PLEASE NOTE THERE WILL BE NO MEETING OF THE
BOARD OF SUPERVISORS ON SEPTEMBER 21, 2010

The meeting was called to order at 9:00 a.m.

 

Tuesday, September 14, 2010

 

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:

   

Pat Bell, San Carlos

   

Jack Hickey, Emerald Hills

     

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 4)
CONSENT AGENDA
(SEE PAGE 4)

   
 

Motion: Tissier / Second: Groom

     
 

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agenda are approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda.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

   

A)

Negotiations: SEIU, AFSCME, IHSS, PDA, UAPD

   
 

County Negotiator: Diana Doughtie

   

B)

Conference with Real Property Negotiator pursuant to Government Code Section 54956.8 for the purpose of giving instructions regarding the possible lease of real property:

   
 

Property: APN 054-113-040

2700 Middlefield Road, unincorporated Redwood City

   
 

Agency Negotiator: County Manager or his designee

   
 

Negotiating Parties: Nariman Teymourian and Ferrando Diversified Property LLC

   
 

Under Negotiation: Price and Terms

   

C)

Conference with Real Property Negotiator pursuant to Government Code Section 54956.8 for the purpose of giving instructions regarding the possible purchase of real property:

   
 

Properties: APN 054-040-370, 054-040-010 and 054-040-020

 

    1013-1061 Douglas Avenue, Redwood City

   
 

Agency Negotiator: County Manager or his designee

   
 

Negotiating Parties: Joseph J.and Paula Bullock III, Paula A. Bullock, and Barry Lewis

 

or their designees

   
 

Under Negotiation: Price and Terms

   

D)

Conference with Legal Counsel – Existing Litigation

   
 

Carmen Roda v. County of San Mateo

 

WCAB Claim Nos. SM070499, SM090031

   
 

A settlement in the amount of $36,558.50 plus future medical care.

   
 

Craig Cullen v. County of San Mateo

 

WCAB Claim Nos. SM203957, SM050019

   
 

A settlement in the amount of $28,424.00 plus future medical care.

   

E)

Conference with Legal Counsel – Anticipated Litigation

   
 

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

   
 

Three cases

   
   
   

F)

Public Employee Performance Evaluation

   
 

Pursuant to Government Code Section 54957

   
 

County Counsel

   
 

The Board recessed to Closed Session at 10:38 a.m.

   
 

The Board reconvened the open session at 12:24 p.m. and County Counsel made the following report: No other reportable action was taken.

MATTERS SET FOR SPECIFIED TIME

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 (3123) designating September 20 through 24, 2010 as Support Your Local Chamber Week (Supervisor Carole Groom)

     
   

Speakers recognized by the President:

   

Supervisor Carole Groom, Board of Supervisors

   

Linda Asbury, San Mateo Area Chambers of Commerce

     
   

Motion: Church / Second: Jacobs Gibson

     

5.

9:00 a.m.

Presentation of a proclamation (3124) designating September 2010 as Recovery Happens Month (Supervisors Rich Gordon and Rose Jacobs Gibson)

     
   

Speakers recognized by the President:

   

Supervisor Rich Gordon, Board of Supervisors

   

Supervisor Rose Jacobs Gibson, Board of Supervisors

   

Linda Carlson, Women’s Recovery Association

   

Rhonda Ceccato, Sitike Counseling Center

   

Christina, Recovering Client

   

Daniel, Recovering Client

     
   

Motion: Tissier / Second: Jacobs Gibson

     

6.

9:00 a.m.

Resolution (071015) in support of changing the County's employment application to reduce barriers for ex-offenders (Supervisor Rose Jacobs Gibson)

     
   

Speakers recognized by the President:

   

Supervisor Rose Jacobs Gibson, Board of Supervisors

   

Dorsey Nunn, All of Us or None

   

Richard Stamper, All of Us or None

   

Zoe Wigfall, All of Us or None

   

C.T. Hutchens, Voices of Recovery

     
   

Motion: Jacobs Gibson / Second: Groom

     

7.

9:15 a.m.

Presentation of a proclamation (3125) designating September 2010 as National Preparedness Month (Supervisor Adrienne Tissier)

     
   

Speakers recognized by the President:

   

Supervisor Adrienne Tissier, Board of Supervisors

   

Lt. Ed Barberini, Sheriff’s Office

     
   

Motion: Jacobs Gibson / Second: Gordon

     

8.

9:15 a.m.

Presentation of a proclamation (3126) designating September 2010 as Fall Prevention Month (Supervisor Adrienne Tissier)

     
   

Speakers recognized by the President:

   

Supervisor Adrienne Tissier, Board of Supervisors

   

Francine Serafin-Dickson, Hospital Consortium

     
   

Motion: Tissier / Second: Church

     

9.

9:15 a.m.

Presentation of a proclamation (3127) designating September 2010 as Hunger Action Month (Supervisor Adrienne Tissier)

     
   

Speakers recognized by the President:

   

Supervisor Adrienne Tissier, Board of Supervisors

   

Susan Takalo, Second Harvest Food Bank

     
   

Motion: Tissier / Second: Groom

     

10.

9:30 a.m.

Conduct a public hearing to consider an appeal by the San Francisco Public Utilities Commission (SFPUC) to determine if the SFPUC’s proposed Harry Tracy Water Treatment Plant Long-Term Improvements Project located at 2901 Crystal Springs Road, unincorporated San Bruno conforms to the San Mateo County General Plan pursuant to Government Code Section 65402(b) (Applicant: SFPUC/Owner: City and County of San Francisco Water Department) (Planning and Building)

     

A)

Report and recommendation

   

B)

Close public hearing

   
 

Motion: Church / Second: Tissier

   

C)

Approve or deny appeal

   
 

Motion: Gordon / Second: Jacobs Gibson

   
 

Deny the appeal and direct Planning to send a letter to the SFPUC outlining the concerns addressed, strongly encourage the SFPUC to continue working with Skyline Stables and the City of Millbrae, and request a response back to the Board of Supervisors.

   
 

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

 

Noes: None

   
 

Speakers recognized by the President:

 

Jim Eggemeyer, Planning and Building

 

Bill Clark, Skyline Stables

 

Joseph Graff, Millbrae

 

Christine Hanson, Skyline Stables

 

Carole Bottarini, Skyline Stables

 

Robert A. Sanna, Millbrae

 

Supervisor Mark Church, Board of Supervisors

 

Alison Kastama, Regional Communications Liaison, SFPUC

 

Supervisor Adrienne Tissier, Board of Supervisors

 

Supervisor Carole Groom, Board of Supervisors

 

Andrew Garth, San Francisco City Attorney's Office

 

Supervisor Rose Jacobs Gibson, Board of Supervisors

 

Supervisor Rich Gordon, Board of Supervisors

   

11.

1:30 p.m.

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

     

Motion: Church / Second: Tissier

 

The following was added as an urgency item:

 

Ratification of a Proclamation of a local health emergency by the County Health Officer in connection with the City of San Bruno gas line explosion and fire on September 9, 2010

 

Motion: Church / Second: Jacobs Gibson

 

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

Noes: None

 

REGULAR AGENDA

COUNTY MANAGER

12.

County Manager’s report:

   

A)

Monthly Update on the American Recovery and Reinvestment Act of 2009

   

B)

Resolution (071016) amending paragraph 3 of Resolution No. 070107 directing the County Manager to submit to the Board of Supervisors for ratification and acceptance a quarterly report of any and all documents executed, processed or submitted in connection with the receipt of federal economic stimulus funds

   
 

Motion: Church / Second: Jacobs Gibson

   

Motion: Church / Second: Jacobs Gibson

 

The following was added as a urgency item to the County Manager’s report:

 

Resolution (071017) ratifying the Director of Emergency Services’ September 10, 2010 Proclamation of a Local Emergency and proclaiming pursuant to 8588(c) and 8630(c) of the Government Code the need for continuing the local emergency in connection with the City of San Bruno gas line explosion and fire (4/5ths vote required)

 

Motion: Church / Second: Tissier

 

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

Noes: None

BOARD OF SUPERVISORS

13.

Board members’ committee reports

   
 

Supervisors Mark Church, Rose Jacobs Gibson and Adrienne Tissier thanked the City of San Bruno and the cities at large, the county employees who volunteered their time, and gave a special thank you to Mary McMillan, Deputy County Manager, Marshall Wilson, Public Communications Manager, and Bill Chiang, Legislative Aide to Supervisor Tissier for their tireless efforts in connection with the gas line explosion and fire in San Bruno.

   

CONSENT AGENDA

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.

 

14.

Approve the minutes for the meeting of August 24, 2010

ASSESSOR-COUNTY CLERK-RECORDER

15.

Resolution (071018) authorizing:

   
 

A)

An amendment to the service agreement with Hart InterCivic, Inc. for maintenance and support, and hardware warranty, extending the term through August 14, 2013, increasing the amount by $665,718.75 to $10,853,235.24

     
 

B)

The Chief Elections Officer or his designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

     
     
     
     
     
     
     

16.

Resolution (071019):

   
 

A)

Consolidating the Gubernatorial General Election to be held on Tuesday, November 2, 2010 with elections called by the County of San Mateo, City/County Association of Governments, Brisbane Elementary School District, Belmont-Redwood Shores School District, Cabrillo Unified School District, Jefferson Union High School District, Las Lomitas Elementary School District, Menlo Park City Elementary School District, Pacifica School District, San Mateo Union High School District, South San Francisco Unified School District, North Coast County Water District, San Mateo County Harbor District, Sequoia Healthcare District, Town of Atherton, Town of Colma, City of Daly City, City of East Palo Alto, City of Half Moon Bay, City of Menlo Park, and City of Pacifica

     
 

B)

Authorizing the Chief Elections Officer to render specified election services in conjunction therewith

BOARD OF SUPERVISORS

17.

Resolution (071020) authorizing an amendment to the agreement for the provision of management of the San Mateo County Fair and the San Mateo County Event Center, increasing the number of directors on the San Mateo County Exposition and Fair Association’s Board of Directors (Supervisors Carole Groom and Adrienne Tissier)

   

18.

Recommendation for the appointments of Linda Asbury and Kenneth San Filippo to the Workforce Investment Board, terms expiring June 30, 2012 (Supervisor Mark Church)

   

19.

Proclamation (3128) designating September 27, 2010 as Family Day – A Day to Eat Dinner with your Children (Supervisor Rich Gordon)

CONTROLLER

20.

Resolution (071021) fixing the rates of County and District taxes for FY 2010-11

COUNTY COUNSEL

21.

Resolution (071022) authorizing the issuance and sale of Redwood City School District 2010-11 Tax and Revenue Anticipation Notes, in an amount not to exceed $15,000,000

COUNTY MANAGER

22.

Pursuant to Government Code Section 54956.8 identify the following information prior to holding a closed session for the purpose of giving instructions regarding the possible lease of real property:

   

A)

Agency Negotiator: County Manager or his designee

   

B)

Real Property at issue: APN 054-113-040

 

        2700 Middlefield Road, unincorporated Redwood City

   

C)

Negotiating Parties: Nariman Teymourian and Ferrando Diversified Property LLC

 

23.

Pursuant to Government Code Section 54956.8 identify the following information prior to holding a closed session for the purpose of giving instructions regarding the possible purchase of real property:

 

A)

Agency Negotiator: County Manager or his designee

   

B)

Real Properties at issue: APN 054-040-370, 054-040-010 and 054-040-020

 

        1013-1061 Douglas Avenue, Redwood City

   

C)

Negotiating Parties: Joseph J. and Paula Bullock III, Paula A. Bullock, and Barry Lewis

 

        or their designees

 

24.

Resolution (071023) authorizing:

   
 

A)

A permit agreement with New Cingular Wireless PCS, LLC for the operation of a wireless communication facility at the Pescadero Quarry Communication Site for the term of October 1, 2010 through September 30, 2015 with one option to extend for an additional five years, for an initial monthly rate of $2,400

     
 

B)

The County Manager or his designee to accept or execute notices, options, and documents associated with the agreement, including but not limited to extension or termination of the agreement under the term set forth

   

25.

Resolution (071024) authorizing:

   
 

A)

A permit agreement with New Cingular Wireless PCS, LLC for the operation of a wireless communication facility at the Pigeon Point Communication Site for the term of October 1, 2010 through September 30, 2015 with one option to extend for an additional five years, for an initial monthly rate of $1,225

     
 

B)

The County Manager or his designee to accept or execute notices, options, and documents associated with the agreement, including but not limited to extension or termination of the agreement under the term set forth

   

26.

Resolution (071025) authorizing: (4/5ths vote required)

   
 

A)

An amendment to the permit agreement with New Cingular Wireless PCS, LLC for the operation of a wireless communication facility at the Half Moon Bay Airport, including the replacement of existing equipment and installation of new equipment, increasing the monthly rate by $300 to $3,075

     
 

B)

The County Manager or his designee to accept or execute notices, options, and documents associated with the amendment and agreement, including but not limited to extension or termination of the agreement under the term set forth

   

27.

Accept the report containing the County’s response to the 2009-10 Grand Jury report: Funding Realities and the San Mateo County Medical Center

DISTRICT ATTORNEY

28.

Resolution (071026) approving the Spending Plan for FY 2010-11 monies received through the State Law Enforcement Supplemental Fund (SLESF) permitting the District Attorney to receive a 5.15% allocation for criminal prosecution and the Sheriff to receive a 5.15% allocation for jail operations and a proportional allocation of Countywide front-line law enforcement funds for the Sexual Habitual Offender Program pursuant to Government Code 30061 GC (Jointly with the Sheriff)

HEALTH SYSTEM

29.

Resolution (071027) authorizing an agreement with the State Department of Mental Health for the purchase of services at State Hospitals for FY 2009-10, in the amount of $861,163, no Net County Cost

   

30.

Resolution (071028) authorizing an agreement with the California Department of Public Health for the provision of public health emergency preparedness for the term of July 1, 2010 through August 9, 2011, in the amount of $1,306,574, no Net County Cost

   

31.

Resolution (071029) authorizing:

   
 

A)

An agreement with the California Department of Public Health for the provision of the Immunization Assistance Program for FY 2010-11, in the amount of $283,911, no Net County Cost

     
 

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

   

32.

Resolution (071030) authorizing:

   
 

A)

An agreement with the City and County of San Francisco for the provision of primary health care and psycho-social services to individuals with HIV/AIDS for the term of March 1, 2010 through February 28, 2011, in the amount of $2,030,578

     
 

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

   

33.

Resolution (071031):

   
 

A)

Waiving the Request for Proposals process and authorizing an agreement with Youth and Family Enrichment Services for the provision of mental health services, support for the Youth Development Initiative and community worker services for FY 2010-11, in an amount not to exceed $1,347,651, $296,033 is Net County Cost

     
 

B)

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

   
   
   
   

34.

Resolution (071032) authorizing:

   
 

A)

An agreement with One East Palo Alto for the provision of consultation and multi-cultural center services for FY 2010-11, in an amount not to exceed $177,729, no Net County Cost

     
 

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

   

35.

Resolution (071033) authorizing:

   
 

A)

An agreement with One East Palo Alto for the provision of outreach and engagement services for FY 2010-11, in an amount not to exceed $146,560, no Net County Cost

     
 

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

   

36.

Resolution (071034) authorizing an amendment to the agreement with American Medical Response West for the provision of assessment and transport of persons with behavioral emergencies and for the prescheduled transport of Behavioral Health and Recovery Services and Aging and Adult Services clients for court appearances, extending the term through April 30, 2011, increasing the amount by $311,200 to $1,946,200, $95,000 is Net County Cost

   

37.

Resolution (071035) authorizing:

   
 

A)

An amendment to the agreement with Shelter Network for the provision of safe housing for the homeless, increasing the number of guaranteed beds by 2 to 6, increasing the amount by $100,000 to $200,000

     
 

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

   

38.

Resolution (071036) authorizing:

   
 

A)

An amendment to the agreement with Stanford University for the provision of the Case-Management and Environmental Support to Sustain Weight Loss and Reduce Congestive Heart Disease Risk Research Project, extending the term through April 30, 2011, increasing the amount by $123,672 to $216,936, no Net County Cost

     
 

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

   

39.

Resolution (071037) authorizing the Chief of the Health System to execute:

   
 

A)

An Acceptance of Allocation Agreement from the California Department of Public Health, Tobacco Control Program for the provision of the Tobacco Prevention Program for FY 2010-11, in the amount of $150,000, no Net County Cost

     
 

B)

All subsequent Acceptance of Allocation Agreements through June 30, 2013

HUMAN RESOURCES

40.

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

   
 

Shinmee Chang

Amparo Tarifa

 

Christian Ochoa de Paz

Derek Van Bronkhorst

 

Michael Pacis

   

41.

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 September 28, 2010 for adoption.

PARKS

42.

Resolution (071038) authorizing:

   
 

A)

An agreement with Blue Water Design Group for the provision of preparing design plans and specifications and secure permits for the replacement of Dock 29 at the Coyote Point Marina for the term of September 14, 2010 through October 31, 2011, in an amount not to exceed $109,929, no Net County Cost

     
 

B)

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

PUBLIC WORKS

43.

Resolution (071039):

   
 

A)

Awarding a contract to Granite Rock Company DBA Pavex Construction Division for the reconstruction of Camino De Los Robles and Franks Lane, West Menlo Park area, in the amount of $336,857

     
 

B)

Authorizing the Director of the Department of Public Works to execute change orders, in an aggregate amount not to exceed $50,529

     
 

C)

Authorizing the Director of the Department of Public Works to file a Notice of Exemption for a California Environmental Quality Act Categorical Exemption

   

44.

Resolution (071040):

   
 

A)

Awarding a contract to Nexgen Builders, Inc. for the San Bruno Mountain State and County Park Sewer Line Project, in the amount of $257,194.46

     
 

B)

Authorizing the Director of the Department of Public Works to execute change orders, in an aggregate amount not to exceed $38,578.54

     
 

C)

Authorizing the Director of the Department of Public Works to file a Notice of Exemption for a California Environmental Quality Act Categorical Exemption

   
   

45.

Resolution (071041):

   
 

A)

Rejecting the bids received on July 27, 2010 for the Pescadero Landfill Closure Project

     
 

B)

Authorizing the Director of the Department of Public Works to re-advertise the project for bids in the Spring of 2011

   

46.

Resolution (071042):

   
 

A)

Adopting the August 2010 Levee Operations and Maintenance Manual for the levee at the San Carlos Airport

     
 

B)

Authorizing Public Works staff to update and amend the Levee Operations and Maintenance Manual in the future as may be required

   

47.

Introduction of an ordinance amending Chapter 7.04 of the San Mateo County Ordinance Code for a prima facie speed limit of 25 miles per hour for the county-maintained portion of Parrott Drive, San Mateo Highlands area and waiver of reading the ordinance in its entirety

   
 

This item was continued to the meeting of September 28, 2010 for adoption.

SHERIFF

48.

Resolution (071043):

   
 

A)

Waiving the Request for Proposals process and authorizing an agreement with the Service League of San Mateo County for the provision of inmate services within the County’s correctional facilities for FY 2010-11, in an amount not to exceed $625,405

     
 

B)

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

   

49.

Resolution (071044) authorizing an amendment to the agreement with Motorola, Inc. for the design, build and integration of a P25/700 MHz Radio System, increasing the amount by $720,000 to $5,264,906

   

50.

Resolution (071045) accepting the donation of a Barrett 82A1 50 Caliber BMG Semi-automatic Sniper Rifle, serial number 1731 with a Swarovski 10x42 scope from the Ross Estate

   

51.

Introduction of an ordinance amending the salary ordinance adding 28 positions to the Sheriff’s Office for the provision of law enforcement services to the City of San Carlos and waiver of reading the ordinance in its entirety

   
 

This item was continued to the meeting of September 28, 2010 for adoption.

   
   

TREASURER-TAX COLLECTOR

52.

Resolution (071046):

     
 

A)

Waiving the Request for Proposals process and authorizing the Treasurer-Tax Collector to execute an amendment to the agreement with the Bank of New York Mellon Trust Company for the provision of custody and safekeeping services for the San Mateo County Investment Pool, extending the term through June 30, 2011, increasing the amount by $70,000 to $250,000

     
 

B)

Authorizing the Treasurer-Tax Collector or his designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

     
     
   

The meeting was adjourned at 12:27 p.m. in memory of Dora Lillian Bruno and the victims of the San Bruno gas line explosion and fire: Jessica Morales, Jacqueline Greig, Janessa Greig, and one unidentified individual.