County of Marin
Board of Supervisors
Meetings are held in the Board of Supervisors Chambers
Room 330
Civic Center, San Rafael, CA 94903

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AGENDA FOR

MARIN COUNTY BOARD OF SUPERVISORS

MARIN COUNTY REDEVELOPMENT AGENCY BOARD OF COMMISSIONERS

MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT BOARD OF SUPERVISORS

 

Agenda items will be heard at the time specified or later, depending on the progress of the meeting.

 

Tuesday, December 20, 2011

 

9:00 a.m.

1.                  Board Workshop on the Marin Carbon Project ("MCP"). (Workshop to be conducted in Room 324A.  Materials to be made available at workshop.)

 

10:00 a.m. (Reconvene in the Board of Supervisors' Chambers, Room 330)

2.                  Board of Supervisors' matters.

 

3.                  Administrator's report.

 

4.                  Open time for public expression, up to three minutes per speaker, on items not on the Board of Supervisors' agenda.

 

5.                  Consent Calendar A (Items CA-1 through CA-7)

                     ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board.)

 

6.                  Consent Calendar B (Items CB-1 through CB-4)

                     ("Consent Calendar B" reflects those agenda items requiring 4/5 vote of available members relating to budgetary matters.)

 

7.                  Supervisor Adams requesting resolution recognizing Undersheriff Tim Little on the occasion of his retirement.

 

8.                 Request from the Department of Public Works to authorize President to send letter to the Metropolitan Transportation Commission ("MTC") and Association of Bay Area Governments ("ABAG") on proposed One Bay Area Grant Program.

                     Recommended actions:  Approve.

 

9.                  Request from the Department of Health and Human Services to adopt a resolution supporting the Food and Drug Administration Ban on menthol in cigarettes and flavoring in other tobacco products.

                     Recommended actions:  Approve.

 

10.              First Reading:  Ordinance requiring the licensing of tobacco retailers and regulating youth access to tobacco products at drugstores and retail food distributors.

                     Recommended actions:  Request clerk to read ordinance by title only and schedule merit hearing for January 10, 2012, at 10:30 a.m.

 

11.               First Reading:  Ordinance amending Chapter 7.70 of the Marin County Code to address smoking in multi-unit housing and to remove language pertaining to youth access to tobacco products.

                     Recommended actions:  Request clerk to read ordinance by title only and schedule merit hearing for January 10, 2012, at 10:30 a.m.

 

                     Recess as the Board of Supervisors

 

10:30 a.m.Convene Special Meeting of the Marin County Redevelopment Agency Board of Commissioners

12a.             Approval of minutes of the meeting of October 18, 2011.

 

12b.             Board of Commissioners' matters.

 

12c.              Open time for public expression, up to three minutes per speaker, on items not on the Redevelopment Agency agenda.

 

12d.             Request to adopt resolution approving the Annual Report, in substantially the form submitted, and refer to the Board of Supervisors for filing.

                     Recommended actions:  Approve.

 

                     Adjourn as the Marin County Redevelopment Agency Board of Commissioners

 

10:35 a.m. Convene as the Marin County Flood Control and Water Conservation District Board of Supervisors

13a.             Approval of minutes of the meeting of December 6, 2011.

 

13b.             Open time for public expression, up to three minutes per speaker, on items not on the Flood Control and Water Conservation District Agenda.

 

13c.              Board of Supervisors' matters.

 

13d.             Request to appropriate FY 2011-12 State Used Oil Payment Program Funds, in the amount of $81,872, into the Marin County Stormwater Pollution Prevention Program ("MCSTOPPP") budget, and approve budget actions as detailed in staff report dated December 20, 2011.

                     Recommended action:  Approve.

 

13e.             Request to authorize President to execute Cost Sharing and Allocation Agreement with the Ross Valley Sanitary District for replacement of culverts on Corte Madera Creek, Flood Control Zone 9, and approve budget actions as detailed in staff report dated December 20, 2011.

                     Recommended action:  Approve.

 

                     Adjourn as the Marin County Flood Control and Water Conservation District Board of Supervisors

 

                    Reconvene as the Board of Supervisors

14.              Closed Session:

                   a.      Conference with legal counsel regarding existing litigation pursuant to California Government Code Section 54956.9(a).   Name of Cases: County of Marin v. Deloitte Consulting.  Marin County Superior Court Case No. 1002787; and County of Marin v. SAP/Culver et al, USDC Case No. 11-0381.

                  b.      Conference with legal counsel regarding anticipated litigation pursuant to California Government Code Section 54956.9(c).  Number of Potential Cases: Two.

 

                     Reconvene in Open Session

                     Announcement from Closed Session.

 

* * * * * * * * * * * * * * * * * * * * * *

 

                    CONSENT CALENDAR A (Items CA-1 through CA-7)

                   ("Consent Calendar A" reflects those agenda items that are routine in nature and/or consistent with past policy direction.)

 

CA-1.          Board of Supervisors:

                   a.      Supervisor Adams requesting resolution recognizing youth efforts in the creation of Spanish language version of Irreversible Consequences.

                    b.      Supervisor Adams requesting resolution commending County employee for dedicated service.

 

CA-2.           County Administrator:

                   a.      Approve Community Service allocations funded by Community Service Funds for December 2011.

                     b.      Authorize President to execute two-year agreement with Nielsen, Merksamer, Parrinello, Gross & Leoni, LLP, in the amount of $160,000/year for legislative representation and consultant services from January 1, 2012 through December 31, 2013.

                    c.      Authorize President to execute agreement with Alcade & Fay, Ltd., in the amount of $78,000 for an additional calendar year of representation services in Washington, D.C.

 

CA-3.          County Counsel:

                   a.      Authorize President to execute three-year agreement with West, a Thomson Reuters Business, to provide online computerized legal research access for the offices of the District Attorney, County Counsel, Child Support Services, Elections and the Marin County Housing Authority, at a cost of $30,288 for the first year, $31,200 for the second year and $32,136 for the third year.

                     b.      Request to adopt Resolution No. 2011-_____adopting new Social Security replacement OBRA/PST Plan Document for part-time, seasonal and temporary employees.

                     c.      Request to adopt Resolution No. 2011-_____adopting new Deferred Compensation Plan document for employees.

 

CA-4.          Community Development Agency:

                    a.      Accept the Redevelopment Agency's approved and adopted Annual Report for Fiscal Year 2010-11. (Appears on the Redevelopment Agency Board of Commissioners' agenda as Item 12d.)

                    b.      Request to approve addendum to agreement with Shute, Mihaly & Weinberger, LLP, extending the term of the contract to December 31, 2013, for legal and technical assistance for Countywide Plan Implementation, Development Code amendments, Local Coastal Program and other initiatives.

                    c.      Authorize President to execute amendment to Community Development Block Grant agreement with the City of San Rafael, increasing the amount by $14,500 for a total contract amount of $147,311, for the Pickleweed Childrens Center.

                    d.      Authorize President to execute amendment to Community Development Block Grant agreement with Quality Care for Kids, increasing the amount by $8,000 for a total contract amount of $84,169, for childcare scholarships.

                    e.      Authorize President to execute amendment to Community Development Block Grant agreement with Marin Center for Independent Living, increasing the amount by $14,951 for a total contract amount of $113,034, for housing rehabilitation for handicapped accessibility.

                     f.       Authorize President to execute first addendum to agreement with Phillips and Associates, increasing contract by $15,000 for a total contract amount of $39,969, and extending the term of the contract to July 31, 2012.

 

CA-5.           Health and Human Services:

                     NOTE:  Agreements in items CA-5a - CA-5b are renewals of existing agreements that were included in and funded in the FY 2011-12 budget.

                     a.      Authorize President to execute FY 2011-12 AIDS Drug Assistance Program agreement with the California Department of Public Health, Office of AIDS, in the amount of $4,435, to provide coordination assistance.

                     b.      Authorize President to execute FY 2011-12 agreement with Seneca Center, in the amount of $1,057,000, to provide Sustaining Families Wraparound Program for children, youth and families in Marin.

                   c.      Authorize President to execute FY 2011-12 amended agreement with YWCA San Francisco and Marin, increasing contract by $6,514 for a total contract amount of $97,670, for the Senior Community Service Employment Program.

                    d.      Authorize President to approve extension of service provider agreements with various agencies and individuals as detailed in staff report dated December 20, 2011.

                    e.      Authorize President to execute two-year agreement with Jewish Family and Children's Services, in an amount not to exceed $105,000, for the Older Adult Prevention and Early Intervention ("PEI") program.

 

CA-6.           Probation:

                     Request to approve cost neutral position allocation changes, as detailed in staff report dated December 20, 2011.

 

CA-7.           Public Works:

                     a.      Authorize President to execute fourth addendum to agreement with BKF Engineers, Inc, in an amount not to exceed $2,021,597, for the rehabilitation of Sir Francis Drake Boulevard, from Shafter Bridge to Platform Bridge Road.

                    b.      Authorize President to execute fifth amendment to agreement with Lou Antonelli, extending the term of the agreement to January 30, 2014, related to the Program Access Implementation Plan Development and Facilitation.

                   c.      Authorize President to execute fourth amendment to agreement with Sally Swanson Architects, Inc. extending the term of the agreement to January 30, 2014, related Americans with Disabilities Act (ADA) services for various projects.

                   d.      Authorize President to execute agreement with Harris & Associates, increasing contract by $20,000 for a total contract of $44,900 for construction engineering services for the Terrace Avenue at Overlook Drive Slide Repair Project (County Project No. 2011-13.)

                   e.      Request to approve continuation of the emergency declarations of conditions requiring slide repair on Terrace Avenue at Overlook Drive in Bolinas and Redwood Avenue, Woodacre.

                     f.       Request to (i) approve plans and specifications; and (ii) direct Clerk to advertise for bids for the Traffic Signal and Intersection Improvements Project, Shoreline Highway at Flamingo Road.  (County Project No. 2005-01)

                     g.      Authorize President to execute the Permit to Enter and Construct for the Miller Creek Sanitary Sewer Relocation Project, as detailed in staff report dated December 20, 2011.

                     h.      Authorize President to execute first addendum to agreement with Mikel Love and Associates, extending the term of the contract to May 30, 2013, for design of fish passage projects in the San Geronimo Creek Watershed.

                     i.       Authorize President to execute twelfth addendum to agreement with AECOM, to (i) extend the contract term to June 30, 2013; and (ii) increase the contract by $43,450 for a total contract amount not to exceed $4,724,530, for services related to the Cal Park Tunnel Rehabilitation and Multiuse Pathway Project.

 

                     CONSENT CALENDAR B (Items CB-1 through CB-4)

                     ("Consent Calendar B" reflects those agenda items requiring 4/5 vote of available members relating to budgetary matters.)

 

CB-1.           County Administrator:

                     Request to approve FY 2011-12 monthly budget adjustments, as detailed in staff report dated December 20, 2011.


 

CB-2.           County Counsel:

                     Request to authorize (a) President to execute agreement with Kasowitz, Benson, Torres & Freidman LLP, to provide legal services related to the litigation of County of Marin v. Deloitte Consulting.  Marin County Superior Court Case No. 1002787; and (b) $1,000,000 appropriation with relief of litigation reserve.

 

CB-3            Public Works:

                     a.      Request to (i) approve $600,000 in funding to close the Class 2 bicycle lanes gap on Olive Avenue at the County line near Richardson Way to Atherton Avenue; and (ii) approve budget adjustments as detailed in staff report dated December 20, 2011.

                     b.      Request to (i) authorize Public Works Director to apply for a 0% Energy Efficiency Retrofit Loan Program and Energy Technology Assistance Program ("ETAP") to fund County General Services and Parking Lots Lighting Retrofit Project; (ii) authorize Public Works Director to execute funding agreements;  and (iii) approve budget adjustments as detailed in staff report dated December 20, 2011.

 

CB-4.           Sheriff:

                     Request to approve budget actions related to acceptance of FY 2011 State Homeland Security Grant Program ("SHSGP") funds in the amount of $412,769, as detailed in staff report dated December 20, 2011.