PLEASE NOTE THERE WILL BE NO MEETING OF THE
BOARD OF SUPERVISORS ON DECEMBER 19 AND 26, 2006
AND JANUARY 2, 2007

The meeting was called to order at 9:07 a.m.

Tuesday, December 12, 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)

Conference with Legal Counsel – Existing Litigation

   
 

Constance Anderson v. Housing Authority, et al.

 

United States District Court Case No. C05-01967

   
 

County of San Mateo v. State Board of Equalization, et al.

 

United States District Court Case No. C06-3761 EDL

   
 

Peking Handicraft, Inc. v. Northwest Construction, et al.

 

San Mateo County Superior Court Case No. 450756

   
 

The Board approved filing of a cross complaint against Northwest Construction.

   
 

Yearman v. County of San Mateo

 

WCAB No. SFO490566

   
 

Settlement in the amount of $193,792.98.

   

B)

Conference with Legal Counsel – Anticipated Litigation

   
 

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

   
 

Two cases

   

C)

Conference with Real Property Negotiator – Government Code Section 54956.8

   
 

Agency Negotiator: County Manager or his designee

 

Real Property at Issue: 1241 East Hillsdale Boulevard, Foster City

 

Negotiating Parties: Carmichael and Associates

   
 

Agency Negotiator: County Manager or his designee

 

Real Property at Issue: 12 Airport Boulevard, San Mateo

 

Negotiating Parties: Peninsula Humane Society

   
 

The Board approved the waiver of Conflicts of Interests for two law firms, Orrick Herrington and Farrella Braun and Martel.

 

2.

9:00 a.m.

REGULAR AGENDA (SEE PAGE 5)
CONSENT AGENDA
(SEE PAGE 5)

 

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agenda are approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda.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

   
 

Gordon/Church

   

3.

9:00 a.m.

Presentation of Employee of the Month for December 2006 to Victoria Wright, Deputy Public Guardian Conservator III, Health Department (County Manager)

     
   

Speakers recognized by the President:

   

John L. Maltbie, County Manager

   

Lisa Mancini, Aging and Adult Services

   

Robert Evans, Mental Health Services

   

Mr. And Mrs. Wallace

 

4.

ORAL COMMUNICATIONS

 

Speakers recognized by the President:

 

Marilu Serrano, 211 Gardenia Way, East Palo Alto, 94303

MATTERS SET FOR SPECIFIED TIME

 

5.

9:00 a.m.

Presentation of resolutions honoring the 2006 Women in County Government Award recipients: (Supervisor Jerry Hill)

       
   

A)

(2565) Brenda Bennett for Community Service

       
   

B)

(2566) Officer Laura Ramirez for Self Development

       
   

C)

(2567) Joanne Ward for Public Service – the Extra Mile

       
   

D)

(2568) Sandra Kissoon for Public Service – the Extra Mile

       
   

E)

(2569) Ana Navarro for Special Lifetime Achievement

     

6.

9:15 a.m.

Hearing to consider a Planned Agricultural District Permit, Coastal Development Permit, Grading Permit and Certification of a Mitigated Negative Declaration to convert an agricultural well to domestic use, construct a new 6,456 sq. ft. single-family residence, place up to seven water storage tanks for fire suppression, install a septic system, construct and grade a private access driveway/turn-around, and legalize an existing mobile home as temporary housing during construction on a legal 143-acre parcel located just east of the unincorporated El Granada area (Applicant: Kerry Burke, Owners: Dan and Denise Sterling) This project is appealable to the California Coastal Commission: (Planning and Building Department)

     

A)

Report and recommendation

   

B)

Close hearing

   

C)

Certify the Negative Declaration

   

D)

Approve the Planned Agricultural District Permit, Coastal Development Permit and Grading Permit for the construction of a new residence, access road, water tanks and associated grading by making the required findings

   

E)

Adopt the conditions of approval

   
 

Speakers recognized by the President:

 

Jim Eggemeyer, Planning and Building Department

 

Dan Sterling, 300 San Juan Avenue, El Granada 94018

 

Brandon Sterling, 300 San Juan Avenue, El Granada 94018

 

Austin Sterling, 300 San Juan Avenue, El Granada 94018

 

David Byers, 1920 Leslie Street, San Mateo 94403

 

Jake Brown, 355 San Juan Avenue, El Granada 94018

 

Lennie Roberts, 339 La Cuesta, Portola Valley 94028

 

Tom Spinardi, 331 San Juan Avenue, El Granada 94018

 

Kerry Burke, 34 Amesport, Half Moon Bay 94019

 

Mike Sterling, 347 Francisco, El Granada

 

Phil Silivos, 735 Orange Avenue, San Carlos 94070

   
 

Items 10, 20, 21, 22 and 23 were eliminated from the staff report. Alternate language was recommended for item 34.

   
 

Church/Jacobs Gibson

   
   

7.

9:30 a.m.

Presentation of a resolution (2570) honoring Glen H. Brooks, Jr. upon his retirement from the County of San Mateo (Supervisor Jerry Hill)

     

8.

9:30 a.m.

Presentation of a resolution (2571) honoring Neil Cullen upon his retirement from the County of San Mateo (Supervisor Jerry Hill)

     
   

Speakers recognized by the President:

   

Lennie Roberts, 339 La Cuesta, Portola Valley 94028

     

9.

9:45 a.m.

Presentation of a resolution (2572) honoring the San Mateo County Historical Association upon completion of the county’s 2006 sesquicentennial celebration (Supervisor Adrienne Tissier)

     
   

Speakers recognized by the President:

   

Mitch Postel, San Mateo County Historical Association

   

Connie O’Leary

     

10.

10:00 a.m.

A)

Request approval to disband the Emerald Lake Hills Design Review Committee effective immediately (4/5ths vote required) (Supervisors Rich Gordon and Jerry Hill)

       
   

B)

Adoption of an urgency ordinance (04354) amending Section 6565.7 of Chapter 28.1 of Part One of Division VI of the San Mateo County Ordinance to eliminate the Design Review Committee for Emerald Lake Hills and Oak Knoll Manor, and waiver of reading the ordinance in its entirety (4/5ths vote required) (County Counsel)

       
     

Speakers recognized by the President:

     

Tom Casey, County Counsel

     

Michael Mangini, 1702 Cordilleras Road, Emerald Hills 94062

     

John Raleigh, 902 Fallen Leaf Way, Emerald Hills Way 94062

     

Robert Parkhurst, 505 Summit Drive, Emerald Hills 94062

     

Denise McLean, 564 Lakeview Way, Emerald Hills 94062

     

Lorraine Rumley, 308 Nevada Street, Redwood City 94062

     

Barbara McGowan, 209 Lakeview Way, Redwood City 94062

     

Marjorie Parkhurst, 505 Lakeview Way, Emerald Hills 94062

     

Harold Shaw, 2824 Brewster Avenue, Emerald Hills 94062

     

Marguerite Casey, 620 Handley Trail, Emerald Hills 94062

     

Brian Musante, 644 Acacia Lane, Emerald Hills 94062

     

Nancy Mangini, 1702 Cordilleras Road, Emerald Hills 94062

     

Mel Casey, 620 Handley Trail, Emerald Hills 94062

     

Robert Bromell, 209 Lakeview Way, Emerald Hills 94062

     

Jan Heinemann, 3639 Oak Knoll Drive, Emerald Hills 94062

       
     

Gordon/Church

     

11.

1:30 p.m.

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

REGULAR AGENDA

COUNTY MANAGER

12.

County Manager’s report – No report.

BOARD OF SUPERVISORS

13.

Board members’ committee reports

 

Supervisor Church introduced a new member of his staff, Edwin Chan.

 

Supervisor Jacobs Gibson responded to comments made during Oral Communications.

CONSENT AGENDA

ASSESSOR-COUNTY CLERK-RECORDER

14.

Resolution (068432) approving the New Conflict of Interest Code of the San Mateo County Boards and Commissions and the amendments to the Conflict of Interest Codes of County Departments, School Districts, Special Districts and Agencies

BOARD OF SUPERVISORS

15.

Resolution (068433) consolidating the Audit Committee and the Performance Audit/Management Review Subcommittee into a new Audit Committee (Supervisors Adrienne Tissier and Mark Church)

   

16.

Accept the preliminary report on the Performance of Electronic Voting Machines in the November 2006 Elections (Supervisors Mark Church and Rose Jacobs Gibson)

   

17.

Resolution (2573) honoring Rev. Wendy J. Taylor upon her retirement as Executive Director of Puente de la Costa Sur (Supervisor Rich Gordon)

   

18.

Ratification of a resolution (2574) honoring the Peninsula Community Foundation, its board, donors, staff and founders for 43 years of outstanding contributions to the community (Supervisor Jerry Hill)

COUNTY COUNSEL

19.

Resolution (068434) authorizing a Declaration of Covenants and Restrictions on Real Property on San Bruno Mountain with the landowner, Brookfield Northwest Ridge II, LLC

   

20.

Grant the claims to the excess proceeds from the sale of Parcel No. 022-320-170 to the San Mateo County Tax Collector, in the amount of $200.67 and to Melvin S. Thompson, in the amount of $41,044.54

   

21.

Grant the claims to the excess proceeds from the sale of Parcel No. 048-036-120 to Granada Sanitary District, in the amount of $6,354.68 and to Global Discovery Services, Ltd., in the amount of $114,681.85

   

COUNTY MANAGER

22.

Accept the Year-End Report on the Performance of County Programs for FY 2005-06

   

23.

Resolution (068435) authorizing:

   
 

A)

An agreement with Hinderliter, de Llamas & Associates to provide sales tax analysis, recovery and consulting services for the term of January 1, 2007 through December 31, 2009, in an amount not to exceed $300,000

     
 

B)

The County Manager to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

   

24.

Resolution (068436) authorizing a transfer in the amount of $350,000 from Non-Departmental Reserves to Other Financing Uses in the Non-Departmental Services budget unit and appropriating unanticipated revenue in the Capital Projects budget unit to remodel space for the Board of Supervisors and County Manager offices (4/5ths vote required)

   

25.

Pursuant to Government Code Section 54956.8, identify the following information in order to hold a closed session for the purpose of giving instructions regarding the possible sublease of real property

   
 

County Negotiator(s): County Manager or his designee

 

Real Property at Issue: 1241 East Hillsdale Boulevard, Foster City

 

Negotiating Parties: Carmichael and Associates

   

26.

Pursuant to Government Code Section 54956.8, identify the following information in order to hold a closed session for the purpose of giving instructions regarding the possible sale or transfer of real property

   
 

County Negotiator(s): County Manager or his designee

 

Real Property at Issue: 12 Airport Boulevard, San Mateo

 

Negotiating Parties: Peninsula Humane Society

HEALTH DEPARTMENT

27.

Resolution (068437) authorizing an agreement with Institute for Human and Social Development for the County to provide food and nutrition services to various Head Start sites for the term of September 5, 2006 through September 4, 2007, in an amount not to exceed $725,800, no Net County Cost

HOUSING

28.

Resolution (068438) authorizing:

   
 

A)

An amendment to the agreement with Hagman Associates Architects for architectural expenses in the rehabilitation of the Safe Harbor Shelter, extending the term through June 30, 2007, increasing the amount by $65,000 to $467,000, no Net County Cost

     
 

B)

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

   

29.

Resolution (068439) authorizing:

   
 

A)

An amendment to the agreement with RGM and Associates for rehabilitation of the Safe Harbor Shelter, approving change order work, increasing the amount by $151,047 to $1,521,985, no Net County Cost

     
 

B)

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

HUMAN RESOURCES DEPARTMENT

30.

Report recommending denial of the following claims:

   
 

Claims (Non-Culpable)

   
 

Jacklyn Marie Acacio

Zinovy Fichtenholz

 

Richard Cooper

Jan Johnson Harris and Russ Harris

 

Vila Keti Faleofa

Kenneth Taylor

   

31.

Resolution (068440) authorizing a Memorandum of Understanding with the Building and Construction Trades Council

   

32.

Adoption of an ordinance (04355) amending the salary ordinance and accepting the report on the total number of positions in the County, previously introduced and waiver of reading the ordinance in its entirety

HUMAN SERVICES AGENCY

33.

Resolution (068441) waiving a Request for Proposal process and authorizing an agreement with Community Overcoming Relationships Abuse (CORA) to provide prevention and intervention services to victims of domestic violence for FY 2006-07, in an amount not to exceed $187,000, $87,000 Net County Cost

   

34.

Resolution (068442):

   
 

A)

Waiving the Request for Proposal process and authorizing an agreement with Document Fulfillment Services to provide printing, folding, stuffing and mailing of client correspondence generated by the software system resulting from the Human Services Agency’s migration to the CalWORKS Information Network for the term of January 1, 2007 through June 30, 2008, in an amount not to exceed $225,000, no Net County Cost

     
 

B)

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

   

35.

Resolution (068443) authorizing an agreement with Family Service Agency of San Mateo County to provide child welfare support services for the term of September 1, 2006 through June 30, 2007, in an amount not to exceed $290,553, $203,387 Net County Cost

   
   

36.

Resolution (068444) waiving the Request for Proposal process and authorizing an agreement with Peninsula Community Foundation to provide a Project Manager for Fostering the Future Program for the term of October 1, 2006 through June 30, 2007, in an amount not to exceed $134,413, $94,089 Net County Cost

   

37.

Resolution (068445) authorizing amendments to the agreements with Free at Last and The Latino Commission to transfer funds between modalities to establish the agreed upon rate for the remainder of the term, in the amounts of $181,296 and $108,066 respectively

PUBLIC WORKS

38.

Adoption of an ordinance (04356) repealing Sections 7.28.100, 7.28.110 and 7.28.160 of the ordinance code related to miscellaneous parking regulations, previously introduced and waiver of reading the ordinance in its entirety

SHERIFF

39.

Resolution (068446) authorizing Memoranda of Understanding with the Northern California High Intensity Drug Trafficking Area and the Northern California Regional Terrorism Threat Assessment Center to provide for the County’s assignment of employees, related services and payment for said employees and services

   

40.

A)

Resolution (068447) authorizing the Sheriff to execute a grant agreement with the State Office of Emergency Services for the 2006-07 California Multi-Jurisdictional Methamphetamine Enforcement Team, in the amount of $330,000

     
 

B)

Resolution (068448) authorizing a transfer in the amount of $330,000 from State Cal-MMET Grant to various accounts to establish the grant budget and revenues (4/5ths vote required)

     
 

C)

Introduction of an ordinance amending the salary ordinance adding one position of Deputy Sheriff to the Sheriff’s Office, and waiver of reading the ordinance in its entirety

     
   

This item was continued to the meeting of January 9, 2006 for adoption.

   

41.

Resolution (068449) authorizing the Sheriff to execute an agreement with the City and County of San Francisco for the distribution of $178,000 to the County of San Mateo as part of the FY 2003 Urban Area Security Initiative (FY03 UASI) grant program

   
   

The meeting adjourned at 11:46 a.m. in memory of Verna Teglia to reconvene on Tuesday, December 12, 2006 at 8:15 a.m. in Closed Session - Litigation and Personnel Matters, and thereafter for the regularly scheduled Board meeting.