PLEASE NOTE THERE WILL BE NO MEETING OF THE
BOARD OF SUPERVISORS ON OCTOBER 31, 2006

The meeting was called to order at 9:06 a.m.

 

Tuesday, October 17, 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: Diana Doughtie and Keith Fleming

B)

Conference with Legal Counsel – Existing Litigation

 

Anderson, Constance v. Housing Authority et al.

 

United States District Court Case No. C05-01967

   
 

Stephen Townsend v. County of San Mateo et al.

 

San Mateo County Superior Court Case No. 444809

   
 

Christopher Ybona v. DeGuzman, et al.

 

San Mateo County Superior Court Case No. 444928

C)

Conference with Legal Counsel – Anticipated Litigation

 

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

   
 

No report.

 

2.

9:00 a.m.

REGULAR AGENDA (SEE PAGE 7)
CONSENT AGENDA
(SEE PAGE 7)
GOVERNING BOARD
(SEE PAGE 11)

 

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agenda are approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda.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 - No speakers.

MATTERS SET FOR SPECIFIED TIME

 

4.

9:00 a.m.

Final report of the Linguistic Access Study (Jointly with Supervisor Rose Jacobs Gibson and the Health Department)

     
   

Speakers recognized by the President:

   

Srija Srinivasan, San Mateo Medical Center

   

Drew Donovan, Walgreens

     
   

Jacobs Gibson/Tisser

     

5.

9:15 a.m.

Presentation of a proclamation (2544) designating October 2006 as Domestic Violence Awareness Month (Supervisor Mark Church)

     
   

Speakers recognized by the President:

   

Melissa Lucan, Domestic Violence Council

     
   

Church/Jacobs Gibson

   

6.

9:15 a.m.

Presentation of a resolution (2545) honoring Officer Rhonda Leipelt as the recipient of the Barbara Hammerman Domestic Violence Law Enforcement Award for her service to victims of domestic violence (Supervisor Mark Church)

     
   

Speakers recognized by the President:

   

Chief Susan Manheimer, San Mateo Police Department

   

Rhonda Leipelt, Redwood City Police Department

     
   

Church/Jacobs Gibson

     

7.

9:30 a.m.

Presentation of a proclamation (2546) designating October 16 through 21, 2006 as San Mateo County Heart Gallery Week (Supervisor Jerry Hill)

     
   

Speakers recognized by the President:

   

Sue Ferren

     
   

Hill/Jacobs Gibson

8.

10:00 a.m.

In connection with the Healthier Outcomes Through Multi-disciplinary Engagement (HOME) Team: (Jointly with the Health Department, Human Services Agency and San Mateo Medical Center)

     
   

A)

Introduction of an ordinance amending the salary ordinance adding four positions to support the implementation of the HOME Team, and waiver of reading the ordinance in its entirety

       
     

This item was continued to the meeting of October 24, 2006 for adoption.

   

B)

Resolution (068333) authorizing a transfer in the amount of $226,900 from Other Foundation Grants, Other Intrafund Transfers and Realignment Sales Tax-Public Assistance to Permanent Positions and FICA (4/5ths vote required)

       
   

C)

Resolution (068334) authorizing a grant agreement with Peninsula Community Foundation for the term of December 1, 2006 through November 30, 2007, in an amount not to exceed $100,000, no Net County Cost

       
   

Speakers recognized by the President:

   

Charlene Silva, Health Department

   

Pat Bresee, Peninsula Community Foundation

   

Frank Lalle, Peninsula Community Foundation

     
   

Gordon/Tissier

     

9.

10:30 a.m.

Presentation of a proclamation (2547) designating October 2006 as Disabilities Awareness Month (Supervisor Jerry Hill)

     
   

Speakers recognized by the President:

   

Robert Manchia, Commission on Disabilities

     
   

Church/Jacobs Gibson

     

10.

10:30 a.m.

Presentation of a proclamation (2548) designating October 2006 as Voter Education and Participation Month (Supervisor Jerry Hill)

     
   

Speakers recognized by the President:

   

Warren Slocum, Assessor-Clerk County-Recorder

     
   

Jacobs Gibson/Gordon

     

11.

10:45 a.m.

Presentation of the Superintendent of the Year Award to Tsutomu Imamura by the San Francisco Bay Area Chapter of the Maintenance Superintendents Association (Public Works)

     
   

Speakers recognized by the President:

   

Neil Cullen, Director, Public Works

     

12.

11:00 a.m.

Hearing to consider a set of Local Coastal Program (LCP) amendments, zoning regulation amendments and County policy changes resulting from the Midcoast LCP Update Project: (Environmental Services Agency)

   

A)

Report and recommendations

   

B)

Close Hearing – Gordon/Tissier

   

C)

Resolutions:

   

a)

Amending the San Mateo County General Plan/Local Coastal Program and enacting County policy resulting from the Midcoast LCP Update Project

   

b)

Amending the San Mateo County General Plan/Local Coastal Program to prohibit certain incompatible land uses in the Midcoast project area designated as Agriculture

   

D)

Adoption of the following ordinances, and waiver of reading the ordinances in their entirety:

   

a)

Amending Chapter 20, “S-17” District to revise Section 6300.2.5 to grant bonus floor area for substandard lot affordable housing development or voluntary lot merger, adding sections 6300.2.7 to establish impervious surface limit criteria and 6300.2.11 to establish winter grading criteria

   

b)

Amending Chapter 20, “S-94” District to revise Section 6300.9.11.60 to grant bonus floor area for substandard lot affordable housing development or voluntary lot merger, adding sections 6300.9.11.70 to establish impervious surface limit criteria and 6300.9.110 to establish winter grading criteria

   

c)

Amending Chapter 20, “S-105” District to revise Section 6300.14.50 to grant bonus floor area for substandard lot affordable housing development or voluntary lot merger, adding sections 6300.14.60 to establish impervious surface limit criteria and 6300.14.100 to establish winter grading criteria

   

d)

Amending Chapter 15, Neighborhood Commercial (C-1) District to revise Section 6251 to restrict residential uses to above the ground floor in the Midcoast LCP Update Project area, adding sections 6253 to enact an impervious surface limit for the project area, 6254 to enact winter grading criteria for the project area and an appendix showing the project area map

   

e)

Amending Chapter 20, Section 6300, S District Regulations to revise Section 6300 to change the height and front setback limits of buildings on parcels zoned C-1/S-3 in the Midcoast LCP Update Project area and adding an appendix showing the project area map

   

f)

Amending Chapter 16.5, Coastside Commercial Recreation District, adding sections 6269.6 to enact an impervious surface limit and 6270.7 to enact winter grading criteria

   

g)

Amending Chapter 18.5, Waterfront District, adding sections 6288.0.4 to enact an impervious surface limit and 6289.1.5 to enact winter grading criteria and revising Section 6289.2 to increase the number of caretaker’s quarters permitted and enact a minimum parcel area for caretaker’s quarters

   

h)

Amending Chapter 17, Light Industrial (M-1) District, adding sections 6276 to enact an impervious surface limit for the Midcoast Update Project area and 6277 to enact winter grading criteria for the project area, and an appendix showing the project area map

   

i)

Adding Chapter 12.6, sections 6229.0 through 6229.4 which enacts El Granada Gateway “EG” Zoning District Regulations

   

j)

Amending Section 6115 Zoning Maps to rezone parcels at the Burnham Strip in El Granada from “COSC/DR” to “EG/DR”

   

k)

Amending Chapter 36, Resource Management-Coastal Zone (RM-CZ) District to revise Section 6906A to lower the height limit for residential buildings in the project area, adding sections 6908C to enact a maximum floor area limit for residential buildings and grant bonus floor area for voluntary lot merger in the project area, 6908D to enact an impervious surface limit for the project area and 6908E to establish winter grading criteria for the project area, and an appendix showing the project area map

   

l)

Amending Chapter 21A, Planned Agricultural (PAD) District to revise Section 6358 to lower the height limit for residential buildings in the project area, adding sections 6360 to enact a maximum floor area limit for residential buildings in the project area, 6361 to enact an impervious surface limit for the project area and 6362 to enact winter grading criteria for the project area, and adding an appendix showing the project area map

   

m)

Amending Section 6115, Zoning Maps to rezone land near Montara from “RM-CZ” to “RM-CZ/DR” and from “PAD” to “PAD/DR”

   

n)

Amending Chapter 28.1, Design Review (DR) District, revising Section 6565.1.A and adding Section 6565.1.B to require design review for only residential development on parcels zoned PAD and RM-CZ in the project area, revising Section 6565.7 to require a Design Review Committee review of residential development in the project area, and adding sections 6565.20(I) to include the Midcoast Design Review Glossary and 6565.75 showing the project area map

   

o)

Amending Chapter 8, Grading Regulations, revising Section 8605.6 to include winter grading criteria for the project area and adding an appendix showing the project area map

   

p)

Amending Chapter 3, Parking, revising Section 6119 to grant a reduction in the number of parking spaces required for affordable housing development or voluntary lot merger in the Midcoast and adding an appendix showing the project area map

   

q)

Amending Chapter 36, Resource Management-Coastal Zone (RM-CZ) District, revising Section 6905 and adding Section 6905.5 to prohibit incompatible uses in the project area and an appendix showing the project area map

   

r)

Amending Chapter 21A, Planned Agricultural (PAD) District, revising Section 6353 and adding Section 6353.5 to prohibit incompatible uses in the project area and an appendix showing the project area map

       
   

Speakers recognized by the President:

   

Lisa Grote, Planning Department

   

George Bergman, Planning Department

   

Tom Casey, County Counsel

   

Nancy Oliver, 147 Belvedere Avenue, San Carlos 94070

   

Stephan Lowens, 1233 Cedar Street, Montara 94037

   

Lisa Molina, 506 Silver Avenue, Half Moon Bay 94019

   

Allie Molina, 506 Silver Avenue, Half Moon Bay 94019

   

Aladina Myers, 820 Correas Street, Half Moon Bay 94019

   

Nina Pellegrini, 1430 Audubon Avenue, Montara 94037

   

Chris Kern, 45 Fremont Street, San Francisco 94105

   

Kimberly Brennan, 1333 Jones Street, San Francisco

   

Speakers recognized by the President: (continued)

   

Michelle Marconi, 419 Filbert Street, Half Moon Bay 94109

   

Terri Carol, 419 Filbert Street, Half Moon Bay 94019

   

Gregory Off, 1333 Jones Street #307, San Francisco 94109

   

Lee Engdahl, 675 Lancaster Blvd., Moss Beach 94038

   

April Vargas, P.O. Box 370265, Montara 94037

   

Leni Schultz, 111 Balbor, P.O. Box 85, El Granada 94018

   

Chris Mickelsen, P.O. Box 3234, Half Moon Bay 94019

   

Ken McIntire, 235 Old Ranch, Redwood City 94062

   

Holly Winnen, 320 County Road, Woodside 94062

   

Martin Phelps, 307 County Road, Woodside 94062

   

Warren Leonard, El Granada 94018

   

Sofia Freer, 984 Pilarcitos Avenue, Half Moon Bay 94019

   

Fran Pollard, P.O. Box 832, El Granada 94018

   

Karen Wilson, P.O. Box 371273, Montara 94037

   

Ann Carey, 7 Wood Lane, Menlo Park 94025

   

Buzz Myers, 820 Correas Street, Half Moon Bay 94019

   

Gael Erickson, 252 Francisco Street, El Granada 94018

   

Kathryn Slater-Carter, P.O. Box 370321, Montara 94037

   

Paul Perkovic, P.O. Box 371149, Montara 94037-1149

   

Barbara K. Mauz, P.O. Box 1284, El Granada 94018

   

Lyndall Erb, P.O. Box 210, Montara 94037

   

Matthew R. Clark, P.O. Box 652, El Granada 94018

   

Dave Byers, 1920 Leslie Street, San Mateo 94403

   

Teri Chatfield, 315 Garcia Avenue, Half Moon Bay 94019

   

Jerry Laster, 106 Navarra, El Granada 94018

   

Patrick Winnen, 320 County Road, Woodside 94062

   

Jeff Peck, El Granada

   

Elizabeth Peck, El Granada

   

Steve Barber, Half Moon Bay

   

Jon Yoshimine, 480 Oak Avenue #1, Half Moon Bay 94019

   

Terry Gassett, 193 Reef Point, Moss Beach 94038

   

Gail Yoshimine, 480 Oak Avenue #1, Half Moon Bay 94019

   

Devon Yoshimine, 480 Oak Avenue, #1, Half Moon Bay 94019

   

Jack Olsen, 765 Main Street, Half Moon Bay 94019

   

Marylou Williams, 470 Furtado Lane, Half Moon Bay 94019

   

James Larimer, 569 Alto, Half Moon Bay 94019

   

Judy Taylor, 790 Main Street, Half Moon Bay 94019

   

Jan Gray, 224 Amesport Landing, Half Moon Bay 94019

   

Juliette Kulda, 240 Main Street, Half Moon Bay 94019

   

Kathy Rain, 248 Main Street, Half Moon Bay 94019

   

Marc Zafferano, 939 Laurel Street, San Carlos 94070

   

George Mozingo, 850 Woodside Way, San Mateo 94401

   

Peter Grenell, 400 Oyster Point Blvd. Ste. 300, So. San Francisco 94080

     
 

The Board has conceptually adopted all the recommendations except for the following:

   
 

Residential development from the Burnham strip (EG zoning) was deleted;

   
 

Allowed 5 unmergers before the mandatory merger plan is triggered in a shorter time frame;

   
 

The parking bonus language for substandard lot mergers was revised;

   
 

Action on the Big Wave Project was deferred as it is uncertain how the two uses are connected with priority water use. This will be considered as a separate application; and

   
 

Staff was directed to bring back the necessary resolutions and ordinances back to the Board on November 14th with the necessary submittals to the Coastal Commission.

REGULAR AGENDA

PUBLIC WORKS

13.

Resolution authorizing the Director of Public Works to install speed control devices on Alta Vista Drive, Country Club Park area, South San Francisco between Dorado Way and Alida Way, once the administrative fees have been paid as required by the Residential Speed Control Device Program dated April 11, 2005 (continued from the meeting of August 1, 2006)

   
 

This item was continued to the meeting of November 7, 2007 at 9:45 a.m.

COUNTY MANAGER

14.

Resolution (068335):

   
 

A)

Authorizing the County Manager to execute a Memorandum of Understanding with the San Mateo Medical Center for outstanding financial obligations

     
 

B)

Amending Resolution No. 65311 maintaining the $60 million upper limit of General Fund cash advances through June 30, 2006 and reducing the limit to $30 million as of July 1, 2006

     
 

This item was transferred to the Consent Agenda.

   

15.

County Manager’s report:

 

A)

Accept the report on the 2006 Summary of Legislative Positions

     
 

This item was transferred to the Consent Agenda.

BOARD OF SUPERVISORS

16.

Board members’ committee reports

CONSENT AGENDA

BOARD OF SUPERVISORS

17.

Resolution (2549) honoring Mary Griffin as Millbrae’s 2006 Woman of the Year (Supervisor Mark Church)

   

18.

Resolution (2550) honoring Mel Pincus as Millbrae’s 2006 Man of the Year (Supervisor Mark Church)

   

19.

Resolution (2551) honoring M. Joseph Collins upon his retirement from the Daly City Police Department (Supervisor Adrienne Tissier)

   

20.

Resolution (2552) honoring Richard Frederick Farrar upon his retirement from the Daly City Police Department (Supervisor Adrienne Tissier)

   

21.

Ratification of a proclamation (2553) designating October 7, 2006 as Italian American Heritage Day (Supervisor Jerry Hill)

   

22.

Ratification of a proclamation (2554) designating September 30, 2006 as Takahashi Market Day (Supervisor Jerry Hill)

COUNTY COUNSEL

23.

Resolution (068336) waiving the Request for Proposal process and authorizing an agreement with Tammy Dawson, Esq. for the provision of immigration legal services to children in foster care for FYs 2006-08, in an amount not to exceed $136,000, $95,200 Net County Cost

   

24.

Resolution (068337) evidencing compliance with Internal Revenue Services Ruling 2006-43 relating to employer pick up of employee contributions within the meaning of Internal Revenue Code Section 414(h)(2)

COUNTY MANAGER

25.

Accept the responses to the following 2005-06 Grand Jury reports: “Disaster Preparedness Training for the Residents of Cities in San Mateo County,” “Disaster Preparedness at San Francisco International Airport,” “Preparing for FCC-Mandated Changes in County Law Enforcement Radio Networks,” “Disaster Preparedness in SamTrans, Environmental Services and Public Works” and “San Mateo County Detention Facilities”

   

26.

A)

Adoption of an ordinance (04330) amending the Master Salary Ordinance for changes related to the FY 2006-07 budget, previously introduced and waiver of reading the ordinance in its entirety

     
 

B)

Adoption of an ordinance (04331) amending the County of San Mateo Ordinance Code to implement the County reorganization, previously introduced and waiver of reading the ordinance in its entirety

     

27.

Resolution (068338) 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

HEALTH DEPARTMENT

28.

Resolution (068339) authorizing:

   
 

A)

An agreement with Arthur Chou, M.D. for the provision of psychiatry services for the term of October 17, 2006 through June 30, 2007, in an amount not to exceed $152,920, 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

   

29.

Resolution (068340) authorizing:

   
 

A)

An amendment to the agreement with the San Mateo Health Commission to provide health insurance to Healthy Kids members, setting a new rate not to exceed $91.45 per-member per-month, adding $56,653 for retention efforts and changing the contracting agency name from the San Mateo Health Commission to the San Mateo Community Health Authority

     
 

B)

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

   

30.

Resolution (068341):

   
 

A)

Approving the submission of the Strategic Plan for Services for Older Adults and Adults with Disabilities, FY 2005-06 Year End Report

     
 

B)

Authorizing execution of a transmittal letter as required by the California Department of Aging

HUMAN RESOURCES

31.

Report recommending denial of the following claims:

   
 

Claims (Non-Culpable)

 

Jeremy Curd (3)

Maria Masaganda

 

Douglas A. Di Giovanni

Troy Norvell

 

Tom Frisina

Sally Paulsen

 

David Gifford

Richard Reimer

 

Emily Liou

 
   

32.

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 October 24, 2006 for adoption.

   
   
   

HUMAN SERVICES AGENCY

33.

Resolution (068342):

   
 

A)

Waiving the Request for Proposal process and authorizing an agreement with the City of Daly City – Daly City Community Center for core services for FY 2006-07, in an amount not to exceed $125,896, $118,972 Net County Cost

     
 

B)

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

PROBATION

34.

Resolution (068343) ratifying the County Manager’s application for the Enhanced Disproportionate Minority Contact Technical Assistance project grant funding and authorizing the County Manager or his designee to execute the grant agreement with the State of California Corrections Standards Authority

PUBLIC WORKS

35.

Resolution (068344) authorizing and increasing the not-to-exceed payment limit for contract costs with Republic Electric for the Pedestrian Signal Upgrade Project at various locations, Countywide, increasing the amount by $7,100 to $101,600

   

36.

Resolution (068345) awarding a contract to Soares Pipeline, Inc. for the relocation of a 16” Redwood City Water Main at Edison Way and 12th Avenue, North Fair Oaks area to facilitate the completion of storm drain improvements, in the amount of $116,710

   

37.

Resolution (068346) adding no parking during specified hours zones on Pigeon Point Road, Pescadero area and Arlington Road, Menlo Oaks area

SAN MATEO MEDICAL CENTER

38.

Resolution (068347) authorizing an agreement with Larry K. Fan, M.D. Inc. to provide plastic surgery services for the term of September 1, 2006 through August 31, 2007, in an amount not to exceed $124,500

GOVERNING BOARD

REGULAR AGENDA

39.

Acting as the Governing Board of both the Crystal Springs County Sanitation District (District) and the County of San Mateo (County), adopt a resolution (068348):

   
 

A)

Authorizing an amendment to the agreement between the District and the County for a loan to the District from the County’s General Fund, in the amount of $1,000,000

     
 

B)

Extending the term of the agreement by two years and require interest only payments by the District for FYs 2006-08

     
   

This item was transferred to the Consent Agenda.

CONSENT AGENDA

40.

Acting as the Governing Board of the Fair Oaks Sewer Maintenance District, adopt a resolution (068349) setting a time and place for a public hearing to consider the proposed annexation of the Lands of Tanner, Woodside area to the Fair Oaks Sewer Maintenance District

 

(Tuesday, November 7, 2006 at 9:45 a.m.)

   
   
   
   

The meeting adjourned at 1:10 p.m. in memory of Jim Mclaughin to reconvene on Tuesday, October 24, 2006 at 8:00 a.m. in Closed Session - Litigation and Personnel Matters, and thereafter for the regularly scheduled Board meeting.