PLEASE NOTE THERE WILL BE NO MEETING OF THE
BOARD OF SUPERVISORS ON AUGUST 13, 2002

A COPY OF THE BOARD OF SUPERVISOR'S AGENDA PACKET IS AVAILABLE FOR REVIEW AT THE LAW LIBRARY, 710 HAMILTON STREET @ MARSHALL STREET, ACROSS FROM THE HALL OF JUSTICE AND RECORDS. THE LIBRARY IS OPEN MONDAY THRU THURSDAY 8 A.M. - 9 P.M., FRIDAY 8 A.M. - 5 P.M., AND SATURDAY AND SUNDAY 12 P.M. - 4 P.M.

If you wish to speak to the Board, please fill out a speaker's slip located on the table near the door. If you have anything that you wish distributed to the Board and included in the official record, please hand it to the Clerk of the Board who will distribute the information to the Board members and staff.

Tuesday, August 6, 2002

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

PLEDGE OF ALLEGIANCE

ROLL CALL - All Supervisors Present

1.

8:15 a.m.

CLOSED SESSION

1)

Negotiations - DSA
County Negotiator - Keith Fleming

Negotiations - OSS
County Negotiator - Keith Fleming

Negotiations - SEIU (IHSS)
Public Authority Negotiator - Lee Finney

No Report

2.

9:00 a.m.

REGULAR AGENDA (SEE PAGE 4)

CONSENT AGENDA (SEE PAGE 6)

Nevin/Church - The agenda was approved with the following changes: Item 3 was moved to the end of the regular agenda, Items 2A and 3A were added to the agenda.

3.

ORAL COMMUNICATIONS

Speakers recognized by the President:
Dr. Mav Mikhael, P.O. Box 3337, Daly City 94015-0337
Paul Perkovic, P.O. Box 371149, Montara 94037-1149
Concesa Carrigas, SEIU Local 715
Myriam Escamilla, SEIU Local 715
Marvin Hendrix, SEIU Local 715
Charmine Breckenridge, SEIU Local 715
Maurice Williams, SEIU Local 715
Palmyra Breakenridge, SEIU Local 715
Bernadine Patino, SEIU Local 715
Charlotte Johnson, SEIU Local 715
Dave Ganju, SEIU Local 715
Ronald Davis, SEIU Local 715
Berta Alfaro, SEIU Local 715
Fatima Ramirez, SEIU Local 715
Ren Guo, SEIU Local 715
Drizey Plancarte, SEIU Local 715
Laura Marjarrez, SEIU Local 715
Joey Pegueros, SEIU Local 715
Leticia Pegueros, SEIU Local 715
Sue Chavez, SEIU Local 715
Satnam Kaur, SEIU Local 715
Fidelia Herrera, SEIU Local 715
Shaw San Liu, SEIU Local 715
Rosa Moreno, SEIU Local 715
Rosa Ortiz, SEIU Local 715
Cresencia Hernandez, SEIU Local 715

Clara Garcia, SEIU Local 715

4.

9:00 a.m.

Hearing to consider a resolution (065471) adopting the 2002-03 Garbage and Recyclables Collection Service Charges Report for County Services Area No. 8 and directing its filing with the Clerk of the Board (Public Works Director):

1)

Report and recommendation

2)

Close hearing - Nevin/Gordon

3)

Adopt resolution - Nevin/Gordon

Speakers recognized by the President:
Neil Cullen, Director of Public Works

5.

9:30 a.m.

Hearing to consider a resolution (065472)establishing a Class B Agricultural Preserve for a 47.15 acre parcel located at 2500 Lobitos Creek Road, unincorporated San Gregorio area (Environmental Services Agency Director):

1)

Report and recommendation

2)

Close hearing - Nevin/Church

3)

Adopt resolution - Gordon/Church

Speakers recognized by the President:
Terry Burnes, Planning Administrator, Environmental Services Agency

6.

9:45 a.m.

Hearing to consider an amendment to the Condition of Approval No. 20 for a new single-family residence, second dwelling unit and parcel merger for the installation of a new fire hydrant, for the project located at 386/390-9^th Street, unincorporated Montara area (Environmental Services Agency Director):

1)

Report and recommendation

2)

Close hearing - Nevin/Gordon

3)

Approve amendment - Nevin/Church

Speakers recognized by the President:
Terry Burns, Planning Administrator
James Unger, 1480 East Avenue, Montara 94037
Tim Cremin, 5100 B-1 Clayton Road #251, Concord 94521
Therese Smith, P.O. Box 3593, Half Moon Bay 94019
Paul Perkovic, P.O. Box 371149, Montara 94037-1149
Kathryn Slater-Carter, P.O. Box 370321, Montara 94037
Sue Chavez, SEIU

7.

10:00 a.m.

Hearing to consider:

1)

Accepting a gift of funds to offset costs incurred in an Advisory Election regarding the extension of the Midpeninsula Regional Open Space District boundaries

2)

A resolution calling an Advisory Election regarding the extension of the Midpeninsula Regional Open Space District boundaries (County Counsel)

This resolution was not adopted.

Speakers recognized by the President:
Tom Casey, County Counsel
Lennie Roberts, 339 La Cuesta, Portola Valley 94028
Carol Simon, 721 Madrone Avenue, Pescadero 94060
Meg Delano, 441 Wurr Road, Loma Mar 94021
John Donovan, 66 Wurr Road, Loma Mar 94021
Mario Pellegrini, 1430 Audubon Avenue, Montara 94037
Paul Perkovic, P.O. Box 371149, Montara 94037-1149
Susan Schectman, 330 Distel Circle, Los Altos 94022
Irma Mitton, P.O. Box 864, Pescadero 94060
Chris Thollaug, 725 San Pedro Mountain Road, Montara 94037
Oscar Braun, 1589 Higgins Canyon Road, Half Moon Bay 94019

Craig Brittan, 330 Distel Circle, Los Altos 94022
Hertha Harrington, 78 Morse Lane, Woodside 94062
Mary Daney, 12645 La Cuesta Drive, Los Altos Hills 94022-2512
Marta Sehnal, 7915 Aldine Road, La Honda 94020
John Lynch, 2098 Tourning Lane, Half Moon Bay 94019
Jessica Agramonte, 990 Pilarcitos Avenue, Half Moon Bay 94019
Deborah Vento, P.O. Box 505, Pescadero 94060
Zoe Kersteen-Tucker, 776 Buena Vista, Moss Beach 94035
Lani Rehm, 59 Guerrero Avenue, Half Moon Bay 94019Toni Taylor, Mayor, Half Moon Bay, 65 San Pablo Avenue, Half Moon Bay 94019
Kathryn Slater-Carter, P.O. Box 370321, Montara 94037
Nina Pellegrini, 1430 Audubon Avenue, Montara 94037
Maeva Neale, P.O. Box 750, Pescadero 94060
Hayden Coggins, 300 Woodland Vista, La Honda 94020
Guy Coggins, 319 Spruce Street, Redwood City 94063
John Dixon, P.O. Box 537, Pescadero 94060
Norette Hanko, 3172 Emerson Street, Palo Alto 94306
Ken Nitz, 1615 Virginia Avenue, Redwood City 94061
Pete Siemens, 69 Ellenwood, Los Gatos 95030
Cathy Woodbury, 330 Distel Circle, Los Gatos 95030
Bern Smith, P.O. Box 1583, El Granada 94018
Geoff Allan, 1001 Ranch Road, Pescadero 94060
April Vargas, P.O. Box 370265, Montara 94037
Julie Lancelle, 224 Modoc Place, Pacifica 94044
Jim Rourke, P.O. Box 222, Pescadero 94060
Jim Norris, P.O. Box 112, Pescadero 94060
David Beaumont, Moss Beach 94037
Supervisor Rich Gordon, Board of Supervisors

Supervisor Rose Jacobs Gibson, Board of Supervisors

Gordon/Nevin - Not to accept funds for this Advisor Election.

Nevin/Jacobs Gibson - Oppose resolution

8.

10:15 a.m.

Adoption of an ordinance (04126) regarding consumer financial information privacy (Supervisor Mike Nevin)

Speakers recognized by the President:
Supervisor Mike Nevin, Board of Supervisors
Tom Casey, County Counsel
Lisa J. Stevens, Wells Fargo, 4^th Street, San Mateo
Leland Chan, California Bankers Association, 201 Mission Street, San Francisco 94105
Craig Newmark, 1010 Cole Street, San Francisco 94117
Paul Perkovic, P.O. Box 371149, Montara 94037-1149
Linda Ackerman, 454-2^nd Avenue, San Francisco 94118
Marlene De Lancie, American Civil Liberties Union, 521 Dorchester Road, San Mateo 94402
Leticia Pegueros, SEIU Local 715
Greg Munks, Under Sheriff

Jim Fox, District Attorney

Supervisor Mark Church, Board of Supervisors

Nevin/Jacobs Gibson

9.

Resolution (065473) authorizing the Director of Public Works to:

1)

Discontinue the "trial" employee East Bay Shuttle Service effective August 30, 2002

2)

Transition the County operated vanpool program to be operated and maintained directly by program participants by July 1, 2003

3)

Expand the transit subsidy to County workers participating in vanpool programs that are directly operated by the participants

Speakers recognized by the President:
Neil Cullen, Director, Public Works
Supervisor Mike Nevin, Board of Supervisors
Dewayne Johnson, 1317-104^th Avenue, Oakland 94603
Willie Lee Scott Jr., 4353 Roma Lane, Stockton 95206

Supervisor Hill asked for a report back in six months on the success and participants of the private vanpool program.

Nevin/Church

10.

County Manager's report

2A.

The following item was added to the agenda:

Resolution in opposition to SB 1732 (Escutia), Court Facilities, because it proposes an inequitable sharing of responsibilities, unfair financial adjustment and imbalanced process for the shifting of valuable county financed assets to the state

Gordon/Church

11.

Resolution (065474):

1)

Establishing the Peninsula Democracy Corps Program

2)

Authorizing County personnel, subject to approval from their Department Heads, to serve as poll workers on election day and to receive their normal pay for the day as well as the normal stipend paid to poll workers (Supervisor Mark Church)

Speakers recognized by the President:
Warren Slocum, Assessor-County Clerk-Recorder
Supervisor Mike Nevin, Board of Supervisors
Linda Gregory, AFSME
Paul Perkovic, P.O. Box 371149, Montara 94037-1149

Church/Jacobs Gibson

12.

1)

Certify the Negative Declaration based on the proposed changes to the Well Ordinance by making the following findings that (Supervisor Mark Church and Supervisor Rich Gordon):

a)

The Negative Declaration is complete, correct and adequate and prepared in accordance with the California Environmental Quality Act and applicable State and County guidelines

b)

On the basis of the Initial Study, comments received hereto, and testimony presented and considered at the public hearing, there is no substantial evidence that the proposed changes to the Well Ordinance will have a significant effect on the environment

c)

The Negative Declaration reflects the independent judgment of the Board of Supervisors

2)

Introduction of an ordinance amending Chapter 4.68 of the San Mateo County Ordinance Code relating to Standards for domestic wells, unincorporated Midcoast area and waiver of reading the ordinance in its entirety

This item was continued to the meeting of August 20, 2002 for adoption.

Speakers recognized by the President:
Supervisor Rich Gordon, Board of Supervisors
Kerry L. Burke, Route 5, P.O. Box 2700, Mill Creek 96061
Jim Wilkinson, 890 Sonora Avenue, Half Moon Bay 94019
Ralph N.Ely, 2191 St. Andrews Road, Half Moon Bay 94019
Vic Abadie, P.O. Box 81, Montara 94037
David Beaumont, P.O. Box 839, Moss Beach 94038

Kathryn V. Slater-Carter, P.O. Box 370321, Montara 94037
Tom Casey, County Counsel
Terry Burns, Planning Administrator
Dean Peterson, Director, Environmental Health

Supervisor Gordon would like to add the wording "In the Midcoast all pumping tests shall be performed by or under the supervision of a registered geologist or a registered civil engineer and certified by the signature of the same" to Section 4.68.190, Item 6 of the Ordinance.

Gordon/Church

13.

Board members' committee reports

14.

Legislative Subcommittee meeting after adjournment of regular meeting

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.

Resolution (065475) waiving the Request for Proposal process and authorizing an agreement with James H. Tapscott to provide information technology management services for FY 2002-03, in an amount not to exceed $156,000

16.

Resolution (65476) authorizing the Chief Elections Officer to render specified Election Services for the City of Belmont, Daly City, Town of Hillsborough, Hillsborough City School District, Peninsula Health Care District, Sequoia Healthcare District, Midpeninsula Regional Open Space District and Menlo Park Fire Protection District in conjunction with the Gubernatorial General Election to be held on November 5, 2002

17.

Introduction of an ordinance amending Chapter 2.196 of the San Mateo County Ordinance Code concerning the reassessment of damaged or destroyed property in order to reflect recent changes to Section 170 of the California Revenue & Taxation Code, and waiver of reading the ordinance in its entirety

This item was continued to the meeting of August 20, 2002 for adoption.

18.

Ratification of a proclamation (2003) designating July 26, 2002 as "Coach Gene Tate" Day (Supervisor Rose Jacobs Gibson)

19.

Ratification of a resolution (2004) commending Good Tiding Foundation for providing the resources to refurbish the baseball field at Jack Farrell Park (Supervisor Rose Jacobs Gibson)

20.

Ratification of a resolution (2005) honoring Jason Schmidt for his contribution to the Jack Farrell Park renovation project (Supervisor Rose Jacobs Gibson)

21.

Recommendation for appointment of Larry J. Shaw to the Investment Advisory Committee to serve at the pleasure of the Board of Supervisors (Supervisor Jerry Hill and Supervisor Rich Gordon)

3A.

The following item was added to the agenda:

Approve the concept of a Farm Summit for San Mateo County by agreeing to commit staff resources to help develop the Summit and be the lead sponsor (Supervisor Rich Gordon)

22.

Introduction of an ordinance amending Section 2.12.230 of the San Mateo County Ordinance Code relating to claims for money or damages, and waiver of reading the ordinance in its entirety

This item was continued to the meeting of August 20, 2002 for adoption.

23.

Resolution (065477) authorizing:

1)

An agreement with the City and County of San Francisco, through the Airport Commission, to guarantee revenue for child care services for FY 2002-03, in an amount not to exceed $360,000

2)

An agreement with the PALCARE, through the Airport Commission, to guarantee revenue for child care services for FY 2002-03, in an amount not to exceed $360,000

3)

A 20-year operating agreement with PALCARE for the county-owned facility located at 945 California Drive, Burlingame

Speakers recognized by the President:
Nirmala Dillman, 945 California Drive, Burlingame 94010

24.

Revision Order No. 9 related to Phase 5C, '54 Building Remodel, San Mateo County Health Center to Turner Construction Company, in the additive amount of $106,820

25.

Accepting the response to the 2001-2002 Grand Jury report and recommendations concerning security at San Mateo County courthouses

26.

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 August 20, 2002 for adoption.

27.

Report recommending denial of the following claims:

Claims (Non-Culpable)

Kathleen Bouvia

Eric Sean Miller

John Darden

Angel Navarro

Miguel Diaz (2 claims)

Aaron Nicholson

Ileana Estrada-Prado

Marshall (Skip) T. Speer

Larry and Sharon Fuhs

Deanna White

Martin Lu

James Williams

Dennis Majerus

28.

Resolution (065478) authorizing an amendment to the agreement with Gambro Healthcare to provide acute dialysis for patients at San Mateo County General Hospital for FYs 2001-03, increasing the amount by $250,000 to $500,000

29.

Resolution (065479) authorizing the Controller to pay non-contract physicians who provide medical services for San Mateo County General Hospital for the term of February 1, 2002 through March 31, 2002, in an amount not to exceed $70,000

30.

Resolution (065480) authorizing the Controller to continue payments on Alcohol and Drug Services contracts for the term of July 1, 2002 through December 31, 2002, in an amount not to exceed $977,369

31.

Adoption of an ordinance (04127) establishing bicycle lanes on a portion of Skyline Frontage Road, from its intersection with Hayne Road/Golf Course Drive to the Hillsborough Town limits near Chateau Drive, and waiver of reading the ordinance in its entirety

32.

Introduction of an ordinance establishing a disabled parking zone on Farallone Avenue, Montara area, and waiver of reading the ordinance in its entirety

This item was continued to the meeting of August 20, 2002 for adoption.

33.

Resolution (065481) awarding the contract to Graniterock Co. dba Pavex Construction Division for the reconstruction of Santiago Avenue and a portion of Milton Street, in an amount not to exceed $344,000

34.

Resolution (065482) awarding the contract to G. Bortolotto and Co. for the resurfacing of various streets in the Oak Knoll area, in an amount not to exceed $90,700

35.

Resolution (065483) authorizing an amendment to the agreement with Pinkerton Security & Investigation Services, extending the term for three years and authorizing annual payments from various departments and funding sources of approximately $2.4 million, based on usage

The meeting adjourned at 12:32 p.m. in memory of Anastacio Silva and Jim Castanio, to reconvene on Tuesday, August 20, 2002 at 8:15 a.m. in Closed Session - Litigation and Personnel Matters, and thereafter for the regularly scheduled Board meeting.