The meeting was called to order at 9:02 a.m.

Tuesday, March 15, 2011

PLEDGE OF ALLEGIANCE

ROLL CALL – Present: Supervisors Groom, Horsley, 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:

Brent Turner

Lennie Roberts, Committee for Green Foothills

Kathryn Slater-Carter, Montara Water & Sanitary District

Mark DePaula, San Mateo

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 6)
CONSENT AGENDA (SEE PAGE 6)

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agenda are approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda.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

Motion: Tissier / Second: Jacobs Gibson

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.

A)

County Negotiations: LEU, CNA, SMCCE, OSS

County Negotiator: Diana Doughtie

There was no discussion on this matter.

B)

Conference with Legal Counsel – Existing Litigation

Thomas Mahon v. County of San Mateo

San Mateo County Superior Court Case No. CIV 486981

Sprint Spectrum L.P. v. County of San Mateo, et al.

United States District Court Case No. CV11-0056

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

One case

In the matter of the proposed intervention in the City of Brisbane vs. the California State Board of Equalization, the Board unanimously determined to intervene.

The Board recessed to Closed Session at 10:22 a.m.

The Board reconvened the open session at 2:31 p.m. and County Counsel made the following report: No other 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 commendation honoring the band Haunted by Heroes (Supervisor Carole Groom)

Speaker recognized by the President:

Supervisor Carole Groom, Board of Supervisors

5.

9:00 a.m.

Presentation of the Employee of the Month for March 2011 to Matthew Chidester, Real Property Agent II, County Manager’s Office (County Manager)

Speakers recognized by the President:

David S. Boesch, County Manager

Steve Alms, County Manager’s Office

Susy Castoria, Commission on Disabilities

Supervisor Adrienne Tissier, Board of Supervisors

Supervisor Rose Jacobs Gibson, Board of Supervisors

Supervisor Don Horsley, Board of Supervisors

Supervisor Carole Groom, Board of Supervisors

Matthew Chidester, Recipient

6.

9:00 a.m.

Presentation of a proclamation (3179) designating March 2011 as American Red Cross Month (Supervisor Carole Groom)

Speakers recognized by the President:

Supervisor Carole Groom, Board of Supervisors

Cindy Holzman, American Red Cross

Motion: Groom / Second: Tissier

7.

9:15 a.m.

Presentation of a proclamation (3180) designating March 21 through 25, 2011 as Tsunami Awareness and Preparedness Week (Supervisor Adrienne Tissier)

Speakers recognized by the President:

Supervisor Adrienne Tissier, Board of Supervisors

James Asche, Office of Emergency Services

Bill O'Callahan, Sheriff’s Office

Supervisor Don Horsley, Board of Supervisors

Paul Perkovic, Montara

Carlysle Ann Young, Moss Beach

Sabrina Brennan, AREA 29

Motion: Horsley / Second: Jacobs Gibson

8.

9:15 a.m.

Public hearing to consider an appeal in connection with different actions associated with the Big Wave Project located in the unincorporated Princeton-by-the-Sea area (Applicant/Owner: Big Wave Group, LLC) This project is appealable to the California Coastal Commission. (Planning and Building)

A)

Certification of an Environmental Impact Report (EIR) consisting of a Draft EIR and a Final EIR pursuant to the California Environmental Quality Act

B)

Proposed Use Permit, major and minor subdivisions, Coastal Development Permit, Design Review Permit, and Grading Permit

C)

Adoption of an ordinance authorizing a development agreement with Big Wave, LLC to develop a Wellness Center and Office Park

1)

Report and recommendation

2)

Close public hearing

3)

Approve or deny appeal

4)

Adopt ordinance

Speakers recognized by the President:

Jim Eggemeyer, Planning and Building

Supervisor Adrienne Tissier, Board of Supervisors

Michael Murphy, County Counsel

Supervisor Carole Groom, Board of Supervisors

Supervisor Don Horsley, Board of Supervisors

This item was continued to the meeting of March 29, 2011 at 9:00 a.m.

9.

1:30 p.m.

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

10.

2:30 p.m.

Public hearing to consider the following actions associated with the St. Francis Center of Redwood City located at the intersection of Marlborough Avenue and Nottingham Avenue, unincorporated North Fair Oaks area (Applicant: Bill Plant for W. L. Butler Construction, Inc. / Owner: St. Francis Center of Redwood City) (Planning and Building)

A)

Zoning text and map amendments to rezone a parcel from R-3/S-5 Multiple-Family Residential to Planned Unit Development (PUD)

B)

Adoption of two ordinances (04543 and 04544) amending Chapter 2 of Division VI of the San Mateo County Ordinance Code to revise the Zoning Maps, Appendix A to add the PUD-136 District Regulations affecting one property in the unincorporated North Fair Oaks area and amending Division VI of the San Mateo County Ordinance Code to revise the Zoning Text, Appendix A to enact the PUD-136 Zoning District Regulations on a single property in the unincorporated North Fair Oaks area and waiver of reading the ordinances in their entirety

C)

Certification of a Mitigated Negative Declaration pursuant to the California Environmental Quality Act to construct a 9,577 square foot gym/recreation center, that includes a caretakers living unit and office space to serve as the San Mateo County Sheriff’s substation, on the 11,193 square foot vacant St. Francis Center parcel

1)

Report and recommendation

2)

Close public hearing

Motion: Jacobs Gibson / Second: Horsley

3)

Adopt ordinances

Motion: Jacobs Gibson / Second: Horsley

Ayes: Supervisors Groom, Horsley, Jacobs Gibson and Tissier

Noes: None

Speakers recognized by the President:

Jim Eggemeyer, Planning and Building

Supervisor Carole Groom, Board of Supervisors

Sister Christina Heltsley, St. Francis Center of Redwood City

Bill Plant, W. L. Butler Construction, Inc.

Rose Peeters, Redwood City

Janet Davis, Menlo Park

Rosa Parada

Jaime Gonzalez, Redwood City

Sergio Lombera, Redwood City

Greg Munks, Sheriff

Viridiana Cervantes, St. Francis Center of Redwood City

Alejandro Torres, St. Francis Center of Redwood City

Teri Chin, Fair Oaks Community Center

Georgine Drees, St. Francis Center of Redwood City

Lizzeth Lombera, Redwood City

Albertina Escobar, Redwood City

Susan Ford Dorsey, Menlo Park

Supervisor Don Horsley, Board of Supervisors

Supervisor Rose Jacobs Gibson, Board of Supervisors

Supervisor Adrienne Tissier, Board of Supervisors

11.

2:30 p.m.

Acting as the Board of Commissioners of the Housing Authority, conduct a public hearing to consider Resolution No. 2011-03 (071296): (Governing Board)

A)

Approving the Housing Authority’s 2011-12 Moving to Work Annual Plan

B)

Authorizing the Executive Director of the Housing Authority to execute any documents required by the U.S. Department of Housing and Urban Development to certify the Plan

1)

Report and recommendation

2)

Close public hearing

Motion: Jacobs Gibson / Second: Tissier

3)

Adopt resolution

Motion: Tissier / Second: Jacobs Gibson

Ayes: Supervisors Groom, Horsley, Jacobs Gibson and Tissier

Noes: None

Speaker recognized by the President:

William Lowell, Department of Housing

12.

County Manager’s report

David S. Boesch gave an update on the state budget. Mr. Boesch reported that the final draft of the State Constitutional Amendment has been received and that it will be reviewed carefully in coordination with County Counsel’s office. He informed the Board that he would keep them fully apprised of the outcome.

13.

Board members’ committee reports

Supervisor Don Horsley extended his thoughts and prayers to the people of Japan. He thanked all those who assisted during the tsunami emergency, especially to the local agencies, volunteers and first responders who came to help.

Supervisor Rose Jacobs Gibson reported on her visit with Surgeon General Regina M. Benjamin, stating that Ms. Benjamin was well received at the Mills-Peninsula Medical Center. The visit concluded with lunch at the San Mateo Medical Center.

Supervisor Adrienne Tissier also extended her sympathies to those affected by the tsunami and urged people to sign up for SMC Alert. Supervisor Tissier also thanked County Counsel, Michael Murphy for his many years of service to the County.

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 March 1, 2011

The following urgency item was added to the consent agenda under County Manager:

Resolution (071295) ratifying the Director of Emergency Services’ March 11, 2011 Proclamation of Local Emergency and Proclaiming pursuant to Sections 8558(c) and 8630(c) of the Government Code in connection with the earthquake and tsunami in Japan

15.

Resolution (071297):

A)

Consolidating the Board of Supervisors Special Election to be held on Tuesday, May 3, 2011 with elections called by the Jefferson Union High School District, Ravenswood City School District and San Carlos School District

B)

Authorizing the Chief Elections Officer to render specified election services for the aforementioned school districts

16.

Resolution (071298) authorizing the Chief Elections Officer to render specified election services for the County Superintendent of Schools in conjunction with a special election to be held on Tuesday, May 3, 2011

17.

Resolution (071299) transferring $1,115,000 from Non-Departmental General Fund Reserves to the Elections budget unit, recognizing and transferring $295,000 from Unanticipated Revenue from participating school districts to Salaries and Benefits and Services and Supplies within the Election budget unit to fund the May 3, 2011 Local Consolidated Special Election, $1,115,000 is Net County Cost (4/5ths vote required)

18.

Recommendation for the appointments of Christy Usher as a member and JoLynn Chow Miller as the alternate to the Design Review Committee – Coastside, terms expiring March 31, 2014 (Supervisors Don Horsley and Adrienne Tissier)

19.

Recommendation for the appointment of Lee Michelson to the First 5 Commission representing Public Member, term expiring December 31, 2013 (Supervisors Rose Jacobs Gibson and Don Horsley)

20.

Recommendation for the appointment of Neil Merrilees to the Parks Commission representing the Third District, term expiring December 31, 2014 (Supervisor Don Horsley)

21.

Recommendation for the appointments of William Lowell and Jorge A. Tapia to the Workforce Investment Board, terms expiring June 30, 2013 (Supervisor Rose Jacobs Gibson)

22.

Recommendation for the reappointment of Dolly Clemente to the In-Home Supportive Services Advisory Committee representing the Consumer, term expiring December 31, 2014 (Supervisor Carole Groom)

23.

Recommendation for the reappointment of Arthur Lloyd to the San Mateo County Transit District Board representing the Transit Expert, term expiring December 31, 2014 (Supervisors Carole Groom and Adrienne Tissier)

24.

Resolution (3181) honoring San Mateo Branch No. 1068 of the National Association for the Advancement of Colored People (NAACP) upon its 85^th anniversary (Supervisor Carole Groom)

25.

Resolution (071300) authorizing the Millbrae School District to issue and sell its 2011 General Obligation Bonds, Election of 2008 in an aggregate principal amount not to exceed $18,000,000 without further action of the Board of Supervisors or Officers of the County

26.

Resolution (071301) adopting the revised State of California Office of Emergency Services’ Designation of Applicant’s Agent Resolution For Non-State Agencies designating the Department of Public Works as the County’s agent for disaster cost recovery

27.

Resolution determining that the public convenience or necessity would not be served by the issuance of an alcoholic beverage license to the Little Store, LLC for the premises located at 2701A El Camino Real, Redwood City

This item was moved to the regular agenda and continued to the meeting of May 10, 2011.

28.

Resolution (071302) determining that the public convenience or necessity would not be served by the issuance of an alcoholic beverage license to DT McKee Petroleum Corporation for the premises located at 743 Marsh Road, Menlo Park

29.

Resolution (071303):

A)

Waiving the Request for Proposals process and authorizing an agreement with Macias Gini & O’Connell LLP for the provision of financial audit services for the fiscal years ending June 30, 2011, 2012, 2013, and 2014 for the term of April 1, 2011 through March 31, 2015 in an amount not to exceed $1,531,808

B)

Authorizing the County Manager to execute subsequent amendments and minor modifications in an amount not to exceed $25,000 and to make minor changes in the types of services and activities provided under the agreement

30.

Accept the actuarial certification of cost to grant early retirement option with one year of additional service credit for certain classifications within the Information Services Department and the Human Services Agency

31.

Approve the revised Board of Supervisors’ Budget Hearing meeting schedule for calendar year 2011

32.

Acting as the Governing Board of the Crystal Springs County Sanitation District, adopt a resolution (071304):

A)

Adopting the plans and specifications including conformance with prevailing wage scale requirements for the Crystal Springs County Sanitation District Closed Circuit Television Pipeline and Manhole Inspection Project dated January 19, 2011

B)

Awarding a contract to Coastline Water Resources, Inc. in the amount of $147,502

C)

Authorizing the Director of the Department of Public Works to execute change orders in an amount not to exceed $15,000

33.

Resolution (071305) authorizing an amendment to the agreement with Puente de la Costa Sur for alcohol and other drug services to include prevention and early intervention services, increasing the amount by $125,000 to $451,400, no Net County Cost

34.

Resolution (071306) authorizing the Controller to pay non-contract physicians for emergency, emergent and non-contracted services at the San Mateo Medical Center and physicians at non-contracted hospital facilities for FYs 2011-13 in an amount not to exceed $150,000

35.

Resolution (071307) authorizing the:

A)

Controller to pay non-contract medical service providers at non-county locations for the provision of services not offered at the San Mateo Medical Center for FYs 2011-13 in an amount not to exceed $1,000,000

B)

Chief of the Health System or her designee acting in consultation with the County Manager and County Counsel to negotiate rates different from those set forth where such rates are necessary

36.

Adoption of an ordinance (04545) amending the salary ordinance deleting Executive Director of the Health Plan of San Mateo and adding Deputy Chief of the Health System, previously introduced on March 1, 2011 and waiver of reading the ordinance in its entirety

37.

Adoption of an ordinance (04546) amending the salary ordinance and accepting the report on the total number of positions in the County, previously introduced on March 1, 2011 and waiver of reading the ordinance in its entirety

38.

Resolution (071308) authorizing:

A)

An agreement with Strategic Energy Innovations to provide support to the Home Energy Retrofit Occupations program for the term of July 1, 2010 through October 30, 2011 in an amount not to exceed $175,000, no Net County Cost

B)

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

39.

Resolution (071309) authorizing an amendment to the agreement with Key Government Finance, Inc. for the provision of leasing services, extending the term through March 27, 2012

40.

A)

Resolution (071310) authorizing:

1)

An agreement with Rodan Builders, Inc. for the Emergency Department Triage Remodel Project at the San Mateo Medical Center for the term of March 15, 2011 through March 14, 2012 in the amount of $219,000

2)

The Director of the Department of Public Works to execute subsequent change orders in an amount not to exceed $32,850 of the agreement amount

B)

Resolution (071311) authorizing a transfer in the amount of $426,045 from Capital Projects to Fixed Assets to support funding the project (4/5ths vote required)

41.

Resolution (071312):

A)

Rejecting all bids received on November 16, 2010 for Job Order General Construction Contract

B)

Adopting the Construction Task Catalog, specifications and conformance with prevailing wage scale requirements for the County of San Mateo Job Order Contract for General Construction with application throughout the County

C)

Authorizing the Director of the Department of Public Works to call for sealed bids to be received by Tuesday, April 19, 2011 at 2:30 p.m. in the office of the Clerk of the Board of Supervisors

42.

Resolution (074313) accepting a donation from Brent Roles on behalf of B.R. Flooring Inc. for the purchase of a K-9 in the amount of $7,500, no Net County Cost

The meeting was adjourned at 3:51 p.m. in memory of Larry David Brown.