DRAFTegovwebprod.marincounty.org/EFiles/BS/AgMn/03_0715/… · · 2003-07-11concerning White's Hill Bridge be added to the agenda. Mr. Riesenfeld advised that another item regarding

D R A F T

Continued Marin County BOS Minutes 1 6/3/2003

REGULAR MEETING OF THE MARIN COUNTY BOARD OF SUPERVISORS HELD TUESDAY, JUNE 3, 2003, AT 9:08 A.M. PRESENT: SUPERVISORS Susan L. Adams, Harold C. Brown, Jr., Steve Kinsey, Cynthia L. Murray, Annette Rose, President 2. PRESENTATION OF "EMPLOYEE OF THE MONTH" AWARD, MAY 2003, TO CELIA ALLEN

OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES [Employee Recognition] President Rose announced that Celia Allen of the Department of Health and Human Services was the "Employee of the Month" for May 2003. Supervisor Brown read a list of Ms. Allen’s accomplishments and presented her with a cash award, a family pass to the Marin County Fair, a framed photograph of the Frank Lloyd Wright 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. Ms. Allen expressed gratitude to the Board members and her co-workers. Health and Human Services Director Larry Meredith thanked Ms. Allen and briefly commented on her many contributions to the County of Marin and the Health and Human Services Department. 3. APPROVAL OF MINUTES [Minutes: May 20 and April 29, 2003] Supervisor Adams requested that the minutes of May 20, 2003, pertaining to the approval of the April 29, 2003, minutes regarding consideration of the Development Code be amended to read. . . "prohibition of growing certain invasive non-native plants for sale." Thereafter, M/s Adams-Kinsey, to approve the minutes of the meetings of May 6, 13, 2003, and the minutes of the special meeting of January 31, 2003, as circulated and the minutes of the meeting of May 20, 2003, as amended. AYES: ALL 4. BOARD OF SUPERVISORS' MATTERS International Council for Local Environmental Initiatives Conference [Environment] Supervisor Adams stated that she attended the International Council for Local Environmental Initiatives Conference in Denver last week to discuss solutions to global warming and the reduction of CO2 emissions. Supervisor Adams acknowledged the work of Samuel Ruark of the Community Development Agency, and commented on Marin County's receipt of its first "Milestone Award" for finishing the first part of the emissions inventory and forecast. Used Computers Supervisor Brown requested County Administrator Mark Riesenfeld to explore the possibility of selling surplus Marin County computers to interested employees. Supervisor Rose stated that she previously made this request of staff in the Administrator's office. Urgency – Closed Session [Board of Supervisors] Supervisor Kinsey requested that a closed session item regarding potential litigation concerning White's Hill Bridge be added to the agenda. Mr. Riesenfeld advised that another item regarding potential litigation also needed to be added to the agenda as an urgency item. Thereafter, M/s Kinsey-Murray, to determine that the need to take action arose subsequent to the agenda being posted. AYES: ALL

Marin County BOS Minutes 2 6/3/2003

M/s Kinsey-Murray, to add a closed session item to today's agenda for conference with legal counsel regarding anticipated litigation pursuant to California Government Code Section 54956.9(b)(1): Number of potential case(s) two. AYES: ALL Agenda Modifications [Commendations] Supervisor Murray requested that consent Calendar Item CA-2b, regarding a resolution commending Katie Crecelius for her contributions to the Marin Economic Commission, be pulled for consideration separately. Urgency Item – Better Park Transportation Choices [Transportation] Supervisors Rose and Kinsey requested an urgency finding to add an additional item to the agenda regarding a letter of support to the National Parks Conservation Association endorsing the "Better Park Transportation Choices" campaign. Thereafter, M/s Kinsey-Adams, to determine that the need to take action arose subsequent to the agenda being posted. AYES: ALL On behalf of Supervisor Rose, M/s Kinsey-Adams, to send a letter of support to the National Parks Conservation Association endorsing the “Better Park Transportation Choices” campaign. AYES: ALL CA-2b SUPERVISOR MURRAY REQUESTING RESOLUTION COMMENDING KATIE

CRECELIUS FOR HER CONTRIBUTIONS TO THE MARIN ECONOMIC COMMISSION [Commendations] M/s Murray-Adams, to adopt resolution commending Katie Crecelius for her contributions to the Marin Economic Commission. AYES: ALL Supervisor Murray read and presented the resolution to Ms. Crecelius. 5. ADMINISTRATOR'S REPORT Special Meeting [Board of Supervisors] County Administrator Mark Riesenfeld announced that a Special Meeting of the Board will take place this Saturday, June 7, 2003, 9:30 a.m. at the west end of White's Hill Bridge for a dedication ceremony celebrating its completion. FY 2003-04 Proposed Budget [Budget] County Administrator Mark Riesenfeld advised that the County's FY 2003-04 proposed budget will be sent to the printer by the end of the week and will be submitted to the Board on June 24, 2003, for adoption as an interim spending plan. 6. OPEN TIME San Rafael Rock Quarry [Board of Supervisors] Several members of the public and the Point San Pedro Road Coalition expressed concerns regarding noise, air quality, and the environmental influence of dust emanating from the San Rafael Rock Quarry and urged the Board to consider these health factors during closed session item number 27a, a discussion of a lawsuit between the County and the San Rafael Rock Quarry.


4. BOARD OF SUPERVISORS' MATTERS CONTINUED Agenda Modifications [Bill/Legislation] Supervisor Kinsey requested that consent Calendar Item CA-2d, regarding the State of California's adoption of the International Building and Fire Codes be pulled for consideration separately. 7. 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 Kinsey-Murray, to approve: CA-1. Declaration of Emergency: [AIDS] Reconfirmation of Declaration of Local Emergency relative to transmission of HIV through

contaminated needles pursuant to Resolution No. 93-293 adopted on November 23, 1993. CA-2. Board of Supervisors: a. Supervisors Kinsey and Murray requesting to send letters of support for AB 1405, the

California Watershed Protection and Restoration Act, which would set new policy for the state regarding watershed management, protection and restoration. [Bill/Legislation]

b. This item was heard during Board of Supervisors' Matters, Item 4. [Commendations] c. Supervisor Rose requesting resolution commending Pamela Wright Lloyd, the first recipient

of the Marin Conservation Corps' Environmental Stewardship Award. [Commendations] d. At Supervisor Kinsey's request during Board of Supervisors' Matters this item was

heard following Consent Calendar B. [Bill/Legislation] CA-3. County Counsel: Authorize President to execute agreement with Porter, Scott, Weiberg & Delehant for legal

services to be provided in Bonelli & Rivers v. County of Marin. CA-4 Health and Human Services: NOTE: Agreement in item CA4-g is a renewal of an existing agreement that was

included and funded in the FY 2002-03 budget. a. Request to (i) authorize President to execute Amendment No. 2 of two-year

agreement (FC-0204-05) with the California Department of Aging, in the amount of $199,132, to fund activities in FY 2002-04 on behalf of Marin's older residents, including subcontracts with a variety of community-based agencies to support family caregivers; and (ii) adopt Resolution authorizing the Health and Human Services Director to execute future amendments to this contract which are within 5% of the original award. [Senior Citizens/Aging]

b. Request to adopt Resolution No. 2003-68 approving the Marin County FY 2003-04 Substance Abuse and Crime Prevention Act of 2000 ("SACPA") Expenditure Plan.

c. Authorize President to execute amendment to FY 2002-03 agreement with All Saints Extended Care & St. Michael's Extended Care, in an amount not to exceed $225,000, to provide residential care home services for adult mental health clients.

[Mental Health] d. Authorize President to execute amendment to FY 2002-03 agreement with Sunny

Hills Children's Garden to reflect the change in their addresses of their day treatment programs. [Mental Health]

e. Authorize President to execute amendment to FY 2002-03 agreement with Edgewood Center for Children and Families, in an amount not to exceed $73,365, to provide day treatment intensive services for children in need of mental health services. [Mental Health]


f. Authorize President to approve FY 2002-03 contract augmentation with the Marin General Hospital, in the amount of $6,839, for trauma services. [Hospitals]

g. Authorize President to execute FY 2002-03 agreement (Agreement #02-72250-000) with the State of California Department of Mental Health constituting the FY 2002-03 County Performance Contract as mandated by Section 5650 of the Welfare and Institutions Code. [Mental Health]

h. Authorize President to send a letter of support to the Office of Child Welfare Redesign Implementation for the Department of Health and Human Services' grant application request to the California Department of Social Services, in the amount of $30,000, to implement strategic changes in Child Welfare Redesign.

CA-5. Human Resources: a. Moved to policy during Board of Supervisors' Matters Continued, Item 4. b. Effective July 6, 2003, request to (i) approve new bargaining unit for representation

within the Marin County Deputy Sheriffs' Association ("MCDSA") to be identified as Welfare Fraud Investigators; (ii) place the job classes of Welfare Fraud Investigator and Welfare Fraud Investigator - Bilingual in the new unit; and (iii) approve MCDSA as the certified employee organization representing employees in the job classes.

[MAPE/Unions] CA-6. Library: Adopt Resolution No. 2003-69 authorizing the Director of County Library Services of the

Marin County Free Library to accept, on behalf of the Board, books and/or cash gifts with a value of less than two hundred dollars ($200).

CA-7. Public Works: a. Authorize President to (i) execute Notice of Completion, Tenant Improvements for

120 N. Redwood Drive, (ii) approve final payment in the amount of $16,697.60; (iii) approve release of retention in the amount of $187,848.40 35 days after Board action to Vitton Construction Co., Inc. (Project No. C424) [Project No. C424]

b. Request to (i) authorize the Public Works Director to award the contract to the lowest responsive bidder; (ii) authorize a contract contingency in the amount of 10%; and (iii) direct the Director to report the results to the Board for the Old Jail Kitchen Area Demolition/Remodel Project. (Project No. C443 UPS) [Project No. C443 UPS ]

c. Request to (i) approve plans and specifications; (ii) direct the Clerk to advertise for bids; (iii) authorize the Public Works Director to award the contract to the lowest responsive bidder; and (iv) direct the Director to report the results to the Board for the EOC/Communications Center Office Remodel Project. (Project No. C443 Office Walls) [Project No. C443 Office Walls]

d. Request to waive the formal bidding procedure and approve sole source purchase of rental tents and assorted equipment from the Lodi Tent and Awning Company, Inc., Lodi, CA, in the amount of $66,196.90, for the Marin County Fair. [Fair]

e. Approve award of Invitation For Bid ("IFB") #2415 to Watershed, Inc. of Salem, OR, in the amount of $38,025.26, for rain gear for the Marin County Sheriff's Office.

f. Authorize President to execute Antenna Site Lease agreement with Pinnacle Towers, Inc., owner of the Big Rock Ridge communications site for the County's Big Rock Ridge Radio Facility. [Leases]

g. Authorize President to (i) execute the Right of Way Contract with Louis and Marie Dhority; and (ii) execute the Certificate of Acceptance of Grant of Interest in Real Property for the Non-Exclusive Easement Deed signed by Mr. and Mrs. Dhority on May 21, 2003, related to the real property interests required for the Inkwells bicycle, pedestrian, equestrian bridge project in San Geronimo. [Easements]


h. Authorize President to execute agreement with Sycamore Associates LLC, in an amount not to exceed $35,000, for biological assessment that will be used to apply for a regional general maintenance permit that will allow for ongoing maintenance work at multiple road-crossing culverts in West Marin.

i. Authorize President to execute agreement with Ramfire Building Maintenance, in an amount not to exceed $44,086.08, for after hours janitorial services for the County owned buildings at 10 & 20 North San Pedro Road, San Rafael.

j. Request to adopt Traffic Resolution No. 1033 prohibiting parking on a portion of Fawn Drive (SF 012) in the San Anselmo area. [Roads]

k. Request to adopt Traffic Resolution No. 1034 prohibiting parking on a portion of Ross Drive (TV 003) in the Tam Valley area of Mill Valley. [Roads]

l. Authorize President to approve temporary closure of "B" Street, Pt. Reyes Station, between Fifth Street and Sixth Street on Sunday, July 20, 2003, from 10:00 a.m. to 5:00 p.m. for the annual "Jazz on the Half Shell" event - District 4. [Roads]

CA-8. Sheriff: [Emergency Services] Request from the Office of Emergency Services to adopt Resolution authorizing submission

of application for Citizen Corps Grant, in the amount of $3,433, from the Governor's Office on Service and Volunteerism ("GO SERV"), to assist in integrating volunteer organizations in support of existing local emergency management and homeland security programs and appointing authorized County of Marin officials to participate in the grant program.

AYES: ALL 8. CONSENT CALENDAR B ("Consent Calendar B" reflects those agenda items requiring a 4/5th vote relating to

budgetary matters.) M/s Kinsey-Murray, to approve: CB-1. Farm Advisor: Request from the County Director of U.C. Cooperative Extension to (a) approve projects

recommended by the Marin County Wildlife and Fisheries Advisory Committee ("MCWFAC") for the enhancement of fish and wildlife resources in Marin County for FY 2003-04 as detailed in staff report dated May 28, 2003; and (b) authorize the transfer of funds from Fund 174, Agency 376, Object 6991 General Contingencies to Object 3312 Wildlife and Fisheries Grant Expenditures totaling $20,196, effective July 1, 2003. (4/5 vote)

CB-2. Health and Human Services: a. Request from the Health and Human Services Director to (i) authorize President to

execute agreement with Pacific Health Consulting, in the amount of $22,500, to continue the development of the Long Term Care Integration Project; and (ii) approve Transfer of Funds increasing appropriations in the Dept. of Health & Human Services, Agency on Aging, Contract Services Miscellaneous account ($11,250), offset by a grant from the California Dept. of Health Services into the MAA/TCM revenue account ($11,250) in order to develop an integrated system of care for Medi-Cal Aged, Blind, and Disabled consumers. (4/5 vote) [Senior Citizens/Aging]

b. Request from the Health and Human Services Director to (i) authorize President to execute FY 2002-03 grant from the California Family Health Council, in the amount of $4,500, to be used for chlamydia related "safe sex" information and outreach; and (ii) approve Transfer of Funds increasing appropriations in the County of Marin, Health and Human Services Department, Family Planning, Special Projects account ($1,125), offset by a grant from the California Family Health Council for the Title X CFHC account ($1,125), providing funds for chlamydia-related "safe-sex" information, outreach and marketing activities. (4/5 vote)


c. Request from the Health and Human Services Director to (i) authorize President to

execute funding agreement, in the amount of $30,000, with the Marin Community Foundation ("MCF") for transportation services as prioritized in the Marin County Welfare to Work Transportation Plan previously approved by the Board; and (ii) approve Transfer of Funds increasing appropriations in the County of Marin, Health and Human Services Department, Employment Services, Lift Transportation Grant account ($17,527), offset by a grant from the Marin Community Foundation, for the Lift Grant account ($17,527), providing funds for transportation services as prioritized in the Marin County Welfare to Work Transportation Plan, as previously approved by the Board. (4/5 vote) [Marin Community Foundation]

d. Request from the Health and Human Services Director to (i) authorize President to approve modifications to the FY 2002-03 budget recognizing $7,500 in CalWORKs incentive funds for a CalWORKs employment study; and (ii) approve Transfer of Funds increasing appropriations in the County of Marin, Health and Human Services Department, Employment Services, Contract Services Miscellaneous account ($7,500), offset by a grant from CalWORKS Incentive Funds, for the CalWORKS Incentives account ($7,500), providing funds to study the factors associated with levels of employment success among CalWORKs recipients. (4/5 vote) [Employment and Training]

e. Request from the Health and Human Services Director to authorize President to execute agreement with First 5 Marin Children and Families Commission accepting $9,680 to provide perinatal substance abuse trainings. (4/5 vote)

CB-3. Library: Request from the Director of County Library Services of the Marin County Free Library to

(a) accept contribution in the amount of $500 from Art Gray; and (b) approve Transfer of Funds increasing appropriations in the Marin County Free Library, Educational Materials and Audio Visual account ($500), offset by a graciously contributed donation from Mr. Art Gray, for the General Donations account ($500), providing funds for the purchase of a CD storage and display unit for the Civic Center Library. (4/5 vote)

CB-4. Public Works: Request from the Department of Public Works to (a) approve plans and specifications for

the Slip-Out Repair of Fairfax Bolinas Road (Mile Post 2.44) Project; (b) authorize the Clerk to advertise for bids; and (c) approved Transfer of Fund increasing appropriations in the Dept. of Public Works, 1995 Storm, Contract Services Miscellaneous account ($145,000), offset by a FEMA grant into the Other Aid Federal account ($145,000) in order to repair a slip out on Fairfax Bolinas Road near the Meadow Club. (4/5 vote) (Project No. 982049) [Project No. 982949]

AYES: ALL (Supervisor Murray absent at 9:40 a.m.) CA2-d. SUPERVISORS BROWN AND KINSEY REQUESTING ADOPTION OF RESOLUTION

NO. 2003-67 IN SUPPORT OF THE STATE OF CALIFORNIA'S ADOPTION OF THE INTERNATIONAL BUILDING AND FIRE CODES [Bill/Legislation]

Supervisor Kinsey thanked Marin County Fire Marshall Scott Alber and Chief Building Official Steve Jensen for their contributions on this project. Thereafter, M/s Kinsey-Brown, to adopt Resolution No. 2003-67 supporting the adoption of the International Building and Fire Codes by the State of California. AYES: ALL ABSENT: SUPERVISOR Murray


9. SUPERVISOR ROSE REQUESTING APPROVAL OF RESOLUTION REQUESTING

ASSISTANCE OF SENATOR DIANNE FEINSTEIN AND REPRESENTATIVE LYNN WOOLSEY REGARDING THE POTENTIAL IMPACT OF ANY GRATON TRIBAL GAMING FACILITY IN MARIN AND SONOMA COUNTIES [Board of Supervisors]

(Supervisor Murray present at 9:43 a.m.) County Counsel Patrick Faulkner reported that staff of Marin County's Federal Representatives have requested the Board of Supervisors to adopt a resolution regarding the potential impact of a Graton Tribal gaming facility in Marin and Sonoma Counties and presented a draft resolution for the Board's consideration. Supervisor Rose stated that she was contacted by Senator Dianne Feinstein requesting the Presidents of the Marin and Sonoma County Boards of Supervisors to deliver the resolution in person to Washington D.C. next Wednesday, June 11, 2003. Thereafter, M/s Murray-Kinsey, to adopt Resolution 2003-70, requesting assistance of Marin's Federal Legislators to limit creation of unregulated Tribal Lands in Marin and Sonoma Counties. AYES: ALL Supervisor Murray stated that the Federated Indians of Graton are having meetings for public comment on June 4th in Santa Rosa, June 5th in Petaluma, and June 6th in Sonoma. Supervisor Kinsey advised that the property at the west end of Novato, which has no significant developmental potential unless acquisitioned for a use outside the County's jurisdiction, is being considered as an alternative site for a gaming facility, and that Marin County should be serious, proactive, and diligent to influence any possibility of that site being considered. Supervisor Murray requested Community Development Agency Deputy Director of Planning Services Brian Crawford to have someone from the department attend one of the meetings and report back to the Board. 5. ADMINISTRATOR'S REPORT CONTINUED Agenda Modifications [Human Resources] County Administrator Mark Riesenfeld requested that consent Calendar Item CA-5a, regarding the request to approve a general salary adjustment for nonrepresented employees be pulled for consideration separately in accordance with the Board's agenda policies. The maker and seconder of the motion rescinded the vote on Consent Calendar agenda item CA-5a. CA-5a. EFFECTIVE JULY 6, 2003, REQUEST TO APPROVE GENERAL SALARY

ADJUSTMENT FOR NONREPRESENTED EMPLOYEES [Human Resources] M/s Brown-Murray, to approve a general salary adjustment of 3% for nonrepresented employees, effective July 6, 2003. Thereafter, the vote on the motion was AYES: ALL


10. REQUEST FROM THE PUBLIC WORKS DEPARTMENT TO SCHEDULE A PUBLIC HEARING TO CONSIDER A REQUESTED 8.1% RATE INCREASE FOR MILL VALLEY REFUSE SERVICE FOR AREAS KNOWN AS SOUTHERN MARIN FRANCHISE AREAS 2, 3, 4, 5, 6, AND 7 [Item 21 - June 24, 2003]

By letter dated June 3, 2003, Program Manager Jeff Rawles submitted his report and recommendation regarding the above-captioned item. M/s Murray-Kinsey, to: a. Schedule a public hearing for June 24, 2003, at 10:30 a.m. for Mill Valley Refuse Service's requested 8.1% rate increase for Southern Marin Franchise area numbers 2, 3, 4, 5, 6 and 7; b. Instruct the clerk to public notice of the hearing in a newspaper of local publication. AYES: ALL 11. REQUEST FROM THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO SET

PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION REVISING THE FY 2003-04 RATE/CHARGE SCHEDULE FOR THE DIVISION OF COMMUNITY MENTAL HEALTH SERVICES TREATMENT SERVICES [Item 15 - June 17, 2003]

By letter dated June 3, 2003, Health and Human Services Director Larry Meredith submitted his report and recommendation regarding the above-captioned item. M/s Murray-Kinsey, to set a public hearing for June 17, 2003, at 11:00 a.m. to consider adoption of a resolution revising the rate/charge schedule for the Division of Community Mental Health Services treatment services. AYES: ALL 12. FIRST READING: ORDINANCE AMENDING SECTION 12.04.105 OF THE MARIN

COUNTY CODE REGARDING TIE DOWN AND HANGAR SPACE FEES AT GNOSS FIELD [Item 20 - June 24, 2003]

By letter dated June 3, 2003, Program Manager Jeff Rawles submitted his report and recommendation regarding the above-captioned item. Mr. Rawles advised that a revised ordinance was submitted after the agenda was distributed which made a few clerical corrections and added paragraph H regarding review of tenant or business operator books and records. Mr. Riesenfeld advised that a second revised ordinance was submitted after the agenda was distributed correcting paragraph G to read ". . . hangar numbers to B-1001 through B-1014 shall pay . . ." M/s Murray-Kinsey, to waive reading of the proposed ordinance and request the clerk to read by title only. AYES: ALL The clerk read the title of the proposed ordinance and the merit hearing was set for June 24, 2003, at 10:30 a.m. 13. HEARING: AMENDMENT TO THE MARIN COUNTYWIDE PLAN ADOPTING A

REVISED HOUSING ELEMENT AND ASSOCIATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT [Countywide Plan]

By letter dated June 3, 2003, Senior Planner Dan Dawson and Affordable Housing Strategist Barbara Collins submitted their report. Mr. Dawson recommended that the Board conduct a public hearing, adopt a resolution approving the Negative Declaration of Environmental Impact, and adopt a resolution amending the Housing Element of the general Marin Plan.


Ms. Collins made a brief visual presentation summarizing various components and requirements of the Housing Element. Ms. Collins noted that the County has far exceeded the requirement that Association of Bay Area Governments ("ABAG") established in the County's prior Housing Element. Ms. Collins further stated that the County has identified policies and programs such as: (1) coordinating funding and lobbying efforts; (2) developing mixed-use programs; (3) increasing second units as "smart in-fill"; (4) collecting more housing data on a county-wide basis; and (5) evaluating county owned property for County employees. Ms. Collins advised that the State Department of Housing and Community Development ("HCD") issued a letter dated April 22, 2003, conditionally certifying the County's Housing Element as meeting statutory requirements. Ms. Collins advised that next steps should include: (1) expanding residential inclusionary requirement; (2) increasing percentage requirements for affordable housing for single family or luxury units in subdivisions; and (3) adopting a jobs/housing linkage ordinance. Ms. Collins further advised that as part of the general Plan update the County will: (1) identify under-utilized sites in the urban corridor close to transit to evaluate for increased density; (2) evaluate the possibilities of transferring densities from less suitable sites to transit oriented sites more appropriate for development; and (3) designate areas for mixed development. In response to a question from Supervisor Murray, Ms. Collins advised that the State's pending legislation regarding AB 1866 is reflected in the Marin County Housing Element document and stated that the County will evaluate an amnesty program for illegal second units that provides a period of time for owners of un-permitted units to register their units and make them legal. Deputy Counsel David Zaltsman referred to BOS Attachment 3, Draft Housing Element, page 83, H3.28, Legalization of Existing Second Units, stating that it reflects the ordinance that will be coming to the Board next month, and that it will revise the chapter dealing with second unit permits to remove the use permit element. Supervisor Kinsey noted that there was a typographical error on the last paragraph of page 14 and advised that the second sentence should read, " . . . households in incorporated Marin County . . . ," and on page 23, the second paragraph under "Special Housing Needs" the fourth sentence states ". . . deed restricted units 3,242 (79%) . . ." is greater than the total in the last sentence of 49%. Supervisor Adams noted that there was a typographical error on page 65 and advised that the second line should read, " . . . or more general "design principals" that will establish . . ." Supervisor Adams questioned the Americans with Disabilities Act ("ADA") Program issue with regard to the objective criteria to be used to provide affordable housing for people with disabilities. Supervisor Adams also stated that migrant worker housing needs to be further developed, questioned what will occur when and if the County no longer receives state and federal funding, stated that the County should allocate the ABAG goals over time so reserves are not depleted, and emphasized the importance of incorporating energy conservation and emissions prevention into building, planning, and designing of affordable housing. The hearing was declared open to receive public comment. A representative of the Marin Conservation League expressed support of the proposed resolution and revised Housing Element amending the Marin Countywide Plan and commended the principals and staff for working with the environmentalists to come together on a Housing Plan. A representative of the Community Land Trust of West Marin requested that the following sentence in the second paragraph under "Coastal Zone," on page 41, be deleted: "However, beyond these projects, no other affordable units will be required in the Coastal Zone during the time frame of this Element."


A representative of the League of Women Voters commended Community Development Agency ("CDA") staff for their work on the revised Housing Element, congratulated the County for meeting its fair-share allocation in the current Housing Element, and requested that as the process continues into the implementation stage, the County continue to solicit public input. A member of the public stated that granting amnesty to illegal second units and requiring residential developers to build a few token affordable units will not address the affordable housing problem that exists in Marin County and asked the County to consider making all second units deed restricted to retain affordability. Seeing no one else present to speak, the hearing was closed. Supervisor Brown responded to statements by the public, stating that traffic congestion in Marin County is overwhelming and that a traffic study should be conducted at the same time as the policy regarding AB 1866 is under consideration. Supervisor Murray stated that "affordable housing" could improve traffic and requested a public survey to count "second units" in order to receive "affordable housing" credit from the State. Supervisor Kinsey thanked staff, stated that community plans should include common language relating to these policies, expressed concern regarding "overcrowding" and "over housing," and noted his interest in establishing a county-wide housing trust. Supervisor Adams requested that on page 70, H3.6, Variety of Housing Choices, the ABAG housing choices be asterisked, expressed concern about "brown fields" and technologies available to clean these sites so that mixed use can be regenerated in these areas, and noted that traffic congestion issues have not been adequately reflected in the negative declaration. Supervisor Adams also asked if fees included those being proposed and requested information about the Oakview site. Ms. Collins responded to questions from Supervisor Adams, stating that new fees will be incorporated in the annual update. Ms. Collins stated that sites in the Housing Element meet current need, numbers, and rezoning to HCD and further stated that changes in the general plan update could potentially facilitate more housing units. Ms. Collins advised that the State only requires that sites are appropriately zoned for development. Mr. Dawson responded to a question from Supervisor Adams, stating that the County is looking at many areas for low income zoning and that most are along the urban corridor. Ms. Collins responded to a question from Supervisor Rose, stating that fees are waived in CDA for affordable housing developments, but have never been waived on second units and further stated that CDA is working with other departments who do not waive fees. Thereafter, M/s Kinsey-Murray to: a. Adopt Resolution No. 2003-71 adopting a Negative Declaration of Environmental

Impact; and b. Adopt Resolution No. 2003-72 revising the Housing Element amending the Marin

Countywide Plan as recommended by the Planning Commission with corrections as follows:

i.) page 14, Household Characteristics, Household Types, line 4 should read " . . . households in incorporated Marin County . . . ;"

ii.) page 23, Special Housing Needs, the second paragraph, line 5 states ". . . deed restricted units 3,242 (79%) . . ." 79% is greater than the total of 49% in the last sentence;


iii.) page 65, H2.B, line 2 should read should read, " . . . or more general "design principals" . . .;" and

iv.) page 41, Coastal Zone, last sentence of second paragraph to be replaced with "While no other affordable units will be statutorily required in the Coastal Zone during the time frame of this Housing Element, the community recognizes the need for sustained effort and is actively working to secure affordability of the existing housing supply."

AYES: ALL Supervisor Rose thanked the public for their input. 14. HEARING: DICKENS SUBDIVISION AND DESIGN REVIEW (SD 00-2 AND DR 01-103)

277 NORTH SAN PEDRO ROAD, SAN RAFAEL (APN 180-181-30) [June 24, 2003] By letter dated June 3, 2003, Community Development Agency Director Alex Hinds and Planner Jeremy Tejirian submitted their report and recommendation regarding the above-captioned item. Mr. Tejirian advised that staff is recommending that the Board review the administrative record, conduct a public hearing, adopt a resolution adopting a Negative Declaration of Environmental impact; and adopt a resolution approving with conditions the Dickens Subdivision and Design Review. Deputy Director of Planning Services Brian Crawford stated that this appeal has gone through an extensive review process and noted that the applicant is objecting to several of the conditions imposed by the Planning Commission. Mr. Tejirian briefly summarized the Dickens Subdivision and Design Review for a six-lot subdivision and new single-family residence in the Santa Venetia area of San Rafael. Mr. Tejirian stated that the Planning Commission had modified the recommended conditions of the project to ensure that future development on the lots would be compatible with the character of the Santa Venetia community, and advised that the applicants have submitted an appeal asserting that the modifications to the conditions of approval made by the Planning Commission would unreasonably constrain the future development on the property. Mr. Tejirian stated that Santa Venetia Neighborhood Association is in support of the Planning Commission's recommendations but has expressed concern regarding the following: (1) a solid wood fence recently built on North San Pedro Road as it impedes vision and therefore poses a potential hazard for pedestrians and cyclists; and (2) a complex recalculation of square footage allowances. Appellant Mark Dickens addressed the Board on behalf of himself and Brent Dickens, summarizing this project which began several years ago and stated that they had met with the Community Development Agency ("CDA") several times to discuss an appropriate design and plan for this property. Mr. Dickens stated that they are appealing the two modifications that the Planning Commission made to the conditions of project approval and further stated that they have submitted an alternative proposal. Mr. Dickens concluded his comments by requesting approval of the alternative proposal that would reduce the floor areas permitted on Lots 4, 5, and 6 in exchange for eliminating the requirement to exclude the area encumbered by the access easement from the lot area calculations. The hearing was declared open to receive public comment. A representative of the Santa Venetia Neighborhood Association ("SVNH") Land Use Committee Harriot Manley, commended the Dickens family on the quality of the design and discussed three major concerns: oak tree removal; the reconfiguration of square footages; and the safety and visual impacts of the fence.


Co-appellant Brent Dickens expressed concern that the two conditions made by the Planning Commission would require another public review. Seeing no one else present to speak, the hearing was closed. Staff responded to questions from Board members regarding historical exclusion of easements from lot area; floor area ratios not including garages; the legal temporary fence; trees being removed; the setback on lot 5; minor typographical errors and clarifications submitted by the appellant being satisfied by staff; protection of archaeological resources as a standard condition; and community and neighborhood support. The Supervisors commended the appellants on the incorporation of the environment into the home design and congratulated the appellant on the design of the existing home. Supervisor Murray expressed support for staff's alternative to recommended action, as stated in the staff letter, to continue this hearing for alternative Subdivision plans to be submitted by the applicants that would incorporate the modifications, and for a revised Resolution to be prepared by staff. Appellant Mark Dickens responded to questions from Board members stating that part of the six foot redwood fence is temporary to screen the property while under construction, offered a limit on the maximum square footage on lot 5, and proposed a reduction to 3500 square feet on lot 3. M/s Murray-Kinsey, to: (a) continue the hearing to June 24, 2003, at 10:30; and (b) direct staff to present a revised resolution incorporating the applicants alternative, with the modification to reduce the maximum floor area permitted on lot 3 from 3,908 square feet to 3,500 square feet, and removing staff's recommendation to shift Lot 5's building envelope 15 feet to the north. AYES: ALL 15. HEARING: ORDINANCE ESTABLISHING FEES CHARGED BY THE COUNTY

CORONER PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 27472 AND 54985 [Coroner]

By letter dated May 28, 2003, Coroner Kenneth Holmes submitted his report and recommendations regarding the above-captioned item. The hearing was declared open to receive public comment. Seeing no one present to speak, the hearing was closed. M/s Murray-Adams, to adopt Ordinance No. 3371 establishing fees charged by the County Coroner pursuant to California Government Code Sections 27472 and 54985. AYES: ALL 16. REQUEST FROM THE OFFICE OF EMERGENCY SERVICES TO SUBMIT AN

APPLICATION FOR HOMELAND SECURITY GRANT FROM THE GOVERNOR'S OFFICE OF EMERGENCY SERVICES TO FURTHER DEVELOP MUTUALLY SUPPORTIVE PROGRAMS THAT MAXIMIZE EFFECTIVE RESPONSE CAPABILITY IN THE EVENT OF A TERRORIST EVENT [Emergency Services]

By letter dated June 3, 2003, Sheriff Robert Doyle submitted his report and recommendations regarding the above-captioned item. Emergency Services Manager Chris Godley advised that a portion of the application is not complete due to the fact that the State of California requests the application be submitted on June 15, 2003, however the detailed equipment list is not due until July 15, 2003.


Mr. Godley responded to questions from the Board stating that Congress subsidized funds are intended to support first responders (fire, medical, and law enforcement) with equipment and training support to identify and respond to a terrorist attack especially those involving a weapon of mass destruction agent. Mr. Godley responded to a question from Supervisor Adams stating that funds from another grant are targeted to assist community preparedness. M/s Murray-Brown, to authorize Sheriff Robert Doyle to submit an application for a Homeland Security Grant, in the amount of $611,335, from the Governor’s Office of Emergency Services, to further develop mutually supportive programs through equipment and training that maximize effective response capability in the event of a terrorist event. AYES: ALL 17. REQUEST FROM THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO

AUTHORIZE PRESIDENT TO EXECUTE CONTRACT AMENDMENT 01 WITH THE MARIN EDUCATION FUND ("MEF") FOR THE MARINCARES PROGRAM [Health and Human Services]

Pursuant to the recommendation of Health and Human Services Director Larry Meredith in his letter dated June 3, 2003, M/s Kinsey-Murray, to authorize the President to execute Contract Amendment 01 with the Marin Education Fund (“MEF”), increasing the contract by $106,129 to $689,009, for the MarinCARES Program for incentives for training and retaining child care teachers. AYES: ALL Supervisor Kinsey noted that the County cannot make any FY 2003-04 commitments for this program until after the Budget Hearings in July and stating that he would inform MarinCARES on the County's budget position. 18. APPOINTMENTS a. AIDS Commission i. M/s Brown-Murray, to reappoint Peter Hansen to one At-Large term expiration. AYES: ALL ii. Scheduled appointment for June 24, 2003, for one term expiration representing the AIDS Treatment Center (Brian Slattery). b. Aviation Commission Scheduled appointments for June 24, 2003, for two term expirations as follows: One representing District 1 (Richard Nave) and one nominated by the Novato City Council (Marilyn McConnell). c. Commission on Aging Scheduled appointments for June 24, 2003, for three term expirations as follows: one representing District 1 (Norman Gravdahl), one representing District 2 (Roberta Michels) and one representing District 5 (Patricia Lewis). d. Board of Appeals Scheduled appointment for June 24, 2003, for one term expiration representing Architects (Brock Wagstaff). e. County Service Area #16 Advisory Board (Greenbrae) Scheduled appointments for June 24, 2003, for three vacancies on this Board.


f. Developmental Disabilities Area Board V Scheduled appointment for June 24, 2003, for one term expiration (Robin Gerrity). g. Emergency Medical Services Committee Scheduled appointment for June 24, 2003, for one vacancy representing Medical Dispatch due to the resignation of Roxann Thelin. h. Library Commission Scheduled appointments for June 24, 2003, for five term expirations as follows: one representing District 1 (Gerald George), one representing District 2 (Cindy Swift), one representing District 3 (Wyna Barron), one representing District 4 (Regina Kutchins) and one representing District 5 (Cal Kurzman). i. Parks, Open Space and Cultural Commission Scheduled appointment for June 24, 2003, for one term expiration representing District 1 (Al Boro). j. Wildlife and Fisheries Commission Scheduled appointments for June 24, 2003, for five term expirations as follows: One representing Conservation (Loretta Farley), two representing Sport Fishermen (Brooke Halsey, Jr., Alex Nichelini) and two representing Sport Hunters (Gilbert Murphy, Ed Schulze). k. Marin Women’s Commission Scheduled appointments for June 24, 2003, for two term expirations as follows: One representing District 1 (Mary Anne Hoover) and one representing District 5 (Julie Grantz). l. Workforce Investment Board Scheduled appointments for June 24, 2003, for twenty-one (21) term expirations and eight (8) vacancies as follows: i. 15 vacancies representing Business due to the term expirations of William

Baeza, Joan Capurro, Caran Cuneo, Ginny Kuhel, Joseph McGarry, Nancy Mellor, Leonard Sbrocco, Diane Vancini and 7 vacancies.

ii. Three vacancies representing Education due to the term expirations of Gene

Abbott, Anne Farrah and Lorraine Wilson. iii. Three vacancies representing 1-Stop Partners due to the term expirations of

David Buccheri, Liz Rottger and Peter Schiller. iv. Four vacancies representing Community Based Organizations due to the term

expirations of Donna Lemmon, Mary Sweeney, Cecilia Zamora and one vacancy.

v. Two vacancies representing Labor due to the term expirations of Maureen

McManus and Kris Organ. vi. Two vacancies representing Economic Development Agency due to the term

expirations of Benny Stewart and David Newman.


19. HEARING: ORDINANCE INCREASING COMMUNITY DEVELOPMENT AGENCY PLANNING DIVISION FEES BY APPROXIMATELY 10% FOR ZONING AND LAND USE APPLICATIONS (MARIN COUNTY CODE TITLE 22), SUBDIVISION APPLICATIONS (MARIN COUNTY CODE TITLE 20), FLOATING HOME EXCEPTIONS (MARIN COUNTY CODE TITLE 19), ENVIRONMENTAL REVIEW DOCUMENTS (CALIFORNIA ENVIRONMENTAL QUALITY ACT) AND OTHER PLANNING-RELATED SERVICES; AND REPEALING ORDINANCE NO. 3341 [Community Development Agency]

By letter dated June 3, 2003, Community Development Agency Director Alex Hinds and Deputy Director of Planning Services Brian Crawford submitted their report and recommendations regarding the above-captioned item. Supervisor Brown made a motion to adopt the proposed ordinance increasing Community Development Agency Planning Division fees. The hearing was declared open to receive public comment. Seeing no one present to speak, the hearing was closed. Supervisor Murray suggested that the "Appeals" fees identified under item #15 of Exhibit A of the proposed ordinance remain at their current rates and briefly expressed her thoughts on the matter. Administrative Services Manager Ian Roth commented on the proposed fee increases represented in agenda items 19, 20 and 21 and identified corrections to be made in the summary of the proposed fee increases for items 14a and 14d of Exhibit A of the proposed ordinance increasing Planning Division fees. Mr. Roth responded to questions from the Board regarding the number of appeals filed last year. Thereafter, Supervisor Murray proposed an amendment to the motion to adopt a modified ordinance, incorporating the clerical corrections identified by Mr. Roth and keeping the fees identified in Section 15a "Planning Commission" and 15b "Board of Supervisors" of Exhibit A of the proposed ordinance, at the current rate of $525 and $675 respectively. Thereafter, the amendment to the motion was accepted by the maker of the original motion. M/s Brown-Murray, to adopt Ordinance No. 3372, as amended, establishing increases in existing fees or zoning and land use applications, (Marin County Code Title 22), subdivision applications, (Marin County Code Title 20), floating home exceptions, (Marin County Code Title 19), environmental review documents (California Environmental Quality Act), and other planning related services and repealing Ordinance No. 3341. Mr. Roth and County Administrator Mark Riesenfeld responded to a question from Supervisor Adams regarding the relationship between fee increases and permit volume. Supervisor Kinsey briefly commented on the financial situation facing Counties and the need to increase fees to retain services, requesting that future fee increases be examined relative to other communities. Supervisor Adams briefly commented on the proposed fee schedule suggesting that future revisions give consideration to a different structure to those who contribute to available affordable housing stock. Thereafter, the vote on the pending motion was AYES: ALL


A Corte Madera resident briefly commented on a 2001 Grand Jury Report on building permit fees and expressed concern regarding the increased fees. Supervisor Rose and Mr. Riesenfeld briefly responded to the concerns raised by the citizen. 20. HEARING: ORDINANCE AMENDING THE MARIN COUNTY CODE BY MODIFYING THE

FOOD, SOLID WASTE AND LAND USE PROGRAM FEES IN THE COMMUNITY DEVELOPMENT AGENCY - ENVIRONMENTAL HEALTH SERVICES DIVISION

[Environmental Health Services Division] By letter dated June 3, 2003, Community Development Agency Director Alex Hinds and Environmental Health Services Chief Philip Smith submitted their report and recommendations regarding the above-captioned item. Administrative Services Manager Ian Roth requested to amend Exhibit A of the proposed ordinance related to the fees identified under "9088 Building Plan Review" to include a $199 fee for a "minor remodel permit." County Counsel Patrick Faulkner recommended that the ordinance be adopted as presented, suggesting that the department submit an amendment to the ordinance at a later date to include the minor remodel permit fee. Supervisor Adams suggested that the proposed Food Program fees be put on hold, expressing concerns regarding the current economic environment and the impact of higher fees on the food and restaurant industry. Mr. Roth and Mr. Smith responded to questions from the Board regarding the nature of the fees, stated that the fees for the Division of Environmental Health Services were last increased approximately 1 ½ years ago; noted that as a result of the current economic climate and existing financial pressures on restaurants, staff is recommending that the Food Program fees be increased only by 5% and commented on discussions with operators regarding the proposed fee increase. Mr. Riesenfeld noted that the proposed fee increase is part of the County's budget reduction strategy to keep the budget in balance, and commented on the County's legally mandated obligations under the Food Program. M/s Brown-Murray, to adopt Ordinance No. 3373 modifying the food, solid waste and land use program fees in the Community Development Agency - Environmental Health Services Division. The hearing was declared open to receive public comment. Seeing no one present to speak, the hearing was closed. Thereafter, the vote on the pending motion was AYES: ALL 21. HEARING: ORDINANCE AMENDING SECTION 19.04.032 OF THE MARIN COUNTY

CODE PROVIDING FOR BUILDING PERMIT, PLAN CHECK AND OTHER RELATED FEES IN THE COMMUNITY DEVELOPMENT AGENCY - BUILDING AND SAFETY DIVISION AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH [Community Development Agency]

By letter dated June 3, 2003, Community Development Agency Director Alex Hinds and Chief Building Official Stephen Jensen submitted their report and recommendations regarding the above-captioned item. The hearing was declared open to receive public comment. Seeing no one present to speak, the hearing was closed.


M/s Brown-Kinsey, to adopt Ordinance No. 3374 amending Section 19.04.032 of the Marin County Code providing for building permit, plan check and other related fees in the Community Development Agency – Building and Safety Division – and repealing all ordinances and parts of ordinances in conflict therewith. Supervisor Kinsey thanked staff for working with the building community on this ordinance. Supervisor Rose noted that the County has reduced building inspection fees in recent years. Thereafter, the vote on the pending motion was AYES: ALL 22. HEARING: ORDINANCE INCREASING THE MINIMUM LEVEL FOR THE

CAPITALIZATION OF ASSETS FROM $1,000 TO $5,000 [Auditor] By letter dated June 3, 2003, Auditor-Controller Richard Arrow submitted his report and recommendation regarding the above-captioned item. The hearing was declared open to receive public comment. Seeing no one present to speak, the hearing was closed. M/s Brown-Murray, to adopt Ordinance No. 3375 amending Chapter 2.92 of the Marin County Code increasing the minimum level for the capitalization of assets from $1,000 to $5,000. AYES: ALL 23. HEARING: ORDINANCE AMENDING SECTION 3.08.050 OF THE MARIN COUNTY

CODE PERTAINING TO THE DISPOSITION OF SURPLUS PROPERTY [Public Works] By letter dated June 3, 2003, Assistant Public Works Director Richard Carlsen submitted his report and recommendation regarding the above-captioned item. The hearing was declared open to receive public comment. Seeing no one present to speak, the hearing was closed. M/s Murray-Kinsey, to adopt Ordinance No. 3376 amending Section 3.08.050 of the Marin County Code pertaining to the disposition of surplus property. Mr. Carlsen responded to a question from the Board regarding offering the surplus computers to interested County employees noting that the Department is still working with the Information Services and Technology Department on this matter, including resolving data security concerns. Mr. Carlsen noted that surplus computers are also made available to local schools and non-profit organizations. Thereafter, the vote on the pending motion was AYES: ALL 24. REQUEST FROM THE DEPARTMENT OF PUBLIC WORKS TO INCREASE

PURCHASING LIMIT FROM $1,000 TO $2,500 FOR DIRECT PURCHASES TO STREAMLINE PROCUREMENT OF ROUTINE ACQUISITIONS [Public Works]

Pursuant to the recommendation of Assistant Public Works Director Richard Carlsen in his letter dated June 3, 2003, M/s Murray-Brown, to approve an increase in the purchasing limit from $1,000 to $2,500 for direct purchases, in concert with a modified surplus disposition procedure and a new Fixed Assets program proposed by the Auditor-Controller's Office.


Supervisor Rose stated that the Grand Jury had suggested a $5,000 purchasing limit noting that the $2,500 limit will be monitored for 12 months with the Department reporting back to the Board and recommending adjustments thereafter if necessary. The vote on the pending motion was AYES: ALL 25. REQUEST FROM THE COUNTY ADMINISTRATOR TO TAKE ACTIONS RELATED TO

THE ADOPTION OF PROPOSED ANIMAL CONTROL ORDINANCE REVISIONS AND THE IMPLEMENTATION OF A NEW FEE SCHEDULE [Humane Society]

By letter dated June 3, 2003, County Administrator Mark Riesenfeld submitted his report and recommendation regarding the above-captioned items. The hearing on the proposed ordinance amending Title 8 of the Marin County Code addressing animals was declared open to receive public comment. Seeing no one present to speak, the hearing was closed. Cindy Machado of the Marin Humane Society responded to a question from the Board regarding cat licensing, noting that currently the City of Novato has a cat licensing ordinance. Thereafter M/s Murray-Kinsey, to Adopt Ordinance No. 3377 amending Title 8 of the Marin County Code addressing animals. AYES: ALL The hearing on the ordinance establishing increases in fees collected for animal control services was declared open to receive public comment. Seeing no one present to speak, the hearing was closed. M/s Murray-Kinsey, to Adopt Ordinance No. 3378 establishing increases in fees collected for animal control services codified in Chapter 8.04 of Title 8 of the Marin County Code. AYES: ALL County Administrator Mark Riesenfeld noted that the fee increase is part of the Joint Powers Authority between the County and the cities and towns for animal control services stating that the fee increase will be in effect after all jurisdictions take similar actions. The Board recessed at 12:07 p.m. and reconvened at 12:16 p.m., at which time all Supervisors were present. 26. HEARING: CONSIDERATION OF THE FAIRFAX TOWN COUNCIL APPEAL OF THE

PLANNING COMMISSION'S CONDITIONAL APPROVAL OF THE MELVIN MASTER PLAN WAIVER REQUEST AND DESIGN REVIEW, 70 MEADOW WAY, FAIRFAX (APN 197-070-05) [Master Plans]

By letter dated June 3, 2003, Deputy Director of Planning Services Brian Crawford and Senior Planner Johanna Patri submitted their report and recommendation regarding the above-captioned item. Ms. Patri identified the project location, described the project, summarized the Planning Commission's consideration of the project, including the Commission's environmental review, and outlined the bases of the Fairfax Town Council's appeal. Ms. Patri stated that because of a potential northern spotted owl nesting site on private property adjacent to the project site and based on


recommendations from the U.S. Fish and Wildlife Services to survey the project area; staff is recommending that an Initial Study be prepared to evaluate the effects of the project on special status species before considering the bases of the appeal or the merits of the project. Ms. Patri concluded her remarks recommending that the Board review the administrative record, conduct a public hearing and continue the appeal and direct Planning staff to conduct environmental review by preparing an Initial Study to address additional information relating to potential effects of the proposed project on special status species and their habitats. The hearing was declared open to receive public comment. Ken Kirkey, Director of Planning and Building Services for The Town of Fairfax, addressed the Board regarding the Town of Fairfax's appeal of the Melvin Design Review. Mr. Kirkey referenced letters dated December 12, 2002, and August 14, 2002, submitted by the Town of Fairfax, outlining the Town's primary concerns with the project, including concerns regarding potential adverse impacts on two species listed as endangered species, and concerns regarding the building site location and access road improvements. Mr. Kirkey summarized the Town's request for further environmental review, commented on the Planning Commission's consideration of the project, commented on the chronology of events relative to the Town engaging the U.S. Department of the Interior, Fish and Wildlife Service and commented on the Planning Commission's determination and the Town's concerns regarding the potential environmental effects of the project. Mr. Kirkey concluded his remarks requesting that the Board render a decision on the Appeal today, uphold the Town's Appeal and deny the Melvin Master Plan Waiver Request and Design Review without prejudice. Neil Sorensen, attorney representing applicant Mark Melvin, addressed the Board stating that given the circumstances, staff's recommendation is appropriate. Mr. Sorensen commented on the Town's request to deny the project, noting the time already invested in the project, and commitments made by Mr. Melvin voluntarily giving up the potential to develop two additional dwelling units on the site and agreeing to develop only one dwelling unit on the site. Mr. Sorensen stated that if Mr. Melvin's application is denied, Mr. Melvin has no incentive not to seek the maximum density at the project site. Mr. Sorensen concluded his remarks recommending that the Board adopt staff's recommendations. A Cascade Canyon resident expressed support for the Planning Commission's decision, provided that the applicant is required to adhere to the conditions applied to their approval, and commented on the number of project conditions applied by the County. Fairfax Town Council member Lew Tremaine and Ronita Egger, on behalf of Fairfax Vice-Mayor Frank Egger addressed the Board, expressing support for the Town's request to accept the Town's appeal and send the appeal back to the Planning Commission to provide for an adequate environmental review. Mr. Tremaine briefly commented on the need for an adequate environmental review, suggesting that, if the Board were to deny the Melvin Master Plan Waiver Request and Design Review without prejudice, Mr. Melvin could reapply without facing new fees once the environmental review was conducted. Ms. Egger read a letter into the record from Fairfax Vice-Mayor Frank Egger expressing support of the Town's position and commenting on the County's consideration of the community's concerns. A Meadow Way resident expressed concerns regarding the environmental impacts of the project, the adequacy of fire and water service to the project site, expressed concerns regarding the public process and staff's consideration of the community's concerns, commented on project delays and requested that the project be denied without prejudice and be sent back to the Planning Commission to allow an adequate environmental review, including an objective focused study on the upper parcel. Seeing no one else present to speak, the hearing was closed.


Deputy Director of Planning Services Brian Crawford responded to comments made emphasizing that staff did not discount comments expressed by the community. Mr. Crawford briefly commented on Planning Commission and staff's consideration of potential environmental impacts and CEQA provisions in considering the project with information available at the time. Mr. Crawford noted that subsequent to the Planning Commission's decision, new information became available, commenting on staff's work with the Town of Fairfax in recommending additional environmental review. Mr. Crawford and Environmental Planning Coordinator Tim Haddad responded to a question from the Board regarding the time frame involved for the preparation of an Initial Study.

By memorandum dated June 2, 2003, Supervisor Brown outlined his recommended actions on the matter including the recommendation to vacate the Planning Commission's decision; direct staff to prepare the necessary Initial Study and complete the appropriate environmental document required for the project; and refer that environmental document to the Planning Commission for consideration and action on the project. Mr. Crawford and Deputy County Counsel David Zaltsman responded to questions from the Board regarding the recommendation to vacate the Planning Commission's decision. Thereafter, M/s Brown-Murray, to vacate the Planning Commission's conditional approval of the Melvin Master Plan Waiver request and Design Review, 70 Meadow Way, Fairfax (APN 197-070-05), direct Community Development Agency Planning staff to prepare the necessary Initial Study and complete the appropriate environmental document required for the project; and after the required project environmental document has been completed, refer that document back to the Planning Commission for consideration and action on the Project. AYES: ALL The Board recessed at 12:50 p.m. to meet in closed session. 27. CLOSED SESSION The Board met in closed session to discuss the following: a. Conference with legal counsel regarding existing litigation pursuant to California

Government Code Section 54956.9(a). Name of case: County of Marin v. San Rafael Rock Quarry, Marin County Superior Court Case No. CV 014602. [Board of Supervisors]

b. Conference with legal counsel regarding existing litigation pursuant to California Government Code Section 54956.9(a). Name of case: Williams v. County of Marin, United States District Court Case No. C02-3271 SI. [Board of Supervisors]

2:00 p.m. c. Public Employee Discipline/Dismissal/Release pursuant to Government Code Section 54957. [Human Resources

The Board reconvened in open session at 3:50 p.m. All Supervisors were present. RE: Closed Session Item 27c - Public Employee Discipline/Dismissal/Release [Human Resources] Supervisor Brown advised that, after careful consideration, the Board had reached a decision. Thereafter, M/s Brown-Murray, to deny the appeal and adopt the Findings and Conclusions of the Personnel Commission. AYES: ALL The President advised that there was nothing further to report at this time.


The meeting was adjourned at 3:51 p.m. SINE DIE ___________________________________ PRESIDENT ATTEST: _______________________________ CLERK

Documents

DRAFTegovwebprod.marincounty.org/EFiles/BS/AgMn/03_0715/… · · 2003-07-11concerning White's Hill Bridge be added to the agenda. Mr. Riesenfeld advised that another item regarding