PLEASE NOTE THERE WILL BE NO MEETING OF THE
BOARD OF SUPERVISORS ON NOVEMBER 22, 2005

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. - 8 P.M., FRIDAY 8 A.M. - 5 P.M., SATURDAY 12 P.M. - 4 P.M. AND SUNDAY - CLOSED

MEETINGS ARE ACCESSIBLE TO PEOPLE WITH DISABILITIES. INDIVIDUALS WHO NEED SPECIAL ASSISTANCE OR A DISABILITY-RELATED MODIFICATION OR ACCOMMODATION (INCLUDING AUXILIARY AIDS OR SERVICES) TO PARTICIPATE IN THIS MEETING, OR WHO HAVE A DISABILITY AND WISH TO REQUEST AN ALTERNATIVE FORMAT FOR THE AGENDA, MEETING NOTICE, AGENDA PACKET OR OTHER WRITINGS THAT MAY BE DISTRIBUTED AT THE MEETING, SHOULD CONTACT ASHNITA NARAYAN, AGENDA ADMINISTRATOR AT LEAST 2 WORKING DAYS BEFORE THE MEETING AT (650) 363-4125 AND/OR axnarayan@co.sanmateo.ca.us. NOTIFICATION IN ADVANCE OF THE MEETING WILL ENABLE THE COUNTY TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING AND THE MATERIALS RELATED TO IT. ATTENDEES TO THIS MEETING ARE REMINDED THAT OTHER ATTENDEES MAY BE SENSITIVE TO VARIOUS CHEMICAL BASED PRODUCTS.

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, November 8, 2005

 

PLEDGE OF ALLEGIANCE

ROLL CALL

Present: Supervisors Tissier, Hill, Jacobs Gibson, Gordon and Church

Absent: None

 

1.

8:15 a.m.

CLOSED SESSION

A)

Negotiations – AFSCME and SEIU Extra-Help
County Negotiator – Diana Doughtie

   

B)

Conference with Legal Counsel - Existing Litigation

 

Oscar Braun et al. v. County of San Mateo
United States District Court Case No. C03 3415 MJJ

   
 

Oscar and Andrea Braun v. County of San Mateo
United States District Court Case No. C 05 1459 MJJ

   
 

Arthur Fred Loveland v. County of San Mateo et al.
San Mateo County Superior Court Case No. 444040

 

Settlement in the amount of $20,000.

   

C)

Conference with Real Property Negotiator - Gov't Code 54956.8

 

Property: APN 052-334-050
Agency Negotiation: County Manager
Negotiating Parties: (1) Tuscan Tower LLC; (2) Joseph W. Carcione, Jr.
Under Negotiation: Price and Terms

   

D)

Public Employee Performance Evaluation:

 

County Manager
County Counsel

 

2.

9:00 a.m.

REGULAR AGENDA
CONSENT AGENDA

GOVERNING BOARD

   

Hill/Jacobs Gibson

 

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.

 

3.

ORAL COMMUNICATIONS

 

Speakers recognized by the President:

 

Carol Espinoza

 

If your subject is not on the agenda, the President will recognize you at this time. Speakers are customarily limited to two minutes. A speaker’s slip is required.

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 time it is scheduled.

 

4.

9:00 a.m.

Resolution (067615) accepting the 2006 budget of the San Mateo County Exposition and Fair Association (San Mateo County Expo Center)

 

Hill/Jacobs Gibson

   
Ayes: All
   

Noes: None

   

Speakers recognized by the President:

   

Chris Carpenter, General Manager

   

Supervisor Tissier, Board of Supervisors

   

Supervisor Hill, Board of Supervisors

5.

9:15 a.m.

Introduction of an ordinance enacting a new Chapter establishing standards for body art and piercing, and waiver of reading the ordinance in its entirety: (Health Department)

A)

Regulating body art establishments

B)

Providing standards for construction and operation of these facilities

C)

Preventing disease transmission and protecting the health of San Mateo County residents and visitors by inspection, education and enforcement of body art

 

Church/Jacobs Gibson

 

Ayes: All

 

Noes: None

   
 

Speakers recognized by the President:

 

Dean Peterson, Environmental Health

 

Al Cintra-Leite

 

Jason Harless

 

Troy Harless

 

Supervisor Jacobs Gibson, Board of Supervisors

 

Supervisor Hill, Board of Supervisors

   

6.

9:30 a.m.

Accept the Mental Health Board Annual Report for FY 2004-05 (Health Department)

 

Church/Tisser

 

Ayes: All

 

Noes: None

 

Speakers recognized by the President:

   

Raja Mitry, Mental Health Advisory Board

     

7.

9:45 a.m.

Accept a report by Jennifer Rogers regarding the Costumes for Kids Program (Supervisor Adrienne Tissier)

   

Speakers recognized by the President:

   

Supervisor Tissier, Board of Supervisors

   

Madelyn Martin, Human Services Agency

   

Jennifer Rogers, Human Services Agency

     

8.

10:00 a.m.

Resolution (067616) increasing the Law Library fee portion distributed from the Uniform Civil Fee from $32.50 to $35.50 commencing January 1, 2006 and from $35.50 to $38.50 commencing January 1, 2007 (Law Library)

 

Tissier/Church

 

Ayes: All

 

Noes: None

 

Speakers recognized by the President:

   

Karen Letke, Law Library

9.

10:15 a.m.

Hearing to consider: (Environmental Services Agency)

A)

Approving the proposed Zoning Text and Map Amendment, Tentative Map, Exception to the Subdivision Regulations and certifying the Mitigated Negative Declaration by adopting the required findings and conditions of approval for property located at 317 Sixth Avenue, unincorporated North Fair Oaks area

B)

Introduction of an ordinance (04282) changing the subject parcel’s Zoning Map designation, and waiver of reading the ordinance in its entirety

C)

Introduction of an ordinance (04283) enacting, applicable only to the subject parcels, the Planned Unit Development-131 Regulations, and wavier of reading the ordinance in its entirety

 

1)

Report and recommendation - Approved

   

Church/Jacobs Gibson

   

Ayes: All

   

Noes: None

 

2)

Close hearing

   

Church/Jacobs Gibson

 

3)

Adopt ordinances

 

Speakers recognized by the President:

 

Lisa Grote, Planning and Building Division

 

Michael McCraken

     

10.

10:30 a.m.

Hearing to consider an appeal for a Fence Height Exception for property located at 65 Inyo Place, unincorporated Sequoia Tract area: (Environmental Services Agency)

A)

Report and recommendation

B)

Close hearing

 

Hill/Jacobs Gibson

 

Ayes: All

 

Noes: None

C)

Approve or deny appeal - Denied

 

Hill/Church

 

Speakers recognized by the President:

 

Lisa Grote, Planning and Building Division

 

Nadine Fletcher

 

Robin Conci

 

Thomas Conci

 

Wanda Davis

 

Sharon Williams

 

Mathew Manjarrez, Boster, Kobayaski and Associates

 

The Board requested the following:

 

Research if a regulation exists that regulates hedge/shrub height and the possibility of creating an ordinance regulating shrub height on property that can obstruct the public right of way. Item continued to December 6, 2005.

   

11.

11:00 a.m.

Emergency Preparedness Work Session (Sheriff)

   

Speakers recognized the President:

   

Don Horsley, Sheriff

   

John Quinlan, Office of Emergency Services

   

Brian Molver, Office of Emergency Services

   

Mat Lucett, Office of Emergency Services

   

John Diggins, Office of Emergency Services

   

Kathy Pape, Office of Emergency Services

   

Bill O’Callahan, Office of Emergency Services

   

John Maltbie, County Manager

   

Supervisor Church, Board of Supervisors

   

Supervisor Jacobs Gibson, Board of Supervisors

   

Supervisor Tissier, Board of Supervisors

   

Supervisor Hill, Board of Supervisors

REGULAR AGENDA

CHIEF INFORMATION OFFICER

12.

Accept the status report on eGov

 

Jacobs Gibson/Tissier

 
Ayes: All
 

Noes: None

 

Speakers recognized by the President:

 

Chris Flatmoe, Information Services Department

 

Supervisor Tissier, Board of Supervisors

 

Supervisor Hill, Board of Supervisors

COUNTY COUNSEL

13.

Resolution (067617) appointing William Stronck to the position of Director of the Skyline County Water District and Richard Hamner to the position of Director of the Ladera Recreation District in accordance with Elections Code 10515(b)

 

Moved to Consent Agenda.

COUNTY MANAGER

14.

County Manager’s report

   

BOARD OF SUPERVISORS

15.

Board members’ committee reports

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.

 

BOARD OF SUPERVISORS

16.

Recommendation for reappointment of Mark Norris and Jack Olsen to the Expo Center Board, terms expiring September 30, 2008 (Supervisor Jerry Hill and Supervisor Adrienne Tissier)

   

17.

Ratification of a resolution (2434) honoring The New San Mateo High School and Thomas C. Mohr Clock Tower Dedication (Supervisor Jerry Hill)

   

18.

Ratification of a resolution (2435) honoring Junipero Serra High School on the completion of Phase I of their Building Project (Supervisor Jerry Hill)

   

19.

Ratification of a resolution (2436) honoring George R. Corey as Millbrae’s 2005 Man of the Year (Supervisor Mark Church)

   

20.

Ratification of a resolution (2437) honoring Caroline Shea as Millbrae’s 2005 Woman of the Year (Supervisor Mark Church)

   

CHIEF INFORMATION OFFICER

21.

Resolution (067618):

A)

Waiving the Request for Proposal process and authorizing an agreement with CIMS Lab to provide software licensing and maintenance for the term of November 8, 2005 through November 7, 2010, in the amount of $129,900

B)

Authorizing the Chief Information Officer to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

COUNTY MANAGER

22.

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

   

23.

Make a finding to continue the local emergency caused by the of 2004-05 winter storms that brought large amounts of wind and rain resulting in landslide in La Honda affecting homes and public property

   

EMPLOYEE AND PUBLIC SERVICES DEPARTMENT

24.

Report recommending denial of the following claims:

 

Claims (Non-Culpable)

 

Asad Ali

Gregory John Robbins

 

Enterprise Rent A Car

DeMarco Robinson

 

Paul Kaemper

Steve Sone

 

Tara Murti

Bradley Mark Strazzarino

 

Cira Gonzalez Olea

Phillip E. Smith

   

25.

Resolution (067619) authorizing an agreement with the City of Millbrae for law enforcement communications/dispatch services for FYs 2005-07, in the amount of $260,224

   

26.

Resolution (067620) authorizing the Risk Manager to execute the Memorandum of Understanding with the Administrative Office of the Courts resolving issues and determining responsibility for certain workers’ compensation claims filed by County employees prior to the end of the Court’s participation in San Mateo County’s workers’ compensation program on June 30, 2003

   

27.

Resolution (067621) waiving the Request for Proposal process and authorizing an amendment to the agreement with IEDA for continued provision of labor relations services for the term of January 1, 2006 through December 31, 2008, with the option to extend for two one-year terms, in the amount of $339,000

   

28.

Resolution (067622) authorizing the abandonment of collection effort and relief of accountability for certain San Mateo County accounts receivable, in the amount of $6,342,450.55

   

29.

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

ENVIRONMENTAL SERVICES AGENCY

30.

Consideration of a request to establish a Farmland Security Zone Contract for three parcels and establishing a Class B Agricultural Preserve for four parcels located near Cabrillo Highway and Higgins Purisima Road, unincorporated Half Moon Bay area:

A)

Find that the request is consistent with the County General Plan, the Planned Agricultural/Coastal Development Zoning District, the California Land Conservation Act and the Board of Supervisors Resolutions 65067 and 44396, relating to the implementation of the California Land Conservation Act in San Mateo County

B)

Resolution establishing the property located near Cabrillo Highway and Higgins Purisima Road, unincorporated Half Moon Bay area as an agricultural preserve and authorizing the execution of the California Land Conservation Contracts

 

This item was continued to December 13, 2005.

   

31.

Resolution (067623):

A)

Authorizing an agreement with the California Department of Food and Agriculture for the Pierce’s Disease/Glassy-winged Sharpshooter Control Program for FY 2005-06, in the amount of $351,333

B)

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

C)

Authorizing the Agricultural Commissioner to enter into future contract amendments should additional funding be allocated for expanded work activities for FY 2005-06

   

32.

Resolution (067624) authorizing an agreement with the California Department of Food and Agriculture for Combined Pest Exclusion Program services including High Risk Pest Exclusion, Sudden Oak Death/Oak Mortality Disease Regulation, Nursery Stock Inspection and Seed Services for FY 2005-06, in the amount of $317,704.51

   

33.

Resolution (067625) authorizing a transfer in the amount of $10,125 from Unanticipated Revenue to Salaries and Benefits to provide funding for extra help hours and associated benefits (4/5ths vote required)

   

34.

Resolution (067626):

A)

Authorizing agreements with Natalino & Phyllis Marchi and Peter & Phyllis Marchi Trust to provide long-term affordable housing on two parcels created for that purpose on Cloverdale Road, Pescadero area

B)

Directing staff to record the agreements

HEALTH DEPARTMENT

35.

Resolution (067627) authorizing:

A)

Agreements with JC Nationwide and Psychiatrists Only for the provision of locum tenens services for FY 2005-06, in the amount of $120,000, $44,000 Net County Cost

B)

The Director of the Health Department to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

   

36.

Resolution (067628):

A)

Approving the submission of the Year-End Report for 2004-05 for the Strategic Plan for Services for Older Adults and Adults with Disabilities

B)

Authorizing execution of the transmittal letter as required by the California Department of Aging

   

37.

Resolution accepting and approving submission of the Mental Health Services Act Community Services and Supports Three-Year Plan to the State Department of Mental Health

 

Item moved to Regular Agenda.

 

Speakers recognized by the President:

 

Gail Baitille, Mental Health

 

Melissa Platte, Mental Health Association of San Mateo County

 

Barbara Raboy, Daly City Youth Health Center

 

Dennis Romano, Mental Health Contractors Association and Caminar

 

Marc Sabin, San Mateo Substance Abuse Treatment Providers Coalition

 

Carolyn Rapier, Mental Health

 

Pat Way, National Alliance on Mental Illness (NAMI)

 

Glen Rossman, National Alliance on Mental Illness (NAMI)

 

Alisen Mills, Mental Health Board

 

Jim Stansberry, Alcohol and Drug Providers and Community

 

Orville Rosche, San Mateo Substance Abuse Treatment Providers Coalition

 

Supervisor Hill, Board of Supervisors

 

Supervisor Jacobs Gibson, Board of Supervisors

 

Charlene Silva, Health Services

 

Supervisor Tissier, Board of Supervisors

 

Board requested the following:

 

To delay action on the plan for a week, at which time staff will meet with members of the Mental Health Board and resolve any concerns or concerns. Item was continued to November 15, 2005 at 10:00 AM.

HOUSING

38.

Resolution (067614) authorizing:

A)

Submission of an application to the California Housing Finance Agency for the Housing Enabled by Local Partnerships Loan Program

B)

The Director of the Department of Housing to execute documents and to take other actions as necessary to facilitate the application

PUBLIC WORKS

39.

Resolution (067629) authorizing agreements with Aegis Land and Investment Company/Cinnamon Forest for the construction of improvements on Edgewood Road and within Palomar Oaks Subdivision, Redwood City area

   

40.

Resolution (067630) waiving compliance with the County’s Equal Benefits ordinance and authorizing an agreement with Coast Intelligen, Inc. for the maintenance and extended warranty for the cogeneration equipment installed at the Maguire Correctional Facility for the term of three years, in an amount not to exceed $174,000

   

41.

Resolution (067631) designating disabled parking zones in Public Rights-of-Ways, Countywide

SAN MATEO MEDICAL CENTER

42.

Resolution (067632) waiving the Request for Proposal process and authorizing an agreement with Apria Healthcare, Inc. to provide home healthcare products and related services for the term of June 1, 2004 through May 31, 2006, in the amount of $175,000

   

43.

Resolution (067633) authorizing an agreement with Associated Medical Specialist to provide internal medicine, cardiology and hospital services for the term of October 1, 2005 through September 30, 2008, in the amount of $11,080,524.59

   

44.

Resolution (067634) authorizing the Controller to pay non-contract physicians who provide medical services for FYs 2005-07, in an amount not to exceed $200,000

   

SHERIFF

45.

Resolution (067635) waiving the Request for Proposal process and authorizing an agreement with Telecommunications Engineers Association to upgrade the San Mateo County Fire Service’s radio system for the term of September 1, 2005 through September 30, 2006, in the amount of $375,000

   

46.

Resolution (067636) authorizing a Purchase Order with Lenco Industries, Inc. for the provision of a Ballistic Engineered Armored Response rescue vehicle, increasing the amount by $20,392 to $293,707

   

47.

Resolution (067637) approving the Countywide Vehicle Theft Task Force FY 2005-06 Budget, in the amount of $860,058

GOVERNING BOARD

CONSENT

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.

 

48.

A)

Acting as the Governing Board of the Scenic Heights County Sanitation District, adopt:

1)

A resolution of application to the Local Agency Formation Commission for approval to extend sewer service outside Scenic’s boundaries to serve the developed properties of Russell Gronsky for property located at 1508 and 1510 Edgewood Road which are served by a single failing septic system

2)

A resolution authorizing an agreement with Russell Gronsky which provides for maintenance and treatment of sewage from the developed property, conditioned on LAFCO’s approval of said extended sewer service and execution of a four party agreement

 

B)

Acting as the Governing Board of the County of San Mateo, Scenic and Emerald Heights Sewer Maintenance District, adopt a resolution authorizing an amendment to the four party agreement with the City of San Carlos, conditioned on LAFCO’s approval of said extended sewer service, and to execute an agreement with Russell Gronsky

   

49.

Acting as the Governing Board of the San Mateo County Flood Control District, adopt a resolution authorizing:

 

A)

An agreement between the San Francisquito Creek Joint Powers Authority, the San Mateo County Flood Control District (SMCFCD) and the Santa Clara Valley Water District (SCVWD) which provides that the SMCFCD and the SCVWD will each provide $1,500,000 to help fund the cost of the Corps of Engineers’ Feasibility Study for the San Francisquito Creek Flood Damage Reduction and Ecosystem Project

     
 

B)

The Board’s representative to the JPA to approve of the Feasibility Cost Share Agreement between the JPA and the Corps of Engineers, which provides that the JPA will finance half of the eligible costs of the Study

   

The meeting was adjourned in memory of Jerry Harris, Emma Mercer, Dr. Isador Kamen, Joan Stiff at 11:46 AM to reconvene on Tuesday, November 15, at 8:15 AM in Closed Session – Litigation and Personnel Matters, and thereafter for the regularly scheduled Board meeting.