REGULAR MEETING OF THE MARIN COUNTY BOARD OF SUPERVISORS HELD TUESDAY, AUGUST 5, 2003, AT 8:34 A.M. PRESENT: SUPERVISORS Susan L. Adams, Harold C. Brown, Jr., Steve Kinsey, Cynthia L. Murray, Annette Rose, President 1. CLOSED SESSION [Information Services] The Board met in closed session at 8:37 a.m. for interviews with candidates for appointment to the position of Director of Information Services and Technology pursuant to Government Code Section 54957. The Board recessed at 10:16 a.m. and reconvened in open session at 10:21 a.m. All Supervisors were present. The President reported that the Board met in closed session to interview candidates for appointment to the position of Director of Information Services and Technology and advised that interviews with candidates would continue at 1:00 p.m. 2. BOARD OF SUPERVISORS' MATTERS Construction Violations [Community Development Agency] Supervisor Brown commented on complaints he's received regarding a home built in his District that was approved for just less than 4,000 square feet but that was actually constructed at 6,000 square feet. Supervisor Brown expressed his outrage over this event and requested Community Development Agency staff to report back to the Board providing information on how this type of situation can be addressed in the future, including providing adequate notification to the community and identifying effective deterrents and penalties to be applied in such cases, including possibly requiring demolition of the structure in the case of egregious violations. Community Development Agency Director Alex Hinds responded to Supervisor Brown's comments stating that he will provide a report to the Board, looking not only at what can be done specifically regarding the current property, but also what can be done to avoid similar occurrences. Mr. Hinds briefly responded to comments made by Board members regarding facts involved in the current case and the County's current building enforcement system. Second Dwelling Units [Community Development Agency] Supervisor Brown referred to a memorandum dated June 13, 2003, from Senior Planner Christine Gimmler, addressed to the Board of Supervisors, regarding modifications to the State law pertaining to development of second dwelling units. Supervisor Brown expressed concerns regarding the change in State law which requires local agencies to provide a ministerial process for second dwelling unit applications, commenting on the lack of public notice required for such ministerial actions and the loss of discretionary review authority. Community Development Agency Director Alex Hinds responded to the concerns expressed by Supervisor Brown, commenting on the Planning Commission's review of a draft ordinance related to second dwelling units and stating that revisions to the draft Development Code should be presented to the Board for consideration this fall. Disability Right Of Way Access Workshop [Disabled] M/s Kinsey-Murray, to determine the need to take action arose subsequent to the agenda being posted. AYES: ALL By letter dated August 5, 2003, Supervisor Kinsey requested the Board to fund the Marin Showcase Theater rental fees, estimated to be $3,000, for the September 17, 2003, "Disability Right of Way Access Workshop". Assistant Public Works Director Rick Carlsen introduced Rocky Burks, the County's interim Americans with Disability Act Coordinator, briefly commented on Mr. Burks background, reviewed the content of the proposed workshop, identified participating agencies and speakers and responded to questions from the Board regarding disabled access to the training. Supervisor Kinsey briefly commented on the Board's commitment to developing public policy regarding accessibility issues. M/s Kinsey-Murray, to fund the rental fees for the Showcase Theater, estimated to be $3,000, for the September 17, 2003, "Disability Right of Way Access Workshop". AYES: ALL Board members individually commented on the workshop suggesting that staff from local Parks Departments as well as schools and members of the disabled community also be alerted to the training opportunity. Citizens Housing Corporation (Fireside Apartments) Project [Master Plans: Fireside] Supervisor Kinsey briefly commented on last week's Board actions approving the Citizens Housing Corporation (Fireside Apartments) affordable homes project, commending the collaborative efforts of Associate Civil Engineers Eric Steger and Jason Nutt in working with Community Development Agency staff and in demonstrating flexibility and cooperation to finding creative solutions. 3. ADMINISTRATOR'S REPORT Agenda Modifications - Closed Session [Board of Supervisors] County Administrator Mark Riesenfeld advised that County Counsel has requested an urgency finding to add two additional closed session items to the agenda. Thereafter, M/s Murray-Adams, to determine that the need to take action arose subsequent to the agenda being posted. AYES: ALL Pursuant to letters dated August 4 and 5, 2003, from Assistant County Counsel Jack Govi, M/s Murray-Adams, to add the following two matters to the closed session agenda as follows: a. 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; and b. Conference with legal counsel regarding potential litigation pursuant to California Government Code Section 54956.9(b)(1). Number of Potential Cases: One (1). AYES: ALL State Budget [County/State Government Relations] County Administrator Mark Riesenfeld provided a brief overview of the County budget impacts of the recently approved State 2003-04 Budget Bill. Mr. Riesenfeld summarized the overall budget impact for the current Fiscal Year, as well as anticipated impacts for succeeding years; responded to questions from the Board regarding specific County program impacts and noted that specific recommendations responding to the State budget will likely be presented to the Board in September. Recall Election [Elections] County Administrator Mark Riesenfeld noted that the Gubernatorial Recall Election is estimated to cost Marin $500,000, noting that this is an unbudgeted expense which will need to be addressed in addition to the expected $7.1 million dollar County budget impact anticipated from the recently approved State budget. Mr. Riesenfeld noted that his office is working to develop additional budget tools to be able to describe the County budget in terms of work programs and outcomes to better assist the Board in prioritizing projects and programs and emphasized the significance of the State budget impacts on the County. (Supervisor Brown absent at 9:47 a.m.) 4. OPEN TIME Disaster Preparedness [Disaster Council] Michael Franzblau, M. D., a former member of the County Disaster Council, addressed the Board asserting the Board has an obligation to establish a special ad hoc committee to investigate the functioning of the Disaster Council. Mr. Franzblau briefly outlined his views regarding issues imparting the urgency of creating this ad hoc committee and offered to put his suggestions in writing to be considered by the Board. 5. CONSENT CALENDAR ("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 Adams-Kinsey, to approve: CA-1. Board of Supervisors: [Proclamations] President's Request: Request to adopt resolution proclaiming August 2003 as "Child Support Awareness Month". CA-2. Community Development Agency: Authorize submission of a $50,000 grant request from the Department of Energy for the Million Solar Roofs ("MSR") Initiative to provide outreach and education about solar energy. CA-3. Health and Human Services: NOTE: Agreement in item CA-3 is a renewal of an existing agreement that was included and funded in the FY 2003-04 budget. Authorize President to (a) execute FY 2003-04 Grant Renewal agreement (#GAPP-3037) with the California Department of Education, in the amount of $130,934, to provide child care services for at-risk children placed by Child Protective Services; and (b) adopt resolution authorizing execution of agreement. CA-4. Parks: [Marin Center] Authorize President to execute agreement with Newhart Enterprises, Inc. for a performance by Bob Newhart at the Marin Center on November 21, 2003. CA-5. Probation: Authorize President to execute FY 2003-04 agreement with Huckleberry Youth Programs, Inc., in an amount not to exceed $35,914, for the provision of services in accordance with the County's Comprehensive Multi-agency Juvenile Justice Plan as approved by the State Board of Corrections. CA-6. Public Works: a. Authorize President to execute Amendment No. 5 to agreement with Cortright & Seibold, increasing the contract by $30,000 for a new contract total of $219,449, to provide environmental consulting services for the Marin County Airport Levee Reconstruction Project. (FAA AIP No. 3-06-0167-06) [Airport] b. Request to award contract to lowest responsive bidder, BEST Roofing & Waterproofing, Inc. in the amount of $295,350, for the Hall of Justice Skylights Replacement Project. (Project No. C402) [Project No. C402] AYES: ALL ABSENT: SUPERVISOR Brown 6. CONSENT CALENDAR B ("Consent Calendar B" reflects those agenda items requiring a 4/5th vote relating to budgetary matters.) M/s Adams-Murray, to approve: CB-1. Health and Human Services: [Hospitals] Request from the Director of Health and Human Services to (a) authorize President to execute FY 2003-04 agreement (#EMS-2108) with the California State Emergency Medical Services ("EMS") Authority, in the amount of $19,200, to provide funds to enhance the statewide medical and health communications network; and (b) approve Transfer of Funds increasing appropriations in the Health and Human Services Department, Emergency Medical Services, Special Projects account ($19,200), offset by a contract with the State Emergency Medical Services Authority for the EMS Authority Grant account ($19,200), providing funds to be used to enhance the statewide medical and health communications network in licensed general acute care, 911 receiving hospitals and to increase communications and relationships between these hospitals and HHS. (4/5 vote) CB-2. Library: a. Request from the Director of County Library Services to (1) accept a $2,000 grant from the Heller Foundation to purchase materials in support of the Marin Literacy Program; and (2) approve Transfer of Funds increasing appropriations in the Marin County Free Library, various branch libraries Friends Books and Audio/Visual Materials accounts ($2,000), offset by a grant from the Heller Foundation for the Donations account ($2,000), providing funds for the purchase of materials in support of the Marin Literacy Program's work for the four regional libraries (Civic Center, Corte Madera, Fairfax, and Novato), and for the West Marin Libraries. (4/5 vote) b. Request from the Director of County Library Services to (1) accept $1,053 contribution from the Friends of the Civic Center Library; and (2) approve Transfer of Funds increasing appropriations in the Marin County Free Library, Computer Hardware Expense account ($354), and the Equipment account ($699), offset by a contribution from the Friend's of the Civic Center Library, for the Donations account ($1,053), providing funds to purchase a color laser printer and DVD-R burner for the California Room. (4/5 vote) c. Request from the Director of County Library Services to (1) accept $1,000 contribution from Art Gray; and (2) approve Transfer of Funds increasing appropriations in the Marin County Free Library, Mileage and Routine Travel account ($1,000), offset by a generous donation from Art Gray for the Library's Donations account ($1,000), providing funds to be used to hold an event or purchase some items to improve staff morale at the Civic Center Library, according to Mr. Gray's specific wish to do something nice for the library's staff. (4/5 vote) CB-3. Parks: [Fair] Request from the Director of Parks, Open Space and Cultural Services to accept donation in the amount of $1,500 from Coca-Cola Bottling Company for corporate sponsorship of the 2003 Marin County Fair. (4/5 vote) AYES: ALL ABSENT: SUPERVISOR Brown 7. REQUEST FROM SUPERVISOR ROSE AND THE DIRECTOR OF HEALTH AND HUMAN SERVICES TO ADOPT RESOLUTION PROCLAIMING AUGUST 2003 AS "BREASTFEEDING AWARENESS MONTH", TO COINCIDE WITH "WORLD BREASTFEEDING WEEK" AND ""WIC" (WOMEN INFANTS AND CHILDREN) BREASTFEEDING WEEK" [Proclamations] By letter dated August 5, 2003, Health and Human Services Director Larry Meredith submitted his report and recommendation regarding the above referenced item. On behalf of Supervisor Rose, M/s Adams-Kinsey, to adopt resolution proclaiming August 2003, as "Breastfeeding Awareness Month." AYES: ALL ABSENT: SUPERVISOR Brown Supervisor Rose briefly commented on the health benefits of breastfeeding and commented on the percentage of mothers in the County who breast feed. Dr. Meredith thanked the Board for their support, summarized County breastfeeding statistics, commented on new legislation to encourage workplace friendly environments for lactating mothers and introduced Health and Human Service staff members Ana Farrer, Sandra Rosenblum, Sparkie Spaeth and Frima Stewart. Supervisor Adams briefly commented on her past work as an OB/GYN nurse practitioner and the benefits of breastfeeding, expressed support for developing friendly workplaces for lactating mothers and encouraged staff to remain focused on ways to ensure mother's milk is healthy, commenting on reports regarding toxic chemicals appearing in breast milk. 8. RECOMMENDATION FROM THE HUMAN RESOURCES AND PUBLIC WORKS DIRECTORS TO TAKE ACTIONS RELATED TO ESTABLISHMENT OF THE NEW CLASSIFICATION OF AMERICANS WITH DISABILITIES ACT COORDINATOR [Disabled] Pursuant to the recommendations of Director of Human Services Laura Armor in her letter dated August 5, 2003, M/s Adams-Kinsey, to approve the following actions effective August 17, 2003: a. Adopt new classification of Americans with Disabilities Act Coordinator (Class #2099); b. Adopt the following hourly salary range: step 1 ($34.42), step 2 ($36.05), step 3 ($37.86), step 4 ($39.71), step 5 ($41.59); and c. Assign the classification to the unrepresented bargaining unit/fringe group 30-01 (80 hours). AYES: ALL ABSENT: SUPERVISOR Brown Assistant Public Works Director Rick Carlsen responded to a question from the Board regarding timeframe for filling the position. Supervisors Rose and Murray individually commented on the importance of assessing the candidate's ability to effectively communicate with affected communities and to actively reach out to the disabled community for this recruitment. (Supervisor Brown present at 11:00 a.m.) 9. RECOMMENDATION FROM THE HUMAN RESOURCES DIRECTOR AND THE COUNTY ADMINISTRATOR TO APPROVE EXTENSION OF SUPPLEMENTAL PAY FOR QUALIFIED MILITARY RESERVISTS OR NATIONAL GUARD MEMBERS CALLED TO ACTIVE DUTY [Human Resources] Pursuant to the recommendation of Human Resources Director Laura Armor in her letter dated August 5 2003, M/s Murray-Kinsey, to approve an extension of supplemental pay for qualified military reservists or National Guard members called to active duty, extending the program, approved February 4, 2003, to supplement military pay leave for a period of up to seven (7) months for those regular County employees called to active military duty pursuant to the following guidelines: a. Eligibility: All County employees called to active military duty who: 1. Are members of the National Guard or 2. Have one year of service with the County of Marin and are reservists of the Army, the Navy, the Air Force, the Marines or the Coast Guard. b. Duration: 1. Employees shall receive full compensation for the first thirty (30) days of military service in fiscal year 2003-2004, in accordance with California Military & Veterans Code  389 et. seq. 2. Supplemental pay shall begin on the 31st calendar day, and cease on the date the employee is officially released from active military duty, or at the end of six (6) months of military pay supplement (seven total months of duty) if the employee is still on active duty, whichever occurs earlier. 3. Supplemental pay may be extended beyond what is authorized, at the sole discretion of the Board of Supervisors. c. Compensation and Benefits: 1. Beyond the first thirty (30) days, the amount paid the employee will be the difference between the employee's base biweekly pay, including flexible benefit cash allowance, and the base military pay, excluding other allowances. 2. In the event that the employee's military base pay exceeds the County's base pay allowances, the employee shall receive no additional pay allowances or paid leave benefits under this program. 3. While eligible for a military pay supplement, the County will continue to pay biweekly contributions toward the fringe benefit program and the employee shall contribute the required employee contribution to retirement and health insurance premiums. a. Employee and dependent health insurance premiums shall be made during this period only if the employee's military pay supplement is sufficient to cover employee's contribution. b. Employees under this program are eligible to discontinue dependent coverage during military leave and reinstate coverage upon return to work. c. Employees may pay their required premiums directly to the Auditor-Controller's Department during their military leave if insufficient military supplement is available. d. If there is no military pay supplement, or the supplement is insufficient to make the full required retirement contributions, upon the employee's return from active leave, the County Auditor-Controller shall withhold contributions based on the member's salary at the time leave commenced equal to the number of pay periods for which no contributions were made. However, within ninety (90) days of reinstatement, the employee may: i. Elect not to make the additional contributions and, ii. To not receive the corresponding service credit. 4. Employees eligible under the program will continue to accrue vacation, sick or other leave benefits at their regular accrual rate during the period of military leave. 5. Employees eligible under the program will receive service credit for layoff purposes during the period of military leave. d. Condition of Payment: 1. Employee must use all compensatory time, excluding holiday and vacation accruals, before military pay supplement begins. Use of vacation and holiday accruals is optional for the employee and subject to department head approval. 2. Prior to issue of any supplemental pay, the employee will be required to submit to their department head a copy of the orders of active duty, and copies of his/her military pay stubs, for the sole purpose of determining amounts of supplemental pay. The vote on the pending motion was AYES: ALL County Administrator Mark Riesenfeld responded to a question from the Board noting that the approval of the supplemental pay is for FY 2003-04. 10. REQUEST FROM THE COUNTY ADMINISTRATOR FOR BOARD ADOPTION OF RESPONSE TO FY 2002-03 GRAND JURY REPORT: "THE PUBLIC DEFENDER IN MARIN" [Grand Jury] By letter dated August 5, 2003, County Administrator Mark Riesenfeld submitted his report and recommendations regarding the above-captioned item. M/s Brown-Murray, to consider and adopt the proposed response to the FY 2002-03 Grand Jury report entitled "The Public Defender in Marin" (May 13, 2003), and direct the clerk to submit the response to the Presiding Judge of the Marin County Superior Court. AYES: ALL Public Defender Joseph Spaeth commented on the current status to improve the space plan for the Public Defender's office, expressed appreciation to the Board for their approval of the recommendations and expressed his satisfaction with the Grand Jury's Report. 11. REQUEST FROM THE SHERIFF TO ADD .80 FTE SHERIFF'S SERVICE ASSISTANT IN BUDGET CENTER 331 AND INCREASE APPROPRIATIONS AND ESTIMATED REVENUE AS DETAILED IN STAFF REPORT DATED AUGUST 5, 2003 [Sheriff] Pursuant to recommendations of the Sheriff in letter dated August 5, 2003, M/s Murray-Kinsey, to approve the following actions effective August 3, 2003: a. Add .80 FTE Sheriff's Services Assistant (Class #0700) in Budget Center 331; and b. Approve Transfer of Funds increasing appropriations and estimated revenues in Budget Center 331, Jail as follows: Account 1003 - Regular Salaries $34,960; Account 1402 Retirement $4,014., County Account 1404 Social Security $520, Account 1506, Additional Fringe $5,387 and Account 1701 Compensation Insurance $270. Revenue Account 9514 - Inmate Welfare Revenue $45,151. Sheriff Robert Doyle responded to questions from Supervisor Adams regarding the current employment status of the incumbent, the rationale for converting a contract position to a regular-hire position and the protection of the Inmate Welfare Fund. Supervisor Kinsey expressed his appreciation to the Sheriff for his progressive approach to public safety including consideration of the inmates and encouragement of their rehabilitation. Thereafter, the vote on the pending motion was AYES: ALL 12. APPOINTMENTS a. Disaster Council i. M/s Murray-Adams to appoint Margaret Valentine to the vacancy representing the Marin Interagency Disaster Council due to the resignation of Sue Pollak. AYES: ALL ii. Scheduled appointment for August 26, 2003, for one vacancy representing District 1 due to the resignation of Michael Franzblau, M. D. b. In-Home Supportive Services Public Authority of Marin Scheduled appointment for August 26, 2003, to the vacancy representing District 1 Consumers due to the resignation of Theresa Camalo. c. Marin AIDS Commission Scheduled appointment for August 26, 2003, for one At-Large vacancy due to the resignation of Marc Hering. d. Workforce Investment Board M/s Murray-Brown, to: i. appoint William Baeza, Joan Capurro, Caran Cuneo, Lori Fromm, Ginny Kuhel, Joseph McGarry, Nancy Mellor, Leonard Sbrocco, and Diane Vancini as Business representatives; ii. appoint Gene Abbott, Anne Farrah, and Lorraine Wilson as Education representatives; iii. appoint David Buccheri, Liz Rottger, and Peter Schiller as 1- Stop Partners; iv. appoint Donna Lemmon, Mary Sweeney, and Cecilia Zamora as Community Based Organization representatives; v. appoint Maureen McManus and Kris Organ as Labor representatives; vi. appoint Benny Stewart as Economic Development Agency representative; and vii. continue remaining 8 appointments to August 26, 2003. AYES: ALL Re: Personnel Commission Supervisor Rose responded to a question from Supervisor Kinsey regarding the Personnel Commission interviews stating that nominations would be made on August 26, 2003, and interviews would take place on September 9, 2003. Re: Adult Criminal Justice Commission Supervisor Adams responded to a question from Supervisor Kinsey regarding the purpose of the Adult Criminal Justice Commission stating that the Criminal Justice and Behavioral Health Committee is reviewing several commissions for possible consolidation and may be making recommendations to the Board. Supervisor Murray directed staff not to advertise for existing and possible vacancies on the Adult Criminal Justice Commission until this is resolved. The Board recessed at 11:08 a.m. to meet as the Marin County Redevelopment Agency Board of Commissioners and the Marin County Open Space District Board of Directors. The Board reconvened in open session at 11:13 a.m. All Supervisors were present. The Board recessed at 11:14 a.m. to meet in closed session. 15. CLOSED SESSION The Board met in closed session at 12:00 noon to discuss: a. Conferences with legal counsel regarding: [Board of Supervisors] i. Anticipated litigation pursuant to California Government Code Section 54956.9(c). Number of cases: one. ii. 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. iii. Conference with legal counsel regarding potential litigation pursuant to California Government Code Section 54956.9(b)(1). Number of Potential Cases: One (1). b. Continued interviews with candidates for appointment to the position of Director of Information Systems and Technology pursuant to Government Code Section 54957. [Information Services] The Board recessed at 3:44 p.m. and reconvened in open session at 3:48 p.m. Supervisor Brown was absent. The President reported that the Board met in closed session and advised that the Board has authorized County Counsel to file a lawsuit to enforce the Removal and Restoration Performance Agreement executed by Richard Mitchell. The President advised that there was nothing further to report at this time. The meeting was adjourned at 3:49 p.m. SINE DIE ___________________________________ PRESIDENT PRO TEM ATTEST: _______________________________ CLERK Marin County BOS Minutes 1 8/5/2003