PLEASE NOTE THERE WILL BE NO MEETING OF THE
BOARD OF SUPERVISORS ON SEPTEMBER 21, 2004

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

The meeting was called to order at 9:05 a.m.

Tuesday, September 14, 2004

PLEDGE OF ALLEGIANCE

ROLL CALL – Present: Supervisors Church, Hill, Gordon, Jacobs Gibson and Nevin

Absent: None

1.

8:15 a.m.

CLOSED SESSION

A)

Conference with Legal Counsel - Anticipated Litigation

One Case

Conference with Real Property Negotiators

Property: APN 047-330-010

County Negotiators: Thomas F. Casey III; John Maltbie

Negotiating Parties: David Byers and Mike McCracken

Under Negotiation: Price and terms

B)

Negotiations - Organization of Sheriffs Sergeants (OSS)

County Negotiator - Lee Finney

No Report

2.

9:00 a.m.

REGULAR AGENDA
CONSENT AGENDA
Nevin/Jacobs Gibson

3.

ORAL COMMUNICATIONS

Speakers recognized by the President:

Michael Stogner, 1655 San Carlos Avenue #8, San Carlos 94070

4.

9:00 a.m.

Hearing to consider the formation of the Alameda Street Tree Maintenance District and the levying of assessments to finance the District, located on Alameda de las Pulgas between Ashton Avenue and Harkins Avenue, West Menlo Park area: (Public Works)

A)

Report and recommendation

B)

Close hearing – Gordon/Jacobs Gibson

C)

If the Board determines to continue with the consideration of the formation of the District and the levying of assessments, continue the item setting the time and date certain in order to give staff time to open and count the ballots sent to the property owners within the proposed District

Speakers recognized by the President”

Neil Cullen, Director of Public Works

Gail Sredanovic, 2161 Ashton Avenue, Menlo Park 94025

Leslie Wambach, 151 Corona Way, Portola Valley 94028

Maggie Heilman, 2011 Sterling Avenue, Menlo Park 90425

Bill Kirsch, Sherman Avenue, Menlo Park 94025

Dale Horelick, 1155 Altschul, Menlo Park 94025

Motion: Item 4-C was continued to the meeting of September 28, 2004. Gordon/Jacobs Gibson

5.

9:15 a.m.

Hearing to consider a resolution authorizing a tax-exempt bond financing to be issued by the California Statewide Communities Development Authority to benefit Italian Gardens, Inc. and the Mid-Peninsula Housing Coalition, in an amount not to exceed $5,000,000: (County Manager)

A)

Report and recommendation

B)

Close hearing – Hill/Nevin

C)

Adopt resolution (066914) – Nevin/Jacobs Gibson

Speakers recognized by the President:

Paul T. Scannell, Assistant County Manger

6.

9:30 a.m.

Presentation and acceptance of a report on the Potable Water Procurement and Distribution Annex Plan (Supervisor Mark Church and Supervisor Rich Gordon)

Gordon/Church

Speakers recognized by the President:

Supervisor Rich Gordon, Board of Supervisors

Lt. Steve Shively, Sheriff’s Office

Bill O’Callahan, Supervising District Coordinator, Sheriff’s Office

Brian Molver, District Coordinator, Sheriff’s Office

7.

9:45 a.m.

Hearing to consider a Use Permit Amendment to replace the existing lighting and increase the number of lighting fixtures and levels providing light to the six existing tennis courts at the Ladera Oaks Swim and Tennis Club located at 3249 Alpine Road, unincorporated Portola Valley area (Appellant/Applicant/Owner: Ladera Oaks Swim and Tennis Club): (Environmental Services Agency)

A)

Report and recommendation

B)

Close hearing

C)

Approve or deny appeal

Speakers recognized by the President;

Tom Moore, President, Ladera Oaks Swim and Tennis Club

This item was continued to the meeting of November 9, 2004. Nevin/Hill

8.

10:00 a.m.

Hearing to consider a request for Design Review to allow construction of a new 3,154 square foot single-family dwelling located on Harte Street, unincorporated Montara area (Owner/Applicant/Appellant: Arthur Galahan). This project is not appealable to the California Coastal Commission: (Environmental Services Agency)

A)

Report and recommendation

B)

Close hearing

C)

Approve or deny appeal

Speakers recognized by the President:

Jim Eggemeyer, Development Review Services Manager

Arthur Galahan, Owner

Supervisor Jerry Hill, Board of Supervisors

Marcia Raines, Director, Environmental Services

Supervisor Mike Nevin, Board of Supervisors

Kathryn Slater-Carter, P.O. Box 370321, Montara 94037

Karen Wilson, P.O. Box 371273, Montara 94037

Chuck Kozak, P.O. Box 370702, Montara 94037

Motion: Supervisor Gordon asked for a report back regarding using wood vs. stucco. Supervisor Hill asked for photographs of the neighborhood.

This item was continued to the meeting of October 5, 2004. Nevin/Jacobs Gibson

9.

10:15 a.m.

Hearing to consider a Use Permit to allow the placement of nine panel antennas onto the upper roof of an existing two-story building and up to seven associated equipment cabinets at ground level in the parking lot that serves the existing building located at 3603 Alameda de las Pulgas, unincorporated West Menlo Park area (Appellant: Mary Ellen Yli-Sikkila, Applicant: Verizon Wireless, Owner: Leonard Robinson): (Environmental Services Agency)

A)

Report and recommendation

B)

Close hearing

C)

Approve or deny appeal - Hill/Nevin

Speakers recognized by the President:

Jim Eggemeyer, Development Review Services Manager

Terry Burnes, Planning Administrator

Paul Albritton, 1 Post Street, San Francisco 94104

Hamid R. Nikravesh, 1033 Lucky Avenue, Menlo Park 94025

Mary Ellen Yli-Sikkik, P.O. Box 62, Menlo Park 94062

Jarmo Ylisikkila, 1051 Lucy Avenue, Menlo Park 94025

Gail Sredanovic, 2161 Ashton Avenue, Menlo Park 94025

Bob Biagini, 1061 Lucky Avenue, Menlo Park 94025

10.

10:30 a.m.

Approve the Final Report of the MidCoast Park and Recreation Task Force and consideration of steps necessary to form a MidCoast Park and Recreation District (Supervisor Rich Gordon) Gordon/Hill

Speakers recognized by the President:

Supervisor Rich Gordon, Board of Supervisors

Leonard Woren, P.O. box 1375, El Granada 94018-1375

Fran Pollard, P.O. 832, El Granada 94018

Leni Schultz, 111 Balboa Avenue, El Granada 94018

Kathryn Slater-Carter, P.O. Box 370321, Montara 94037

Gail Erickson, 242 Francisco Street, El Granada 94018

Motion: LAFCo was asked to report back on the analysis of options to organize and deliver a park and recreation district.

11.

1:30 p.m.

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

12.

Resolution authorizing the Director of Public Works to use water delivered to County Service Area No. 11 (CSA 11) to: (continued from August 31, 2004)

A)

Maintain the water distribution system that serves CSA 11

B)

Use up of 210,000 gallons of water per year for road maintenance, including potable water at the Pescadero Maintenance Yard, Pescadero area

This resolution was not adopted.

Motion: Supervisor Gordon asked that water flushing of lines and hydrants be set at a minimum and the hydrants be locked. Gordon/Jacobs Gibson

Speakers recognized by the President;

Neil Cullen, Director, Public Works

Supervisor Jerry Hill, Board of Supervisors

Jim Rourke, P.O. Box 222, Pescadero 94060

13.

County Manager’s report:

A)

Resolution (066916) in support of AB 358 (Jackson), Gender discrimination

B)

Resolution 066917) in support of AB 1793 (Yee), Video game ratings

C)

Resolution (066918) in support of AB 3042 (Yee), Enhanced sentencing

D)

Resolution (066919) in support of Proposition 59, Public Records, Open Meetings

E)

Resolution (066920) in opposition to Proposition 68, Non-Tribal Commercial Gaming Expansion

F)

Resolution (066921) in opposition to Proposition 70, Tribal Gaming Compacts

Speakers recognized by the President:

Nick DeLuca, 111 Anza, Burlingame 94010

With the exception of 13-E the rest of the resolutions were moved to the Consent Agenda. Hill/Gordon

14.

Board members’ committee reports

15.

Legislative Subcommittee meeting after adjournment of regular meeting

16.

Ratification of a resolution (2301) honoring Judge Margaret J. Kemp upon the occasion of her retirement from the Superior Court of San Mateo County (Supervisor Mark Church)

17.

Resolution (066922) in support of Measure Q (Supervisor Mark Church and Supervisor Mike Nevin) Nevin/Church. Supervisor Gordon abstained.

This item was moved to the Regular Agenda.

Speakers recognized by the President:

Peggy Bruggman, 330 Alden Street, Redwood City 94063

Hilary Pavlson, 3733 Country Club Drive, Redwood City 94061

Kathy Conte, 349 Orchard Avenue, Redwood City 94061

Dave Hyman, 201 Santa Dominga, San Bruno 94066

Gwenyth J. Scove, 330 Alden Street, Redwood City 94063

Cathy Mayer, 349 Orchard Avenue, Redwood City 94062

Bill Nack, 1153 Chess Drive, Foster City 94404

Mike Spence, 307 West Oakwood, Redwood City 94061

Kevin Leddy, 275 D Street, Redwood City 94063

Billy James, 218 Oakdale Street, Redwood City 94062

Jim Bigelow, 1450 Veterans Blvd., Redwood City 94063

Ralph Nobles, 3720 Country Club Drive, Redwood City 94061

John Dempse, 702 Ruby Street, Redwood City 94061

Gail Sredanovic, 2161 Ashton Avenue, Menlo Park 94025

Daniela Gasparini, 842 Edgewood Road, Redwood City 94062

Tim Ridner, 650 Bair Island Road, Suite 100, Redwood City 94062

Chris Mohr, 690 Broadway, Redwood City 94063

Joanne Kcmist, Sequoia

18.

Recommendation for reappointment of the following to the Exposition and Fair Association Board of Directors, terms expiring September 30, 2007: (Supervisor Mark Church)

Larry Buckmaster

Stan Pastorino

Peter Chartz

John Zirelli

This item was removed from the agenda.

19.

Recommendation for reappointment of the following to the Assessment Appeals Board, terms expiring September 30, 2007: (Supervisor Mark Church)

Harris Dubrow

Vincent Muzzi (Alternate)

Bruce Hasenkamp

20.

Resolution (066923) adopting the rates of County and District Taxes on the Secured Roll for FY 2004-05

21.

Resolution (066924) approving the assignment of the Revocable Encroachment Permit relating to wells at the Half Moon Bay Airport from the California-American Water Company to the Montara Water and Sanitary District

22.

Adoption of a ordinance (04231) amending Ordinance No. 04184 to provide one additional Deputy County Counsel position, previously introduced and waiver of reading the ordinance in its entirety

23.

Approve Revision Order Number 11 to the contract with Turner Construction Company to provide construction management, architectural and engineering services to the San Mateo County Youth Services Center, increasing the amount by $14,224,073 to $102,857,300

24.

Resolution (066925):

A)

Rejecting the bid received on Bid Package 37 and authorizing rebidding

B)

Authorizing the Assistant County Manger to accept and approve the bids related to Metal Building Systems, and execute a revision order and assignment necessary for award for the San Mateo County Youth Services Center, in the amount of $800,000

25.

Resolution (066926) authorizing a Lease Amendment with DLC Foster City, LP and Triton Associates, LLC as Tenants in Common for warehouse space located at 1164-1166 Triton Drive, Suite 200, Foster City area, extending the term through October 31, 2004, in the monthly amount of $5,700

26.

Resolution (066927) approving the FY 2004-05 Spending Plan for the State Law Enforcement Supplemental Fund, permitting the District Attorney to receive a 5.15 percent allocation for criminal prosecution and the Sheriff to receive a 5.15 percent allocation, in the amount of $211,369 and $311,369, respectively, for jail operations and a proportional allocation of countywide front-line law enforcement funds for the Sexual Habitual Offender Program (jointly with Sheriff)

27.

Resolution (066928) authorizing submission of a grant application to the California Office of Emergency Services for the Special Emphasis Project for FY 2004-05, in the amount of $110,000

28.

Resolution (066929) authorizing submission of a grant application to the California Office of Emergency Services for the Victim/Witness Program for FY 2004-05, in the amount of $376,302

29.

Report recommending denial of the following claims:

Claims (Non-Culpable)

Evelyn Acosta

Sally Rodriguez

April Ard

Jeffrey A. Rosenberg

Fawzi Bajjalieh

John Ross

Chris Barries

Michael Tamagna

Jeremy Curd

Michael Taylor

Rudolph Fisher (8)

Ibrahim Tuet

Deborah S. Harley/ Harley Farms Inc.

USAA/Genetha Williams

Alysha Howell

William Vea

Brian O’Meara

Isabelle Wilson

Application for leave to present late claim (no statutory basis)

Miriam Linda Levy

30.

Resolution (066930) authorizing the Purchasing Agent to execute agreements with AT&T Wireless and Nextel Communications for countywide cellular phone services for the term of October 1, 2004 through September 30, 2007 with the right to exercise a two year extension through September 30, 2009, in the amount of $5,000,000

31.

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, 2004 for adoption.

32.

Resolution (066941):

A)

Authorizing an agreement with the California Department of Food and Agriculture for agricultural inspection and detection survey services for Pierce’s Disease/ Glassy-winged Sharpshooter Control Program for FY 2004-05, in an amount not to exceed $310,980;

B)

Designating the Agricultural Commissioner as the local public entity authorized to receive these local assistance funds; and

C)

Authorizing the Agricultural Commissioner to execute subsequent amendments, providing additional funding be allocated for expanded work activities, provided no such amendments require the expenditure or commitment of County funds for FY 2004-05

33.

Resolution (066942) authorizing an agreement with the California Department of Food and Agriculture for Sudden Oak Death/Oak Mortality Disease Regulation services for FY 2004-05, in an amount not to exceed $80,000

34.

Resolution (066943) authorizing an agreement with the State of California Emergency Medical Services Authority to implement an Emergency Medical Services for Children Program Update and Expansion Program for FY 2004-05, in the amount of $75,000

35.

Resolution (066913) authorizing agreements with Addus HealthCare, Inc., American CareQuest, Inc., Medical Care Professionals, Nurse Providers Plus, Inc., Nursing Resources, Professional HealthCare At Home and Rainbow Home Care Services to provide home health and attendant care services for FYs 2004-07, in the amount of $950,000 collectively for FY 2004-05

36.

Resolution (066931) authorizing an agreement with TGMC Residential Care Facilities, Inc. dba Golden Manor to provide residential board and care services for the mentally ill clients for the term of August 17, 2004 through June 30, 2007, in the amount of $143,280, $5,254 net County Cost

37.

Resolution (066932) authorizing amendments to the agreements with Catholic Charities of San Francisco, Mills-Peninsula Senior Focus, Inc., Peninsula Volunteers/Rosener House and the City of South San Francisco Adult Day Care Program to provide adult day care services for FY 2004-05, increasing the amount by $120,000 to $475,000 collectively

38.

Resolution (066933) authorizing a Grant Agreement with Walter S. Johnson Foundation for increasing employment opportunities for disadvantaged youth for the term of May 15, 2004 through February 28, 2006, in the amount of $225,000

39.

Resolution (066934) authorizing an amendment to the agreement with Robert Shaw and Associates for the preparation of the Environmental Review Records and National Environmental Policy Act forms as a U. S. Housing and Urban Development requirement for CDBG and HOME funded projects for the term of May 15, 2003 through June 30, 2005, increasing the amount by $80,000 to $170,000

40.

Resolution (066935) authorizing:

A)

Amendments to the agreements with the Service League of San Mateo County and Project Ninety, Inc. to provide alcohol and drug treatment services, extending the term through December 31, 2004, in the amount of $423,000 and $567,000, respectively

B)

The Director of the Human Services Agency to execute amendments and minor modifications during the term of the agreements limited to:

1)

Reducing the County’s maximum fiscal obligation in the event there is commensurate reduction in the funding received by the County;

2)

Increasing the County’s maximum fiscal obligation in the event there is a commensurate increase in funding received by the County; however, said increase shall be limited to a total of $25,000 per fiscal year; and

3)

Reallocating funding and units of service between the different contracted modalities as long as the changes have no fiscal impact on the County’s maximum obligation

41.

Resolution (066936) authorizing an amendment to the agreement with Sor Juana Ines Center for Domestic Violence and Prevention to provide domestic violence prevention services, changing the name of the contractor to Community Overcoming Relationship Abuse for the term of October 1, 2002 through June 30, 2005, increasing the amount by $130,000 to $553,600, $10,500 net County Cost

42.

A)

Resolution (066944) authorizing a Grant Agreement with the Federal Aviation Administration to provide federal funds for maintenance and safety improvements at the San Carlos Airport (Airport), in the amount of $1,857,000

B)

Resolution (066945) authorizing a Grant Agreement with the California Department of Transportation for matching grants equal to five percent of current Federal grants to provide financing for maintenance and safety improvements at the Airport

43.

Resolution (066937):

A)

Authorizing an agreement with Mary Ann Cusenza for the installation of a fence within the Santa Cruz Avenue right-of-way, West Menlo Park area

B)

Directing the Clerk of the Board to record the agreement after execution

44.

Resolution (066938):

A)

Authorizing an agreement with Michael Mitchell and Diana Roberts for the installation of a landscaping wall and trees in the Alameda Avenue and Mirada Road rights-of-way, Miramar area

B)

Directing the Clerk of the Board to record the agreement after execution

45.

A)

Adoption of an ordinance (04232) deleting Section 7.24.880 of Title 7 of the San Mateo Ordinance Code establishing a twenty minute parking zone on Charter Street near Bay Road, Redwood City area, previously introduced and waiver of reading the ordinance in its entirety

B)

Adoption of an ordinance (04233) adding Section 7.24.900 of the San Mateo Ordinance Code establishing a one-hour parking zone on Bay Road near Charter Street, Redwood City area, previously introduced and waiver of reading the ordinance in its entirety

46.

Adoption of an ordinance (04234) adding Section 7.04.670 of the San Mateo Ordinance Code establishing a Prima Facie Speed Limit of twenty-five miles per hour on Sunshine Valley Road, Montara area, previously introduced and waiver of reading the ordinance in its entirety

47.

Adoption of an ordinance 04235):

A)

Amending Paragraph 5.b.(2) of Section 7010 of the Subdivision Ordinance that established map checking fees for Records of Surveys

B)

Adding Section 2.52.190 establishing fees for checking Records of Surveys, previously introduced and waiver of reading the ordinance in its entirety

48.

Resolution (066939) waiving the Request for Proposal process and authorizing an agreement with Medisave Pharmacies, Inc., dba Kindred Pharmacy Services to provide continued pharmacy services to Burlingame Long Term Care for the term of April 1, 2004 through March 31, 2005, in the amount of $150,000

49.

Resolution (066940) authorizing an amendment to the agreement with Costandi, Imus and Lambert, LLC to provide consulting services for the term of January 30, 2004 through June 30, 2005, increasing the amount by $80,000 to $148,640

50.

9:00 a.m.

Acting as the Governing Board of the East Palo Alto Drainage Maintenance District (EPADMD):

A)

Hearing to consider the withdrawal of property within the City of Menlo Park and the EPADMD from the EPADMD and find that:

1)

The property proposed to be withdrawn from the EPADMD will not be benefited by remaining within the EPADMD, and

2)

The property to remain within the EPADMD will be benefited by remaining within the EPADMD

B)

If the Board makes the findings above, adopt a resolution ordering:

1)

The withdrawal of the property from the EPADMD that is within both the City of Menlo Park and the EPADMD, and

2)

The continuance of the remaining territory in the EPADMD as a maintenance district

a)

Report and recommendation

b)

Close hearing – Hill/Gordon

c)

Adopt resolution (066946) – Jacobs Gibson/Hill

Speakers recognized by the President:

Neil Cullen, Director, Public Works