DRAFT REGULAR MEETING OF THE MARIN COUNTY BOARD OF SUPERVISORS HELD TUESDAY, APRIL 28, 2009, AT 9:40 A.M.

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1 DRAFT REGULAR MEETING OF THE MARIN COUNTY BOARD OF SUPERVISORS HELD TUESDAY, APRIL 28, 2009, AT 9:40 A.M. Roll Call Present: Absent: Supervisor Adams; Supervisor Kinsey; Supervisor Arnold; Supervisor Brown Supervisor McGlashan 1. APPROVAL OF MINUTES OF THE REGULAR MEETINGS OF MARCH 31 AND APRIL 7, 2009, AND THE SPECIAL MEETINGS OF APRIL 1, 9 AND 20, 2009 M/s Supervisor Adams - Supervisor Arnold to approve the minutes of the regular meetings of March 31 and April 7, 2009, and the special meetings of April 1, 9 and 20, 2009, as presented. Vote: Motion carried 4-0 AYES: Supervisor Adams, Supervisor Kinsey, Supervisor Arnold, Supervisor Brown ABSENT: Supervisor McGlashan 2. BOARD OF SUPERVISORS MATTERS Marin Legal Self Help Center Supervisor Kinsey commented on the anticipated relocation of the organizations that provide community legal support services, currently housed at 30 North San Pedro Road. Supervisor Kinsey requested participation in a meeting with Marin Superior Court representatives to consider alternatives. Los Ranchitos Supervisor Adams commented on Consent Calendar item CA-10c, which continues the funding and construction of the Los Ranchitos bicycle pathway. Health Care Supervisor Adams spoke briefly about the agreements on today s Consent Calendar with Ritter Center and RotaCare Bay Area, Inc. related to the provision of medical care to the uninsured and underinsured. Supervisor Adams reported on future meetings scheduled with community members, advocates, and non-profits to address health care safety net issues and homelessness. Federal Emergency Management Agency ("FEMA") Supervisor Adams commented on Consent Calendar item CA-10g regarding reimbursement from FEMA for 2005/06 storm damages and requested that an update on the status of the cost recovery efforts be scheduled for a future Board meeting. Swine Flu Supervisor Adams advised of resources available for information regarding the recent global outbreak of the Swine Flu and recommended prevention measures. Earth Day Supervisor Adams acknowledged all who participated in Earth Day clean up efforts and commented on the noticeable decrease in the trash in the marshlands since last year. Marin County BOS Minutes 1 4/28/2009

2 Oxford Valley Montessori School Supervisor Adams reported on the April 21, 2009, community meeting of the proposed construction of a Montessori school in Oxford Valley and advised that the meeting can be viewed on the County G-Channel. National Association of Counties ("NACo") Supervisor Adams reported on her attendance last week in Sacramento at a NACo presentation regarding health care reform. California State Association of Counties ("CSAC") Supervisor Adams commented on the issues discussed at a recent CSAC meeting, including response to litigation against Proposition 218 elections, the implications of AB 155 (Mendoza) for municipalities considering bankruptcy proceedings, and the limiting of In-Home Supportive Services ("IHSS") provider payments proposed by AB 1532 (Lieu). Swine Flu Supervisor Brown briefly commented on Marin General Hospital's preparation for the Swine Flu. 7. PRESENTATION OF "EMPLOYEE OF THE MONTH" AWARD, APRIL 2009, TO KEN MERCER OF THE HEALTH AND HUMAN SERVICES DEPARTMENT Supervisor Brown announced that Ken Mercer, of the Health and Human Services Department, was the "Employee of the Month" for April Supervisor Brown read a list of Mr. Mercer s accomplishments and presented him with a cash award, a family pass to the Marin County Fair, a framed photograph of the Marin 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. Mercer expressed appreciation to the Board and to his colleagues for their support. Health and Human Services Director Dr. Larry Meredith congratulated Mr. Mercer and presented him with the Department of Health and Human Services' Shining Star award. 3. ADMINISTRATOR S REPORT Agenda Modification County Administrator Matthew Hymel requested that Consent Calendar Item CB-2a, regarding the addition of a limited-term Sheriff s Lieutenant position, be removed from today s agenda. FY 2006/07 Audit Reports Mr. Hymel briefly commented on the FY 2006/07 Audit Reports presented in Consent Calendar Item CA-1, acknowledged the Auditor-Controller staff members for their efforts, and introduced Assistant Auditor-Controller Bryon Karow. Mr. Karow presented a brief overview of the reports, introduced staff members and acknowledged their particular contributions, and commented on the status of remaining audit projects. Board members thanked the Auditor-Controller staff and expressed appreciation for successfully completing the reports for FY 2006/07 and the efforts being made to complete the reporting for FY 2007/08 and FY 2008/09. Swine Flu Marin County BOS Minutes 2 4/28/2009

3 Mr. Hymel introduced Public Health Officer Dr. Fred Schwartz who provided an update regarding available reports and information on the Swine Flu. Dr. Schwartz advised the Board on the coordination of local and regional strategies to respond to a potential epidemic. Dr. Schwartz commented on effective measures to be used by individuals to prevent contracting and spreading the illness. (Supervisor McGlashan present at 10:02 a.m.) Supervisor Adams and Dr. Schwartz discussed several issues including the availability and process for the distribution of antiviral medication and personal protective equipment, the additional emergency workers that are on alert should the virus spread, the County Public Health Laboratory s capabilities for virus testing, and the availability of information updates on the County website. In response to a question from Supervisor Kinsey, Dr. Schwartz provided details specific to the two probable cases of Swine Flu in Marin. Federal Emergency Management Agency ("FEMA") Mr. Hymel introduced Public Works Director Farhad Mansourian who gave a brief update on the County response to recent FEMA flood hazard map changes including the County mailing a letter to 10,000 residents and participating in several public informational meetings with FEMA representatives. Senior Civil Engineer Berenice Davidson summarized the questions posed at the meetings and FEMA s responses to those questions and commented on the efforts made by the Public Works Department to respond to the large number of questions and concerns created by FEMA's changes to flood hazard maps. Mr. Mansourian referred to a letter received April 24, 2009, from FEMA, using it as an illustration of the frustration experienced by property owners and the County in researching and understanding FEMA's changes to the flood hazard maps. Mr. Mansourian also referred to a letter dated April 23, 2009, from Congresswoman Woolsey, acknowledging her efforts in contacting FEMA to address the concerns from the community and the County. (Supervisor Adams absent at 10:19 a.m.) (Supervisor Adams present at 10:21 a.m.) Supervisors Arnold and Brown acknowledged the work of the Public Works staff and encouraged staff to contact Senators Boxer and Feinstein to further highlight the challenges faced by the community and the County in dealing with FEMA on this issue. 2. BOARD OF SUPERVISORS MATTERS (CONTINUED) In Memoriam Supervisor McGlashan requested an urgency finding to adjourn the meeting in memory of Michael Embley, former Sausalito police sergeant. M/s Supervisor McGlashan - Supervisor Kinsey to determine that the need to take action arose subsequent to the agenda being posted and to adjourn the meeting in memory of Michael Embley. Marin County BOS Minutes 3 4/28/2009

4 4. OPEN TIME Marin City Community Services District ("CSD") Marin City CSD Director Robert Fisher thanked the County Auditor-Controller staff for assistance with financial audit issues and briefly commented on the confusion regarding Federal Emergency Management Agency ("FEMA") flood hazard area maps. Homelessness Several members of the public expressed concerns regarding the ongoing needs of the homeless noting the potential spread of the Swine Flu virus and the impending closure of a women's shelter. 5. CONSENT CALENDAR A (ITEMS CA-1 THROUGH CA-11) ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board.) In response to questions from Supervisor Adams, Community Development Agency Principal Planner Leelee Thomas clarified the figures submitted in the 2008 Annual Report on Housing Element Progress in Item CA-3e. M/s Supervisor Adams - Supervisor Kinsey to approve Consent Calendar A as presented. CA-1. Auditor-Controller Approve Report of Examination of Financial Statements, Audit of Federal Financial Assistance Program and Independent Auditor s Report for Fiscal Year Ended June 30, 2007, as submitted. CA-2. Board of Supervisors a. Appointments: i. Children and Families Commission Scheduled appointment for May 19, 2009, for one At-Large term expiration (Alicia Suski, incumbent). ii. Mental Health Board Scheduled appointment for May 19, 2009, for one vacancy due to the resignation of Hilarie Kane. b. Supervisor Adams requesting resolution proclaiming May 1, 2009, "Silver Star Banner Day" honoring our wounded/ill Veterans. CA-3. Community Development Agency a. Authorize President to execute Community Development Block Grant ("CDBG") agreement with Marin City Health & Wellness Center, in the amount of $5,000, for clinic operating costs. b. Authorize President to execute amendment to Community Development Block Grant ("CDBG") agreement with Quality Care for Kids, Inc., in the amount of $6,100 for a total contract amount of $62,269, for child care scholarships. c. Authorize President to execute amendment to the Community Development Block Grant ("CDBG") agreement with Fairfax-San Anselmo Children s Center, increasing the contract by $7,000 for a total contract amount of $58,000, for rehabilitation of the child care center. d. Authorize President to execute Community Development Block Grant ("CDBG") amendment to cooperation agreement with Marin Learning Center, Community Action Marin County BOS Minutes 4 4/28/2009

5 Marin, in the amount of $6,232 for a total contract amount of $67,511, for therapeutic services. e. Request to accept the 2008 Annual Report on Housing Element Progress, required by the State of California Housing and Community Development Agency ("HCD") and the California Office of Planning and Research ("OPR"). CA-4. County Administrator a. Authorize President to execute agreement with the Marin Agricultural Land Trust ("MALT"), in the amount of $30,000, to support the acquisition and monitoring of agricultural conservation easements. b. Authorize President to execute agreement with HDR, Inc., in an amount not to exceed $14,968, to prepare a supplemental Mill Valley-Sausalito Transit Corridor Demand and Ridership Assessment. CA-5. District Attorney Request to adopt Resolution No authorizing submission of application to the California Emergency Management Agency ("CalEMA") for continuation of the Victim Witness Assistance Program and authorizing the District Attorney to execute, on behalf of the County, the grant award agreement and any extensions or amendments thereof. CA-6. Health and Human Services NOTE: Agreements in Item CA-6a are renewals of existing agreements that were included in and funded in the FY budget. a. Authorize President to execute FY agreements with (i) Ritter Center, in the amount of $65,900; and (ii) RotaCare Bay Area, Inc., in the amount of $35,900, to provide medical care services to uninsured and underinsured Marin County residents. b. Authorize President to execute FY agreement with the Center for Restorative Practice ("CFRP"), in the amount of $71,440, to assist families in developing and implementing service plans for children with serious emotional disturbances. c. Authorize President to send a letter supporting SB 654 (Leno) regarding foster youth eligibility for independent living skills education. CA-7. Information Services and Technology Authorize President to execute agreement with Burntsand Consulting, in the amount of $20,800, to provide Microsoft SharePoint consulting and training services. CA-8. Parks Request to authorize President to execute agreement with MIG, Inc., in the amount of $195,000, to prepare design development and construction drawings for Creekside Park. CA-9. Probation Authorize President to execute agreement with Bay Area Community Resources, in the amount of $468,573, to provide adolescent substance abuse treatment services. CA-10. Public Works a. Approve temporary closure of Calle del Mar, between State Highway 1 and Arenal Avenue, in Stinson Beach on Saturday, May 9, 2009, from 5:00 a.m. to 8:00 p.m., for the "Cuisine on the Green" community event. b. Approve temporary closure of Railroad Avenue, between Garden Way and San Geronimo Valley Drive, in Woodacre on July 4, 2009, from 11:45 a.m. to 12:45 p.m. for the annual Independence Day parade. Marin County BOS Minutes 5 4/28/2009

6 c. Authorize President to execute agreement with Questa Engineering Corporation, increasing the amount by $42,323 for a total contract amount of $202,314, and extending the completion date to December 31, 2009, for the Los Ranchitos Connector Class II Bicycle project. (Project No ) d. Request to (i) authorize President to execute Notice of Completion for the terrace repair and deck resurfacing project at the Administration Building; and (ii) authorize release of retention, 35 days following Board action, in the amount of $10, to CF Contracting of Fairfax. (Project No. CAP ). e. Authorize President to execute 2009 Federal Apportionment Exchange Program and State Match Program Agreement with the California Department of Transportation ("Caltrans") to exchange Regional Surface Transportation Program ("RSTP") apportionment for an equal amount of non-federal funds from the State Highway Account to maximize the potential financial benefit to the County. f. Authorize President to execute (i) Right of Way contract to purchase a permanent easement from Barbara L. Walker, Trustee of the James R. and Barbara L. Walker 1988 Trust, over property located at 900 Andersen Drive, San Rafael; and (ii) Certificate of Acceptance of Grant of Interest in Real Property. g. Authorize President to execute fourth addendum to agreement with Kermani Consulting Group, increasing the amount by $175,000 for a total contract amount of $666,000, and extending the contract term to December 30, 2010, for services related to 2005/06 winter storm disaster cost recovery efforts with the Federal Emergency Management Agency ("FEMA") and the State Office of Emergency Services. h. Request to approve plans and specifications and direct Clerk to advertise for bids for the 2009 Pavement Rehabilitation Program for various roads in Marin County. (Engineer s Estimate: $1,600,000, Project No. 09MASTPSRR) i. Authorize President to execute fourth amendment to the agreement with Lou Antonelli, extending the term of the contract to December 31, 2011, and increasing the contract by $75,000 for a total contract amount of $135,000, for services related to the County s Disability Access Program. j. Authorize (i) President to execute agreement with FleetTalk Partners, Ltd., in the amount of $562,500, to purchase five new public safety frequencies; and (ii) Public Works Director to file for license with the Federal Communications Commission ("FCC"). CA-11. Treasurer Monthly report of County, Schools, and District Investments as of March 31, CONSENT CALENDAR B (ITEMS CB-1 THROUGH CB-2) ("Consent Calendar B" reflects those agenda items requiring four affirmative votes relating to budgetary matters.) M/s Supervisor Adams - Supervisor Arnold to approve Consent Calendar B with CB-2a removed. CB-1. Health and Human Services a. Effective May 3, 2009 to take the following actions to address the specialized knowledge and skills required for benefits administration: (i) delete 1.0 FTE Secretary; (ii) add 1.0 FTE Office Services Supervisor; and (iii) approve related budget actions as detailed in staff report dated April 28, b. Request to (i) authorize President to execute grant agreement with the Metropolitan Transportation Commission ("MTC"), in the amount of $100,000, to develop a Senior Marin County BOS Minutes 6 4/28/2009

7 Mobility and Action Implementation Plan; and (ii) approve related budget actions as detailed in staff report dated April 28, CB-2. Sheriff a. This item was removed from the agenda under Item 3, the Administrator's report, for consideration at a later date. b. Request to (i) authorize President to execute agreement with the City and County of San Francisco to participate in a Regional Catastrophic Preparedness grant program, funded through the California Emergency Management Agency ("CalEMA"), to improve the response capabilities of the Marin County Operational Area; and (ii) approve related budget actions as detailed in staff report dated April 28, (The amount allocated for the Marin Operational Area is $91,872.) 8. SUPERVISOR ARNOLD REQUESTING RESOLUTION PROCLAIMING MAY 2009 AS "ELDER ABUSE AWARENESS AND PREVENTION MONTH" M/s Supervisor Arnold - Supervisor Adams to adopt resolution proclaiming May 2009 as "Elder Abuse Awareness and Prevention Month." Supervisor Arnold read and presented the resolution to Commission on Aging representative Roberta Romeo who introduced other members of the Commission who were present, thanked the Board and several supportive non-profit organizations, and briefly commented on the challenges being addressed by the Commission s Elder Abuse Task Force. Supervisor Brown acknowledged the Commission on Aging for their work. 9. REQUEST TO AWARD CERTIFICATES TO 18 NEWLY CERTIFIED MARIN GREEN BUSINESSES By letter dated April 28, 2009, Community Development Agency Director Brian Crawford and Planner Dana Armanino submitted their report and recommendations regarding the abovecaptioned matter. (Supervisor Brown absent at 10:44 a.m.) Ms. Armanino reported that the businesses being certified today brings the total to 338 in Marin, with over 1,700 Certified Green Businesses in the Bay Area. Ms. Armanino presented the certificates to the following newly certified Green Businesses: Bremner Real Estate, Carrie Sherriff Real Estate, Clean Air Lawn Care, The Coaches Training Institute, Coleman Cosby Landscape Design & Installation, Garden of Eden Apothecary, Groundswell Marketing, Inverness Valley Inn, Liz Muller LLC, Marin Association of Realtors, Janiline, Marin Conservation League, MCC Building Maintenance, Opportunity for Independence, Plath & Company, Quinne Design Associates, Sandy Bremner Designs, and Waters Edge Hotel. Representatives from several newly certified Green Businesses acknowledged Ms. Armanino for her help, thanked the Board for the Green Business program, and commented on their environmental initiatives. Marin County BOS Minutes 7 4/28/2009

8 (Supervisor Brown present at 10:53 a.m.) Board members and Ms. Armanino discussed several issues regarding the certification process including listing of certified businesses online at and suggestions for increasing the benefits of program participation to businesses. (Supervisor Adams absent at 10:55 a.m.) 10. PRESENTATION ON THE AREA PLAN FOR AGING FY By letter dated April 28, 2009, Health and Human Services Director Dr. Larry Meredith submitted his report and recommendations regarding the above-captioned matter. Deputy Director of Aging and Adult Services Nick Trunzo presented the FY Three Year Area Plan for Aging Services in Marin, and acknowledged the efforts of Dr. Marjorie Belknap. Mr. Trunzo highlighted the Plan s major goals including services to elderly individuals over the age of 85 living at home, assistance for elderly individuals with limited English speaking skills, attention to the community of aging lesbian, gay, bisexual and transgender individuals, more focus on isolated communities in West Marin, issues related to aging Baby Boomers, and increased access to information related to services for the aging. (Supervisor Adams present at 10:57 a.m.) Supervisor Kinsey commented on the decreased ability of government to provide economic support to services for the aging population and the increased importance of creating an infrastructure of volunteers to meet the community needs. Supervisor Kinsey acknowledged the inclusion of cultural sensitivity in the provision of services to the aging. In response to a question from Supervisor Arnold, Mr. Trunzo advised that the Plan can be accessed online at M/s Supervisor Adams - Supervisor Kinsey to (a) approve the FY Division of Aging s Area Plan; and (b) authorize the President to execute the FY Area Plan Transmittal Letter to be sent to the California Department of Aging. 11. REQUEST FROM THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO AUTHORIZE PRESIDENT TO SEND LETTER OPPOSING REDUCTIONS IN THE MEDI-CAL REIMBURSEMENT RATE FOR ADULT DAY HEALTH SERVICE ("ADHS") PROGRAMS By letter dated April 28, 2009, Health and Human Services Director Dr. Larry Meredith submitted his report and recommendations regarding the above-captioned matter. M/s Supervisor Kinsey - Supervisor Adams to authorize President to send letter opposing reductions in the Medi-Cal reimbursement rate for Adult Day Health Service ("ADHS") programs. Supervisor Kinsey commented on the possible loss of senior access services if the Medi-Cal reimbursement rate reduction is approved and the importance of sending the opposition letter. Thereafter, the vote on the pending motion was Marin County BOS Minutes 8 4/28/2009

9 12. REQUEST FROM THE COUNTY ADMINISTRATOR FOR BOARD DIRECTION REGARDING PROPOSITIONS 1A, 1B, 1C, AND 1F APPEARING ON THE MAY 19, 2009, STATEWIDE BALLOT By letter dated April 28, 2009, County Administrator Matthew Hymel submitted his report and recommendations regarding the above-captioned matter. Principal Administrative Analyst Dan Eilerman provided a brief analysis of Propositions 1A, 1B, 1C and 1F. M/s Supervisor Arnold - Supervisor McGlashan to take no position and remain neutral on Propositions 1A, 1B, 1C, and 1F appearing on the May 19, 2009, Statewide ballot. Board members expressed their individual concerns regarding the Propositions. Supervisor Brown expressed concern regarding the budget impacts should these Propositions not pass, and stated he would decline to support the staff recommendation to remain neutral. Thereafter, the vote on the pending motion was Vote: Motion carried 4-1 AYES: Supervisor Adams, Supervisor Kinsey, Supervisor McGlashan, Supervisor Arnold NOES: Supervisor Brown 13. FIRST READING: ORDINANCE ADDING SECTION 3.40 TO THE MARIN COUNTY CODE RELATED TO THE ESTABLISHMENT OF AN ELECTRONIC RECORDING DELIVERY SYSTEM PROGRAM BY THE COUNTY RECORDER, PURSUANT TO GOVERNMENT CODE SECTION By letter dated April 28, 2009, Assessor-Recorder Joan Thayer submitted her report and recommendations regarding the above-captioned matter. M/s Supervisor Adams - Supervisor Arnold to request clerk to read ordinance by title only and schedule merit hearing for May 12, 2009, at 10:30 a.m. The clerk read the title of the proposed ordinance and the merit hearing was set for May 12, 2009, at 10:30 a.m. 14. REQUEST FROM THE RETIREMENT DEPARTMENT TO ADD 1.0 FTE ADMINISTRATIVE SERVICES TECHNICIAN By letter dated April 28, 2009, Retirement Administrator Charnel Benner submitted her report and recommendations regarding the above-captioned matter. M/s Supervisor Kinsey - Supervisor Arnold to add 1.0 FTE Administrative Services Technician to address specific communication needs, effective May 3, County Administrator Matthew Hymel noted the administerial responsibility of the Board in approving this matter and updated the Board on pending legislation to address the Board's concerns in this area. Marin County BOS Minutes 9 4/28/2009

10 Thereafter, the vote on the pending motion was Vote: Motion carried 4-1 AYES: Supervisor Kinsey, Supervisor McGlashan, Supervisor Arnold, Supervisor Brown NOES: Supervisor Adams Supervisor Adams briefly commented on her opposition to the motion. 15. APPOINTMENTS a. County Service Area ("CSA") #6 - Gallinas Creek One vacancy due to the resignation of John Kling. An application was received from Sabina Cesar. M/s Supervisor Adams - Supervisor Arnold to appoint Sabina Cesar. b. Mental Health Board i. One term expiration. An application was received from the incumbent, Kim Denn. M/s Supervisor Arnold - Supervisor Adams to reappoint Kim Denn. ii. One vacancy due to the resignation of Pamela Adams. An application was received from Candace Clark. A letter dated April 20, 2009, was received from the Membership Committee recommending her appointment. M/s Supervisor Adams - Supervisor McGlashan to appoint Candace Clark. c. Personnel Commission One vacancy for an Alternate member due to the resignation of Katie Malone. An application was received from Christopher Burdick. M/s Supervisor Adams - Supervisor McGlashan to appoint Christopher Burdick. 16. HEARING: TAX EQUITY AND FISCAL RESPONSIBILITY ACT ("TEFRA") HEARING REGARDING A REQUEST FOR ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS TO ASSIST IN THE ACQUISITION, REHABILITATION, AND DEVELOPMENT OF THE RIDGEWAY APARTMENTS County Counsel Patrick Faulkner briefly described the proposals in Items 16 and 17 and corresponding action on today's Redevelopment Agency agenda to issue revenue bonds and execute documents regarding the sale of the Ridgeway Apartments located in Marin City. Mr. Faulkner recommended that the Board consider Item 17 regarding the sale of the rental housing development before the TEFRA hearing. 17. AUTHORIZE COUNTY ADMINISTRATOR TO EXECUTE NECESSARY DOCUMENTS REGARDING THE SALE OF THE 225-UNIT RIDGEWAY APARTMENTS LOCATED IN MARIN CITY Marin County BOS Minutes 10 4/28/2009

11 By letter dated April 28, 2009, County Counsel Patrick Faulkner submitted his report and recommendations regarding the above-captioned matter and spoke briefly about the proposed project. Mr. Faulkner recommended that an addition be made to the last sentence on the first paragraph of page two of the staff report to "... authorize the County Administrator and Supervisor McGlashan to determine that the services to be provided as a result of the sale will be in the best interests of the Marin City community...". (Supervisor Brown absent at 11:30 a.m.) Supervisor McGlashan spoke briefly regarding ongoing negotiations to insure that enrichment programs in Marin City are supported by this agreement. After further discussion, Board members agreed that County Administrator Hymel, President Brown and Supervisor McGlashan would serve on an ad hoc subcommittee to continue negotiations and report back to the Board. (Supervisor Brown present at 11:38 a.m.) A representative of St. Anton Partners spoke briefly about the company and talked about the benefits of the proposed project. The speaker noted that they have committed $40,000 per year for tenant services to be delivered at the community center adjacent to the property. An attorney representing the Marin City Community Land Corporation ("CLC") spoke about the increase in affordable housing units and the steady revenue stream the project would provide to the CLC, and urged the Board to approve the project. Marin City County Services District ("MCCSD") Treasurer Robert Fisher advised that the CSD Board has taken a neutral position regarding the proposed sale and noted that the CSD s interest is to receive adequate funding to provide recreation, garbage and street lighting services to the Marin City community. MCCSD Vice President Melvin Atkins and CLC staff consultant and Vice Chair expressed support for the proposed project. Mr. Hymel clarified that staff is not recommending the proposal as presently structured, but noted that the subcommittee will work with all parties over the next ten days to try to reach agreement. M/s Supervisor McGlashan - Supervisor Arnold to (i) authorize the County Administrator, President Brown and Supervisor McGlashan to determine that the services to be provided as a result of the sale will be in the best interest of the Marin City community; and (ii) upon making such determination, to authorize the County Administrator to execute required agreements to facilitate the sale of 225-Unit Ridgeway Apartments located in Marin City. 16. HEARING (CONTINUED): TAX EQUITY AND FISCAL RESPONSIBILITY ACT ("TEFRA") HEARING REGARDING A REQUEST FOR ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS TO ASSIST IN THE ACQUISITION, REHABILITATION, AND DEVELOPMENT OF THE RIDGEWAY APARTMENTS Marin County BOS Minutes 11 4/28/2009

12 By letter dated April 28, 2009, County Administrator Matthew Hymel submitted his report and recommendations regarding the above-captioned matter. The hearing was declared open to receive public testimony. Seeing no one present to speak, the hearing was closed. M/s Supervisor McGlashan - Supervisor Adams to adopt Resolution No approving the issuance of multifamily housing revenue bonds, in an amount not to exceed $32,000,000, by the California Statewide Communities Development Authority ("CSCDA") to finance the acquisition and rehabilitation of the Ridgeway Apartments (141 Donahue Street, Marin City). The Board recessed at 12:00 p.m. to meet as the Marin County Redevelopment Agency Board of Commissioners and reconvened at 12:03 p.m. All Supervisors were present. The Board recessed at 12:04 p.m. to meet in closed session. 19. CLOSED SESSION The Board met in closed session for a conference with legal counsel regarding potential litigation pursuant to California Government Code Section (b)(1). Number of Potential Cases: One (1). The Board reconvened in open session at 1:48 p.m. Supervisor Kinsey was absent. The President reported that the Board met in closed session and advised that there was no announcement at this time. 20. HEARING: GHAFOORI APPEAL OF THE PLANNING COMMISSION S DENIAL OF THE VALLEY VIEW (GHAFOORI) DESIGN REVIEW By letter dated April 28, 2009, Community Development Agency Director Brian Crawford and Principal Planner Jeremy Tejirian submitted their report and recommendations regarding the above-captioned matter. Mr. Crawford gave a brief history of the Ghafoori appeal and previous consideration of the project by the Planning Commission and the Board of Supervisors. Mr. Tejirian gave a visual presentation reviewing the modified project description, including the proposed driveway at 11 Sky Road, and the modified landscape plan. (Supervisor Kinsey present at 1:51 p.m.) The hearing was declared open to receive public testimony. A member of the public expressed concerns regarding the placement of the new driveway, drainage from the new driveway, and elevation of the six foot wall along the driveway. Seeing no one else present to speak, the hearing was closed. Marin County BOS Minutes 12 4/28/2009

13 Mr. Tejirian advised that a memo dated April 28, 2009, outlining technical corrections to the resolution, was distributed to the Board prior to the meeting. Mr. Tejirian responded to several questions from Board members regarding survey reference points, corrected Assessor s Parcel Numbers ("APN"), and permeable driveway surfaces. M/s Supervisor McGlashan - Supervisor Arnold to adopt Resolution No sustaining the Ghafoori appeal and approving the Valley View (Ghafoori) Design Review (DR 02-73) at 9 Sky Road, Mill Valley (APN ). The meeting was adjourned at 2:03 p.m. in memory of Michael Embley. SINE DIE ATTEST: PRESIDENT CLERK Marin County BOS Minutes 13 4/28/2009