PLEASE NOTE THERE WILL BE NO MEETING OF THE
BOARD OF SUPERVISORS ON JULY 31, 2007

The meeting was called to order at 9:03 a.m.

Tuesday, July 24, 2007

PLEDGE OF ALLEGIANCE

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

Absent: None

1.

8:15 a.m.

CLOSED SESSION

A)

UAPD Negotiations

County Negotiator: Diana Doughtie

B)

Conference with Legal Counsel – Existing Litigation

Ned Brasher, et al. v. City of Montara, et al.

San Mateo County Superior Court Case No. 454439

In re San Gregorio Creek Stream System

San Mateo County Superior Court Case No. CIV 355792

C)

Conference with Legal Counsel – Anticipated Litigation

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

One case

Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9

Two cases

No Report.

2.

9:00 a.m.

REGULAR AGENDA (SEE PAGE 4)
CONSENT AGENDA (SEE PAGE 4)
GOVERNING BOARD (SEE PAGE 7)

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agendas are approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda.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

3.

9:00 a.m.

Presentation of the Employee of the Month for July 2007 to Jose Miramontes, Custodian, Department of Public Works (County Manager)

Speakers recognized by the President:

John L. Maltbie, County Manager

Jose Villalobos, Public Works

James Porter, Director, Public Works

4.

ORAL COMMUNICATIONS

Speakers recognized by the President:

Carolina Valle, IHSS

Myrna Bravo, IHSS

Rosa Parada, 2740 Devonshire Avenue, Redwood City – IHSS

Norma Santiago, 40^th Street, San Mateo - IHSS

Milagros Dasalla, Miriam Street, Daly City - IHSS

Noemy Bengoa, IHSS

(See also Governing Board Matters Set for Specified Time, Page 7)

5.

9:00 a.m.

Presentation of a proclamation (2672) designating July 24, 2007 as Adelaide Keller Day (Supervisor Rose Jacobs Gibson)

Jacobs Gibson/Tissier

6.

9:45 a.m.

Hearing to consider an appeal and uphold the decision of the Environmental Health Division to not issue a septic system permit under the Individual Onsite Wastewater Treatment and Disposal Systems Ordinance, Division VII, Chapter 4, Sections 9300 et seq. for property located at 26 Big Tree Road, Woodside (Owner: Dr. Gerald Cohen) (4/5ths vote required) (Health Department)

A)

Report and recommendation

B)

Close hearing

C)

Approve or deny appeal

Speakers recognized by the President:

Dean Peterson, Director, Environmental Health Department

Robin Kennedy, 1001 Page Mill Road, Bldg. 2, Palo Alto 94304

Andrew Brownstone, 1315 King Street, Santa Cruz 95060

Supervisor Adrienne Tissier, Board of Supervisors

Speakers recognized by the President (continued):

Supervisor Jerry Hill, Board of Supervisors

Supervisor Rich Gordon, Board of Supervisors

John L. Maltbie, County Manager

Supervisor Mark Church, Board of Supervisors

Michael Murphy, Assistant County Counsel

Staff was asked to bring this item back to the Board no later that September 11, 2007.

7.

10:00 a.m.

Resolution (068873) adopting the California Children’s Outdoor Bill of Rights for San Mateo County as a guideline for parents, guardians, park communities, private enterprises and all County and local agencies (Jointly with Supervisor Rose Jacobs Gibson, Health and Parks)

Speakers recognized by the President:

Dave Holland, Director, Parks Department

Charlene Silva, Director, Health Department

Gordon/Church

8.

10:15 a.m.

Who We Are and What We Do: Controller’s Office (Supervisor Rose Jacobs Gibson)

Speakers recognized by the President:

Tom Huening, Controller

9.

10:30 a.m.

Resolution (068874) accepting the Blue Ribbon Task Force on Adult Health Care Coverage Expansion preliminary recommendations and agreeing to reconvene the Task Force in the fall and receive final recommendations by the end of 2007 (Supervisors Jerry Hill and Adrienne Tissier)

Speakers recognized by the President:

Luisa Buada

Ron Robinson

Glenna Vaskelis, 170 Alameda, Redwood City 94062

Carole Groom, 392 Hishlam Avenue, San Mateo 94401

John D. Hoff, San Mateo County Medical Society

Barbara Keefer, 1612 Barroilhet Avenue, Burlingame 94010

Diana Reddy, 23 Hillview Avenue, Redwood City 94062

Alvin Spencer, 670 Bell Street, East Palo Alto 94303

Barbara Erbacher, 1322 Lerida Way, Pacifica 94044

Antonio Aquintero, 381 Hamilton Avenue, Menlo Park 94025

Melissa Rodgers, 521 E. 5^th Avenue, San Mateo 94402

Linda Jensen, 901 Marshall Street, Redwood City 94063

Chris Douglas, Legal Aide Society, San Mateo 94402

Stacey Hawver, 521 E. 5^th Avenue, San Mateo 94402

Shelley Kessler, 1153 Chess Drive #200, Foster City 94404

Sara Alvarez, San Mateo ACORN

Speakers recognized by the President (continued):

Maria Suarez, San Mateo ACORN

Ian Lewis, 209 Highland Avenue, Burlingame 94010

Tissier/Hill

10.

A)

Resolution (068875):

1)

Accepting the report that outlines a plan to reorganize Mental Health and Alcohol and Other Drug Services (AOD)

2)

Authorizing the Director’s of the Health Department and Human Services Agency to create a Behavioral Health and Recovery Services Division located within the Health Department that includes both Mental Health Services and AOD and to submit final budget amendments necessary to implement these changes

B)

Introduction of an ordinance amending the salary ordinance adding a Behavioral Health Director to the Health Department to lead the new Behavioral Health and Recovery Services Division and waiver of reading the ordinance in its entirety

This item was transferred to the Consent Agenda. The ordinance will be continued to the meeting of August 7, 2007 for adoption.

11.

County Manager’s report

12.

Recommendation for the reappointment of Arthur Lloyd to the San Mateo County Transit District (SamTrans) representing the transit expert, term expiring December 31, 2010 (Supervisors Jerry Hill and Adrienne Tissier)

This item was transferred to the Consent Agenda.

13.

Board members’ committee reports

14.

Recommendation for the reappointment of Terri Byrne, Patricia Dixon, James Engvall, Elizabeth Furber, Allan Newlands, Michelle Antonio O’Brien, Diane Smith and Greg Wild to the Commission on Disabilities, terms expiring June 30, 2010 (Supervisor Jerry Hill)

15.

Resolution (2673) honoring Mary Anne O’Shea upon her retirement from the San Mateo County Probation Department (Supervisor Rose Jacobs Gibson)

16.

Proclamation (2674) designating August 1 through August 7, 2007 as National Clown Week (Supervisor Jerry Hill)

17.

Approve corrections to the 2005 tax roll and corresponding tax refunds to various airlines to reflect implementation of Revenue and Taxation Code Section 401.17

18.

Approve corrections to the identified tax rolls and corresponding tax refunds

19.

Resolution (068876) authorizing an agreement with First Five San Mateo County to fund the Children’s Health Initiative for FY 2007-08, in an amount not to exceed $1,800,000, no Net County Cost

20.

Resolution (068877) authorizing an amendment to the agreement with the California Department of Health Services, Office of Family Planning, Male Involvement Program, assigning and transferring all rights and interests to the Teen Pregnancy Coalition of San Mateo County, effective July 1, 2007

21.

Resolution (068878) waiving the Request for Proposal process and authorizing an amendment to the agreement with Pacific Health Consulting Group to guide the development of a new health insurance product offered by the Health Plan of San Mateo to further the work of the Blue Ribbon Task Force on Adult Health Care Coverage Expansion, extending the term through December 31, 2007, increasing the amount by $73,908 to $122,030, no Net County Cost

22.

Resolution (068879) authorizing an amendment to the agreement with PSC Environmental Services to process and dispose of hazardous waste, increasing the amount by $550,000 to $2,156,000, no Net County Cost

23.

Report recommending denial of the following claims:

Claims (Non-Culpable)

Maria Beginez

Roberta Potter

City of San Bruno

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

Sunitha Shambulingappa

24.

Resolution (068880) adopting the Memorandum of Understanding with the Law Enforcement Unit for the term of June 17, 2007 through June 12, 2010

25.

Adoption of the Master Salary Ordinance (04380) for FY 2007-08, previously introduced on July 10, 2007 and waiver of reading the ordinance in its entirety

26.

Resolution (068881):

A)

Waiving the Request for Proposal process and authorizing an agreement with Syntellect, Inc. to provide software support and maintenance services for the Vista framework and professional services as needed for necessary system modifications for the term of August 1, 2007 through June 30, 2010, in an amount not to exceed $126,184, $18,928 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

27.

Resolution (068882) authorizing the abandonment of collection efforts and relief of accountability for collection of unpaid rent from the Coyote Restaurant Corporation, in the amount of $5,600

28.

Resolution (068883):

A)

Approving the final map for subdivision PLN2000-00746

B)

Accepting the offer of dedication of public utility easements as shown on the final map

C)

Directing the Clerk of the Board to execute the appropriate certificate on the final map and file the map for record

D)

Authorizing a secured agreement with Rathgar Court, LLC for the construction of improvements within the Rathgar Estates Subdivision, Redwood City area

29.

Resolution (068884) authorizing the Controller to pay non-contract medical services providers for FYs 2007-09, in an amount not to exceed $1,500,000

30.

Resolution (068885) authorizing the Controller to pay non-contract physicians for FYs 2007-09, in an amount not to exceed $300,000

31.

Resolution (068886):

A)

Waiving the Request for Proposal process and authorizing an agreement with the San Mateo County Superintendent of Schools for prevocational and remedial education programs within the County’s detention facilities for FY 2007-08, in an amount not to exceed $149,651

B)

Authorizing the Sheriff to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

32.

Resolution (068887) authorizing:

A)

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 to the County of San Mateo, extending the term through December 31, 2007, increasing the amount by $50,000 to $1,202,200

B)

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

33.

Resolution (068888) authorizing the:

A)

Sheriff to tow unattended vehicles parked on certain County roadways prior to and during the North Fair Oaks Community Festival, August 18 and August 19, 2007

B)

Closure of certain County roads at or near Middlefield Road, Redwood City to all but local traffic for one day during the festival

34.

9:15 a.m.

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

A)

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

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 rates 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 rates in said District(s)

2)

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

3)

Direct staff to recalculate the Sewer Service Charges Report based on the 2006-07 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

e)

Perform in-district capital improvements if revenues allow

D)

Adopt a resolution adopting the 2007-08 Sewer Service Charges Report based on the currently proposed sewer service rates for the Districts where there is not a written majority protest

E)

Direct staff to meet and discuss future sewer service rates and District services with a committee of property owners who represent the Homeowner Association groups in the Crystal Springs County Sanitation District during FY 2007-08

F)

The following item was added to the agenda:

Introduction of a ordinance amending Section 4.32.020 of Chapter 4.32 of Title 4, Sanitation and Health, San Mateo County Ordinance Code, Concerning Sewer Maintenance Districts or County Sanitation Districts

Speakers recognized by the President:

James Porter, Director, Public Works

Supervisor Jerry Hill, Board of Supervisors

John Spreitz, 3035 Canyon Road, Burlingame

Janet Davis, 2455 Alpine Road, Menlo Park, 94025

Auson Sampson, 70 Tiptoe Lane, Burlingame 94010

Ray Moreno, Adeline Drive, Burlingame 94010

1)

Report and recommendation

2)

Close hearing – Church/Gordon

3)

Adopt resolution – Church/Gordon

4)

Introduce ordinance – Church/Gordon

Items D and F were continued to the meeting of August 7, 2007 for adoption.

35.

9:30 a.m.

Acting as the Governing Board of the San Mateo County Flood Control District, conduct a public hearing to consider a resolution: (4/5ths vote required)

A)

Approving the 2007-08 Water Pollution Control Service Charges Report for Flood Control Zone One – Countywide

B)

Directing staff to file the report with the County Controller

1)

Report and recommendation

2)

Close hearing – Hill/Tissier

3)

Adopt resolution (068890) – Gordon/Hill

Speakers recognized by the President:

James Porter, Director, Public Works

36.

9:30 a.m.

Acting as the Governing Board of the San Mateo County Flood Control District, conduct a public hearing to consider a resolution: (4/5ths vote required)

A)

Approving the 2007-08 Water Pollution Control Service Charges Report for Flood Control Zone Two – City of Pacifica

B)

Directing staff to file the report with the County Controller

1)

Report and recommendation

2)

Close hearing – Tissier/Hill

3)

Adopt resolution (068891) – Gordon/Tissier

Speakers recognized by the President:

James Porter, Director, Public Works

37.

Acting as the Governing Board of the Colma Highway Lighting District, adopt a resolution:

A)

Authorizing an agreement with the Town of Colma for the design and construction of the El Camino Real Undergrounding Project

B)

Revising the date by which all affected property owners within the Underground Utility District for El Camino Real, Daly City/Colma area must be ready to receive underground utility service from April 1, 1996 to December 31, 2007 (Continued from the meeting of July 10, 2007)

This item was continued to the meeting of August 7, 2007.

38.

Acting as the Governing Board of the Menlo Park Highway Lighting District, adopt a resolution (068892) authorizing installation of one additional streetlight on MacArthur Avenue, North Fair Oaks area

The meeting adjourned at 12:33 p.m. in to reconvene on Tuesday, August 7, 2007 at 8:15 a.m. in Closed Session - Litigation and Personnel Matters, and thereafter for the regularly scheduled Board meeting.