PLEASE NOTE THERE WILL BE NO MEETING OF THE
BOARD OF SUPERVISORS ON AUGUST 22 AND 29, 2006

The meeting was called to order at 9:05 a.m.

Tuesday, August 1, 2006

PLEDGE OF ALLEGIANCE

ROLL CALL – Present: Supervisors Church, Hill, Gordon, Jacobs Gibson and Tissier

Absent: None.

1.

8:15 a.m.

CLOSED SESSION

A)

AFSCME, BCTC, OSS and SEIU Negotiations
County Negotiators: Keith Fleming & Diana Doughtie

B)

Conference with Legal Counsel - Existing Litigation

Ollie Chandler v. County of San Mateo
WCAB No. SF466440-41; SF488019
Settlement in the amount of $40,460

Mary Ganley v. County of San Mateo
WCAB No. SF447908; SF452133
Settlement in the amount of $36,517.50

Hartley v. Canty, et al.
United States District Court Case No. C04-00130 RMW

Norma Macias v. County of San Mateo
WCAB No. SM203706
Settlement in the amount $95,000 and reinstatement of 140 hours of sick leave.

C)

Conference with Legal Counsel - Anticipated Litigation

Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9

Two cases

2.

9:00 a.m.

REGULAR AGENDA (SEE PAGE 3)
CONSENT AGENDA (SEE PAGE 4)
GOVERNING BOARD (SEE PAGE 10)

All items on the consent agenda are approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda. Any item on the regular agenda may be transferred to the consent agenda.

Church/Jacobs Gibson

3.

ORAL COMMUNICATIONS

Speakers recognized by the President:

Frank Fraone, 875 Hillcrest Drive, Redwood City

Scott Morrow, County Health Officer, Health Department

Jan Heinemann, 3639 Oak Knoll Drive, Redwood City 94062

Steve Bryant, 518 Summit Drive, Emerald Hills

Victor Amatucci, 561 Oak Park Way, Redwood City 94062

Michael Mangini, 1702 Cordilleras Road, Emerald Hills 94062

Barbara McGowan, 209 Lakeview Way, Redwood City 94062

Jamie McGowan, 209 Lakeview Way, Redwood City 94062

Tim Farrar, 572 South Oak Park Way, Redwood City/Emerald Hills 94062

John Raleigh, 902 Fallen Leaf Way, Emerald Hills 94062

Kenneth Staats, 550 Hillcrest Way, Emerald Hills 94062

Michael Kovalich, 3093 Oak Knoll, Redwood City 94062

Colleen Garcelon, 767 Lakeview Way, Emerald Hills 94062

Robert Bromel, 209 Lakeview Way, Redwood City 94062

Dan Chaeelear, 1014 Wilmington Way, Redwood City 94062

Paula Z. Brown, 677 Sylvan Way, Emerald Hills 94062

Tom Tornquist, 477 Hillcrest Way, Redwood City 94062

Wynn Gruich, 5072 Amberwood Drive, Fremont 94555

Mel Case, 620 Haudley Trail, Emerald Hills 94062

Michael Francois, 224 Gardenia Way, East Palo Alto 94303

Sallie Martin, 52 W. Summit Drive, Emerald Hills 94062

Dr. Lin Brown, 677 Sylvan Way, Emerald Hills 94062

Marguerite Casey, 620 Handley Trail, Emerald Hills 94062

Nicholas Karvelis, 1817 Cordilleras Road, Emerald Hills 94062

Elizabeth Springs, 25 Don Court, Redwood City 94062

Steve Barnes, 1823 Cordilleras, Redwood City 94062

Lawrence E. Christiansen, 3102 Oak Knoll Drive, Redwood City 94062

Reginald Ford, 610 Oak View Way, Emerald Hills 94062

Harold Shaw, 2824 Brewster Avenue, Emerald Hills 94062

Speakers continued:

Brian Musante, 644 Acneia Lane, Redwood City 94062

Wes Tilton, 5596 Marlin Drive, Discovery Bay 94514

Jeanne Attinson, 631 Sylvan Way, Emerald Hills 94062

Carolyn Chaney, 313 Lakeview Way, Redwood City/Emerald Hills 94062

Laurie Pascval, 3045 Miraloma Way, Union City 94587

William Young, 379 Greendale Way, Emerald Hills 94062

Nancy Mangini, 1702 Cordilleras Road, Emerald Hills 94062

Supervisor Rich Gordon, Board of Supervisors

Lisa Grote, Environmental Services Agency

(See also Governing Board Matters Set for Specified Time, Page 9)

4.

9:00 a.m.

Presentation of a proclamation (2523) designating August 2006 as Child Support Awareness Month (Supervisor Jerry Hill)

Speakers recognized by the President:

Peggy Jensen, Director, Child Support Services

Gordon/Tissier

5.

1:30 p.m.

Presentation of Service Awards (Room 101, 455 County Center, Redwood City) (County Manager)

6.

County Manager’s report:

A)

Resolution (068159) in support of AB 1169 (Torrico), Real property: rentals

B)

Resolution (068160) in support of AB 2004 (Yee), Medi-Cal juvenile incarceration

C)

Resolution (068161) in support of AB 2555 (Oropeza), Wages: gender pay equity

D)

Resolution (068162) in support of AB 2634 (Lieber), Housing elements and with a request to amend the bill to provide local jurisdictions the flexibility either to accept the 50-50% presumption or to determine the ELI share of the very low-income

E)

Resolution (068163) in support of SB 419 (Simitian), Hazardous materials: railroad tank cars

This item was transferred to the Consent Agenda

7.

Board members’ committee reports

8.

Minutes of the meeting of June 6, 20 and 27, 2006

9.

In connection with the County of San Mateo Parks for the Future Sales Tax Measure (4/5^ths vote required): (Supervisors Jerry Hill and Adrienne Tissier)

A)

Adoption of an ordinance (4323) establishing a one-eighth cent sales tax for parks and recreation purposes, subject to a two-thirds vote of the electorate, previously introduced and waiver of reading the ordinance in its entirety

B)

Resolution (068164) placing the ordinance on the November 7, 2006 general election ballot

10.

Resolution (2524) honoring Louis and Bianca Caserza upon their 50^th Wedding Anniversary (Supervisor Adrienne Tissier)

11.

Ratification of a resolution (2525) honoring the Honorable Al Girolami as the First Gentleman of the Order, Sons of Italy in America (Supervisor Jerry Hill)

12.

Resolution (068165) waiving the Request for Proposal process and authorizing an agreement with Johnson Controls Inc. to provide support of the cardkey security system for the term of September 1, 2006 through August 31, 2007, in an amount not to exceed $114,122

13.

Resolution (068166) authorizing an agreement with Geoffrey Rutledge, M.D., Ph.D. for consulting services at the San Mateo Medical Center for the term of August 1, 2006 through June 30, 2007, in an amount not to exceed $200,608

14.

Resolution (068167) authorizing an amendment to the supplemental software and services agreements with Picis, Inc. to install and maintain an Emergency Department Information System, increasing the amount by $52,500 to $652,500

15.

Resolution (068168) authorizing the issuance and sale of Hillsborough City School District Election of 2002, Series B, General Obligation Bonds, in an aggregate principal amount not to exceed $30,000,000 by negotiated sale and authorizing the execution of the necessary documents

16.

Introduction of an ordinance reorganizing Title 2 of the San Mateo County Ordinance Code by repealing Chapters 2.04 through 2.206 and adding Chapters 2.00 through 2.95, and waiver of reading the ordinance in its entirety (4/5^ths vote required)

This item was continued to the meeting of August 16, 2006 for adoption.

This item was added as part of item 16:

Resolution authorizing publication by display advertisement of the ordinance repealing Title 2, Chapters 2.04 through 2.206 of the San Mateo County Ordinance Code and adding Title 2, Chapters 2.00 through 2.95

17.

Resolution (068170) authorizing:

A)

An amendment to the agreement with ATC Holding, Inc. for right of way and power services at the North Peak of Montara Mountain, extending the term through July 31, 2011, and providing the County an option to extend for an additional five years under the same terms and conditions, deleting the mutual termination clause from the agreement, and modifying the base rent to $900 per month effective August 1, 2006

B)

The County Manager or his designee to accept or execute on behalf of the County, any and all notices, options, consents, approvals, terminations and documents in connection with the Amendment and the Agreement

18.

Resolution (068171) authorizing:

A)

An amendment to the lease with Sierra Club to establish a trail hut in conjunction with the County’s trail system for the overnight use of hikers in Sam McDonald County Park, unincorporated San Mateo County and providing the Sierra Club three additional options to extend for an additional ten years under the same terms and conditions

B)

The County Manager or his designee to accept or execute on behalf of the County, any and all notices, options, consents, approvals, terminations and documents in connection with the Amendment and the Lease

19.

Resolution (068172) authorizing:

A)

An amendment to the lease with Ferrando and Franceschini for the Fair Oaks Clinic and Warehouse on Middlefield Road, unincorporated North Fair Oaks area, extending the term through August 14, 2008, and providing the County an option to extend for an additional year under the same terms and conditions

B)

The County Manager or his designee to accept or execute on behalf of the County, any and all notices, options, consents, approvals, terminations and documents in connection with the Amendment and the Lease

20.

Resolution (068173) making the finding to continue and consolidate three declarations of local states of emergencies caused by the:

A)

2004-05 winter storms that caused additional damage to the 1998 slide area and subsequent declaration

B)

December 31, 2005 storm and subsequent declaration

C)

March 27, 2006 storm and subsequent declaration

21.

Resolution (068174) authorizing the District Attorney to:

A)

Submit a grant application to the California Office of Emergency Services for the Special Emphasis Program for FY 2006-07, in the amount of $110,000

B)

Execute the Grant Award Agreement to receive such funds

22.

Resolution (0638175) authorizing the District Attorney to:

A)

Submit a grant application to the California Office of Emergency Services for the Victim/ Witness Assistance Program for FY 2006-07, in the amount of $376,302

B)

Execute the Grant Award Agreement to receive such funds

23.

Resolution (068176) authorizing the District Attorney to:

A)

Submit a grant application to the California Department of Insurance for the Automobile Insurance Fraud Program for FY 2006-07, in the amount of $298,987, no Net County Cost

B)

Execute the Grant Award Agreement to receive such funds

24.

Resolution (068177) authorizing the District Attorney to:

A)

Submit a grant application to the California Department of Justice for the Spousal Abuser Prosecution Program for FY 2006-07, in the amount of $114,040, $86,792 Net County Cost

B)

Execute the Grant Award Agreement to receive such funds

25.

Report recommending denial of the following claims:

Claims (Non-Culpable)

Santiago Alban

Darryl Lee Goldstein

Aubrey Lee Brothers

Placer County Sheriff’s Department

Application for leave to present a late claim (No statutory basis for excuse)

Stephen S. Picone

26.

Introduction of an ordinance amending the salary ordinance and accepting the report on the total number of positions in the County, and waiver of reading the ordinance in its entirety

This item was continued to the meeting of August 15, 2006 for adoption.

27.

Resolution (068178) authorizing an agreement with the California Department of Food and Agriculture for High Risk Pest Exclusion inspection services to prevent the introduction of economically important plant pests and diseases for FY 2006-07, in an amount not to exceed $281,323, no Net County Cost

28.

Resolution (068179):

A)

Approving acceptance of a grant award from the California Department of Fish and Game Fishery Restoration Grants Program for the Barrier Removal Project at Memorial County Park, in the amount of $275,024

B)

Authorizing the Director of Parks and Recreation to execute and submit all grant documents

29.

Resolution (068180) authorizing the Director of the Environmental Services Agency to accept a State Department of Fish and Game Habitat Conservation Planning Grant for the preparation of an amendment to the San Bruno Mountain Habitat Conservation Plan, in the amount of $94,991

This item was transferred to the regular agenda.

30.

Resolution (068181) waiving the Request for Proposal process and authorizing the Director of the Environmental Services Agency to execute an agreement with Jones & Stokes for the preparation of the EIR/EIS for an amendment to the San Bruno Mountain Habitat Conservation Plan, in the amount of $177,278

This item was transferred to the regular agenda.

31.

Resolution (068182) waiving the Request for Proposal process and authorizing the Director of the Environmental Services Agency to execute an agreement with Thomas Reid Associates for the preparation of an amendment to the San Bruno Mountain Habitat Conservation Plan, in the amount of $171,256

This item was transferred to the regular agenda.

Speakers recognized by the Speaker:

Philip Batchelder, P.O. Box 53, Brisbane 94005

Jacobs Gibson/Tissier

32.

Resolution (068183) authorizing an agreement with the State Department of Mental Health for the purchase of services at State Hospitals for FY 2005-06, in an amount not to exceed $925,334, no Net County Cost

33.

Resolution (068184) authorizing:

A)

An agreement with Mental Health Association of Alameda County for the provision of patients’ rights services for FYs 2006-09, in an amount not to exceed $581,855, no Net County Cost

B)

The Director of the Health Department to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

34.

Resolution (068185) authorizing:

A)

A loan agreement with Peninsula Habitat for Humanity to assist with the development of affordable housing in the City of South San Francisco for the term of July 1, 2006 through December 31, 2008, in an amount not to exceed $250,000, no Net County Cost

B)

The Director of the Department of Housing to execute subsequent amendments and minor modification, in an amount not to exceed $25,000

35.

Resolution (068186):

A)

Waiving the Request for Proposal process and authorizing an agreement with Shelter Network to provide the Motel Voucher Program and the Transitional Housing for Families with Special Needs Program for FY 2006-07, in an amount not to exceed $478,603, $181,707 Net County Cost

B)

Authorizing the Director of the Human Services Agency to execute subsequent amendments and minor modification, in an amount not to exceed $25,000

36.

Resolution (068187):

A)

Waiving the Request for Proposal process and authorizing an agreement with Asian American Recovery Services, Daytop Village, Inc., El Centro de Libertad, Free At Last, Horizon Services, Inc., Project Ninety, Inc., Pyramid Alternatives, Service League of San Mateo County, Sitike Counseling Center, The Latino Commission, Youth and Family Enrichment Services and Women’s Recovery Association for alcohol and drug treatment and prevention services for FY 2006-07, in the total amount of $6,054,454, no Net County Cost

B)

Authorizing the Director of the Human Services Agency to execute subsequent amendments and minor modification, in an amount not to exceed $25,000

37.

Resolution (068188) authorizing an amendment to the agreement with the Redwood City School District for reimbursement of partial salary and benefits for one Psychiatric Social Worker out posted at Hoover and Fair Oaks Preschools, in the amount of $100,118

38.

Resolution (068189) authorizing an amendment to the agreement with Garfield Elementary Charter School to reimburse the County for one half of the salaries and benefits for staff out posted at the Family Resource Center for FY 2006-07, increasing the amount by $54,371 to $106,651

39.

A)

Resolution (068190) designating a one-hour parking zone on the easterly side of Middlefield Road between Hurlingame and Mac Arthur Avenues, North Fair Oaks area

B)

Resolution (068191) designating a single parking space twenty-minute parking zone on the northerly side of 4^th Avenue, North Fair Oaks area

C)

Resolution (068192) designating a short no parking zone on Warrington Avenue, North Fair Oaks area

40.

Resolutions authorizing the Director of Public Works to install speed control devices on the following listed roads, once the administrative fees have been paid as required by the Residential Speed Control Device Program dated April 11, 2005:

A)

Three speed humps and two speed dips on Alta Vista Drive between Dorado Way and Alida Way, County Club Park area near South San Francisco

B)

(068193) Three speed humps on Sequoia Avenue between Hull Avenue and West Selby Lane, Sequoia Tract area near Redwood City

Item A was transferred to the Regular Agenda and continued to the meeting of October 17, 2006. Item B was adopted.

Speakers recognized by the President:

Neil Cullen, Director, Public Works

Supervisor Adrienne Tissier, Board of Supervisors

Lt. Linda Franklin, California Highway Patrol

Lt. Ken Jones, San Mateo Sheriff’s Office

Larry Coleman, 402 Northwood Drive, South San Francisco 94080

Richard Pera, 226 Alta Vista Drive, South San Francisco 94080

Sgt. Paul Ritter, South San Francisco Police Department 94080

Ray Razavi, 315 Maple Avenue, South San Francisco 94080

Hill/Church

41.

Resolution authorizing an agreement with Barry Rosen, MD to provide pain management services for the term of August 1, 2006 through July 31, 2007, in an amount not to exceed $240,000

This item was continued to the August 15, 2006 meeting.

42.

Resolution (068194) authorizing an amendment to the agreement with Associated Medical Specialists to provide internal medicine services, increasing the amount by $185,910 to $11,669,424

43.

Resolution (068195):

A)

Implementing an average increase to ancillary service fee structures, by selected line item of 39% Laboratory, 39% Pharmacy, 20% Rehabilitation, 21% Clinic procedure, 12% Radiology and 62% Emergency room technical (non-physician) services

B)

Delegating the following to the Chief Executive Officer of San Mateo Medical Center authority to:

1)

Implement the FY 2006-07 rate increase

2)

Adjust/add/delete rates within the Medical Center’s rate structure, but only as dictated by federal and state regulation changes or requirements, with the stipulation that any future adjustment to FY 2006-07 rates, not withstanding federal or state regulation changes or requirements, greater than 15% requires prior Board approval

3)

Negotiate discounts with non-federal, non-state, non-contracted third party health care insurance carriers and self pay individuals

44.

Resolution (068196) authorizing an amendment to the agreement with the City and County of San Francisco for the allocation of FY 2005 Urban Area Security Initiative grant program funding, increasing the distribution amount by $402,200 to $1,152,200

45.

9:00 a.m.

Acting as the Governing Board of the following Sewer Maintenance/Sanitation Districts, Burlingame Hills, Edgewood, Emerald Lake Heights, Fair Oaks, Harbor Industrial, Kensington Square, Oak Knoll, Crystal Springs, Devonshire County and Scenic Heights County:

A)

Hold a public hearing to consider all comments, objections and written protests to the sewer service charges that are based on the increased sewer service charge rates previously approved

B)

After considering all written and oral comments, close the public hearing and determine if there is a majority protest in writing to the proposed sewer service charges in any of the Districts governed by the Board

C)

If there is a majority protest in writing in any of the Districts:

1)

Terminate consideration of imposing the proposed sewer service charges in said District(s)

2)

Adopt a resolution (068197) approving sewer service charges for said District(s) based on the sewer service charge rate previously in affect

3)

Direct staff to recalculate the Sewer Service Charges Report based on the FY 2005-06 sewer service rates for said District(s)

4)

Direct staff to file a copy of the Sewer Service Charges Report with the Controller

5)

Direct staff to prioritize expenditures in said District(s) to:

a)

Meet the contractual commitments of said District(s) for the transport/treatment and for downstream capital improvement projects associated with the transport and treatment of sewage collected by said District(s)

b)

Provide “on-call” responses to clear mainline blockages that may occur after normal business hours in said District(s)

c)

Provide responses to clear mainline blockages that may occur during regular business hours

d)

Complete the preparation of the Sanitary Sewer Management Plan as required by the State

6)

Direct staff to report back to the Board on options to either dissolve said District(s), annex areas to the adjoining cities or transfer ownership of said District(s) to a State Public Utilities Commission regulated company

Church/Gordon

D)

Adopt a resolution adopting the 2006-07 Sewer Service Charges Report based on the currently adopted sewer service charge rates for the Districts where there is not a majority protest

Speakers recognized by the President:

Neil Cullen, Director, Public Works

Supervisor Mark Church, Board of Supervisors

Supervisor Adrienne Tissier, Board of Supervisors

Tom Casey, County Counsel

Crystal Springs District rates remained at the 2005-06 level. The base rate for the following districts are: Burlingame Hills SMD ($812), Crystal Springs SMD ($496), Devonshire CSD ($474), Edgewood SMD ($655), Emerald Lake SMD – Zone 1 ($428), Fair Oaks SMD ($267), Harbor Industrial SMD ($268), Kensington Square SMD ($373), Oak Knoll SMD ($412) and Scenic Heights CSD ($387). The Board asked Public Works to work with various homeowner associations to provide them with information so that sewer service charges can be reviewed again next year.

The meeting adjourned at 1:00 p.m. in memory of Betty Borjass, Sister Diane Grassilli and Nick Tomasito Birco to reconvene on Tuesday, August 15, 2006 at 8:15 a.m. in Closed Session - Litigation and Personnel Matters, and thereafter for the regularly scheduled Board meeting.