REGULAR MEETING OF THE MARIN COUNTY BOARD OF SUPERVISORS HELD TUESDAY, JULY 27, 2004, AT 9:05 A.M. PRESENT: SUPERVISORS Susan L. Adams, Harold C. Brown, Jr., Annette Rose, Cynthia L. Murray, Steve Kinsey, President 1. CLOSED SESSION [Board of Supervisors] The Board met in closed session at 9:06 a.m. for a conference with legal counsel regarding potential litigation pursuant to California Government Code Section 54956.9(b)(1). Number of Potential Cases: One (1). The Board recessed at 9:44 a.m. and reconvened in open session at 9:45 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. The Board recessed to meet as the Marin County Housing Authority at 9:46 a.m. and reconvened as the Board of Supervisors at 10:38 a.m. All Supervisors were present. 3. APPROVAL OF MINUTES [Minutes: July 13, 2004] Supervisor Adams requested that page 1 of the minutes of July 13, 2004, regarding her comments on the Marin Telecommunications Agency ("MTA"), be amended to include her statement that she would return to the Board at a future date with a request for additional funds to support an expanded Needs Assessment of the cable franchise. Supervisor Adams also requested that page 6, Item #13, of the July 13, 2004, minutes regarding Board support of Proposition 63 be revised to include Supervisor Rose's comment that County staff should review all future Board requests related to the Board taking a position on ballot initiatives, and that the text of the initiative should be included as part of the agenda packet. M/s Murray-Adams, to approve the minutes of the meeting of July 13, 2004, as amended. AYES: ALL 4. BOARD OF SUPERVISORS' MATTERS In Memoriam [Memoriam] M/s Adams-Murray, to determine that the need to take action arose subsequent to the agenda being posted. AYES: ALL M/s Adams-Murray, to adjourn the meeting in memory of Thomas Francis Lyons II, father of Deputy County Counsel Thomas Lyons. AYES: ALL Agenda Modification [Item CA-3a - August 10, 2004] Supervisor Brown requested that Item CA-3c, regarding an agreement with the Ross Valley Ecumenical Housing Association for site acquisition for Tam House II, be pulled from today's Consent Calendar A and continued to the meeting of August 10, 2004. Fifth Annual Independence Forum [Disabled] Supervisor Kinsey reported that he and a number of his colleagues recently joined with the disabled community in San Rafael for the 5th Independence Forum. Supervisor Kinsey advised that the event was very positive and noted that the Board continues its commitment to fully integrate the needs of the disabled community into the County workplace and in the community. Thank you to Clerk of the Board Staff Supervisor Kinsey expressed appreciation to staff of the Clerk of the Board's office for their outstanding efforts to capture Board proceedings in the minutes, their preparation of Board agendas, and the various services they provide behind-the- scenes to staff and to the residents of Marin County. 5. ADMINISTRATOR'S REPORT FY 2004-05 Budget Update [Budget] County Administrator Mark Riesenfeld briefly summarized the budget agreement between state lawmakers and Governor Schwarzenegger negotiated late Monday and noted potential impacts to Marin County in this fiscal year and in the future. Supervisor Murray commented that, even though local governments are pleased with the proposed budget package, the State's structural defects remain and Marin County needs to continue to be fiscally conservative. Agenda Modification - Urgency Item [Parks] At the request of Mr. Riesenfeld, M/s Adams-Rose, to determine that the need to take action arose subsequent to the agenda being posted regarding the position of Interim Director of Parks and Open Space. AYES: ALL Supervisor Kinsey advised that the Board just received the resignation of Jack Harrison, the current Interim Director of Parks and Open Space, and therefore it is necessary to reestablish the County Administrator as the Interim Director. Thereafter, M/s Murray-Adams, to reappoint the County Administrator as Interim Director of Parks and Open Space. AYES: ALL Agenda Modification - Closed Session [Board of Supervisors] County Administrator Mark Riesenfeld advised that County Counsel has requested that an additional closed session item be added to the agenda. Thereafter, M/s Rose-Adams, to determine the need to take action arose subsequent to the agenda being posted. AYES: ALL M/s Rose-Adams, to add a closed session item to the agenda for a conference with legal counsel regarding anticipated litigation pursuant to California Government Code Section 54956.9(b)(1). Number of Potential Cases: One (1). AYES: ALL 6. OPEN TIME Ordinance adopting the Marin County Transportation Sales Tax Expenditure Plan [Transportation] A member of the public advised that Transportation Authority of Marin ordinance adopting the Marin County Transportation Sales Tax Expenditure Plan refers to citizens and should instead refer to consumers or residents. 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 Adams-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: [Proclamations] Supervisor Kinsey requesting resolution proclaiming the month of September 2004 as Marin County Free Library's "Library Card Sign-Up Month". CA-3. Community Development Agency: a. Authorize President to (1) execute agreement with AEM Consulting, in the amount of $47,200, for the preparation of an Initial Study for the Binford Road Storage Facility Project; and (2) approve Transfer of Funds increasing appropriations in Community Development Agency, Planning, Contract Services - Special account ($11,252), offset by fees paid by project sponsor into the Environmental Studies Reports account ($11,252), and a transfer of appropriations from an existing encumbrance in Contract Services - Special account ($35,948) through the Reserve for Contingencies. b. Authorize President to execute Third Addendum to Agreement with Steven F. Scholl, increasing the contract amount by $15,000 for a total contract amount not to exceed $47,750, for work related to preparation of the Marin County Local Coastal Program update. c. This item was pulled and continued to the meeting of August 10, 2004. [Item CA-3a - August 10, 2004] CA-4. County Administrator: a. Approve report of delegated agreements executed by the County Administrator during the months of April, May, and June, 2004. [Agreements: April, May and June, 2004] b. Authorize President to execute agreement with the Bolinas Fire Protection District, in the amount of $300,000, for the Bolinas Firehouse and Clinic/Mesa Park joint project. (Corresponds with Board action on January 27, 2004, item #14.) CA-5. Fire: Authorize President to execute FY 2004-05 agreement with Crystal Wright, in an amount not to exceed $65,000, for coordination services for the Marin County Fire Department's Continuous Quality Improvement Program ("CQI"). CA-6 Public Works: [Transportation] Authorize President to execute the Federal Apportionment Exchange Program and State Match Program agreement (Agreement No. X04-5927(043)) with the California Department of Transportation ("Caltrans") to exchange Regional Surface Transportation Program ("RSTP") apportionments for an equal amount of non-federal funds from the State Highway Account. AYES: ALL 8. 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: Request to take the following actions related to acceptance of a $119,879 grant from the California Department of Education ("CDE"), to provide child care services for at-risk children: (a) authorize President to execute FY 2004-05 Grant Renewal agreements (#FAPP-4041 and #GAPP-4041) with the CDE; (b) adopt resolution authorizing execution of agreements; and (c) authorize President to execute Federal Certifications related to the grant. (4/5 vote) CB-2. Library: a. Request from the Director of County Library Services to: (1) accept contribution in the amount of $6,000 from the Friends of the Fairfax Library; and (2) approve Transfer of Funds increasing appropriation in the Marin County Free Library, Audio/Visual materials ($6,000), offset by the above-referenced donation, providing funds to purchase videos, DVDs, audiobooks on CD and cassette, and Classic titles in paperback format to support school reading lists. (4/5 vote) b. Request from the Director of County Library Services to (1) accept a First 5 Children and Families Commission grant, in the amount of $10,000, to improve and expand services to Spanish- speaking members of the community; and (2) approve Transfer of Funds increasing appropriations in the Marin County Free Library, Special Appointments account ($8,750), Social Security account ($135), Compensation Insurance account ($115), and the Office Supplies and Expense account ($1,000), offset by the above- referenced grant. (4/5 vote) CB-3. Parks: [Fair] Request from the Interim Director of Cultural Services to accept the following donations for corporate sponsorship of the 2004 Marin County Fair: (4/5 vote) a. Coca Cola in the amount of $1,500; b. Pom Wonderful in the amount of $1,750; c. United Way/Healthy Marin Partnership in the amount of $2,500; d. Mesa Beverage Co., Inc. in the amount of $3,000; e. The Marin Institute/Play Fair Marin in the amount of $8,500; f. SBC/Aspen Marketing in the amount of $10,000; and g. Stuart Energy in the amount of $13,500. AYES: ALL 9. REQUEST FROM SUPERVISOR ROSE AND THE HEALTH AND HUMAN SERVICES DIRECTOR TO ADOPT RESOLUTION PROCLAIMING AUGUST 2004 AS "BREASTFEEDING AWARENESS MONTH", TO COINCIDE WITH "WORLD BREASTFEEDING WEEK" AND THE "WOMEN INFANTS AND CHILDREN ("WIC") BREASTFEEDING WEEK" [Proclamations] By letter dated July 27, 2004, Health and Human Services Director Dr. Larry Meredith submitted his report and recommendations regarding the above-captioned matter. M/s Rose-Adams, to adopt a resolution proclaiming August 2004 as "Breastfeeding Awareness Month." AYES: ALL Supervisor Rose read the resolution. Dr. Meredith introduced Assistant Chief of Children's Health Services Leal Lambert and Health and Human Services Support Service Worker Susan Martinelli, who distributed information on the benefits of breastfeeding and expressed gratitude to the Board. Supervisor Rose noted that the resolution includes language regarding new California legislation which requires employers to provide a private space to accommodate employees wishing to express breast milk. Supervisor Murray commented that one of the reasons the Board is hopeful about establishing an on-site day care center for County employees is to give mothers the opportunity to breastfeed their children. Supervisor Adams offered to continue to support breastfeeding in the community after Supervisor Rose leaves the Board at the end of her term of office. In response to a question from Supervisor Kinsey, Supervisor Adams noted that there is data demonstrating possible protective health benefits of breastfeeding related to the development of breast cancer, especially for younger mothers. Supervisor Murray pointed out that there have been a number of scientific studies demonstrating the increased risk of obesity in babies who are not breastfed. 10. SUPERVISOR BROWN REQUESTING ADOPTION OF A RESOLUTION SUPPORTING PROPOSITION 71 ON THE NOVEMBER, 2004 BALLOT, THE "CALIFORNIA STEM CELL RESEARCH AND CURE INITIATIVE" [Bills/Legislation] By letters dated July 27, 2004, Supervisor Brown and County Administrator Mark Riesenfeld submitted their report regarding the above-captioned matter and Supervisor Brown briefly summarized the Initiative. M/s Brown-Murray, to adopt Resolution No. 2004-73 supporting Proposition 71, the "California Stem Cell Research and Cure Initiative," on the November 2004 ballot. Supervisor Adams stated that she supports the concept of stem- cell research but expressed concerns regarding the way Proposition 71 is crafted. Supervisor Adams cited the use of taxpayer bond money, noting that endowment money would be a more appropriate funding source, and inquired whether private biotech and research companies will derive benefit from this research money while being allowed to market products for private fiscal gain. Supervisor Adams questioned whether the ethics component of Proposition 71 is fully developed, referring to the need for an outside ethics officer, not on the staff of the Institute, to monitor and set up ethical guidelines. Supervisor Adams advised that she would be willing to study the issue further to see if she could support this as an individual. Three members of the public responded to Supervisor Adams' concerns, noting that the use of the funds is restricted to University medical schools in the State of California, will be for non-commercial use only, and will operate under strict levels of bio-ethical control. The speakers urged the Board to support this Initiative, citing the need for research to provide lifesaving cures for many diseases and injuries. Supervisor Murray stated that she is proud to support the proposed resolution, noting that it is a national disgrace that critically important stem cell research has been abandoned. Supervisor Kinsey noted that he originally had some concerns regarding the financial structure of the Initiative but felt that they had been adequately addressed by today's discussion. Thereafter, the vote on the pending motion was AYES: SUPERVISORS Brown, Rose, Murray, Kinsey ABSTAIN: SUPERVISOR Adams 11. REQUEST FROM THE COUNTY ADMINISTRATOR, ON BEHALF OF SUPERVISOR KINSEY, TO ADOPT A RESOLUTION INDICATING THE BOARD'S SUPPORT FOR MEASURE A ON THE NOVEMBER 2, 2004, BALLOT, THE "MARIN TRAFFIC RELIEF AND BETTER TRANSPORTATION ACT" [Elections] By letter dated July 27, 2004, County Administrator Mark Riesenfeld submitted his report and recommendations, on behalf of Supervisor Kinsey, regarding the above-captioned matter. Supervisor Murray requested that the language of the staff letter and the proposed resolution be revised to correctly identify the title of Measure A as the "Marin Traffic Relief and Better Transportation Act." Thereafter, M/s Murray-Brown, on behalf of Supervisor Kinsey, to adopt amended Resolution No. 2004-74 supporting Measure A - the Marin Traffic Relief and Better Transportation Act - on the November 2, 2004, Ballot. AYES: ALL 12. PRESENTATION BY THE COUNTY ADMINISTRATOR OF THE FY 2003-04 LIVING WAGE ORDINANCE ANNUAL REPORT [Administrator] By letter dated July 27, 2004, County Administrator Mark Riesenfeld submitted his report regarding the above-captioned matter and introduced Administrative Analyst Dan Eilerman, who presented a brief history of the Ordinance and summarized the Annual Report. Supervisor Kinsey noted that there is no provision in the Ordinance for indexing the wage rate to cost of living increases and commented that the Board and staff should examine the possibility of making occasional adjustments to the wage rate to continue to live up to the Ordinance's intent. Thereafter, M/s Adams-Brown, to accept the FY 2003-04 Living Wage Ordinance Annual Report. AYES: ALL 13. REQUEST FROM COUNTY COUNSEL TO ADOPT BALLOT LANGUAGE FOR ELECTION ON ORDINANCE PROHIBITING GROWING OF GENETICALLY MODIFIED ORGANISMS ("GMO") [Elections] By letter dated July 27, 2004, County Counsel Patrick Faulkner submitted his report and recommendations regarding the above-captioned matter. M/s Brown-Adams, to adopt Resolution No. 2004-75 adopting ballot language for the November 2, 2004, General Election on an Initiative Measure entitled "Marin County Ordinance Prohibiting Growing of Genetically Modified Organisms" ("GMO"). In response to a question from Supervisor Adams, Supervisor Kinsey advised that, in order to provide time for additional public education, he intends to agendize an item to consider Board support of the GMO Initiative for a September Board meeting. Supervisor Kinsey also advised that his office is working to provide assistance to create a public forum where different perspectives regarding the Initiative can be presented. Thereafter, the vote on the pending motion was AYES: ALL 14. REQUEST FROM COUNTY COUNSEL TO ADOPT RESOLUTION REDUCING THE RETIREMENT AGE SPECIFIED IN GOVERNMENT CODE SECTION 31672 TO AGE 50 [Retirement] By letter dated July 27, 2004, County Counsel Patrick Faulkner submitted his report and recommendations regarding the above-captioned matter. M/s Murray-Rose, to adopt Resolution No. 2004-76 reducing the retirement age, specified in Government Code Section 31672, to age 50. Supervisor Kinsey commented that a number of "Letters to the Editor" in the Marin Independent Journal have construed the Board's actions to adopt bargaining unit agreements reducing Tier II employees' eligibility for retirement from age 55 to age 50 as being a significant financial giveaway. He noted that an actuarial study by M.R. Mercer Company, as well as examples provided by the Retirement Board Administrator, have illustrated that these actions are actually cost-neutral to the County. Supervisor Kinsey added that he recently reviewed compensation trends in the west over the past year, noting a median 3.4% increase in wage and salary costs in the private sector as opposed to the recent salary increase for County bargaining units approved on July 20, 2004, which was 1.5%. Supervisor Kinsey advised that these examples are important to illustrate that the Board and staff take very seriously their responsibilities to manage County resources. County Administrator Mark Riesenfeld responded to a question from Board members regarding the average retirement benefit received by County employees and noted that surveys show that most other jurisdictions allow their employees to retire at age 50. Retirement Administrator Norman Klein added that it is important to note that County employees are not eligible for Social Security benefits. Thereafter, the vote on the pending motion was AYES: ALL 15. REQUEST FROM THE DIRECTOR OF COUNTY LIBRARY SERVICES TO APPROVE THE MARIN COUNTY FREE LIBRARY'S WIRELESS POLICY [Library] By letter dated July 27, 2004, Director of County Library Services Carol Starr submitted her report and recommendations regarding the above-captioned matter. M/s Brown-Murray, to approve the Marin County Free Library's Wireless Policy. AYES: ALL 16. REQUEST FROM THE HUMAN RESOURCES DEPARTMENT TO APPROVE TENTATIVE AGREEMENTS, EFFECTIVE JULY 1, 2004 [MAPE/Unions] Pursuant to the recommendation of Director of Human Resources Laura Armor in her letters dated July 27, 2004, M/s Murray-Brown, to approve the following tentative agreements, effective July 1, 2004: a. Four-year successor agreement with the Marin County Fire Department Firefighters Association ("MCFDFA"); and b. Four-year successor agreement with the Marin County Fire Operations Battalion Chiefs Association. AYES: ALL 17. APPOINTMENTS a. Assessment Appeals Boards ("AAB") #1 and #2 Scheduled appointments for August 24, 2004, for one term expiration each in AAB #1 (William Haley, incumbent) and AAB #2 (Arthur Friedman, incumbent). b. Parks, Open Space and Cultural Services Commission Scheduled appointments for August 24, 2004, for two At- Large term expirations (Jean Starkweather and Helen Willms, incumbents). Supervisor Rose advised that there is a possibility she will be unable to attend the August 24, 2004, Board meeting. The Board recessed at 11:52 a.m. to meet in closed session. 18. CLOSED SESSION [Board of Supervisors] The Board met at 12:02 p.m. in closed session to discuss: a. Conference with Legal Counsel regarding existing litigation pursuant to California Government Code Section 54956.9(a). Name of case: Bicardo v. County of Marin and Watertrough Seven Limited Partnership v. County of Marin. Marin County Superior Court Case Nos. CV 041019 and CV 040852. b. Conference with legal counsel regarding existing litigation pursuant to California Government Code Section 54956.9(a). Name of Case: Chatoain v. County of Marin, U.S. District Court, Northern District, Case No. C04 02790 BZ. c. Conference with legal counsel regarding anticipated litigation pursuant to California Government Code Section 54956.9(b)(1). Number of Potential Cases: One (1). The Board recessed at 1:34 p.m. and reconvened in open session at 1:42 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. 19. STATUS REPORT BY THE DEPARTMENT OF PUBLIC WORKS ON THE SAN RAFAEL ROCK QUARRY, INC., ADMINISTRATIVE PROCESS TO AMEND THE SURFACE MINING AND QUARRYING PERMIT Q 72-03, APN 184-010-09, -15, -16, AND -52. 1000 POINT SAN PEDRO ROAD, SAN RAFAEL [Board of Supervisors] Chief Deputy County Counsel Jim Flageollet advised that the matter before the Board today is limited to a report on the administrative processes related to amending the San Rafael Rock Quarry's ("SRRQ") Reclamation Plan and the Quarry's Surface Mining and Quarrying Permit No. 72-03 (hereafter, "Permit"). Mr. Flageollet further advised that on August 23, 2004, the Planning Commission will be considering zoning issues related to the existing unpermitted buildings at the San Rafael Rock Quarry. Public Works Director Farhad Mansourian reported on discussions among SRRQ representatives, Supervisor Adams, and staff regarding efforts to develop an administrative process to begin to evaluate the conditions and environmental impacts of existing Quarry operations. Mr. Mansourian commended Mr. Flageollet and Public Works Senior Civil Engineer Eric Steger for their efforts on this matter. Mr. Mansourian gave a status report on the Court order (MCSC Case No. CV 014602) establishing the process by which the County and the SRRQ are to consider amendments to the Quarry's Permit and all operating issues associated with the SRRQ's mining operation. Mr. Mansourian explained the general process of amending the Permit, including opportunities for public input, considerations for the level of environmental review required, timeframes related to preparation of environmental review documents, and Board consideration of environmental findings. Mr. Mansourian reviewed the Quarry's Interim Operating Conditions identified by the Court, pending completion of the administrative process to amend the Permit, including modified operating hours; limits regarding noise emissions, blasting hours and shock wave velocity; and requirements for the Quarry to pay for California Environmental Quality Act ("CEQA") studies, to pay at least $250,000 to fund interim monitoring conditions, and to pay $100,000 value per year in materials to mitigate impacts to Point San Pedro Road. Mr. Mansourian also briefly reviewed the general process related to the development and consideration of the Quarry's Amended Reclamation Plan (again outlining the opportunities for public input) preparation of required environmental review documents, and the Board's consideration of an amended Reclamation Plan. Mr. Mansourian concluded his presentation by summarizing next steps related to the enforcement of the Court order, including identifying staff and expert consultants to continue environmental monitoring activities, steps to monitor and enforce the Interim Operating Conditions, and planned efforts to review and revise the existing County ordinance guiding Quarry operations. The hearing was declared open to receive public comment. The President and several members of the Point San Pedro Road Coalition, the President and a few members of the Marin Bay Park Homeowners Association, and several residents expressed their concerns related to current Quarry operations, the County's commitment and ability to enforce the Interim Operating Conditions, and health and safety impacts related to Quarry operations. Several members of the public questioned the legal status of buildings on the Quarry property; expressed concern regarding the blasting of the Quarry's South Hill and the amount of explosives being used; commented on what they viewed as weaknesses in the Court order, asserting that the Interim Conditions are a little too late; and suggested the Board request staff to expedite resolution of this matter. San Rafael City Manager Rod Gould and several residents thanked the Board, staff, and the SRRQ for agreeing to conduct noticed open public meeting(s) to address operational issues associated with SRRQ's mining operation and to amend the Quarry's Permit, approving Interim Operating Conditions pending completion of the administrative process to amend the Permit, and thanked Supervisor Adams for her commitment to successfully resolve this matter. There being no further comment, the hearing was closed. Mr. Mansourian advised that the reference to "North San Pedro Road" on page 3, number 7, under Interim Operating Conditions, was a typographical error that should be corrected to read "Point San Pedro Road". Mr. Mansourian responded to questions from the public regarding the road impact fee, the $250,000 one-time fund to monitor conditions, and zoning issues related to the existing unpermitted buildings at the Quarry. Mr. Mansourian advised that staff had met with the attorney and several members of the Point San Pedro Coalition regarding the Court order. Mr. Mansourian responded to questions from the Board, stating that staff will be hiring expert consultants to monitor and enforce the Interim Operating Conditions and advised that the SRRQ blasting limits were Court ordered. Mr. Flageollet responded to questions from residents regarding the use of a helicopter by the SRRQ, noting the matter is currently being addressed by the Community Development Agency, Code Enforcement Division. Mr. Flageollet further responded to comments made by the public regarding the "economically viable" language contained in the Court order. Mr. Flageollet advised that the environmental studies to be performed will assess whether or not the operation of the Quarry creates a public nuisance, noting that mining operations can be modified if the environmental studies find that the health and safety of residents is impacted. Supervisor Adams expressed concern regarding the health and safety of the residents living near the Quarry, and noted that the Court order now allows the County to conduct environmental studies as part of an EIR process. Supervisor Adams directed staff to aggressively but thoroughly pursue the Court order, asked that the helicopter operations cease immediately, and thanked staff for the time spent on this matter. Supervisor Rose thanked staff and Supervisor Adams for their efforts and stated that resolution of this ongoing matter has had the Board's full support. Mr. Mansourian responded to a question from a resident regarding the timeframes related to the California Environmental Quality Act ("CEQA") process and stated that the environmental review process has guidelines mandated by the State. In response to a question from Supervisor Adams, Mr. Mansourian stated that staff will begin implementation of the Court order as soon as possible. Supervisor Kinsey stated that staff should begin enforcing the interim conditions and, if need be, return to the Court for direction. The meeting was adjourned at 2:50 p.m. in memory of Thomas Francis Lyons II. SINE DIE ___________________________________ PRESIDENT ATTEST: _______________________________ CLERK Marin County BOS Minutes 7/27/2004