DRAFT REGULAR MEETING OF THE MARIN COUNTY BOARD OF SUPERVISORS HELD TUESDAY, MAY 10, 2005, AT 4:36 P.M. PRESENT: SUPERVISORS Charles McGlashan, Susan L. Adams, Steve Kinsey, Cynthia L. Murray, Harold C. Brown, Jr., President 1. CLOSED SESSION The Board met in closed session at 4:37 p.m. to discuss the following: a. Conference with legal counsel regarding anticipated litigation pursuant to California Government Code Section 54956.9(c). Number of Potential Cases: One (1). b. 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, Inc. Marin County Superior Court, Case No. CV 014602. c. Conference with legal counsel regarding existing litigation pursuant to California Government Code Section 54956.9(a). Name of case: Martinelli v. Johnson, et al. Marin County Superior Court, Case No. CV 173993. d. Instructions to labor negotiator (Deputy Director of Human Resources) regarding negotiations with all bargaining units pursuant to Government Code Section 54957.6. The Board recessed at 6:43 p.m. and reconvened in open session at 6:54 p.m. Supervisor Kinsey was absent. 2. ANNOUNCEMENT FROM CLOSED SESSION the President reported that the Board met in closed session and advised that there was no announcement at this time. 3. APPROVAL OF MINUTES M/s McGlashan-Adams, to approve the minutes of the meetings of April 12, 19 and 26, 2005, as circulated. AYES: SUPERVISORS McGlashan, Adams, Murray, Brown ABSENT: SUPERVISOR Kinsey 4. BOARD OF SUPERVISORS' MATTERS (Supervisor Kinsey present at 6:55 p.m.) Appreciation for Support Supervisor Adams expressed her appreciation to her colleagues and staff for their kindness and support following the death of her grandmother. In Memoriam Supervisor Adams requested to adjourn the meeting in memory of Don File. M/s Supervisor Adams - Supervisor McGlashan to determine that the need to take action arose subsequent to the agenda being posted and to adjourn in memory of Don File, a Lucas Valley resident. AYES: ALL In Memoriam Supervisor McGlashan requested to adjourn the meeting in memory of Laura Farrow and Willy Harris. M/s Supervisor McGlashan - Supervisor Murray to determine that the need to take action arose subsequent to the agenda being posted and to adjourn in memory of Laura Farrow, a Mill Valley resident, and Willy Harris of Marin City. AYES: ALL National Mock Trial Champions Supervisor McGlashan offered his congratulations to the Tamalpais High School mock trial team for winning the national championship in Charlotte, N.C. 5. ADMINISTRATOR'S REPORT The Administrator had nothing to report. 6. OPEN TIME "Day of the Teacher" On behalf of the Marin Retired Teachers' Association, Margaret Zegart advised that May 11, 2005, is being recognized in California as the "Day of the Teacher". 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. Board of Supervisors: Supervisor Brown and McGlashan requesting to adopt Resolution No. 2005-50 expressing support for SB1 regarding the Million Solar Roofs Initiative. CA-2. Cultural Services: Authorize President to execute agreement with Huey Lewis and The News, for a performance at the Marin County Fair on Thursday, June 30, 2005. CA-3. Health and Human Services: NOTE: Agreement in item CA-3b is a renewal of an existing agreement that was included in and funded in the FY 2004- 05 budget. a. Authorize President to execute Second Amendment to the agreement with Santa Clara County, increasing the original contract by $75,000 for a total contract amount not to exceed $225,000, to provide mental health services at the Santa Clara County Jail and the Psychiatric Inpatient Unit for Marin County Community Health Services clients within the criminal justice system. b. Authorize President to execute the following FY 2004-05 agreements, related to the provision of HIV prevention and education services: (1) Marin AIDS Project, $109,117; and (2) Marin Treatment Center, $15,946. CA-4 Public Works: Request to award contract to low bidder, W.R. Forde Associates of Richmond, CA, for a total amount of $335,267 for the Throckmorton Ridge Fire Station sewer extension. (Project No. C282-SEWER). 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. Library: Request from the Director of County Library Services to (1) accept a First 5 Children and Families Commission Grant Augmentation, in the amount of $21,250, to improve and expand literacy services; and (2) make related budget adjustments as detailed in staff report dated May 10, 2005. (4/5 vote) AYES: ALL 9. REQUEST FROM THE DIRECTOR OF HEALTH AND HUMAN SERVICES TO ADOPT RESOLUTION SUPPORTING SB 148 (SCOTT) REGARDING LIQUOR STORE ORDINANCES By letter dated May 10, 2005, Health and Human Services Director Dr. Larry Meredith submitted his report and recommendations regarding the above-captioned matter. M/s Supervisor Adams - Supervisor Kinsey to adopt Resolution No. 2005-53 supporting SB 148 (Scott) regarding liquor store ordinances. AYES: ALL 10. REQUEST FROM THE COUNTY ADMINISTRATOR TO ADOPT RESOLUTIONS RELATED TO THE RENAMING OF THE STREETLIGHT JOINT POWERS AUTHORITY ("JPA") TO THE GENERAL SERVICES JPA, INCLUDING THE TRANSFER OF ASSETS OF THE STREETLIGHT JPA TO THE GENERAL SERVICES JPA By letter dated May 10, 2005, County Administrator Mark Riesenfeld submitted his report and recommendations regarding the above-captioned matter. M/s Supervisor Kinsey - Supervisor McGlashan to adopt the following resolutions: (a) Resolution No. 2005-54 authorizing the President to sign the Joint Exercise of Powers Agreement establishing the Marin General Services JPA; and (b) Resolution No. 2005-55 authorizing the termination of the Marin Streetlight Acquisition JPA and transferring its assets to the Marin General Services Authority. Supervisor Adams commended the Joint Services Authority Oversight Committee and her Administrative Aide Rick Fraites for their efforts in developing the policy recommendations. Supervisor Adams briefly summarized key concerns for the Oversight Committee in the areas of powers and duties of the agency and commented on the quality of the final document. AYES: ALL 11. FIRST READING: ORDINANCE AMENDING SECTIONS 2.99.020 AND 2.99.025 OF THE MARIN COUNTY CODE PERTAINING TO DISASTER COUNCIL MEMBERSHIP, DUTIES AND SCOPE By letter dated May 10, 2005, Sheriff Robert Doyle submitted his report and recommendations regarding the above-captioned matter. M/s Supervisor Adams - Supervisor Murray to waive reading of the proposed ordinance and request the clerk to read by title only. The clerk read the title of the proposed ordinance and the merit hearing was set for May 17, 2005, at 10:30 a.m. Superivsor Adams acknowledged Supervisor Murray as Chair of the Disaster Council and other staff for their efforts in the development of this ordinance, relayed comments made by the Marin Community Clinic Executive Director regarding assisting community partners with disaster preparedness planning and commented on the organization of the Citizen Corps Council. AYES: ALL CONSENT AGENDA CA-1 (CONTINUED) Supervisor Murray briefly commented on Agenda Item CA-1, a resolution expressing the Board's support for SB 1 regarding the Million Solar Roofs Initiative, suggesting that staff explore ways to develop incentives to encourage members of the public to implement solar roof solutions. (Supervisor Kinsey absent at 7:09 p.m.) 12. APPOINTMENTS a. Children and Families Commission Scheduled appointments for June 7, 2005, for two term expirations as follows: One representing the Marin Partnership for Families and Children (Rosario Carr-Casanova, incumbent) and one representing the Pediatric Community (Alicia Suski, incumbent). b. Strawberry Recreation District Board of Directors One vacancy to be appointed by the Board of Supervisors pursuant to California Elections Code Section 10515(b). An application has been received from Barbara Wambach and a letter dated April 21, 2005, has been received from the District Manager of the Strawberry Recreation District, on behalf of the District's Board of Directors, recommending her appointment. M/s Supervisor McGlashan - Supervisor Murray to appoint Barbara Wambach to the Strawberry Recreation District Board of Directors. AYES: SUPERVISORS McGlashan, Adams, Murray, Brown ABSENT: SUPERVISOR Kinsey (Supervisor Kinsey present at 7:10 p.m.) 14. PRESENTATION BY ASSEMBLYMEMBER JOE NATION ON PROPOSED COMPREHENSIVE HEALTHCARE REFORM Assemblyman Joe Nation addressed the Board briefly summarizing the components of the health care package, comprised of six bills, that he and his colleague Assemblyman Keith Richman introduced pertaining to healthcare reform. Mr. Nation commented on the state-wide workshops held to explore the issues involved, commented on the national and state political climates impacting healthcare reform, commented on the goals of their healthcare reform package and briefly outlined how their proposals address issues of improving access and quality and of controlling costs. (Supervisor Brown absent at 8:03 p.m.) Assemblyman Nation responded to a series of questions asked by Supervisor Adams regarding the Nation/Richman healthcare reform package pertaining to healthcare access, provider participation, how the proposals address pre-existing conditions, issues regarding implementing electronic medical records and the cost and availability of medications. (Supervisor Brown present at 8:17 p.m.) Supervisor McGlashan thanked Mr. Nation for his presentation, expressed support for his proposal regarding advance directives and terminal illness decisions and suggested that the State legislature direct a thorough analysis of single payer healthcare. The President provided an opportunity for the public to comment on this issue. A member of the Fairfax Town Council, the President of the Coastal Health Alliance, the President of the Board of Directors of the Community Church in Mill Valley, two physicians, two nurses, and three county residents addressed the Board expressing their support for a single payer healthcare system. The speakers commented generally on the problems with the current healthcare system and the need for comprehensive coverage; emphasized the employer and employee costs and the administrative costs of the current system; shared their personal experiences and struggles with the current healthcare system; asserted the Nation/Richman proposals are inadequate to deal with the current systematic healthcare problems; commented on the experience of other industrialized nations with national healthcare; expressed support for universal, single payer coverage; emphasized the amount of study and analysis already conducted on national healthcare reform proposals; asserted that healthcare is a right not a privilege; expressed concern regarding healthcare access and stated that California needs to lead the way with a single payer system. The Director of Healthcare for All of Marin echoed comments expressed by previous speakers and requested those present who support SB 840 (Kuehl), legislation which proposes a single payer healthcare system, to stand. A majority of those present stood to show their support for SB 840. Pharmacist Fred Mayer distributed a letter on behalf of the Marin County Pharmaceutical Association outlining the concerns of the the Association with the Nation/Richman proposals. A couple of speakers expressed appreciation for Mr. Nation addressing the Board on this issue and thanked him for his efforts regarding the advance directive proposal. There being no one else present to speak, the public comment period was closed. Supervisor Adams emphasized the level of support for single payer healthcare expressed by the speakers and encouraged Assemblyman Nation to consider supporting Senator Kuehl's bill. Assemblyman Nation expressed his belief that health care is a right and briefly responded to statements made by the speakers, commenting on the cost of the Kuehl bill and the necessity for healthcare reform proposals to gain Republican support; and emphasized the objectives of health care reform to contain costs and ensure that everyone has a basic level of quality health care. 15. SUPERVISOR MCGLASHAN REQUESTING RESOLUTION URGING THE PRESIDENT OF THE UNITED STATAES TO IMMEDIATELY PLAN FOR THE WITHDRAWAL OF UNITED STATES ARMED FORCES FROM IRAQ Board members individually offered their comments with respect to the proposed resolution. Supervisor Adams expressed her support for many of the points made in the resolution, shared comments regarding the current Iraq situation from a family member serving in the military, agreed that she would like to send a message to support Congresswoman Woolsey's efforts and offered suggested modifications to the proposed resolution. Supervisor Murray expressed her opposition to the war, commented on the climate of fear and misinformation that lead up to the Iraq war, expressed her discomfort for the Board addressing foreign policy issues, and identified her concerns with the proposed resolution, including the lack of a statement of support for the troops. Supervisor Murray concluded her comments suggesting modifications to the proposed resolution. Supervisor Kinsey expressed appreciation for the opportunity to have this discussion and for Congresswoman Woolsey's efforts, and briefly commented on the costs of war and the impacts on our Nation. Supervisor Kinsey expressed support for the changes proposed by Supervisor Adams and for a strong declaration of a plan for a withdrawal, suggesting that it be left to Congress, working with the Administration, to develop the strategic plan for the withdrawal. Supervisor Brown thanked Supervisor McGlashan for bringing this issue to the Board, commented on the economic arguments made regarding the local impacts of the war, expressed support for Supervisor Adams' suggested modifications to the resolution, and thanked the community for their involvement. Supervisor McGlashan stated that he was specifically asked by Congresswoman Woolsey for the Board's statement of support and offered additional comments regarding the intention of the proposed resolution to develop a plan for immediate withdrawal. Supervisor McGlasahan responded to comments made by his colleagues, concuring with some of the suggested wording changes to the resolution and offering his reasoning for supporting some of the language as currently proposed, specifically urging his colleagues to support the proposed language retaining references to the Arab League and language pertaining to an immediate withdrawal of forces. Discussion continued among Board members regarding the wording of the resolution. Supervisor McGlashan made a motion incorporating some of the suggested changes offered by Supervisor Adams, with the exception of consenting to deleting references to the Arab League and references to immediate withdrawal. Board members discussed their positions relative to including language for an "immediate withdrawal" of forces. In response to comments from Supervisor Adams, Supervisor Murray offered modifications to the proposed resolution to include language expressing support of the U.S. troops and stating that the U.S. has no claims on the terrority or resources of Iraq and intends to withdraw. Supervisor McGlashan accepted these two proposed additions to the resolution. After further discussion among Board members regarding the inclusion of wording for an "immediate withdrawal", Supervisor McGlashan restated his motion to adopt the resolution as proposed, accepting word changes proposed by Supervisor Adams, with the exception of her recommendation to delete references to the Arab League and her suggested modifications of the plan for withdrawal; accepting the two modifications offered by Supervisor Murray expressing support for the troops and stating that the U.S. has no claims on the Iraq terrority; and keeping the language as originally proposed, for an immediate withdrawal. The motion failed for a lack of a second. Supervisor Adams offered a substitute motion, incorporating the modifications included in Supervisor McGlashan's restated motion, with the exception of wording pertaining to an immediate withdrawal, offering substitute language as follows: ...should immediately develop and implement a plan for the withdrawal of the United States Armed Forces." M/s Supervisor Adams - Supervisor Murray to adopt Resolution No. 2005-51, as modified, an advisory resolution of the Board of Supervisors of Marin County to the President of the United States requesting a Plan for Withdrawal of the United States Armed Forces From Iraq. AYES: ALL The meeting was adjourned at 10:10 p.m. in memory of Don File, Laura Farrow and Willy Harris. SINE DIE ___________________________________ PRESIDENT ATTEST: _______________________________ CLERK Marin County BOS Minutes 5/10/2005