PLEASE NOTE THERE WILL BE NO MEETING OF THE
BOARD OF SUPERVISORS ON APRIL 19, 2005

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 9:04 a.m.

Tuesday, April 12, 2005

 

PLEDGE OF ALLEGIANCE

ROLL CALL – Present: Supervisors Church, Hill, Gordon, Jacobs Gibson and Tissier
Absent: None

 

1.

8:15 a.m.

CLOSED SESSION

A)

Conference with Legal Counsel - Existing Litigation:

 

Oscar Braun vs. County of San Mateo
United States District Court - Case No. C 03-3415 MJJ

   
 

Pat Young vs. County of San Mateo
United States District Court - Case No. C 03-05801 CRB

   
 

N.V. Heathorn, Inc. v. County of San Mateo
California Court of Appeal No. A105650

 

Settlement in the amount of $275,000

   
 

Enron Energy Services, Inc. vs. San Mateo Medical Center
Foundation, et al.

United States Bankruptcy Court - No. 04-04683

 

Settlement in the amount of $175,000

   
 

Arlene Silvera vs. County of San Mateo
WCAB SFO 0471395

 

Settlement in the amount of $32,500

   
 

Michael Bushley vs. County of San Mateo
WCAB SFO434404

 

Settlement in the amount of $30,940

   
 

Robert Madigan vs. County of San Mateo
WCAB SFO 473826

 

Settlement in the amount of$29,785

   
 

Gerald Grochowski vs. County of San Mateo
WCAB SFO 0438758, SFO 044353, and SFO 044352

 

Settlement in the amount of $33,000

   

B)

Conference with Legal Counsel - Anticipated Litigation

 

Significant exposure to litigation pursuant to subdivision (b) of Govt. Code Section 54956.9; (number of cases):

 

One case

 

2.

9:00 a.m.

REGULAR AGENDA
CONSENT AGENDA

GOVERNING BOARD

Church/Tissier

 

3.

9:00 a.m.

Presentation of “Employee of the Month” for April 2005 to Robyn Ziegler, Public Health Educator, Public Health Division, Health Services Agency (County Manager)

   

Speakers recognized by the President:

   

John L. Maltbie, County Manager

   

Brian Zamora, Health Services

   

Scott Morrow, Health Services

   

Dr. Mary Hansell

     

4.

ORAL COMMUNICATIONS

 

Speakers recognized by the President:

 

Supervisor Mark Church, Board of Supervisors

 

Wynn Grcich, 5072 Amberwood , Fremont 94555/ 316 Broadway, Millbrae 94030

 

Michele Porrazzo, P.O. Box 864, Millbrae 94030

 

Harvey Blight, 615 11th Avenue, Menlo Park 94025

 

Terry Gossett, 193 Reef Point, Moss Beach 94038

 

Dr. Winn Parker, P.O. Box 864, Millbrae 94030

 

Alan Harris, P.O. Box 964, Moss Beach 94038

MATTERS SET FOR SPECIFIED TIME

5.

9:00 a.m.

Hearing to consider approval of the Final Draft Master Plan for the Fitzgerald Marine Reserve and certification of the Final Environmental Impact Report (EIR): (Environmental Services Agency)

   

A)

Report and recommendation

   

B)

Close hearing

   

C)

Adopt a resolution (067243):

     

1)

Certifying that the Final Program EIR for the Fitzgerald Marine Reserve Master Plan is complete, correct and adequate and prepared in accordance with the California Environmental Quality Act, by adopting Findings and a Mitigation Monitoring and Reporting Plan

     

2)

Adopting the Fitzgerald Marine Reserve Master Plan dated May 2002 based on the clarifications identified in the Final EIR dated June 2004

   

Speakers recognized by the President:

   

Marcia Raines, Environmental Services

   

Sam Herzberg

   

Supervisor Adrienne Tissier, Board of Supervisors

   

Supervisor Jerry Hill, Board of Supervisors

   

Supervisor Mark Church, Board of Supervisors

   

Marcy DeLong, 1271 Main Street, P.O. Box 370628, Montara 94037

   

Alan Harris, P.O. Box 964, Moss Beach 94038

   

Supervisor Hill asked for a report back during the restoration process and asked staff to take into consideration the Local Coastal Program public comments.

     

6.

9:30 a.m.

Resolution (067244) in support of AB 19, Religious Freedom and Civil Marriage Protection Act (Supervisor Rich Gordon)

   

Speakers recognized by the President:

   

Supervisor Jerry Hill, Board of Supervisors

   

Supervisor Adrienne Tissier, Board of Supervisors

   

Supervisor Rose Jacobs Gibson, Board of Supervisors

   

Supervisors Mark Church, Board of Supervisors

   

Mike Nevin, 43 Windsor Drive, Daly City 94015

   

Geraldine O’Conner, 1528 El Camino Real #302, San Mateo 94402

   

David Burruto, 1106 El Camino Real, Burlingame 94010

   

Nate Pinkston, Office of Assemblymember Ira Ruskin

   

Doug Wilson, 98 Alexander Avenue, Daly City 94014

   

Christine McGlynn, 511 Silver Avenue, Half Moon Bay 94019

   

Robert L. Schmidt, 1692 Borden Street, San Mateo 94403

   

John T. Sorrell, 251 36th Avenue, San Mateo 94403

   

Cindy Levin, 251 36th Avenue, San Mateo 94403

   

Karyn Skultety, 795 Willow Road, Menlo Park 94025

   

Arzu Gatto

   

Ramona Gatto

   

Marina Gatto

   

Adriano Oliveira, 22 E. 20th Avenue #7, San Mateo 94403

   

Leslie Bulbuk, 301 W. Arbor Avenue, Sunnyvale 94085

   

Jeff Chandler, 3315 Laxton Court, San Mateo 94403

   

Molly McKay

   

John Lewis

   

David Richardson, 3319 Laxton Court, San Mateo 94403

   

Ron Neumann, 3319 Laxton Court, San Mateo 94403

   

Martha McDevitt-Pugh

   

Lin McDevitt-Pugh

   

Sabrina Brennan, 165 La Grande Avenue, Moss Beach 94038

   

Debbie Pederson, 417 Quartz Street, Redwood City 94062

   

Brian Knecht, 904 Lupin Way, San Carlos 94070

   

Ayes: Supervisors Hill, Gordon, Jacobs Gibson and Tissier

   

Noes: Supervisor Church

     

7.

9:45 a.m.

Presentation of a proclamation (2347) designating April 10–16, 2005 as Victims’ Rights Week (Supervisor Rich Gordon)

   

Speakers recognized by the President:

   

Grace Nelson, District Attorney’s Office

     

8.

1:30 p.m.

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

REGULAR AGENDA

ENVIRONMENTAL SERVICES AGENCY

9.

Resolution authorizing a Regulatory Agreement and Declaration of Restrictive Covenants with Phillip and Christine Stahl to convert an existing farm labor housing unit to an affordable rental unit located at 3560 La Honda Road, unincorporated San Gregorio area

 

This item was continued for 30 days.

COUNTY MANAGER

10.

Accept the FY 2004-05 Mid-Year Report on the Performance of County Programs

 

Speakers recognized by the President:

 

Reyna Farrales, County Manager’s Office

 

Nancy Hetrick, County Manager’s Office

 

John L. Maltbie, County Manager

   

11.

County Manager’s report:

 

A.

Resolution (067242) proclaiming existence of a local emergency and requesting the Governor toL

   

1.

Proclaim State of Emergency

   

2.

Request a Presidential Declaration

   

This item was added to the agenda at the meeting.

   

Speakers recognized by the President:

   

John L. Maltbie, County Manager

BOARD OF SUPERVISORS

12.

Board members’ committee reports

CONSENT AGENDA

13.

Minutes of the meeting of January 11, 25, February 8, 15, March 1 and 8

ASSESSOR-COUNTY CLERK-RECORDER

14.

Resolution (067245) authorizing a transfer in the amount of $328,500 from Unanticipated Revenue to Services and Supplies and $203,458 from Unanticipated Revenue-Micrographic Conversion to Services and Supplies and Other Charges to cover projected year-end overruns (4/5ths vote required)

BOARD OF SUPERVISORS

15.

Resolution (2348) honoring Harry A. Hanson, Jr. for his dedication and long time support of Kids’ Turn, a unique model of guiding parents and their children through divorce (Supervisor Adrienne Tissier)

   

16.

Resolution (2439) honoring Project Read – North San Mateo County on its 20th Anniversary (Supervisor Adrienne Tissier)

   

17.

Proclamation (2350) designating April 2005 as Child Abuse Awareness Month (Supervisor Rich Gordon) This item was moved to the Regular Agenda.

 

Speakers recognized by the President:

 

Mark Lane, Human Services Agency

 

Josh Griffith

 

Renee Zimmerman

 

Pat Black, Employee and Public Services

   

18.

Ratification of resolutions honoring the following individuals: (Supervisor Adrienne Tissier)

 

A)

Patricia Ann Giosso (2351), Andrea Jenoff (2352), Barbara Kuehn (2353), Nancy Torres (2354) and Constance Zakos (2355) upon their induction into the Women’s Hall of Fame of San Mateo County

 

B)

Marina Alanna Gatto (2356) and Marcella Rose Padilla (2357) upon their induction into the Women’s Hall of Fame of San Mateo County Young Woman of Excellence

   

19.

Ratification of a resolution (2358) honoring Peter Marchi as the 2005 Farmer of the Year (Supervisor Rich Gordon)

   

20.

Ratification of a resolution (2359) honoring Mary Jane Wood upon her retirement from the San Mateo County Health Services Agency (Supervisor Rich Gordon)

CONTROLLER

21.

Accept the Annual Report of Changes to the Tax Rolls from corrections, cancellations or refunds for FY 2003-04 consistent with County Resolution 64379

COUNTY COUNSEL

22.

Resolution (067246) modifying the membership requirements of the Workforce Investment Board of San Mateo County

   

23.

Adoption of an ordinance (04256) amending the salary ordinance adding one Executive Director of the Health Plan of San Mateo, previously introduced and waiver of reading the ordinance in its entirety

COUNTY MANAGER

24.

Adoption of an ordinance (04257) amending the salary ordinance setting up the remaining Department of Housing staffing structure, previously introduced and waiver of reading the ordinance in its entirety

DISTRICT ATTORNEY

25.

Resolution (067247) authorizing the District Attorney to execute a contract with the California Victim Compensation and Government Claims Board for the District Attorney Restitution Program for FYs 2005-07, in the amount of $152,218, no Net County Cost

EMPLOYEE AND PUBLIC SERVICES

26.

Report recommending denial of the following claims:

   

Claims (Non-Culpable)

 

Pat Bell

Gary V. Jernigan

 

David R. Brodhead

Perry Lee Lipton

 

Darcy Cooke

Anthony McGurk (2)

 

Jeremy Curd (2)

 
 

Application for leave to present a late claim (No statutory basis for excuse)

 

April May

Joseph May

 

Gina May

 
   

27.

Resolution (067248) approving an amendment to the Memorandum of Understanding with the Deputy Sheriff’s Association, increasing the retiree health benefit

   

28.

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 April 26, 2005 for adoption.

HEALTH SERVICES AGENCY

29.

Resolution (067249) authorizing an agreement with the Regents of the University of California, on behalf of the San Francisco General Hospital Clinical Practice Group for medical direction and consultation to the Emergency Medical Services Program for the term of January 1, 2005 through December 31, 2006, in the amount of $205,080, no Net County Cost

   

30.

Resolution (067250) authorizing a transfer in the amount of $150,000 from Correctional Health Other Charges, County Hospital Charges to Services and Supplies, Outside Hospital Charges to cover unanticipated costs for outside hospital services (4/5ths vote required)

HUMAN SERVICES AGENCY

31.

Resolution (067251) authorizing an amendment to the agreement with Syntellect, Inc. to provide a custom survey application to the Vista Interactive Voice Response, extending the term through June 30, 2005, increasing the amount by $17,840 to $228,840

   

32.

Adoption of an ordinance (04258) amending the salary ordinance adding one Human Services Analyst II position as a Grant Coordinator for the Center for Substance Abuse Treatment, previously introduced and waiver of reading the ordinance in its entirety

PUBLIC WORKS

33.

Resolution (067252) authorizing the Director of Public Works to execute an agreement with Siemens Building Technologies Fire Safety Division for fire alarm testing, maintenance and repair services for fire alarm systems in County owned and leased facilities for the term of five years, in the amount of $587,560

   

34.

Resolution (067253) authorizing the Director of Public Works to submit an application for grant funds pursuant to the Metropolitan Transportation Commission’s guidelines for Local Streets and Roads Federal Funding Program, to finance a portion of the costs of resurfacing Guadalupe Canyon Parkway, Daly City/Brisbane area

SAMCERA

35.

Resolution (067254) adopting the actuarial interest rate and the employer and member contribution rates for the San Mateo County Employee’s Retirement Association for FY 2005-06 in accordance with Government Code Section 31454

SAN MATEO MEDICAL CENTER

36.

Resolution (067255) authorizing an agreement with the Regents of the University of California to provide plastic surgery services for the term of June 1, 2004 through June 30, 2005, in the amount of $161,158.33

   

37.

Resolution (067256) authorizing an amendment to the agreement with Peninsula Pathologists Medical Group, Inc. to provide management, supervision and physician services in clinical and anatomical pathology, extending the term through March 30, 2005, increasing the amount by $75,000 to $1,975,000

   

38.

Resolution (067257) authorizing an amendment to the agreement with Drs. Herbert and Cohen Medical Group for anesthesia services, extending the term through August 31, 2005, increasing the rate of reimbursement amount by $3 to $35 per unit

SHERIFF

39.

Adoption of an ordinance (04259) amending the salary ordinance adding three unclassified Crime Analyst positions for the Regional Terrorism Threat Assessment Center, previously introduced and waiver of reading the ordinance in its entirety

   

40.

Adoption of an ordinance (04260) amending the salary ordinance adding one Forensic Specialist position in the Sheriff’s Forensic Laboratory, previously introduced and waiver of reading the ordinance in its entirety

GOVERNING BOARD
MATTERS SET FOR SPECIFIED TIME

41.

9:15 a.m.

Acting as the Governing Board of the Emerald Lake Heights Sewer Maintenance District, conduct a hearing to consider the annexation of the Lands of Coy to the Emerald Lake Heights Sewer Maintenance District, Redwood City area:

 
 

A)

Report and recommendation

 

B)

Close hearing

 

C)

Adopt a resolution (067258) ordering the annexation and authorizing Supplemental Agreement No. 34 with the City of Redwood City for sewage transmission, treatment and disposal of sanitary sewerage

 

D)

Instruct the Clerk of the Board to transmit to the City of Redwood City a copy of the resolution ordering annexation, along with the executed duplicate original of Supplemental Agreement No. 34

 

Speakers recognized by the President:

 

Neil Cullen, Public Works

 

Supervisor Tissier was absent during the vote.

   
   
   

The meeting adjourned at 11:40 a.m. in memory of John Falsarella, John Belforte, Conrad Cains and Art Glass, to reconvene on Tuesday, April 26, 2005 at 8:15 a.m. in Closed Session - Litigation and Personnel Matters, and thereafter for the regularly scheduled Board meeting.