PLEASE NOTE THERE WILL BE NO MEETING OF THE
BOARD OF SUPERVISORS ON MAY 20, 2003

ALL AGENDA ITEMS AND STAFF RECOMMENDATIONS HAVE BEEN APPROVED AND/OR ADOPTED BY UNANIMOUS VOTE UNLESS OTHERWISE NOTED BELOW THE ITEM.

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

Tuesday, May 6, 2003

PLEDGE OF ALLEGIANCE

ROLL CALL - All Supervisors were present.

1.

8:15 a.m.

CLOSED SESSION

1)

Conference with Legal Counsel - Existing Litigation

Burns v. County of San Mateo
USDC C01-04432 SBA

Trailer Rancho Associates v. County of San Mateo

San Mateo Superior Court No. 430869

2)

IHSS Public Authority Negotiations - SEIU

Public Authority Negotiator - Lee Finney

3)

County Negotiations - DSA

County Negotiator - Keith Fleming

Alexander v. County of San Mateo

This item was added as and Urgency Item.

2.

9:00 a.m.

REGULAR AGENDA
CONSENT AGENDA

Nevin/Church

3.

ORAL COMMUNICATIONS

Speakers recognized by the President:

Dianne Whitaker, 741 E. Santa Inez Avenue, San Mateo, 94401

Louise Calabro, EAIF

4.

9:00 a.m.

Resolution (065956) subsequent to a public hearing approving the issuance of bonds by the California Statewide Communities Development Association for financing and refinancing the construction of a residence hall and other educational facilities at Notre Dame de Namur University, Belmont (County Manager)

1)

Report and recommendation

2)

Close hearing - Gordon/Nevin

3)

Adopt resolution - Nevin/Gordon

Speakers recognized by the President:

Paul T. Scannell, Assistant County Manager

5.

9:00 a.m.

Presentation by the American Institute of Architects on the San Mateo County Forensics Lap Top 10 Green Projects (County Manager)

Speakers recognized by the President:

Paul T. Scannell, Assistant County Manager

Allan Bright

Don Horsley, Sheriff

6.

9:15 a.m.

Presentation of a resolution (2122) for Community Law Night Program (Supervisor Rose Jacobs Gibson and Supervisor Jerry Hill)

Speakers recognized by the President:

Judge Mark Forcum

John Digiancinto

Gordon/Church

7.

9:15 a.m.

Presentation of a proclamation (2123) designating May 6, 2003 as World Asthma Day (Supervisor Rose Jacobs Gibson)

Speakers recognized by the President:

Dr. Michael Greenberg

Maxine Sikes

Hill/Gordon

8.

9:15 a.m.

Presentation of a proclamation (2124) designating May 2003 as Mental Health Month (Supervisor Rose Jacobs Gibson)

Speakers recognized by the President:

Gail Bati

Dr. Brown

Nevin/Gordon

9.

9:30 a.m.

This item is continued to June 10, 2003 at 9:45 a.m.

Hearing to consider an appeal of the Planning Commission's approval of a Coastal Development Permit to allow development of a new enclosed deck and increase indoor seating capacity to Barbara's Fishtrap Restaurant located at 281 Capistrano Road within the unincorporated Princeton area (Applicant/Owner: Rick Pedley/Barbara Walsh, Appellant: Keet Neerhan). This project is appealable to the California Coastal Commission. (continued from March 4, 2003) (Environmental Services Agency)

1)

Report and recommendation

2)

Close hearing

3)

Approve or deny appeal

10.

9:45 a.m.

Hearing to consider a resolution (065957) setting the FY 2003-04 Booking Fees at $202 (Sheriff)

1)

Report and recommendation

2)

Close hearing - Nevin/Gordon

3)

Adopt resolution - Church/Nevin

Speakers recognized by the President:

Don Horsley, Sheriff

Supervisor Jerry Hill, Board of Supervisors

11.

10:00 a.m.

Hearing to consider a resolution (065958):

1)

Approving the FY 2003-04 Action Plan for the use of funds provided under the Community Development Block Grant, HOME Investment Partnership Act Programs and Emergency Shelter Grant

2)

Authorizing submission of required certifications to the United States Department of Housing & Urban Development (Human Services Agency)

a)

Report and recommendation

b)

Close hearing - Hill/Nevin

c)

Adopt resolution - Gordon/Nevin

Speakers recognized by the President:

Maureen Borland, Director, Human Services Agency

Steve Cervantes, Director, Office of Housing

Judy Davila, Manager, Office of Housing

Supervisor Rich Gordon, Board of Supervisors

Cynthia Smith, 1720 El Camino Real, Burlingame

Rollie Wright, 501 Main Street, Half Moon Bay, 94019

Bob Rybicki, 609 Price, Redwood City

Sarah Lambert, 209 2^nd Avenue, San Mateo, 94401

Andrea Papanastassion, 658 Bair Island Road Suite 300, Redwood City, 94063

Faye McNair-Knox, 1395 Bay Road, East Palo Alto, 94303

Hope Nakamura, 521 E. 5^th Avenue, San Mateo, 94402

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

Karla Santamaria, 1419 Burlingame Avenue, Burlingame, 94010

Brooke Ross, 1051 Bing Street, San Carlos

George Starmer, 701 Laurel, Menlo Park, 94025

Michele Jackson, 1450 Chapin Avenue, Burlingame, 94010

Kitty Lopez, Executive Director, Samaritan House

Geetha Thaker, 1515 S. Claremont, San Mateo, 94403

Judy Gaither, 364 S. Railroad Avenue, San Mateo, 94401

Graydon Simser, 99 Avenue, El Granada, 94018

Eve Agiewich, 795 Willow Road, Bldg. 323D, Menlo Park, 94025

Nirmala Dillman, 945 California Drive, Burlingame, 94010

Reagan Flagler, 1730 Bay Road, East Palo Alto, 94303

Supervisor Gordon -
1. Will meet with Half Moon Bay regarding Senior Service Center
2. Ombudsman program be eliminated

3. Legal Aid Homesavers Program be increased by $5,000

4. HIP Housing Homesharing Program be increased by $5,000

5. Fair Housing fund be eliminated

6. Project Sentinal Program be increased by $10,000

Human Services Agency report back in January on unspent HCD funds and under funded programs and projects

12.

10:30 a.m.

Presentation of a proclamation (2125) designating May 2003 as Older Americans Month (Supervisor Michael Nevin)

Speakers recognized by the President:

Stephen Juel, Health Services Manager

Andre Belaremino, Commission of Aging

Church/Hill

13.

2:30 p.m.

Receipt of bids for the replacement of roofs on the Hall of Justice, North Courts and 455 County Center (Public Works)

14.

Resolution (065959):

1)

Setting the annual fee for License to Operate a Mobilehome Park at $500 for parks with more than 100 spaces and $200 for parks with 100 spaces or less

2)

Delegating to the Treasurer-Tax Collector the authority to increase the fee

This item was moved ton the Consent Agenda.

15.

County Manager's report

1)

Resolution (065960) in support of H.R. 1157 the "Freedom to Read Protection Act of 2003" and the sunset provision in H.R. 3162, USA Patriot Act

Speakers recognized by the President:

John L. Maltbie, County Manager

Mary McMillan, Legislative Director

Supervisor Michael Nevin, Board of Supervisors

Supervisor Mark Church, Board of Supervisors

Supervisor Rich Gordon, Board of Supervisors

Supervisor Jerry Hill, Board of Supervisors

James Laimer

Justin Alley

Nathan Visconti

Beverly Hoffstrom, 1499 Fifth Avenue, Belmont, 94002

Ernest Goitein, 167 Almendral, Atherton, 94027

Hubert J. Morel-Seytoox, 57 Selby Lane, Atherton, 94027

Terry Gossett, 193 Reef Point Road, Moss Beach, 94038

Nina Pellegrini, 1430 Audubon Avenue, Montara, 94037

Mario Pellegrini, 1430 Audubon Avenue, Montara 94037

Alpesh Patel, 3323-2 Los Prados Street, San Mateo, 94403

Don Johnson, 511 5^th Street, Montara, 94037

Ruth Sack, 2248 Shannon Drive, South San Francisco, 94080

Marlene De Lance, 521 Dorchester Road, San Mateo, 94402

Tom Dickerson, 50 San Miguel Avenue, Daly City, 94015

Pat Gray, 1616 Adeline Drive, Burlingame, 94010

James Clifford Sr., 1600 Brewster Avenue, Redwood City, 94062

Jan Adams, 209 Bartlett, San Francisco, 94110

Joe Nixon, 101 Paul Way, Bonny Doon, 95060

Virginia Anderson, 19 Irving, Atherton, 94027

Gail Sredanovic, 2161 Ashton Avenue, Menlo Park, 94025

Supervisor Nevin - Add a sentence to the resolution stating a copy of the resolution will be forwarded to the State.

Church/Nevin

16.

Board members' committee reports

17.

Legislative Subcommittee meeting after adjournment of regular meeting

18.

Minutes of the meeting of September 10, 17, 24, October 8, 22, 29, November 5 and 12, 2002

19.

Resolution (065961) approving the updated Conflict of Interest Code for San Mateo County Employees' Retirement Association

20.

Adoption of an ordinance (04172) amending sections 4.96.030, 4.96.040 and repealing sections 4.96.050 through 4.96.100, 4.96.120 and 4.96.130 of Chapter 4.96, Title 4 of the San Mateo County Ordinance Code relating to the regulation of smoking, previously introduced and waiver of reading the ordinance in its entirety (Supervisor Rose Jacobs Gibson and Supervisor Jerry Hill)

21.

Ratification of a resolution (2126) honoring South Coast Children's Service for their advocacy on behalf of children and their participation in the 6^th Annual Pescadero Coastal Classic Cycling Race (Supervisor Richard Gordon)

22.

Ratification of a resolution (2127) honoring John S. Root for his 15 years of notable service to the San Mateo County Expo Center (Supervisor Jerry Hill)

Hill/Gordon

This item was moved to the Regular Agenda.

23.

Ratification of a resolution (2128) honoring Choices Program and the program leaders who help people take control of improving their lives (Supervisor Richard Gordon)

24.

Ratification of a resolution (2129) honoring the Service League of San Mateo County on the occasion of their 17^th Annual Community Prayer Breakfast (Supervisor Rose Jacobs Gibson)

25.

Ratification of resolutions (2130 and 2131) honoring Captain Richard R. Watson and Sergeant William L. Rodenspiel upon their retirement from the San Bruno Police Department (Supervisor Mark Church)

26.

Recommendation for appointment of the following to the Board of the Commission on Disabilities, terms expiring June 30, 2004 (Supervisor Jerry Hill):

Andy Cohen

Mark Stimson

James Engvall

Gregory Wild

Alicia Marquez

27.

Recommendation for appointment of Vicente Quintana to the position of Parent/Guardian of At-Risk Youth on the TANF Planning Council, term expiring March 31, 2006 (Supervisor Richard Gordon and Supervisor Michael Nevin)

28.

Resolution (065962) authorizing acceptance of an Offer to Dedicate a Conservation Easement Grant from the Wicklow Estate and execution of all necessary documents

29.

Resolution (065963) authorizing an agreement with Frederick L. Herring, Trustee of the William Dwight Duthie 1987 Trust to exchange sanitary sewer easements of equal value, execute a Quitclaim Deed and the Certificate of Acceptance for the Easement Grant Deed

30.

Report recommending denial of the following claims

Claims (Non-Culpable)

Jennifer Blair

Sean Kevin O'Dowd

CSAA/Steven and Mary Thornton

Deborah Oliver-Wilson

Lisa Digiovanni

Nicolas Perez

Kaizad G. Farhadi

Katherine Quintana

James Harris

Red Top Electric Co., Emeryville, Inc.

Kotobuki Trading Company/Aki Kagami

Matthew Roberts

Andrew Milligan

Victoria Rodriguez

Larry Nordgren

State Farm Insurance/Larry James

31.

Resolution (065964) implementing the Memorandum of Understanding with the California Nurses Association for the term of March 27, 2004 through March 25, 2006, in the amount of $7,855,000

32.

Resolution (065965) implementing the Memorandum of Understanding with the Union of American Physicians and Dentists for the term of August 16, 2003 through August 11, 2007, in the amount of $4,685,000

33.

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 May 13, 2003 for adoption.

34.

Resolution (065966) authorizing an amendment to the agreement with the Center for Domestic Violence Prevention to provide additional funding for a new transitional housing program, extending the term through June 30, 2004, increasing the amount by $175,000 to $300,100

35.

Resolution (065967) authorizing an amendment to the agreement with URSA Institute to provide tobacco prevention services enabling a more effective accounting of program expenditures for FYs 2001-04, no Net County Cost

36.

Resolution (065968) authorizing a nine percent increase in client fees for Driving Under the Influence Programs, in all service areas except for the six month First Time Offender Program

37.

Resolution (065969) authorizing an agreement with the California Department of Transportation for exchange of funds for the program entitled Federal Appropriation and State Match, in the amount of $267,402

38.

Resolution (065970) awarding a contract to Dutra Dredging Company for the Coyote Point Marina 2003 Maintenance Dredging Project, in an amount not to exceed $1,081,000

39.

Resolution (065971) adopting plans and specifications, determining prevailing wage scales and calling for sealed proposals for the renovation of windows and glazing at the Maguire Correctional Facility, Redwood City

(Tuesday, June 3, 2003 at 2:30 p.m.)

The meeting adjourned at 11:30 a.m. in memory of Steve Armstrong, to reconvene on Tuesday, May 13, 2003 at 8:15 a.m. in Closed Session - Litigation and Personnel Matters, and thereafter for the regularly scheduled Board meeting.