DRAFT REGULAR MEETING OF THE MARIN COUNTY BOARD OF SUPERVISORS HELD TUESDAY, JUNE 18, 2013, AT 9:36 A.M.

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1 DRAFT REGULAR MEETING OF THE MARIN COUNTY BOARD OF SUPERVISORS HELD TUESDAY, JUNE 18, 2013, AT 9:36 A.M. Roll Call Present Absent: Supervisor Sears; Supervisor Adams; Supervisor Kinsey; Supervisor Arnold Supervisor Rice (Present at 9:41 a.m.) 1. PRESENTATION OF "EMPLOYEE OF THE MONTH" AWARD, MAY 2013, TO JEFF YOUNG, TECHNOLOGY SYSTEMS SPECIALIST II FROM THE DEPARTMENT OF HEALTH AND HUMAN SERVICES Supervisor Arnold announced that Jeff Young, a Technology Systems Specialist II from the Department of Health and Human Services, was the "Employee of the Month" for May Supervisor Arnold read a list of Mr. Young's accomplishments and presented him with gifts commemorating the occasion. Health and Human Services Director Dr. Larry Meredith acknowledged Mr. Young for his efforts and presented him with the Department's "Shining Star" award. Mr. Young expressed appreciation to the Board, his family, and his colleagues for their support. 2. PRESENTATION OF THE "OUTSTANDING EMPLOYEE TEAM OF THE QUARTER" AWARD TO THE MARINGOV WEB TEAM Supervisor Arnold announced that the MarinGov Web Team was the recipient of the "Employee Team of the Quarter" award and identified the members of the team as follows: James Allen, Cathy Boffi, Chris Camilleri, Cathy Clary, Dennise Colla, Garry Duklhovny, Maya Gladstern, Valentina Jones, Senti Kironde, Irina Popova, Misha Posylkin, Peggi Rodgers, Cathy Selmi, Brad Starks, Shanea Thompson, Michael Warden, and Chris White. Supervisor Arnold acknowledged their outstanding service to the County. Information Services and Technology ("IST") Assistant Director Gordon Haberfelde and Chief Information Officer Charles Haase acknowledged the team and each individual member for their contributions. 3. BOARD OF SUPERVISORS MATTERS Sun Valley Elementary School Supervisor Adams briefly commented on an article in the Marin Independent Journal regarding Sun Valley Elementary School students initiative to encourage Crayola to recycle felt-tip markers. (Supervisor Rice present at 9:41 a.m.) Consent Calendar Health and Human Services Items CA-7a, CA-7b, and CA-7c Supervisor Adams briefly commented on Consent Calendar Item CA-7a, regarding extension of service provider agreements with various agencies and individuals; CA-7b, regarding the Workforce Investment Board's ("WIB") Four-Year Strategic Plan; and CA-7c, regarding the Annual Update for the Mental Health Services Act. Marin County BOS Minutes 1 6/18/2013

2 In Memoriam Supervisor Rice requested that the Board adjourn today's meeting in memory of Joseph Robert "Bob" Ghirenghelli. 4. ADMINISTRATOR S REPORT Agenda Modification County Administrator Matthew Hymel advised that Marin County Parks has submitted a revised Proposed Pesticide Product List for Item 9, regarding the Integrated Pest Management ("IPM") Program Coordinator's Annual Report. Consent Calendar County Administrator Item CA-2b Mr. Hymel briefly commented on Consent Calendar Item CA-2b regarding Community Service allocations. 5. OPEN TIME There was no one present to speak during open time. 6. CONSENT CALENDAR A (ITEMS CA-1 THROUGH CA-11) ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board.) M/s Supervisor Sears - Supervisor Rice to approve Consent Calendar A as presented. CA-1. CA-2. Board of Supervisors: a. Request from the Board to adjourn in memory of Joseph Robert "Bob" Ghirenghelli. b. Approval of the minutes of the regular meeting of June 4, c. Appointments: i. Assessment Appeals Boards ("AAB") 1 and 2 Scheduled appointments for September 10, 2013 for one term expiration on AAB 1 (Corina Rollins, incumbent) and one term expiration on AAB 2 (Arthur Friedman, incumbent). ii. Commission on Aging Scheduled appointment for July 9, 2013 for one vacancy representing District 2 iii. due to the resignation of Arnie Scher. County Service Area ("CSA") #16 - Greenbrae Scheduled appointment for July 16, 2013 for one term expiration (Phil Wenger, incumbent). d. Request from Supervisor Adams to adopt resolutions commending Dr. Georgianna Farren and Dr. Steven Schroeder as 2013 Community Health Champions. 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. Request to approve Community Service allocations funded by Community Service Funds for June c. Authorize President to execute two-year agreement with Alternate Defenders, Inc. ("ADI"), in an amount not to exceed $1,172,100 in FY and $1,241,400 in FY , to provide indigent defense representation. Marin County BOS Minutes 2 6/18/2013

3 CA-3. CA-4. CA-5. CA-6. CA-7. Cultural Services: a. Authorize President to execute agreement with Pyro Spectaculars North, Inc., in an amount not to exceed $80,770, for providing low level fireworks at the 2013 Marin County Fair. b. Authorize President to execute agreement with Ear Booker Enterprises Inc./Weird Al Yankovic/Wilson Events, Inc. for a performance at the Marin County Fair on Wednesday, July 3, c. Authorize President to execute agreement with Zswagg Touring, Inc. F.S.O. Zendaya/Wilson Events, Inc. for a performance at the Marin County Fair on Friday, July 5, d. Authorize President to execute agreement with The Pointer Sisters for a performance at the Marin County Fair on Sunday, July 7, District Attorney: Request to (a) adopt Resolution No authorizing the District Attorney to submit a grant application to the California Attorney General's Office for a Privacy and Piracy Fund grant; and (b) authorize District Attorney to execute the grant award agreement, including any extensions and amendments thereof. Department of Finance: Authorize President to execute agreement with Gallina, LLP, in an amount not to exceed $124,800, for auditing services for the County of Marin for the year ending June 30, (Audits of the County of Marin's General Purpose Financial Statements are performed annually in accordance with generally accepted audited standards.) Farm Advisor: Request to approve FY projects recommended by the Marin County Fish and Wildlife Commission ("MCFWC") for the enhancement of fish and wildlife resources in Marin County, as detailed in staff report dated June 18, Health and Human Services: a. Request to authorize President to approve extension of service provider agreements with various agencies and individuals as detailed in staff report dated June 18, b. Request to approve the Workforce Investment Board s ("WIB") Four-Year Strategic Plan FY c. Authorize President to approve the FY Annual Update for the Mental Health Services Act. d. Authorize President to execute FY agreement with Kristen Gardner, increasing the contract by $4,000 for a new contract amount of $62,000, for continuing implementation and coordination of the Mental Health Services Act ("MHSA") Prevention and Early Intervention ("PEI") plan and related activities, as detailed in staff report dated June 18, e. Authorize President to execute agreement with the City of San Rafael, in the amount of $143,000, to support the creation of a Downtown Streets Team Program. f. Authorize President to execute amended FY contract agreements for alcohol and other drug services as follows: (i) increasing Center Point, Inc., contract amount by $40,000 for a new contract amount of $1,426,433, for residential substance use treatment services; and (ii) decreasing Center Point, Inc., contract amount by $40,000 for a new contract amount of $576,463, for Adult Drug Court treatment services. Marin County BOS Minutes 3 6/18/2013

4 g. Authorize President to execute FY through FY amendments to agreements (# ) with the California Department of Health Services, for Medi- Cal Administrative Activities ("MAA"), amending contract language as requested by KPMG, LLP Auditor. CA-8. CA-9. CA-10. Human Resources: a. Approve Payroll Efficiency Agreements with the Teamsters Local 856, the Deputy District Attorneys Bargaining Unit and the Service Employees International Union ("SEIU") Local 1021, the Nurses Bargaining Unit. b. Effective June 23, 2013, request to adopt updated class specification, retitle the classification and adopt the corresponding salary range for Assistant Director of Health and Human Services (Class #0237) as detailed in staff report dated June 18, c. Request to adopt revised Personnel Management Regulation ("PMR") 21 - Equal Employment Opportunity, Anti-Harassment and Anti-Retaliation Policy and authorize the Personnel Commission to hear relevant appeals. d. Effective July 1, 2013, request to delete vacant (as of 6/30/2013) 0.5 FTE Employee Program Coordinator position and add 0.5 FTE Personnel Technician position as detailed in staff report dated June 18, Parks: a. Request to adopt Resolution No implementing Labor Compliance provisions for the Agate Beach Parking Lot Improvements Project. b. Request to (i) adopt Resolution No , a Resolution of Intention to continue to maintain and operate a Landscaping and Lighting District for Rush Creek; (ii) schedule a public information meeting for July 16, 2013, at 11:00 a.m. and a public protest hearing on July 30, 2013, at 11:00 a.m.; and (iii) take related actions as detailed in staff report dated June 18, c. Authorize President to execute grant agreement with the National Fish and Wildlife Foundation, in the amount of $70,000 for pre-construction work related to repair of the Don Dimitratos Fishing Pier at McNear s Beach County Park. Public Works: a. Request from the Sleepy Hollow Homes Association to approve temporary closure of Butterfield Road, between Oak Knoll Drive and Irving Drive on Thursday, July 4, 2013, from 9:00 a.m. to 12:00 p.m., for the annual Independence Day parade. b. Request from the Briones Lions Club to approve temporary closure of Wharf Road, from Brighton Avenue to the beach on Thursday, July 4, 2013, from 8:00 a.m. to 5:00 p.m. for the annual Independence Day celebration. c. Request from the Oak Manor Homes Association to approve temporary closure of Gary Way in Fairfax on Saturday, June 22, 2013, from 1:00 p.m. to 4:00 p.m., for an Annual Picnic. d. Authorize President to execute the following agreements to provide administration and maintenance of the Marin Emergency Radio Authority ("MERA") system operations: (i) renewal of Communication Engineering Services Agreement with MERA, in the amount of $286,000 for County staff to provide technical services; (ii) Technical Services Agreement with MERA; in the amount of $170,280 to provide engineering services; and (iii) First Addendum to the agreement with Richard Chuck, in the amount of $41,119.74, for engineering services and extending the term of the contract to September 30, 2013, as detailed in staff report dated June 18, Marin County BOS Minutes 4 6/18/2013

5 e. Authorize President to execute Second Addendum to agreement with Motorola Solutions, Inc., increasing the contract by $68,928 for a total contract amount of $2,415,660, to provide a backup Dispatch Position and associated equipment in support of the Emergency Radio System. f. Request to declare as surplus two vehicles as detailed in staff report dated June 18, 2013, and authorize their disposition via the public sector. g. Request to (i) award Request for Proposal ("RFP") No. 2664, for Janitorial Services - Floor Maintenance for County Buildings to ABM Janitorial Services of San Francisco, CA in the amount of $238,925 annually with an option to extend for up to four additional years in one-year increments; and (ii) authorize Purchasing Agent to approve subsequent annual contract extensions, as detailed in staff report dated June 18, h. Request to (i) award Request for Proposal ("RFP") No. 2665, for Traffic Signal and Other Devices Maintenance Services to DC Electric, Cotati, CA, in the amount of $42,690 annually with an option to extend for up to three additional years in one-year increments; and (ii) authorize Purchasing Agent to approve subsequent annual contract extensions, as detailed in staff report dated June 18, i. Request to (i) award contract to the lowest responsible bidder, Ghilotti Construction, Inc. of Santa Rosa, CA, for the Rehabilitation of Sir Francis Drake Boulevard, Phase 2, in the base bid amount of $3,352,680 plus Alternate 1 in the amount of $259,000; and (ii) authorize a contract contingency in the amount of $157,895 for a total construction cost of $3,769,575, as detailed in staff report dated June 18, (County Project No ) j. Request to (i) approve plans and specifications; (ii) direct Clerk to advertise for bids for the 2013 Road Rehabilitation Project - Various Roads; and (iii) authorize the Public Works Director to award the contract as detailed in staff report dated June 18, 2013 (County Project No ). k. Authorize President to execute 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. CA-11. Registrar of Voters: a. Request to accept Canvass of Votes for the results of the June 4, 2013, Special Election in the Bolinas Stinson Union School District. b. Approve request for consolidation and election services from the Strawberry Recreation District - Zone IV for the August 27, 2013, Special Vote by Mail Election. 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 Adams to approve Consent Calendar B as presented. CB-1. County Administrator: Request to approve monthly budget adjustments as detailed in staff report dated June 18, Marin County BOS Minutes 5 6/18/2013

6 CB-2. Public Works: a. Request to approve budget adjustments as detailed in staff report dated June 18, 2013, related to San Rafael Rock Quarry ("SRRQ") permit inspection and monitoring. b. Request to (i) authorize President to execute Second Amendment to Antenna Site Agreement with Diablo Communication, Inc., dba American Tower, L.P. for County communications equipment installed on Mount Tamalpais, Fairfax; and (ii) approve related budget adjustments as detailed in staff report dated June 18, PRESENTATION OF THE IN-HOME SUPPORTIVE SERVICES ("IHSS") PUBLIC AUTHORITY OF MARIN ANNUAL REPORT In-Home Supportive Services ("IHSS") Public Authority of Marin Executive Director Madeline Kellner gave a brief visual presentation highlighting the responsibilities, accomplishments, and challenges of the IHSS Public Authority. Discussion ensued among Board members and Ms. Kellner regarding IHSS health care benefits, the Affordable Care Act, and new recruitments. 9. REQUEST FROM MARIN COUNTY PARKS TO ACCEPT THE INTEGRATED PEST MANAGEMENT ("IPM") PROGRAM COORDINATOR S ANNUAL REPORT By letter dated June 18, 2013, Parks Director Linda Dahl submitted her report and recommendations regarding the above-captioned matter. Ms. Dahl briefly commented on the Annual Report and introduced Parks and Open Space Superintendent and IPM Program Coordinator Ed Hulme. Mr. Hulme gave a report highlighting IPM achievements, summarizing efforts at sites maintained without the use of pesticides and noting volunteer efforts. Board members acknowledged staff and discussed several issues with staff including the composition of the IPM Commission and the different pest management approaches. Outgoing IPM Commission Chair Kraemer Winslow and incoming IPM Commission Chair Dave Phelps briefly commented on achievements and challenges of the IPM Commission and thanked the Board for their support. M/s Supervisor Sears - Supervisor Adams to (a) accept the IPM Annual Report; (b) approve the list of allowed pesticide products; (c) amend County IPM Policy to change the composition of the Commission; and (d) extend the sunset date of the Commission to July FIRST READING: ORDINANCE AMENDING CHAPTER OF THE MARIN COUNTY CODE CONCERNING THE COUNTY S INTEGRATED PEST MANAGEMENT ("IPM") PROGRAM By letter dated June 18, 2013, Parks Director Linda Dahl submitted her report and recommendations regarding the above-captioned matter. M/s Supervisor Adams - Supervisor Sears to request Clerk to read ordinance by title only and schedule merit hearing for July 30, 2013, at 11:00 a.m. Marin County BOS Minutes 6 6/18/2013

7 The clerk read the title of the proposed ordinance and the merit hearing was set for July 30, 2013, at 11:00 a.m. 11. REQUEST FROM THE DEPARTMENT OF PUBLIC WORKS TO SCHEDULE HEARING TO CONSIDER MILL VEY REFUSE SERVICE S REQUESTED 2.7% RATE INCREASE FOR SOUTHERN MARIN FRANCHISE AREAS 2, 3, 4, 5, 6 AND 7 By letter dated June 18, 2013, Public Works Program Manager Steve Devine submitted his report and recommendations regarding the above-captioned matter. M/s Supervisor Adams - Supervisor Sears to schedule hearing for July 9, 2013 at 10:30 a.m. 12. HEARING: ORDINANCE ADDING CHAPTER 9.09 TO THE MARIN COUNTY CODE IMPLEMENTING A DRESS CODE POLICY FOR THE MARIN COUNTY FAIR By letter dated June 18, 2013, Cultural and Visitor Services Director Jim Farley submitted his report and recommendations regarding the above-captioned matter. Mr. Farley and Deputy County Counsel Ed Kiernan briefly described the proposed policy and Mr. Kiernan responded to a letter dated June 17, 2013 submitted by the American Civil Liberties Union ("ACLU"). The hearing was opened to receive public comment. Three representatives of the ACLU of Northern California and a representative of the Marin Peace and Justice Coalition expressed concerns regarding the proposed ordinance and urged the Board to oppose the ordinance. Mr. Kiernan and Undersheriff Mike Ridgway briefly responded to speakers' comments. Seeing no one else present to speak, the hearing was closed. Staff responded to questions from Board members regarding the list of prohibited gang identifiers. Board members individually commented on the proposed ordinance and speakers' concerns regarding profiling and requested that staff prepare a report regarding the number and type of contacts that occur at this year's fair. M/s Supervisor Kinsey - Supervisor Sears to adopt Ordinance No adding Chapter 9.09 to the Marin County Code implementing a dress code policy for the Marin County Fair. 13. REQUEST FROM THE HUMAN RESOURCES DEPARTMENT TO APPROVE PARITY RE- OPENER AGREEMENT WITH TEAMSTERS LOCAL 856, REPRESENTING THE DEPUTY DISTRICT ATTORNEYS BARGAINING UNIT By letter dated June 18, 2013, Human Resources Director Joanne Peterson and Senior Personnel Analyst Esteban Codas submitted their report and recommendations regarding the above-captioned matter. Marin County BOS Minutes 7 6/18/2013

8 M/s Supervisor Kinsey - Supervisor Adams to approve Parity Re-opener Agreement with Teamsters Local 856, representing the Deputy District Attorney's Bargaining Unit. A member of the Deputy District Attorney's Bargaining Unit, a Marin County Deputy District Attorney, and a staff attorney for Teamsters Local 856 briefly commented on negotiations with the County. Thereafter, the vote on the pending motion was 14. APPOINTMENTS a. Strawberry Design Review Board One vacancy. Applications were received from Christopher Marino and Joe Sherer. M/s Supervisor Sears - Supervisor Adams to appoint Joe Sherer. Supervisor Sears thanked Mr. Marino for applying. b. Retirement Board Two vacancies for Board of Supervisors' appointees due to the resignations of Gerald Richardson and Kim Stevens effective in July. Applications were received from Jeffrey Bartfeld, Val Hornstein, Paul Premo, David Shore and Barry Wilson. Board members agreed to interview the five applicants on a date to be determined. c. Tam Design Review Board One vacancy. Applications were received from Steven Aiello, William Cullen, George Janson and Patrick LePelch. M/s Supervisor Sears - Supervisor Rice to appoint Patrick LePelch. Supervisor Sears thanked the three other applicants for their interest. The Board of Supervisors recessed at 11:03 a.m. to meet as the Marin County Flood Control and Water Conservation District Board of Supervisors and the Marin County Open Space District Board of Directors and reconvened at 11:21 a.m. All Supervisors were present. The Board recessed at 11:22 a.m. to meet in closed session. 17. CLOSED SESSION The Board met in closed session for a conference with legal counsel regarding existing litigation pursuant to California Government Code Section (a). Name of Case: Lieber v. County of Marin, MCSC Case No The Board reconvened in open session at 12:35 p.m. All Supervisors were present. The President advised that the Board had nothing to report from closed session. The Board recessed at 12:36 p.m. The Board reconvened at 1:30 p.m. Supervisor Rice was absent. Marin County BOS Minutes 8 6/18/2013

9 18. HEARING TO CONSIDER PROPOSED ORDINANCE AMENDING TITLE 22 (DEVELOPMENT CODE) OF THE MARIN COUNTY CODE TO IMPLEMENT THE STREAM CONSERVATION AREA ("SCA") POLICIES AND PROGRAMS OF THE 2007 COUNTYWIDE PLAN By letter dated June 18, 2013, Planner Suzanne Thorsen and Community Development Agency Director Brian Crawford submitted their report and recommendations regarding the above-captioned item. (Supervisor Rice present at 1:31 p.m.) President Arnold briefly summarized the procedures for today's hearing. Mr. Crawford made introductory remarks summarizing the evolution of County Stream Conservation Area ("SCA") policies and programs. Planner Suzanne Thorsen advised Public Works Principal Planner Liz Lewis and Consulting Biologist Leslie Allen were present to respond to any questions. Ms. Thorsen summarized the information contained in the staff report, reviewed existing SCA policies, and highlighted elements of the proposed SCA ordinance. Mr. Lai outlined proposed next steps following adoption of a Stream Conservation Area ordinance. Ms. Lewis briefly summarized County efforts to support fish passage and fish habitat restoration. Ms. Thorsen continued her presentation highlighting County fish habitat restoration programs, community outreach efforts and summarized various elements of the proposed SCA ordinance including permitting procedures and permit fees, SCA setbacks and exemptions. Mr. Lai concluded staff's presentation noting staff from the Departments of Public Works, and Fire and Parks Departments were also available to respond to questions. Ms. Lewis responded to questions from the Board regarding public outreach related to creek restoration and watershed projects. The hearing was opened to receive public testimony. Representatives of the Salmon Protection and Watershed Network ("SPAWN"), San Geronimo Valley Planning Group, San Geronimo Valley Stewards, Sleepy Hollow Home Association, Watershed Alliance of Marin, Wilderness Way, Marin Farm Bureau, Marin Association of Realtors, Mill Valley Stream Keepers, Friends of Corte Madera Creek Watershed, Marin Audubon Society, and more than 30 residents from Forest Knolls, Nicasio, Kent Woodlands, Ross Valley, Sleepy Hollow, Novato, Mill Valley, Woodacre, San Geronimo Valley, San Geronimo, Lagunitas, Homestead Valley, Sausalito and Tiburon addressed the Board. The speakers expressed their views with regard to the proposed ordinance. Marin County BOS Minutes 9 6/18/2013

10 Seeing no one else present who wished to speak, the public hearing was closed. Staff responded to comments from the speakers on topics including maps relied on for the SCA ordinance, considerations related to "takings claims", unpermitted work, building permit activity in the San Geronimo Valley, permitting tiers for development proposed within the SCA, existing development constraints in the San Geronimo Valley, watershed and habitat studies, considerations given to any proposed changes to the Countywide Plan and allowances for vegetation management on properties. Board members individually acknowledged members of the public and staff, commented on the shared goals of streamside protection, commitment to watershed management and fishery protection and restoration. Board members continued their remarks expressing their views regarding SCA language in the Countywide Plan, the importance of watersheds and topography in developing a SCA ordinance, the need for strong incentives to aid in regulatory compliance, the importance of outreach, referred to Attachment 3 of the Staff report identifying existing stream setbacks for Marin County and cities and comparable Counties, referred to language outlined in Program BIO-4.b of the Countywide Plan regarding reevaluating SCA boundaries, commented on the importance of mapping data, noted the County's history of watershed and fishery protection and commented on the existing building permit moratorium in the San Geronimo Valley. Staff responded to questions from the Board regarding consideration of State and Federal agency guidelines for habitat protection, application of SCA provisions, mapping watersheds, and procedural considerations for possible revisions to the proposed ordinance. Thereafter, Supervisor Kinsey requested the President's consideration of appointing a subcommittee of the Board to work with staff to develop recommendations for a work program of what aspects of the Countywide Plan should be revisited, including work program budget and timeline and community outreach process. Supervisor Kinsey also requested the subcommittee be charged with exploring opportunities to develop an interim ordinance to address the current building moratorium in the San Geronimo Valley, and that further efforts be explored for education and outreach. Thereafter, President Arnold appointed Supervisors Kinsey and Sears to a subcommittee, charged with working with staff to develop recommendations for considering limited revisions to the Countywide Plan related to developing a revised SCA ordinance, including developing a work program budget and timeline and return to the Board in several weeks with their recommendations on how to move forward. President Arnold also suggested the inclusion of Public Works staff on the subcommittee given the Department's current work with the County Watershed Program. Supervisor Kinsey further expressed his expectation that the subcommittee could report back to the Board in about four weeks, providing recommendations for a process, timeframe, cost and target dates for resolution. The meeting was adjourned at 5:19 p.m. in memory of Joseph Robert "Bob" Ghirenghelli. Marin County BOS Minutes 10 6/18/2013

11 SINE DIE PRESIDENT ATTEST: CLERK Marin County BOS Minutes 11 6/18/2013