PLEASE NOTE THERE WILL BE NO MEETING OF THE
BOARD OF SUPERVISORS ON OCTOBER 14, 2008

Tuesday, October 7, 2008

 

The meeting was called to order at 9:08 a.m.

 

PLEDGE OF ALLEGIANCE

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

Absent: None

 

1.

8:15 a.m.

CLOSED SESSION

   

A)

CNA Negotiations

 

County Negotiator: Diana Doughtie

   

B)

Conference with Legal Counsel – Existing Litigation

   
 

Obiajulu, Vincent v. San Mateo County Probation Department

 

United States District Court Case No. C07-03870 JCS

   

C)

Conference with Legal Counsel – Anticipated Litigation

   
 

Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9

   
 

One case

   
 

Significant exposure to litigation pursuant to subdivision (b)(1) of Government Code Section 54956.9

   
 

Three cases

   

The following has been added:

 

1.

8:15 a.m.

CLOSED SESSION

   

D)

Vote to add "Public Employee Appointment Pursuant To Government Code Section 54957 Title: County Manager" to closed session agenda pursuant to Government code section 54954.2(b)(2) (Two-thirds vote)

   

E)

Public Employee Appointment

 

Pursuant To Government Code Section 54957

 

Title: County Manager

   
 

No report.

   

2.

9:00 a.m.

REGULAR AGENDA (SEE PAGE 4)
CONSENT AGENDA
(SEE PAGE 6)

     
 

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agenda are approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda.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.

   
 

Motion: Church / Second: Jacobs Gibson

     

3.

ORAL COMMUNICATIONS

   
 

There were no members of the public wished to speak.

MATTERS SET FOR SPECIFIED TIME

 

4.

9:00 a.m.

Presentation of a proclamation (2846) designating October 2008 as Domestic Violence Awareness Month (Supervisor Mark Church)

     
   

Speakers recognized by the President:

   

Supervisor Mark Church, Board of Supervisors

   

Melissa Lukin, Executive Director, Community Overcoming Relationship Abuse

     
   

Motion: Church / Jacobs Gibson

     

5.

9:00 a.m.

Presentation of a resolution (2847) honoring the recipient of the 2008 Hammerman Award, Detective Sergeant Linda Gibbons (Supervisor Mark Church)

     
   

Speakers recognized by the President:

     
   

Supervisor Mark Church, Board of Supervisors

   

Susan Manheimer, Chief of Police, City of San Mateo

   

Greg Munks, County of San Mateo, Sheriff

   

Linda Gibbons Detective Sergeant, Sheriff’s Office

     
   

Motion: Church / Second Jacobs Gibson

6.

9:15 a.m.

Presentation of a proclamation (2848) designating October 16, 2008 as International Credit Union Day (Supervisor Adrienne Tissier)

     
   

Speakers recognized by the President:

   

Steven Tablar, San Mateo Credit Union

   

Ron Scott, Provident Credit Union

7.

9:30 a.m.

Presentation of a proclamation (2849) designating October 2008 as Disabilities Awareness Month (Supervisor Jerry Hill)

     
   

Speakers recognized by the President:

   

Supervisor Jerry Hill, Board of Supervisors

   

Allan Newlands, Commission on Disabilities President

   

Robert Manchia

   

Gerda Cohn

   

Susy Castoria

   

Supervisor Rich Gordon, Board of Supervisors

     
   

Motion: Hill / Second: Gordon

     
   

John L. Maltbie was presented with the “Charlene A. Silva Award”.

     

8.

9:30 a.m.

Presentation of a proclamation (2850) designating October 2008 as National Arts and Humanities Month (Supervisor Jerry Hill)

     
   

Speakers recognized by the President:

   

Supervisor Jerry Hill, Board of Supervisors

   

Dildar Gill Pisani , Arts Commission

     

9.

10:00 a.m.

Public hearing to consider an appeal of an after-the-fact Coastal Development Permit to allow the construction of a fence that includes site restoration with 250 cubic yards of excavation located diagonally across Date Street along the edge of the State Highway 1 bypass right-of-way unincorporated Montara area (Applicant/Owner/Appellant: Caltrans). This project is appealable to the California Coastal Commission: (Planning and Building)

     
   

A)

Report and recommendation

       
   

B)

Close public hearing - Motion: Jacobs Gibson / Second: Church

       
   

C)

Approve or deny appeal - Motion: Tissier/ Second: Jacobs Gibson

       
 

Speakers recognized by the President:

 

Lisa Grote, Planning and Building Director

 

Jamey Wyman, 595 Market Street #1700, San Francisco 94105

 

Supervisor Jerry Hill, Board of Supervisors

 

Supervisor Rich Gordon, Board of Supervisors

 

Supervisor Mark Church, Board of Supervisors

 

Michael McCraken

 

Anita Botieff, 922 Date Street, Montara 94037

 

Bill Botieff, 922 Date Street, Montara 94037

 

Frank Valentini

 

Lennie Roberts, 339 La Cuesta, Portola Valley 94028

 

Abdullah Arakozie, 156 Lopper Knoll Way, Oakley 94561

 

Supervisor Rose Jacobs Gibson, Board of Supervisors

 

Supervisor Adrienne Tissier, Board of Supervisors

 

Michael Murphy, County Counsel

   
 

Determination was made that the existing chain link fence be removed by 5:00 p.m. on October 14th; the signs around the vegetation restoration area should be in place by October 14; 2008, the signs should be removed six months after the vegetation is planted; and that the bollards could be placed such that temporary vehicle entry could be allowed during clearing, grading and restoration work.

   

10.

10:30 a.m.

Public hearing to consider amending Chapter 14, Division VII of the San Mateo County Ordinance Code, Building Regulations, consisting of Sections 1401 through 1408, modifying the Green Building Program and waiver of reading the ordinance in its entirety: (Planning and Building)

     
   

A)

Report and recommendation

       
   

B)

Close public hearing- Motion: Gordon / Second: Jacobs Gibson

       
   

C)

Adopt ordinance (04444) Motion: Church / Second: Jacobs Gibson

       
     

Speakers recognized by the President:

     

Lisa Grote, Planning and Building Director

     

Jim Eggemeyer, Deputy Director of Planning and Building

     

Supervisor Mark Church, Board of Supervisors

REGULAR AGENDA

PLANNING AND BUILDING

11.

A)

Resolution (069723) authorizing: (Continued from the meeting of September 30, 2008)

   
   

1)

An amendment to the agreement with Impact Sciences to prepare Draft and Final Environmental Impact Reports for the Ticonderoga/Highland Estates Subdivision, extending the term through December 31, 2009, increasing the amount by $57,580 to $171,885, no Net County Cost

       
   

2)

The Director of Community Development or her designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

     
 

B)

Resolution (069724) authorizing a transfer in the amount of $57,580 from Unanticipated Revenue to Contractual Services to cover costs associated with the project (4/5ths vote required)

     
   

Speakers recognized by the President:

   

Lisa Grote, Planning and Building Director

   

Sam Nafifeh, 2059 New Brunswilk Drive, San Mateo 94402

   

Lennie Roberts, 339 La Cuesta, Portola Valley 94028

   

Supervisor Mark Church, Board of Supervisors

   

Michael Murphy, County Counsel

   

Supervisor Jerry Hill, Board of Supervisors

   

Supervisor Adrienne Tissier, Board of Supervisors

   

Supervisor Rich Gordon, Board of Supervisors

     
   

Motion: Gordon / Second: Jacobs Gibson

PUBLIC WORKS

12.

Resolution (069725):

   
 

A)

Approving the Pescadero Transfer Station gate fee rates

     
 

B)

Directing the Director of the Department of Public Works to provide notice by mail to the operator of the Pescadero Transfer Station/Materials Recovery Facility of the new gate fee rates and to provide notification to each customer visiting the facility with a flyer that identifies the new gate fee rates, effective October 20, 2008

     
   

This item was moved to the Consent Agenda.

COUNTY MANAGER

13.

County Manager’s report

   
 

No report.

BOARD OF SUPERVISORS

14.

Resolution (069726) adopting the Peninsula Partnership Leadership Council Bill of Rights for Children and Youth in San Mateo County (Supervisor Adrienne Tissier, Health Department and Human Services Agency)

   
 

Speakers recognized by the President:

 

Beverly Beasley Johnson, Human Services Agency Director

 

Supervisor Rich Gordon, Board of Supervisors

 

Supervisor Rose Jacobs Gibson, Board of Supervisors

 

Supervisor Adrienne Tissier, Board of Supervisors

   
 

Motion: Church / Second: Gordon

   

15.

Board members’ committee reports:

   
 

President Adrienne Tissier announced that there are several upcoming Jail Planning Meetings:

   
 

    San Mateo at the Senior Center located at 2645 Alameda de las Pulgas on October 15, 2008, from 7:00 to 9:00 p.m.

   
 

    San Carlos at the Central Middle School located at 828 Chestnut Street on October 16, 2008, from 7:00 to 9:00 p.m.

   
 

    South San Francisco at the El Camino High School located at 1320 Mission Road on October 23, 2008, from 7:00 to 9:00 p.m.

CONSENT AGENDA

ASSESSOR-COUNTY CLERK-RECORDER

16.

Resolution (069727):

   
 

A)

Waiving the Request for Proposal process and authorizing an agreement with SouthTech Systems, Inc. for the provision of software licensing and maintenance services for the term of October 7, 2008 through October 6, 2011, in an amount not to exceed $263,250

     
 

B)

Authorizing the Assessor-County Clerk-Recorder or his designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

BOARD OF SUPERVISORS

17.

Recommendation for reappointment of Felicitas Rodriguez, Katherine Kerns and Valerie Gibbs to the San Mateo County Mental Health Board, terms expiring September 30, 2011 (Supervisor Rich Gordon)

   

18.

Ratification of a resolution (2851) honoring the County of San Mateo Human Services Agency upon receiving its accreditation from the Council on Accreditation (Supervisor Adrienne Tissier)

   

19.

Ratification of a resolution (2852) honoring Roberta Reynolds, Ph.D. for her dedication and commitment to the literary community of San Mateo County (Supervisor Jerry Hill)

COUNTY COUNSEL

20.

Resolution (069728) authorizing the issuance and sale of San Mateo-Foster City School District General Obligation Bonds, Election of 2008, Series A, in an aggregate principal amount not to exceed $55,000,000

COUNTY MANAGER

21.

Approve the report containing the County’s responses to the following 2007-08 Grand Jury report: Victims of Domestic Violence and Responding Law Enforcement Officers Need Better Support Reports

   

22.

Approve the report containing the County’s responses to the following 2007-08 Grand Jury report: Planning Issues Related to Leachate Disposal

   

23.

Approve the report containing the County’s responses to the following 2007-08 Grand Jury report: The Future of Trash Management in San Mateo County

   

24.

Adoption of an ordinance (04445) amending the Master Salary Ordinance for changes related to the FY 2008-09 budget, previously introduced on September 30, 2008 and waiver of reading the ordinance in its entirety

GOVERNING BOARD

25.

Acting as the Governing Board of the San Mateo County Flood Control District, adopt a resolution (069729) authorizing the County Manager to enter into agreements with EagleLIFT, Inc. for repair work to Colma Creek Flood Control District channel wall upstream of Spruce Avenue, South San Francisco area, in an amount not to exceed $200,000

   

26.

Acting as the Governing Board of the Oak Knoll Sewer Maintenance District, adopt a resolution (069730) setting a time and place for a public hearing to consider the proposed annexation of the Lands of Cool to the Oak Knoll Sewer Maintenance District, Redwood City area

   
 

(Tuesday, October 28, 2008 at 9:00 a.m.)

   

27.

Acting as the Governing Board of the Oak Knoll Sewer Maintenance District, adopt a resolution (069731) setting a time and place for a public hearing to consider the proposed annexation of the Lands of Turchet to the Oak Knoll Sewer Maintenance District, Redwood City area

   
 

(Tuesday, October 28, 2008 at 9:00 a.m.)

HEALTH

28.

Resolution (069732) authorizing a superseding agreement with the State Department of Mental Health for Mental Health Services Act funding for FYs 2004-09, increasing the amount by $3,310,078 to $22,133,849

PUBLIC WORKS

29.

Resolution (069733) authorizing:

   
 

A)

A Memorandum of Understanding with the California Coastal Commission, Montara Water and Sanitary District, Moss Beach Ranch, San Francisco Bay Regional Water Quality Control Board and the San Mateo County Resource Conservation District for the establishment of the Steering Committee for the James Fitzgerald Marine Reserve Critical Coastal Area Pilot Project

     
 

B)

The Deputy County Manager for Community Services or her designee to be the primary contact for the Steering Committee

     

30.

Resolution (069734) authorizing a Memorandum of Understanding with the City/County Association of Governments, Caltrans District 4, the Cities of Belmont, Burlingame, Foster City, Millbrae, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, Menlo Park, and East Palo Alto, the Town of Atherton, Metropolitan Transportation Commission and the San Mateo County Transportation Authority to acknowledge and agree to work cooperatively to assist in the development of the Smart Corridors Project

   

31.

Resolution (069735) establishing no parking zones for specified hours for street sweeping on Third Avenue between Middlefield Road and Edison Way, North Fair Oaks area

   

32.

Make a finding to continue the local emergency declaration for constructing slope stabilization within the landslide, La Honda area (4/5ths vote required)

SAN MATEO MEDICAL CENTER

33.

Resolution (069736) authorizing:

   
 

A)

An agreement with Alliance Imaging for the provision of magnetic resonance imaging services for the San Mateo Medical Center for the term of April 15, 2008 through April 14, 2011, in an amount not to exceed $1,575,000

     
 

B)

The Chief Executive Officer of the San Mateo Medical Center or his designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

   

34.

Resolution (069737) authorizing:

   
 

A)

Agreements with Barry McNamara, M.D. and John McNamara, M.D. for the provision of ophthalmology services for the term of September 1, 2008 through August 31, 2011, in an amount not to exceed $254,700 per agreement

     
 

B)

The Chief Executive Officer of the San Mateo Medical Center or his designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

   

35.

Resolution (069738):

   
 

A)

Approving the acquisition of cook-chill system equipment through a Request for Proposals process

     
 

B)

Authorizing the Purchasing Agent to enter into a five-year competitively selected lease arrangement for the cook-chill equipment

SHERIFF

36.

Resolution (069739) authorizing:

   
 

A)

The acceptance of additional funding from the FY 2008 State Homeland Security Grant through the State of California Office of Homeland Security from the United States Department of Homeland Security, in the amount of $116,386

     
 

B)

The Sheriff in his capacity as Office of Emergency Services Area Coordinator to execute the grant and any related documents

     
   

The meeting was adjourned at 11:39 a.m. to reconvene on Tuesday October 21, 2008 at 8:15 a.m. in Closed Session – Litigation and Personnel Matters, and thereafter for the regularly scheduled Board meeting