REGULAR MEETING OF THE MARIN COUNTY BOARD OF SUPERVISORS HELD TUESDAY, SEPTEMBER 9, 2003, AT 9:06 A.M. PRESENT: SUPERVISORS Susan L. Adams, Harold C. Brown, Jr., Steve Kinsey, Cynthia L. Murray, Annette Rose, President 1. CLOSED SESSION [Health and Human Services] The Board met in closed session at 9:07 a.m. to discuss Appointed Department Head evaluation (Health and Human Services) pursuant to Government Code Section 54957. The Board recessed at 10:11 a.m. and reconvened in open session at 10:16 a.m. All Supervisors were present. The President reported that the Board met in closed session and advised that there was no announcement at this time. 2. APPROVAL OF MINUTES [Minutes: August 19, 2003] Supervisor Adams requested that the August 19, 2003, minutes pertaining to Agenda Item CA-9f, corresponding to the agreement with the State of California, Redwood Landfill, Inc., and USA Waste of California, Inc., be revised to reflect her comments regarding the agreement being required for safety reasons and not for expansion of the landfill. M/s Murray-Adams, to approve the minutes of the meeting of August 19, 2003, as amended and the minutes of the meeting of August 26, 2003, as circulated. AYES: ALL 3. BOARD OF SUPERVISORS' MATTERS Agenda Modification: Consent Calendar A [Proclamations] Supervisor Adams requested that Item CA-2, pertaining to the adoption of a resolution proclaiming the month of September 2003 as "National Alcohol and Drug Addiction Recovery Month" be pulled from Consent Calendar A for consideration separately. Alternative Transportation Supervisor Adams briefly commented on the multi-model transportation educational tour she experienced while vacationing in the Netherlands. California Credit Unions Supervisor Brown commented on a memorandum he received from Supervisor Kinsey regarding the California Credit Unions working on financial privacy legislation. In Memoriam [Memoriam] At the request of Supervisor Murray, M/s Murray-Adams, to determine the need to take action arose subsequent to the agenda being posted. AYES: ALL M/s Murray-Adams, to adjourn the meeting in memory of Leatha Margaret Kamena, mother-in-law of District Attorney Paula Kamena. AYES: ALL Hamilton Wetlands at Hamilton Army Air Field [Hamilton] M/s Murray-Kinsey, to determine the need to take action arose subsequent to the agenda being posted. AYES: ALL Supervisor Murray requested a letter be sent to Governor Davis regarding the acquisition of the Hamilton Wetlands at Hamilton Army Air Field and acceptance of title to the subject property. Members of the public spoke in favor of the letter, requested a letter also be sent to the California State Public Works Board, urged the State to accept the transfer of funds for the Hamilton Wetlands restoration from the Federal Government and thanked the Board. Thereafter, M/s Murray-Kinsey, to authorize the President to send a letter of support to Governor Gray Davis and the California State Public Works Board for the acquisition of the Hamilton Wetlands at Hamilton Army Air Field. AYES: ALL Transportation Bill [Bills/Legislation] Supervisor Kinsey thanked Senator John Burton for his support of Transportation Bill SB 916 which passed the Assembly on September 8, 2003. Frank Lloyd Wright National Conservancy Supervisor Rose thanked all departments and individuals for their efforts in preparing the Civic Center for last Saturday's Frank Lloyd Wright National Conservancy tour. Supervisor Rose commented on how beautiful the building looked and commented on her receipt of the "Wright Spirit Award" from the National Conservancy. 4. ADMINISTRATOR'S REPORT Agenda Modification - Item 17a [Board of Supervisors] County Administrator Mark Riesenfeld requested item 17a, pertaining to negotiations with the Probation Managers' Association, be pulled from today's closed session agenda. Budget Amendment Package [Budget] Mr. Riesenfeld noted that there will be a Budget Amendment package on the September 16, 2003, agenda for the Board's consideration. Agenda Modification - Item 10 [Health and Human Services] Mr. Riesenfeld requested that item 10, a request from the Department of Health and Human Services to adopt a resolution accepting revisions to the County's Uncompensated Care Relief Payment Program, be pulled from today's agenda. 5. OPEN TIME House Joint Resolution 20 [Bills/Legislation] A member of the public urged the Board to support House Joint Resolution 20, a pending Congressional joint resolution to repeal the authorization for the use of military force against Iraq, and urged the Board's support. Alcohol and Drug Advisory Board Alcohol and Drug Advisory Board Chair Thelma Clark thanked the Board for funding provided to help refurbish the new detox facility. 6. 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.) At Supervisor Adam's request, Item CA-2 was pulled from Consent Calendar for consideration separately following Consent Calendar A. M/s Murray-Kinsey, 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: [Proclamations This item was pulled from the Consent Calendar and heard following Consent Calendar A. CA-3 Community Development: [CDA: Environmental Health Div.] Authorize President to execute the first addendum to agreement with the East Shore Planning Group, in the amount of $19,000 for a total contract amount of $69,000, and also modifying two of the tasks and extending the contract for another year, related to a feasibility study evaluating wastewater repairs for septic systems along the east shore of Tomales Bay. CA-4. Information Services and Technology: Authorize President to execute agreement with Marinfo LLC, in the amount of $183,000, to develop, maintain and support services for the MIDAS/marin.org community, which includes administration, financial, help desk and web master support. CA-5. Public Works: a. Authorize President to (i) execute Notice of Completion for the Paradise Cay-CSA No. 29 Maintenance Dredging project; and (ii) approve release of retention in the amount of $15,532.40, 35 days after Board action to W. R. Ford Associates. (Project No. ECX9X7) [Project ECX9X7] b. Request to adopt Resolution No. 2003-119 vacating the five foot wide public easement lying between Lots 28, 29, 46 and 47 as shown on the map of Greenbrae Subdivision No. One, unincorporated Greenbrae. [Easements] c. Request to declare as surplus a list of twenty County- owned vehicles, as detailed in staff report dated September 9, 2003, and authorize their disposition via sale to the public sector or public auction. CA-6. Treasurer: Monthly Report of County, Schools and District Investments as of July 31, 2003. AYES: ALL CA-2 REQUEST FROM SUPERVISOR ADAMS AND THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ADOPT A RESOLUTION PROCLAIMING THE MONTH OF SEPTEMBER 2003 AS "NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH" [Proclamations] Pursuant to the recommendation of Health and Human Services Director Larry Meredith in his letter dated September 9, 2003, M/s Adams-Murray, to adopt a resolution proclaiming the Month of September 2003 as "National Alcohol and Drug Addiction Recovery Month". Mr. Meredith briefly commented on the strides being made in substance abuse treatment programs and on the available services that educate the public that addiction is a chronic, but treatable, public health problem that affects thousands of Marin County residents. Thereafter, the vote on the pending motion was AYES: ALL 7. CONSENT CALENDAR B ("Consent Calendar B" reflects those agenda items requiring a 4/5th vote relating to budgetary matters.) M/s Murray-Kinsey to approve: CB-1. Community Development Agency: [CDA: Environmental Health Services Div.] Request from the Community Development Agency, Division of Environmental Health Services to (a) accept a $216,800 federal assistance grant from the U.S. Environmental Protection Agency ("EPA") to upgrade and repair septic systems along the East Shore of Tomales Bay; and (b) approve Transfer of Funds increasing appropriations in Environmental Health Services, Contract Services Miscellaneous account ($216,800), offset by a grant from the U.S. Environmental Protection Agency into the Other Aid Federal account ($216,800). (4/5 vote) AYES: ALL 8. REQUEST FROM THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ADOPT A RESOLUTION OPPOSING STATE PROPOSITION 54 REGARDING CLASSIFICATION BY RACE, ETHNICITY, COLOR OR NATIONAL ORIGIN [Bills/Legislation] By letter dated September 9, 2003, Health and Human Services Director Larry Meredith submitted his report and recommendation regarding the above referenced item and stated that Proposition 54 could have significant adverse effects on a variety of efforts to better target health and welfare services, as well as efforts to address current or past disparities in employment patterns. M/s Kinsey-Murray, to adopt resolution No. 2003-120 opposing State Proposition 54 regarding classification by race, ethnicity, color, or national origin. AYES: ALL 9. REQUEST FROM THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ADOPT A RESOLUTION SUPPORTING THE CONTINUED EFFORTS TO EXPAND CHILDREN'S HEALTH INSURANCE IN MARIN COUNTY [Health and Human Services] By letter dated September 9, 2003, Health and Human Services Director Larry Meredith submitted his report and recommendation regarding the above referenced item and advised access to health insurance is particularly critical for children who need a range of basic preventive services, such as dental care or immunizations. Mr. Meredith introduced Long Term Care Integration Manager Bobbe Rockoff who gave a visual slide presentation entitled "Health Care Coverage for All Marin Kids." Ms. Rockoff invited the Board to commit to the principle of health insurance for all Marin County children by endorsing a steering committee comprised of the Board and the Department of Health and Human Services staff along with the Marin Community Foundation, First Five, and the Healthy Marin Partnership to create a health care insurance funding collaborative. Ms. Rockoff briefly summarized options for coverage and costs involved. Supervisor Adams advised that proposed health legislation is still pending in Sacramento. Ms. Rockoff responded to questions from the Board regarding the Marin Community Foundation's ("MCF") coverage for 500 children, which ends in December, and questions regarding the financial projections contained in her report. Supervisor Rose requested a subcommittee of the Board be formed to meet with staff and bring back to the Board a list of the members of the "Childrens' Health Insurance Working Group." M/s Kinsey-Murray, to adopt Resolution No. 2003-121 supporting efforts to establish a universal health care plan for the children of Marin County and to convene a Childrens' Health Insurance working group comprised of Health and Human Services staff and Supervisors Kinsey and Adams. Supervisor Brown asked County Administrator Mark Riesenfeld to gather information regarding the long term budget effects of this proposal. Thereafter, the vote on the pending motion was AYES: ALL 10. REQUEST FROM THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ADOPT A RESOLUTION ACCEPTING REVISIONS TO THE COUNTY'S UNCOMPENSATED CARE RELIEF PAYMENT PROGRAM [Health and Human Services] This item was pulled from today's Agenda under Item 4, the Administrator's Report. 11. REQUEST FROM THE TREASURER-TAX COLLECTOR FOR A LETTER IN SUPPORT OF AB 1531, AS AMENDED ON JULY 8, 2003, AND AUGUST 25, 2003, WHICH WOULD REQUIRE THE STATE TO PAY EXPENSES INCURRED AS A RESULT OF THE OCTOBER 7, 2003, SPECIAL RECALL ELECTION [Bills/Legislation] By letter dated September 9, 2003, Treasurer-Tax Collector Michael J. Smith submitted his report and recommendation regarding the above referenced item. M/s Brown-Murray, to approve a letter of support for AB 1531, as amended on July 8, 2003, and August 25, 2003, requiring the State to pay expenses incurred as a result of the October 7, 2003, Special Recall Election. AYES: ALL 12. SUPERVISOR ROSE REQUESTING APPROVAL OF A $100,000 LOAN TO THE CITY OF SAUSALITO FOR INTERIM ASSISTANCE IN THE ACQUISITION OF THE GOSSAGE PROPERTY [Board of Supervisors] By letter dated September 9, 2003, Supervisor Rose submitted her report and recommendations regarding the above-captioned item. On behalf of Supervisor Rose, M/s Brown-Kinsey, to authorize the President to approve a no-interest $100,000 loan to the City of Sausalito, for a term of twelve (12) months, for the purpose of assisting in the acquisition of the Gossage Property, subject to review and approval of the County Administrator and County Counsel. AYES: ALL 13. HEARING: ORDINANCES RELATED TO TRANSFERRING PERMITTING AUTHORITY FOR CERTAIN LIMITED ACTIVITIES FROM THE COUNTY ADMINISTRATOR'S OFFICE TO THE COMMUNITY DEVELOPMENT AGENCY [Item 14 - September 23, 2003] County Administrator Mark Riesenfeld requested this item to be continued to September 23, 2003. There being no objection by Board members, the hearing on this item was continued to September 23, 2003, at 11:00 a.m. 14. APPOINTMENTS a. Assessment Appeals Boards 1 and 2 ("AAB") M/s Brown-Murray, to appoint Hugh G. Marchant to Assessment Appeals Board #1 and Roy Farrington Jones to Assessment Appeals Board #2. AYES: ALL b Child Care Commission Scheduled appointments for September 30, 2003, for four vacancies, due to term expirations or resignations, appointed by the Board of Supervisors as follows: 1 Public Agency representative (Donna West); 1 Consumer representative (Kim Mazzuca); 1 Community representative (Ione Breen); and 1 Canal representative (Sandra Ponek). Scheduled appointments for September 30, 2003, for seven vacancies due to term expirations or resignations, appointed by the Marin County Superintendent of Schools as follows: 2 At-Large representatives (Reverend John Auer, John Leonard); 2 Community representatives (Danai Tarry, Marry Willis); 1 Provider representative (Kay Wernert); and 2 Public Agency representatives (Mary Batchelder, Sally Trahan). c. Housing Authority Board of Commissioners Scheduled appointment for October 14, 2003, for vacancy representing Public Housing representative due to the resignation of Jozette Justice. d. In-Home Supportive Services Public Authority of Marin Scheduled appointment for September 30, 2003, for vacancy representing an At-Large Consumer due to the resignation of Renee Pollard. e. Personnel Commission Board members interviewed the following candidates as to their background and interest in serving on the Personnel Commission: Andrew Marshall and Mary Stompe. Supervisor Brown stated that he would also like to interview Richard Biegel. There being no objection by the Board members, Mr. Biegel was also interviewed. Following the interviews, a roll call vote was taken resulting in 3 votes for Andrew Marshall (Supervisors Brown, Kinsey, Rose), and 2 votes for Mary Stompe (Supervisors Murray and Adams). Thereafter, M/s Adams-Kinsey, to unanimously appoint Andrew Marshall to the At-Large vacancy on the Personnel Commission. AYES: ALL f. Workforce Investment Board M/s Murray-Adams, to appoint Aurora Roland to the vacancy representing Economic Development Agency on the Workforce Investment Board. AYES: ALL (Supervisor Brown absent at 11:30 a.m.) 15. REQUEST FROM COUNTY COUNSEL FOR BOARD ADOPTION OF POLICY REPORT AND RECOMMENDATIONS FOR THE COUNTY WITH REGARD TO COMPLIANCE WITH THE USA PATRIOT ACT [Bills/Legislation] By letter dated August 12, 2003, County Counsel Patrick Faulkner submitted his report and recommendations on the above- captioned item and advised that the report had been prepared by Catherine Ahn, a UC Berkeley Boalt Hall law student and a member of the UC Berkeley Patriot Act Compliance Executive Steering Committee. Mr. Faulkner stated that the report details the changes in law brought about by the USA Patriot Act ("Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism"), and stated that the County Library has implemented a policy not to keep records of our citizens' activities that relate to information and free speech, beyond what is absolutely necessary to conduct the business of the Library or other business of the County. Mr. Faulkner noted that the County's Records Retention Committee constantly reviews the laws relating to retention and destruction of records and accommodates changes as needed by such legislation as the Patriot Act. The meeting was declared open for public comment. Peace and Justice Coalition representative Allan Barnett thanked the Board for the work that has been done and encouraged approval of the policy. Mr. Barnett expressed concerns regarding: a) steps to be taken by staff when an FBI agent requests information; b) the apprehension of immigrants; c) the "sneak and peak" provisions of the Patriot Act; and d) the sheriff's ability to refuse to cooperate. There being no further comment, the public comment period was closed. Supervisor Kinsey thanked County Counsel Patrick Faulkner, Catherine Ahn, and Director of County Library Services Carol Starr. Supervisor Kinsey asked that the Records Retention Committee be given a copy of the report and stated that the County should stay engaged in the legislative activities of Congress to be prepared to weigh in as the repeal sunset approaches or as alternative legislation seeks to extend the term of the USA Patriot Act. Mr. Faulkner responded to a question by Supervisor Adams stating that all departments will be asked to look at records retention and the type of records that their department retains to ensure that they are not retaining more than is necessary to conduct their business. M/s Kinsey/Adams, to: a) Approve the Report on USA Patriot Act; and b) Direct staff to implement procedures for complying with requests for information from governmental sources for Marin County. AYES: ALL ABSENT: SUPERVISOR Brown Supervisor Rose requested that Ms. Ahn be sent a letter of appreciation for her work. 19. REQUEST FROM THE COMMUNITY DEVELOPMENT AGENCY TO CONTINUE HEARING ON THE ALEXANDRA LAKE-SMITH APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF THE QUALLS/TOM COASTAL PERMIT/DESIGN REVIEW APPLICATION [Item 25 - October 14, 2003] M/s Murray-Adams, to continue hearing to October 14, 2003, at 1:30 p.m. AYES: ALL ABSENT: SUPERVISOR Brown The President announced that the clerk would be present at 1:30 p.m. should any members of the public appear for the hearing. The Board recessed at 12:19 p.m. to meet as the Marin County Open Space District Board of Directors and reconvened in open session at 12:20 p.m. Supervisor Brown was absent. The Board recessed at 12:25 p.m. to meet in closed session. 17. CLOSED SESSION [Board of Supervisors] The Board met in closed session at 1:00 p.m. to discuss: a. This item was pulled from today's agenda during Item 4 - Administrator's Report. b. Conference with legal counsel regarding anticipated litigation pursuant to California Government Code Section 54956.9(b)(1). Number of cases: two. The Board recessed at 1:35 p.m. and reconvened in open session at 1:36 p.m. Supervisor Brown was absent. The President reported that the Board met in closed session and advised that there was no announcement at this time. 18. WORKSHOP REGARDING CURRENT STATUS OF FINANCIAL MANAGEMENT SYSTEMS PROJECT [Board of Supervisors] The Board met in Room 324A from 1:36 p.m. to 2:30 p.m. for a workshop on the Financial Management Systems Project. The meeting was adjourned at 2:31 p.m. in memory of Leatha Margaret Kamena. SINE DIE ___________________________________ PRESIDENT ATTEST: _______________________________ CLERK Marin County BOS Minutes 1 9/9/2003