REGULAR MEETING

SAN MATEO COUNTY BOARD OF SUPERVISORS

TUESDAY, DECEMBER 1, 2009

Tuesday, December 1, 2009

The meeting was called to order at 9:01 a.m.

PLEDGE OF ALLEGIANCE

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

Absent: None

1.

9:00 a.m.

ORAL COMMUNICATIONS AND PUBLIC TESTIMONY ON CONSENT OR CLOSED SESSION AGENDA ITEMS

Speakers recognized by the President:

Commander Tim Walker, California Highway Patrol

Therese M. Dyer, Pacifica

Bernie Sifry, Pacifica

If your subject is not on the agenda, or if you wish to speak on a consent or closed session agenda item, the President will recognize you at this time. Speakers are customarily limited to two minutes. A speaker’s slip is required.

2.

REGULAR AGENDA (SEE PAGE 3)
CONSENT AGENDA (SEE PAGE 4)

Motion: Gordon /Second: Tissier

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agenda are approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda.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

3.

CLOSED SESSION

The Board will adjourn to closed session to consider the following items at the end of the agenda, or at any time during the meeting as time permits. At the conclusion of closed session, the Board will reconvene in open session to report on any actions taken for which a report is required by law.

All Employee Organizations

County Negotiators: Keith Fleming and Diana Doughtie

The Board recessed to closed session at 12:38 p.m.

The Board reconvened the open session at 1:23 p.m. and County Counsel made the following report:

No reportable action was taken.

Times listed under this section are approximate. The Board makes every effort to adhere to the times listed, but in some cases, because of unexpected presentations, items may not be heard precisely at the time scheduled. In no case will any item be heard before the scheduled time.

4.

9:00 a.m.

Presentation of a proclamation designating December 1, 2009 as World AIDS Day (Supervisor Rose Jacobs Gibson)

Speakers recognized by the President:

Supervisor Rose Jacobs Gibson, Board of Supervisors

Matt Geltmaker, AIDS Program, Health System

5.

9:00 a.m.

Presentation and acceptance of the 2010-13 San Mateo County Equal Employment Opportunity Plan (Human Resources)

Speakers recognized by the President:

Steve Rossi, Human Resources Department

Sara Medina, Department of Parks

Dhiren Gandhi, Co-Chair, Equal Employment Opportunity, Information Services

Motion: Tissier / Second: Jacobs Gibson

Ayes: Supervisors Church, Groom, Gordon, Jacobs Gibson and Tissier

Noes: None

6.

9:15 a.m.

Public hearing to consider the Coastal Commission staff’s revised recommendations on the Midcoast Update Local Coastal Program amendments: (Planning and Building)

A)

Report and recommendation

B)

Close public hearing

Motion: Tissier / Second: Jacobs Gibson

C)

Provide guidance on presenting the County’s position on the revised recommendations to the California Coastal Commission at the public hearing scheduled for December 10, 2009 in San Francisco

Speakers recognized by the President:

Steve Monowitz, Planning and Building

Lisa Ketcham, Moss Beach

Jack Olsen, San Mateo County Farm Bureau

Paul Perkovic, Montara

Charles Lester, California Coastal Commission

Fran Pollard, El Granada

Leonard Woren, El Granada

Sabrina Brennan, Midcoast Community Council

David Byers, Big Wave Project

Scott Holmes, Half Moon Bay

Lennie Roberts, Committee for Green Foothills

Kathryn Slater Carter, Montara

Joe Guntren, Montara

Terry Gossett, Californians for Property Rights

Ann Carey, Menlo Park

Tim Frahm, San Mateo County Farm Bureau

Paul McGregor, Montara

Kerry Burke, Half Moon Bay

Laslo Vespremi, Moss Beach

Supervisor Rich Gordon, Board of Supervisors

Supervisor Rose Jacobs Gibson, Board of Supervisors

Supervisor Mark Church, Board of Supervisors

Supervisor Adrienne Tissier, Board of Supervisors

Motion: Tissier / Second: Jacobs Gibson to accept staff’s recommendations

Ayes: Supervisors Church, Groom, Gordon, Jacobs Gibson and Tissier

Noes: None

7.

9:30 a.m.

Adoption of an urgency ordinance amending on an interim basis Chapter 4.68 of the San Mateo County Ordinance Code to prohibit the issuance of permits for the construction of water wells in certain areas of the San Mateo County Midcoast (4/5ths vote required) (Jointly with County Counsel, Health System, and Planning and Building)

Speakers recognized by the President:

Lisa Grote, Planning and Building

David Hankin, Moss Beach

Jack Olsen, San Mateo County Farm Bureau

Charles Kissick, Montara

Judy Taylor, Half Moon Bay

James Larimer, Half Moon Bay

Paul McGregor, Montara

Paul McGregor, Jr., Montara

Kerry Burke, Half Moon Bay

Jan Gray, San Mateo County Association of Realtors

Kathryn Slater-Carter, Montara

Vic Abadie, Montara

Paul Perkovic, Montara Water and Sanitary District

David E. Schricker, Montara Water and Sanitary District

Fran Pollard, El Granada

Ron Nelson, Burlingame

Jim Wilkinson, Wilkinson Enterprises, Inc.

Leonard Woren, El Granada

Sabrina Brennan, Area 29 and Seal Cove Property Owners Group

Lennie Roberts, Committee for Green Foothills

Carlysle Ann Young, Moss Beach

Terry Gossett, Californians for Property Rights

Supervisor Mark Church, Board of Supervisors

Dean Peterson, Environmental Health

Michael Murphy, County Counsel

Supervisor Rich Gordon, Board of Supervisors

Supervisor Carole Groom, Board of Supervisors

Supervisor Adrienne Tissier, Board of Supervisors

Motion: Gordon / Second: Groom

Ayes: Supervisors Church, Groom, Gordon, Jacobs Gibson and Tissier

Noes: None

Supervisor Gordon recommended this item be referred back to Environmental Health.

8.

10:00 a.m.

Resolution (070520) appointing a member to the Board of Directors of the Mid-Peninsula Water District (County Counsel)

Speakers recognized by the President:

Michael Murphy, County Counsel

Supervisor Mark Church, Board of Supervisors

Supervisor Carole Groom, Board of Supervisors

Susan L. Brown, Belmont

Michael Malekos, Belmont

Al Stuebing, Belmont

George Burgess, Belmont

Carrie Gordon, Belmont

Motion: Groom /Second: Tissier

Supervisor Groom nominated candidate Al Stuebing to the Board of Directors of the Mid-Peninsula Water District.

Ayes: Supervisors Church, Groom, Gordon, Jacobs Gibson and Tissier

Noes: None

9.

1:30 p.m.

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

10.

Acting as the Governing Board of the Housing Authority of San Mateo County, conduct a public hearing to consider a resolution (070521):

A)

Amending the Moving to Work (MTW) Annual Plan to institute an tiered subsidy table for all Housing Choice Voucher applicants, Project-Based participants and the original 300 MTW program participants based on their voucher bedroom size and annual adjusted income

B)

Authorizing the Director of the Department of Housing or his designee to execute any documents required by the U.S. Department of Housing and Urban Development to certify the Plan amendment

1)

Report and recommendation

2)

Close public hearing

Motion: Jacobs Gibson / Second: Tissier

3)

Adopt resolution

Speaker recognized by the President:

Duane Bay, Department of Housing

Motion: Gordon / Second: Tissier

Ayes: Supervisors Church, Groom, Gordon, Jacobs Gibson and Tissier

Noes: None

11.

Public hearing to consider a resolution (070522) approving the imposition and collection of an AB 939 fee on each ton of solid waste disposed of at landfills within the unincorporated areas of the County:

1)

Report and recommendation

2)

Close public hearing

3)

Adopt resolution

Speakers recognized by the President:

Jim Porter, Department of Public Works

Supervisor Rich Gordon, Board of Supervisors

Motion: Gordon / Second: Jacobs Gibson

Ayes: Supervisors Church, Groom, Gordon, Jacobs Gibson and Tissier

Noes: None

This item should have been listed as a regular agenda item, not a public hearing.

12.

County Manager’s report – No report

13.

Resolution (070523): (Supervisor Adrienne Tissier)

A)

Endorsing the United Way of the Bay Area’s application before the California Public Utilities Commission for a 211 license for the area within San Mateo County

B)

Directing the President of the Board to execute a letter of endorsement

Speakers recognized by the President:

Supervisor Adrienne Tissier, Board of Supervisors

Lorne Needle, United Way of the Bay Area

Terry Jackson, Peninsula Library System

Rayna Lehman, San Mateo County Central Labor Council

Porcia Silverberg, Thrive Alliance

Motion: Tissier / Second: Groom

Ayes: Supervisors Church, Groom, Gordon, Jacobs Gibson and Tissier

Noes: None

14.

Board members’ committee reports

Supervisor Church congratulated Deputy County Manager Mary McMillan as the recipient of the Circle of Winners Award by the California State Association of Counties for her work on the Lehman Brothers Bankruptcy.

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.

15.

Approve the minutes for the meetings of November 3 and 10, 2009

16.

Resolution (070524) accepting the certificate of fact from the Chief Elections Officer and appointing Special District and Midcoast Community Council candidates in lieu of holding an election (4/5ths vote required)

17.

Resolution (070525) authorizing the adjustment of the base recording fee for the first page of a document presented for recording pursuant to Government Code section 27361, et seq., in the amount of $10 (4/5ths vote required)

18.

Recommendation for the reappointment of Carol Sanders to the Commission on the Status of Women, term expiring December 31, 2013 (Supervisor Adrienne Tissier)

19.

Resolution (3011) honoring Jan Epstein for her years of leadership and community service on the City Council of San Mateo (Supervisor Carole Groom)

20.

Ratification of a resolution (3012) honoring Rosalie O’Mahony for her many years of service on the City Council of Burlingame (Supervisor Mark Church)

21.

Ratification of a resolution (3013) honoring the San Mateo County Tobacco Education Coalition upon its 20th anniversary (Supervisor Adrienne Tissier)

22.

Introduction of an ordinance amending Section 2.04.040 of Chapter 2.04 of Title 2 of the San Mateo County Ordinance Code relating to the creation of an Independent Citizens Review Panel to review allegations of serious official misconduct on the part of an elected County official and waiver of reading the ordinance in its entirety

This item was continued to the meeting of December 15, 2009 for adoption.

23.

Approve the correction to the 2009-10 secured property tax roll to correct an error in the assessment of residential property owned by taxpayer Robert Chess

24.

Approve the corrections to the 2008 and 2009 tax rolls and the corresponding tax refund with interest to reflect implementation of the decision of the San Mateo County Assessment Appeals Board for the parcel owned by Dearborn Stables LLC

25.

Resolution (070526) authorizing an agreement with the Local Agency Formation Commission for the provision of staffing, quarters and services for FY 2009-10, in an amount not to exceed $314,827

26.

Resolution (070527) extending the provision of continued employment status for reservists called for duty in connection with military expeditions and operations to combat terrorism and in connection with military operations in Iraq through June 30, 2010

27.

A)

Resolution (070528) authorizing:

1)

An agreement with the California Department of Aging for funding under the Medicare Improvements for Patients and Providers Act of 2008 for expanding Medicare beneficiary enrollment for the term of August 1, 2009 through May 31, 2011, in the amount of $23,986, no Net County Cost

2)

The Chief of the Health System or her designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

B)

Resolution (070529) authorizing a transfer in the amount of $11,993 from Federal Aid to Provider Services Programs for the Medicare Improvements for Patients and Providers Act of 2008 (4/5ths vote required)

28.

Resolution (070530) authorizing the acceptance of a Base Award Augmentation from the California Department of Public Health, Tuberculosis Control Branch for the provision of tuberculosis prevention and control activities for FY 2009-10, in the amount of $24,500, no Net County Cost

29.

Resolution (070531) authorizing an amendment to the agreement with Creekside Mental Health Rehabilitation Program for the provision of mental health rehabilitation and long-term care services, increasing the amount by $147,965 to $887,790, $4,745 is Net County Cost

30.

Resolution (070532) authorizing:

A)

An amendment to the agreement with the San Mateo Health Commission for the provision of Medi-Cal services for Health Plan of San Mateo clients, incorporating supplemental payments and waiving the 45 business day notice provision set forth in Section 1375.7 of the California Health and Safety Code

B)

The Chief of the Health System or her designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

31.

Resolution (070533) authorizing an amendment to the agreement with Robert Shaw & Associates for the provision of environmental review services, expanding the program/project description and specific requirements, extending the term through June 30, 2012, increasing the amount by $240,000 to $315,000, no Net County Cost

32.

Report recommending denial of the following claims (Non-Culpable):

Guillerno Arreola

Dr. Sidney A. Fogel

Thomas McCavitt

Yevgeniy Davidovich

Leticia Gomez

Pacific Telephone dba AT&T

Laura Demma

Dale Holness

Kathryn Schlageter

Vernon Dennis

Abid Hussain

Lazzaro Venturi

Maria Guadalupe Flores

Henry Livingston

Yang Woo

33.

Resolution (070534) adopting the Memorandum of Understanding with the American Federation of State, County and Municipal Employees (AFSCME) for the term of November 1, 2009 through August 7, 2010

34.

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 December 15, 2009 for adoption.

35.

Resolution (070535) waiving the Request for Proposal process and authorizing an amendment to the agreement with Electronic Data Systems for the provision of maintenance services for the CalWIN System, extending the term through June 30, 2013, increasing the amount by $3,943,593 to $18,124,775, $183,101 is Net County Cost

36.

Resolution (070536) authorizing the County Self Assessment Tri-Annual Report as part of the California Child and Family Services Review for FYs 2007-10

37.

Resolution (070537) waiving the Request for Proposal process and authorizing the Purchasing Agent to issue purchase orders to Oracle Corporation for the provision of proprietary software licenses, maintenance and support for the term of January 1, 2010 through December 31, 2012, in a total amount not to exceed $900,000

38.

Resolution (070538) authorizing an agreement with the San Mateo County Superintendent of Schools for the reimbursement of salary and benefits to the Probation Department for four full time Group Supervisors out-posted at the Community Schools for FY 2009-10, in the amount of $419,751

39.

Resolution (070539):

A)

Waiving the Request for Proposal process and authorizing an agreement with Fresh Lifelines for Youth for the provision of legal education, mentoring and leadership training to youth in San Mateo County to reduce juvenile crime and incarceration for FY 2009-10, in an amount not to exceed $112,000, no Net County Cost

B)

Authorizing the Chief of the Probation Department or his designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

40.

Resolution (070540) authorizing an agreement with the Broadmoor Police District for the provision of public safety communications services for FYs 2008-11, in an amount not to exceed $173,000

41.

Resolution (070541) authorizing an agreement with the City of Millbrae for public safety communications services for the term of October 1, 2009 through June 30, 2012 with an option to extend for an additional three years, in the amount of $701,496

42.

Resolution (070542) authorizing an amendment to the agreement with the San Mateo County Pre-Hospital Care Medical Group JPA for 911 communications services, extending the term through January 31, 2010

43.

Resolution waiving the Request for Proposal process and authorizing an agreement with Swaim Biological, Inc. for the provision of biological services related to the Crystal Springs Dam Bridge Replacement Project for the term of December 1, 2009 through June 30, 2013, in an amount not to exceed $233,000

This item was continued to the meeting of January 12, 2010.

44.

Resolution (070543) certifying the Mitigated Negative Declaration for the Crystal Springs Dam Bridge Replacement Project

45.

Resolution (070544):

A)

Awarding a contract to Staples Construction Company, Inc. for the San Mateo County Job Order Contract General Construction Contract, in an amount not to exceed $4,000,000

B)

Authorizing the Director of the Department of Public Works or his duly appointed representatives to issue and sign additional, individual and/or separate job orders under the contract, in an amount not to exceed $4,000,000

46.

Resolution (070545) adopting plans, specifications and conformance with prevailing wage scale requirements for the Hazardous Materials Abatement Project at Hillcrest Juvenile Hall

(Tuesday, January 5, 2010 at 2:30 p.m.)

47.

Resolution (070546) authorizing the closure of Los Banos Avenue to through traffic between Park Avenue and Ocean Boulevard, Seal Cove, Half Moon Bay area

Speakers recognized by the President:

Jim Porter, Department of Public Works

Sabrina Brennan, Moss Beach

Motion: Gordon / Second: Tissier

Ayes: Supervisors Church, Groom, Gordon, Jacobs Gibson and Tissier

Noes: None

This item was moved to the regular agenda.

48.

Make a finding to continue the local emergency declaration for constructing slope stabilization within the landslide, La Honda area (4/5ths vote required)

49.

Resolution (070547) authorizing the discharge of accountability of collection effort for delinquent accounts from former participants in the Sheriff’s Work Program, in the amount of $5,280

50.

Resolution (070548) authorizing a transfer in the amount of $1,950.13 from Unanticipated Revenue to County Treasurer and Public Administrator for unclaimed money from the special fund entitled Unknown Heirs (4/5ths vote required)

The meeting was adjourned at 1:24 p.m. in memory of Melvin Anderson and Edward Parker