thanked the Board and introduced Planner Susan Martinelli, who recognized Women, Infants and Children Program ("WIC") staff and peer counselors. Two peer counseling program participants spoke briefly regarding their experiences. 6. CONSENT CALENDAR A (ITEMS CA-1 THROUGH CA-10) ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board.) M/s Supervisor Kinsey - Supervisor Sears to approve Consent Calendar A, as presented. CA-1. CA-2. CA-3. Board of Supervisors: a. Request to adjourn in memory of Grant McAllister Martin and Robert Spain. b. Approval of minutes of the special meetings of July 29 and 31, c. Appointments i. Children and Families Commission Scheduled appointment for September 10, 2013 for one term expiration representing Health and Human Services (Sparkie Spaeth, incumbent). ii. County Service Area ("CSA") 16 - Greenbrae Scheduled appointment for September 10, 2013 for one vacancy due to the resignation of Theresa McLean. iii. Housing Authority Board of Commissioners Scheduled appointments for September 10, 2013 for two term expirations as follows: one representing Marin Housing Authority ("MHA") tenants and one representing senior MHA tenants (Homer Hall and Rob Simon, incumbents). iv. Workforce Investment Board ("WIB") Scheduled appointment for September 10, 2013 for one vacancy representing Business due to the resignation of Joan Capurro. d. Request from Supervisor Arnold to adopt resolution commending Jerry Kay and Kay Productions for their service, partnership, and assistance in promoting greater public information, engagement, and outreach to County residents. County Administrator: a. Request to adopt Resolution No continuing the local emergency declaration for the County of Marin in conformance with Government Code Section b. Authorize President to execute agreement with Redwood High School Foundation in the amount of $100,000, to partially support the conversion of Ghilotti Field to a synthetic turf field community field. c. Authorize President to execute agreement with HMC Architects, in the amount of $84,700, for programming, space planning, and design services to plan for consolidation of County leases into vacant space at 1600 Los Gamos Drive, San Rafael. d. Request to adopt Resolution No authorizing the County to borrow up to $7.4 million and authorizing the County to execute temporary notes of indebtedness over the next five years to provide for leasing commissions and tenant and building improvements at 1600 Los Gamos Drive, San Rafael. County Counsel: Request to approve personnel adjustments in the Office of County Counsel as detailed in staff report dated August 6, Marin County BOS Minutes 3 8/6/2013

4 CA-4. CA-5. CA-6. CA-7. CA-8. CA-9. Cultural Services: Authorize President to execute agreement with MPSF, Inc. dba Marin Speakers Lecture Series, for presenting a lecture series from September 9, 2013, through April 3, 2014, in the Marin Veterans' Memorial Auditorium. Finance: Request to adopt Resolution No authorizing temporary transfer of funds, in an amount not to exceed $10,000,000, to the Tamalpais Union High School District for meeting the obligations incurred for maintenance purposes. Fire: Authorize President to execute agreement with Bridget Peterson, in the amount of $35,520, to provide coordination of the Emergency Medical Services ("EMS") Education Program. Health and Human Services: Authorize President to execute FY agreement with Seneca Family of Agencies, in the amount of $44,100, to provide emergency shelter home services for Marin County families. Human Resources: Authorize President to execute agreement with Dominican University, in the amount of $61,400, to provide instruction for the Leadership Academy program. Public Works: a. Authorize President to execute Cooperative Agreement with the City of Sausalito for real estate services related to the Cazneau to Filbert Stairway Improvement Project. b. Authorize President to execute agreement with GHD, in an amount not to exceed $136,866, to support the Las Gallinas Watershed Program through analysis of the Santa Venetia storm drain and pumping system and identification of alternate drainage improvements. c. Authorize President to execute agreement with David Ford Consulting Engineers, in an amount not to exceed $75,000, for hydrologic and hydraulic modeling services to support implementation of the Watershed Program. d. Request to adopt Resolution No supporting participation in the Water Bond Coalition and designating Supervisor Kinsey as the County s representative to the Water Bond Coalition. CA-10. Sheriff: Authorize President to execute agreement with Cit Com, Inc., in an amount not to exceed $110,000, for the period of July 16, 2013 through June 30, 2015, to provide public safety technology modernization consulting. 7. CONSENT CALENDAR B (ITEMS CB-1 THROUGH CB-2) ("Consent Calendar B" reflects those agenda items requiring 4/5 vote of available members relating to budgetary matters.) M/s Supervisor Sears - Supervisor Rice to approve Consent Calendar B, as presented. Marin County BOS Minutes 4 8/6/2013

5 CB-1. Community Development Agency: Request to (a) authorize President to execute the following agreements with ICF Jones & Stokes, Inc. to complete an update the Marin County Climate Action Plan: (i) agreement 1, in an amount of $18,568; and (ii) agreement 2 in the amount of $76,267; and (b) approve related budget adjustments as detailed in staff report dated August 6, CB-2. Health and Human Services: a. Effective August 4, 2013, request to approve personnel adjustments in the Public Guardian due to restructuring, resulting in a reduction of net county cost, as detailed in staff report dated August 6, b. Effective August 4, 2013, request to approve cost neutral personnel adjustments in Public Assistance Eligibility, as detailed in staff report dated August 6, Marin County BOS Agenda 1 8/6/ REQUEST FROM THE COUNTY ADMINISTRATOR FOR BOARD CONCURRENCE AND ADOPTION OF RESPONSE TO GRAND JURY REPORT: "MEDICAL MARIJUANA: UP IN SMOKE?" (MAY 17, 2013) By letter dated August 6, 2013, County Administrator Matthew Hymel submitted his report and recommendations regarding the above-captioned matter. M/s Supervisor Kinsey - Supervisor Sears to concur in and thereby adopt response and direct the President to submit the response to the Presiding Judge. Board members commented on Federal law relating to medical marijuana dispensaries and discussions of the County's Medical Marijuana sub-committee. Supervisor Rice requested a revision to Response 3 to reflect the ongoing nature of sub-committee discussions. The maker and seconder of the motion agreed to the revised language in Response 3. Thereafter, the vote on the pending motion was 10. REQUEST FROM THE COUNTY ADMINISTRATOR FOR BOARD CONCURRENCE AND ADOPTION OF RESPONSE TO GRAND JURY REPORT: "MARIN S RETIREMENT HEALTH CARE BENEFITS: THE MONEY ISN T THERE" (JUNE 3, 2013) By letter dated August 6, 2013, County Administrator Matthew Hymel submitted his report and recommendations regarding the above-captioned matter. M/s Supervisor Kinsey - Supervisor Sears to concur in and thereby adopt response and direct the President to submit the response to the Presiding Judge. Three representatives of Marin Citizens for Sustainable Pensions Plans ("MCSPP") expressed concerns regarding the County's responses to various Findings in the Report. Marin County BOS Minutes 5 8/6/2013

6 County Administrator Matthew Hymel responded briefly to the speakers' comments and suggested an amendment to the Response to Finding 5. The maker and seconder of the motion agreed to the proposed amendment. Thereafter, the vote on the pending motion was 11. FIRST READING: ORDINANCE ESTABLISHING THE SPEED LIMIT ON PORTIONS OF NICASIO VALLEY ROAD, NICASIO By letter dated August 6, 2013, Senior Civil Engineer Bob Goralka submitted his report and recommendations regarding the above-captioned matter. M/s Supervisor Kinsey - Supervisor Sears to request clerk to read ordinance by title only and schedule merit hearing for September 10, 2013, at 10:30 a.m. The clerk read the title of the proposed ordinance and the merit hearing was set for September 10, 2013, at 10:30 a.m. Supervisor Kinsey acknowledged staff for their efforts to involve the community in this matter. 12. HEARING: ORDINANCE PROHIBITING U-TURNS AT THE MILLER CREEK ROAD/MARINWOOD AVENUE INTERSECTION AND ADJACENT INTERSECTIONS By letter dated August 6, 2013, Senior Civil Engineer Bob Goralka submitted his report and recommendations regarding the above-captioned matter. Mr. Goralka briefly described how the proposed ordinance will address undesirable behavior by motorists during the morning commute in the Marinwood area. The hearing was declared open to receive public testimony. A Marinwood resident spoke in support of the proposed ordinance. Seeing no one else to speak regarding this matter, the hearing was closed. M/s Supervisor Sears - Supervisor Rice on behalf of Supervisor Adams, to adopt Ordinance No prohibiting U-turns at the Miller Creek Road/Marinwood Avenue intersection and adjacent intersections. Marin County BOS Minutes 6 8/6/2013

7 13. TAX EQUITY AND FISCAL RESPONSIBILITY ACT ("TEFRA") HEARING REGARDING ISSUANCE OF UP TO $3,500,000 OF TAX-EXEMPT CONDUIT OBLIGATIONS TO FINANCE AND REFINANCE CAPITAL IMPROVEMENTS TO CERTAIN EDUCATIONAL FACILITIES OF MARIN PRIMARY & MIDDLE SCHOOL ("MP&MS") LOCATED AT 20 MAGNOLIA AVENUE, LARKSPUR By letter dated August 6, 2013, County Administrator Matthew Hymel submitted his report and recommendations regarding the above-captioned matter. M/s Supervisor Rice - Supervisor Kinsey to adopt Resolution No approving taxexempt financing by the California Statewide Communities Development Authority ("CSCDA"), in an aggregate principal amount not to exceed $3,500,000, to finance and refinance capital improvements to certain educational facilities of Marin Primary & Middle School located at 20 Magnolia Avenue, Larkspur, CA. The public hearing was declared open to receive public testimony. Seeing no one present to speak, the hearing was closed. Thereafter, the vote on the pending motion was The Board recessed at 11:04 a.m. and reconvened at 1:33 p.m. Supervisor Adams was absent. 14. HEARING: BLACK POINT IMPROVEMENT CLUB ET AL. APPEAL OF THE PLANNING COMMISSION S APPROVAL OF THE BALESTRERI USE PERMIT (13-1) AND DESIGN REVIEW (13-20) By letter dated August 6, 2013, Community Development Agency Director Brian Crawford and Planner Lorene Jackson submitted their report and recommendations regarding the above-captioned matter, on behalf of the Planning Commission. Ms. Jackson gave a visual presentation providing an overview of the site location and proposed construction and operation of a kilowatt ("kw") photovoltaic solar farm at the corner of Olive and Atherton Avenues in Novato. Ms. Jackson concluded her report advising that staff is recommending the Board, on behalf of the Planning Commission, deny the appeal filed by Black Point Improvement Club, Marin Audubon Society, and the Olive Ridge Home Owners' Association. Staff responded to questions from Board members. The hearing was opened to receive public comment. On behalf of the applicants, the President of Rep Energy, Inc., Attorney Leonard Rifkind, and Lisa Balestreri addressed the Board. The speakers commented on aspects of the existing Green Point Nursery, provided a visual presentation illustrating the proposed project; commented on the California Environmental Quality Act ("CEQA") guidelines; emphasized the need for renewable energy and concerns regarding global warming; and urged the Board to deny the appeal and uphold the Planning Commission's approval. Marin County BOS Minutes 7 8/6/2013

8 On behalf of the appellants, the President of Black Point Improvement Club, a representative of Marin Audubon, and a Board member of the Olive Ridge Home Owners' Association addressed the Board. The speakers generally commented on issues related to community character and project impacts on Baylands Corridor, expressed concerns regarding the project's categorical exemption from CEQA, and expressed support for adoption of a countywide ordinance regulating solar facilities. Representatives of Marin Conservation League and Marin Baylands Advocates and several residents expressed concerns regarding environmental impacts, flooding, zoning, visual impacts, lack of compliance with Baylands Corridor, and noted the need of an ordinance. Representatives of Sustainable Novato, Marin Clean Energy, and Sustainable San Rafael; and several residents expressed support for the project and expressed concern regarding climate change. Seeing no one else present to speak, the hearing was closed. Mr. Crawford responded to several issues, noting the project is subject to both a use permit and design review, and that future ground mounted commercial projects for solar facility installations would also require review. Mr. Crawford clarified that the County's design review authority allows the Board to consider visual impacts and other zoning and general plan standards in making their decision on the appeal. Mr. Crawford also pointed out that the Board could apply the Black Point Community Plan that identifies the subject property as a sensitive area where urban development is discouraged and views should be maintained. Mr. Crawford also advised that the Board could amend the Community Development Agency Work Plan to include development of a future ordinance regulating solar facilities. Environmental Planning Manager Rachel Warner responded to comments related to the project being determined to be Categorically Exempt from the requirements of CEQA pursuant to Sections 15061(b)(3) and Discussion ensued among Board members and staff related to Black Point Community Plan Policy 5 and Policy 9, Section 15303, environmental studies provided by the applicant; sensitive habitats, flooding and liquefaction and review for solar project installations. Supervisors Arnold, Rice, and Sears outlined their concerns related to the proposed project and their interest in developing a county solar facility ordinance. Supervisor Kinsey commented on the Agricultural Residential Plan ("ARP") and climate change; and expressed support for the project. M/s Supervisor Arnold - Supervisor Sears to support the Black Point Improvement Club, the Marin Audubon Society, and the Olive Ridge Home owners' Association appeal and add solar installations to an unspecified future work plan. Vote: Motion carried 3-1 AYES: Supervisor Rice, Supervisor Arnold, Supervisor Sears NOES: Supervisor Kinsey Marin County BOS Minutes 8 8/6/2013

9 The meeting adjourned at 4:05 p.m. in memory of Grant McAllister Martin and Robert Spain. SINE DIE PRESIDENT ATTEST: CLERK Marin County BOS Minutes 9 8/6/2013