PLEASE NOTE THERE WILL BE NO MEETING OF THE
BOARD OF SUPERVISORS ON MAY 3, 17 AND 31, 2011

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

 

Tuesday, April 26, 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:

   

No member of the public wished to speak.

   

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agenda are approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda.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

   
 

County Negotiator: Diana Doughtie

   
 

There was no discussion on this item.

   

B)

Conference with Legal Counsel – Existing Litigation

   
 

Perry v. Brown

 

California Supreme Court Case No. S189476

   
 

The Board of Supervisors took action to join Santa Clara County in the filing of an Amicus Curiae brief with the California Supreme Court in Perry v. Brown, the federal challenge to Proposition 8. The brief will take the position that the proponents of statewide initiatives do not have standing to stand in the shoes of the state government to defend initiatives on appeal.

   
 

Ray Satorre et al v. Mark Church et al.

 

San Mateo County Superior Court Case No. 504866

   

C)

Conference with Legal Counsel – Anticipated Litigation

   
 

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

   
 

One case

   
 

There was no discussion on this item.

   
 

The Board recessed to closed session at 12:07 p.m.

   
 

The Board reconvened the open session at 12:46.

   

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 (3200) designating April 2011 as Alcohol Awareness Month (Supervisor Don Horsley)

     
   

Speakers recognized by the President:

   

Supervisor Don Horsley, Board of Supervisors

   

Esther Lucas, Health System

   

Sara Randazzo, Redwood City Prevention Partnership

   

Katrina Socco, Youth Leadership Institute

   

Mary Bier, Pacifica Partnership

   

Dr. Faye McNair-Knox, One East Palo Alto

   

John Beiers, County Counsel

     
   

Motion: Jacobs Gibson / Second: Horsley

     
     
     

5.

9:00 a.m.

Presentation of a proclamation () by the Mayor of the City of San Bruno, Jim Ruane, thanking the County of San Mateo for their support and assistance after the San Bruno explosion and fire (Supervisor Carole Groom)

     
   

Speakers recognized by the President:

   

Jim Ruane, Mayor, City of San Bruno

   

Supervisor Carole Groom, Board of Supervisors

   

Supervisor Don Horsley, Board of Supervisors

   

Supervisor Adrienne Tissier, Board of Supervisors

   

Supervisor Rose Jacobs Gibson, Board of Supervisors

     

6.

9:00 a.m.

Public hearing to consider an appeal of the Planning Commission’s approval of a Minor Subdivision, Use Permit, Grading Permit, Coastal Development Permit, Architectural Review Permit and Certification of a Mitigated Negative Declaration for the subdivision of a 12.4 acre parcel into four proposed parcels and development of two single-family dwellings on one of the four proposed parcels located at 7625 Stage Road, unincorporated San Gregorio (Applicants/ Owners: George and Mary Cattermole / Appellants: Shauna McKenna and David Rhodes). This project is appealable to the California Coastal Commission. (Planning and Building)

     
   

A)

Report and recommendation

       
   

B)

Close public hearing

       
     

Motion: Jacobs Gibson / Second: Tissier

       
   

C)

Approve or deny appeal

       
     

Speakers recognized by the President:

     

Jim Eggemeyer, Planning and Building

     

Supervisor Don Horsley, Board of Supervisors

     

Dean Peterson, Environmental Health

     

Supervisor Carole Groom, Board of Supervisors

     

Supervisor Adrienne Tissier, Board of Supervisors

     

George Cattermole, Applicants / Owners

     

Shauna McKenna, Appellant

     

Bill Sanders, San Gregorio

     

Ron Sturgeon, San Gregorio

     

Dana O’Neill, San Gregorio

     

David J. Rhodes, Appellant

     

Cathy Chenoweth, San Gregorio

     

Kerry Burke, Half Moon Bay

     

Supervisor Rose Jacobs Gibson, Board of Supervisors

       
     

Motion: Horsley / Second: Tissier

       
     

This item was continued to the meeting of May 24, 2011

     

7.

9:15 a.m.

Public hearing to consider the adoption of a resolution and ordinances resubmitting Local Coastal Program (LCP) Land Use Plan and Zoning amendments (Midcoast LCP) for California Coastal Commission certification (Planning and Building)

     

A)

Report and recommendation

   

B)

Close public hearing

   
 

Motion: Tissier / Second: Jacobs Gibson

   

C)

Adopt a resolution () directing staff to submit the proposed LCP Land Use Plan amendments for Coastal Commission review and certification without modification

   

D)

Adoption of the following ordinances () amending the San Mateo County Ordinance Code and waiver of reading the ordinances in their entirety:

   
 

1)

Chapter 20, S-105 District revising Section 6300.14.50, adding Sections 6300.14.60 and 6300.14.100

     
 

2)

Chapter 20, S-17 District revising Section 6300.2.5, adding Sections 6300.2.7 and 6300.2.11

     
 

3)

Chapter 20, S-94 District revising Section 6300.9.11.60, adding Sections 6300.9.11.70 and 6300.9.11.110

     
 

4)

Chapter 15, Neighborhood Commercial, C-1 District revising Section 6251, adding Sections 6253 and 6254, and appendix showing the project area map

     
 

5)

Chapter 20, Section 6300, S District regulations revising Section 6300

     
 

6)

Chapter 16.5, Coastside Commercial Recreation District adding Sections 6269.6 and 6270.7

     
 

7)

Chapter 18.5, Waterfront District adding Sections 6288.0.4 and 6289.1.5, and revising Section 6289.2

     
 

8)

Chapter 17, Light Industrial, M-1 District adding Sections 6276 and 6277

     
 

9)

Adding Chapter 12.6, Sections 6229.0 through 6229.4

     
 

10)

Section 6115, Zoning Maps to rezone parcels at the Burnham Strip, El Granada area from COSC/DR to EG/DR

     
 

11)

Chapter 21A, Planned Agricultural District revising Section 6358, adding Sections 6360, 6361 and 6362

     
 

12)

Chapter 36, Resource Management-Coastal Zone (RM-CZ) District revising Section 6908A, adding Sections 6908C, 6908D and 6908E

     
 

13)

Section 6115, Zoning Maps to rezone land near Montara from RM-CZ to RM-CZ/DR and from PAD to PAD/DR

     
 

14)

Chapter 28.1 Design Review District revising Section 6565.1.A, adding Sections 6565.1.B, 6565.20(I) and revising 6565.7

     
 

15)

Chapter 8, Grading Regulations revising Section 8605.6

     
 

16)

Chapter 3, Parking Regulations revising Section 6118

     
 

17)

Section 6115, Zoning Maps to rezone parcels within the Devil’s Slide bypass alignment property from RM-CZ and R-1/S-17 to COSC and to place a linear park and trail overlay designation on the Devil’s Slide bypass alignment property between the McNee Ranch acquisition of Montara Beach State Park and Highway 1

     
 

18)

Chapter 1, General Provisions adding Section 6102.49.05 to define hydromodification

     
   

Speakers recognized by the President:

   

Steve Monowitz, Planning and Building

   

Supervisor Don Horsley, Board of Supervisors

   

Supervisor Adrienne Tissier, Board of Supervisors

   

Len Erickson, Mid Coast Community Council

   

Bill Sanders, Menlo Park

   

Ann Carey, Menlo Park

   

Paul Perkovic, Montara Water and Sanitary District

   

Lyndall Erb, Equestrian Trail Route Access Council/Coastside Horse Council

   

Lennie Roberts, Committee for Green Foothills

   

Judy Taylor, Chamber of Commerce

   

Hugh Doherty, El Granada

   

Terry Gossett, Californians for Property Rights

   

KathyAbadie, Montara

   

Paul Stewart, San Mateo County Association of Realtors

   

Teresa McNamara, Department of Transportation

   

April Vargas, Montara

   

Supervisor Carole Groom, Board of Supervisors

   

John Beiers, County Counsel

   

Supervisor Rose Jacobs Gibson, Board of Supervisors

   

David S. Boesch, County Manager

     
   

Motion: Jacobs Gibson / Second: Tissier

     
   

This item was continued to the meeting of May 24, 2011

REGULAR AGENDA

COUNTY MANAGER

8.

County Manager’s report

   
 

Analysis of the FY 2011-12 adopted State budget trailer bills

   
 

David S. Boesch, County Manager discussed and referred to the 13 Trailer Bills outlined in the Board memo. Mr. Boesch informed the Board that the Governor will release his revised budget May 16, 2011. Mr. Boesch gave the Board an overall update on state and federal budgets, reductions, and what programs/services will be affected.

BOARD OF SUPERVISORS

9.

Board members’ committee reports

   
 

Supervisor Adrienne Tissier announced the 3rd Annual Home Foreclosure Workshop to be held on Saturday, May 14, 2011 from 10:00 a.m. to 1:00 p.m. at Westmoor High School, 131 Westmoor Avenue, Daly City.

   
 

Supervisor Carole Groom reminded everyone that Streets Alive! will take place on Sunday, May 1, 2011 in various cities throughout the county.

   

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.

 

10.

Approve the minutes for the meeting of April 12, 2011

BOARD OF SUPERVISORS

11.

Resolution (071355): (Supervisor Carole Groom)

   
 

A)

Designating the San Mateo County Arts Commission as the County’s local arts partner with the California Arts Council

     
 

B)

Authorizing the County Superintendent of Parks to submit an application to the State-Local Partnership Development Program for a technical assistance grant and execute the grant contract if awarded in the amount of $10,000

     

12.

Recommendation for the appointments to the Commission on the Status of Women: (Supervisors Carole Groom and Adrienne Tissier)

     
 

A)

Manufou Liaiga-Anoái and Clarissa Ocampo, terms expiring December 31, 2012

     
 

B)

Becky Abens, term expiring December 31, 2013

     
 

C)

Solmaz Rafiee-Tari for a term expiring December 31, 2014

     

13.

Resolution (3201) honoring Michael Paolercio upon his retirement from the Board of Directors of Caminar (Supervisor Don Horsley)

   

14.

Ratification of a resolution (3202) honoring and commending the City of Belmont for its dedication to preserving history through the renovation and relocation of Emmett House (Supervisor Carole Groom)

   

15.

Ratification of a resolution (3203) honoring Mills-Peninsula Health Services upon the construction of the new Mills-Peninsula Medical Center (Supervisor Carole Groom)

   

16.

Ratification of a proclamation (3204) designating April 14, 2011 as Mothers’ Clubs Day (Supervisor Carole Groom)

COUNTY MANAGER

17.

Resolution (071356) enacting Section 31641.04 of the Government Code enabling otherwise eligible employees in certain classifications within the Assessor-County Clerk-Recorder’s Office, Controller’s Office, Probation Department and the Human Services Agency to select an early retirement option as an alternative to layoffs

HEALTH SYSTEM

18.

Resolution (071357) authorizing:

   
 

A)

An agreement with Lonny Davis doing business as Davis Guest Home, Inc. for the provision of residential and transitional care services for difficult to place clients for FYs 2011-14 in an amount not to exceed $270,000, $8,460 is 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

   

19.

Resolution (071358) authorizing:

   
 

A)

An agreement with Health Advocates, LLC for the provision of cost recovery services at the San Mateo Medical Center for the term of May 1, 2011 through April 30, 2014 in an amount not to exceed $2,952,000 to be paid on a contingency basis from amounts recovered under the agreement

     
 

B)

Health Advocates, LLC to undertake certain legal actions in support of the cost recovery services outlined in the agreement

   
 

C)

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

   

20.

Resolution (071359) authorizing:

   
 

A)

An agreement with Healthcare Cost Solutions for the provision of coding compliance reviews on government reimbursed charges at the San Mateo Medical Center for the term of May 1, 2011 through April 30, 2014 in an amount not to exceed $300,000

   
 

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

   

21.

Resolution (071360) authorizing:

   
 

A)

An agreement with Paul R. Linquist, MD for the provision of specialty orthopedic services for the term of April 1, 2011 through March 31, 2013 in an amount not to exceed $350,000

   
 

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

   

22.

Resolution (071361) authorizing:

   
 

A)

An amendment to the agreement with American Medical Response West for the 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 June 30, 2011, increasing the amount by $62,240 to $2,008,440, no Net County Cost

   
 

B)

The acceptance of a donation from the Police Chief’s and Sheriff’s Association to help fund the agreement in the amount of $117,000

   

23.

Resolution (071362) authorizing an amendment to the agreement with Free At Last for the provision of alcohol and other drug services, increasing the amount by $25,000 to $5,098,962, no Net County Cost

   

24.

Resolution (071363) authorizing an amendment to the agreement with the Health Plan of San Mateo for the provision of administration of the Consolidated Access and Care for Everyone Program, increasing the number of participants for the third party administrative services, increasing the amount by $84,852 to $8,454,852, no Net County Cost

   

25.

Resolution (071364) authorizing:

   
 

A)

An amendment to the agreement with MedAssets Supply Chain Systems, LLC adding an affiliate, the Broadlane Group, Inc., for the provision of additional purchasing options, updating the agreement’s terms and clarifying the duration of the initial term, 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

   

26.

Resolution (071365) authorizing an amendment to the agreement with One East Palo Alto, adding the Mental Health First Aid Program and the High School Behavioral Health Career Pathways Project, increasing the amount by $33,151 to $210,880, no Net County Cost

   

27.

Resolution (071366):

   
 

A)

Waiving the Request for Proposals process and authorizing the Chief of the Health System to execute an amendment to the agreement with the Peninsula Humane Society & SPCA for the provision of animal control and licensing services to the County and its 20 cities, extending the term through June 30, 2015, increasing the amount by $22,206,977 to $61,209,045, $154,955 is Net County Cost

   
 

B)

Authorizing the Chief of the Health System to execute an amendment to the agreement with the 20 cities of the County for the provision of animal control services, extending the term through June 30, 2015

   

28.

Resolution (071367) waiving the Request for Proposals process and authorizing the Purchasing Agent to issue purchase orders to QS/1 Data Systems for the provision of proprietary licensed software, maintenance, upgrades and support for FY 2010-12 in the amount of $150,000

   

29.

Adoption of an ordinance (04551) amending the salary ordinance decreasing 2 Patient Services Office Manager positions and increasing 1 Financial Services Manager II and 1 Patient Services Supervisor – E positions in the San Mateo Medical Center, previously introduced on April 12, 2011 and waiver of reading the ordinance in its entirety

HOUSING

30.

Resolution (071368) authorizing the:

   
 

A)

Department of Housing to conduct a pilot program to loan funds to qualified non-profit organizations to acquire and rehabilitate vacant, bank-owned, foreclosed single-family homes to resell to qualified low-income buyers, no Net County Cost

     
 

B)

Director of the Department of Housing or his designee to execute up to four loan agreements for a maximum of $300,000 each and related security instruments for transactions conforming to existing loan program guidelines with certain modifications

HUMAN RESOURCES

31.

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

   
 

Colleen Masterson

Gabriel Vera

     
 

Randazzo Enterprises, Inc.

 
   

32.

Adoption of an ordinance (04552) amending the salary ordinance and accepting the report on the total number of positions in the County, previously introduced on April 12, 2011 and waiver of reading the ordinance in its entirety

HUMAN SERVICES

33.

Resolution (071369) authorizing amendments to the agreements to add the California Department of Education allocations for FY 2010-11, no Net County Cost:

   
 

A)

Child Care Coordinating Council, increasing the amount by $563,641 to $4,771,546

     
 

B)

Professional Association for Childhood Education, increasing the amount by $241,561 to $2,044,950

     
     
     
     
     

PUBLIC WORKS

34.

Resolution (071370):

   
 

A)

Adopting plans and specifications, including conformance with prevailing wage scale requirements for the resurfacing of Mountain View Place, Bel Aire Road, Linden Lane, Laurie Lane, CSM Drive, Timberlane Road, Parrott Court, Kristin Court and Los Altos Place, San Mateo Highlands area, unincorporated San Mateo County

     
 

B)

Awarding a contract to G. Bortolotto & Company, Inc. in the amount of $211,211.11

     
 

C)

Authorizing the Director of the Department of Public Works to execute subsequent change orders in an amount not to exceed $31,688.89

     
 

D)

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

   
   
   
 

The meeting was adjourned at 12:48 p.m. in memory of Brian Brumm and Donald Vaillancourt.