PLEASE NOTE THERE WILL BE NO MEETING OF THE
BOARD OF SUPERVISORS ON JULY 29, 2008

Tuesday, July 22, 2008

 

The meeting was called to order at 9:02 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)

Conference with Legal Counsel – Existing Litigation

   
 

Michael Barrett v. County of San Mateo

 

San Mateo County Superior Court Case No. 469751

   
 

Coleman et al. v. Schwarzenegger et al.

 

United States District Court Case No. CIV S-90-0520 LKK JFM P

 

Plata et al. v. Schwarzenegger et al.

 

United States District Court Case No. C01-1351 THE

   
 

Rodriguez, Theresa, Conservatorship of, et al. v. Res-Care et al.

 

San Mateo County Superior Court Case No. 114740

   

B)

Conference with Legal Counsel – Anticipated Litigation

   
 

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

   
 

Two cases

   

C)

OSS Negotiations

 

County Negotiator: Diana Doughtie

   
 

No report.

   

2.

9:00 a.m.

REGULAR AGENDA (SEE PAGE 3)
CONSENT AGENDA
(SEE PAGE 5)
GOVERNING BOARD
(SEE PAGE 11)

     
 

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agendas are approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda.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

9:00 a.m.

Presentation of the Employee of the Month for July 2008 to Melissa Wong, Community Program Specialist, Health Department (County Manager)

     
   

Speakers recognized by the President:

   

John L. Maltbie, County Manager

   

Ellen Sweetin, Health Department

   

John Conley, Health Department

     

4.

ORAL COMMUNICATIONS

   
 

Speakers recognized by the president:

 

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

 

Therese Dyer, 1408 Crespi Drive, Pacifica 94044

MATTERS SET FOR SPECIFIED TIME

5.

9:00 a.m.

Who We Are and What We Do: Planning and Building Department (Supervisor Rose Jacobs Gibson)

     
   

Speakers recognized by the President:

   

Lisa Grote, Director, Planning and Building Department

     

6.

9:15 a.m.

Presentation by Emmett D. Carson, CEO and President of the Silicon Valley Community Foundation (Supervisor Rose Jacobs Gibson)

     
   

Speakers recognized by the President:

   

Supervisor Jerry Hill, Board of Supervisors

   

Pat Bresee

     

7.

10:00 a.m.

Resolution (069567) authorizing: (County Manager) (4/5ths vote required)

     

A)

An option to purchase and purchase agreement with the Redevelopment Agency of the City of East Palo Alto for County-owned improved surplus property located at the southeast corner of University Avenue and Bay Road, East Palo Alto, in the amount of $660,000

   

B)

The County Manager or his designee to execute any and all deeds, notices, consents, approvals, permits, escrow instructions and documents in connection with the agreement, including any purchase price adjustment as set forth in such agreement

   
 

Speakers recognized by the President:

 

John L. Maltbie, County Manager

 

Supervisor Jacobs Gibson, Board of Supervisors

   
 

Motion: Jacobs Gibson / Second: Gordon

   

8.

10:15 a.m.

Public hearing to consider a resolution authorizing: (Public Works) (Continued from the meeting of July 8, 2008)

     
   

A)

An energy service agreement with ABAG Energy Watch direct install lighting program contractor, ABI Services, Inc. to retrofit light fixtures in twenty County-owned and leased facilities, in the amount of $589,176.18

       
   

B)

The Director of the Department of Public Works to approve expenditures up to an additional $25,000 for project costs related to the Hall of Justice

       
     

1)

Report and recommendation

         
     

2)

Close public hearing – Motion: Hill / Second: Church

         
     

3)

Adopt resolution (069568) – Motion: Church / Second: Hill

         
       

Ayes: Supervisors Church, Gordon, Hill and Tissier

       

Noes: None

       

Absent: Supervisor Jacobs Gibson

         
       

Speakers recognized by the President:

       

James Porter, Director, Department of Public Works

REGULAR AGENDA

COUNTY COUNSEL

9.

Accept the report on Review of Options to Allow Board of Supervisors’ Action with Respect to Elected Officials and provide direction for further action

   
 

Speakers recognized by the President:

 

Michael Murphy, County Counsel

 

Supervisor Jerry Hill, Board of Supervisors

 

Supervisor Mark Church, Board of Supervisors

 

Supervisor Rich Gordon, Board of Supervisors

 

Supervisor Rose Jacobs Gibson, Board of Supervisors

 

Nathaniel Flynn, 2805 Adeline Drive, Burlingame 94010

 

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

   
 

This item was continued to an unspecified date.

COUNTY MANAGER

10.

Resolution (069569) authorizing a Memorandum of Understanding with the La Honda Fire Brigade and Kings Mountain Volunteer Fire Brigade, Inc. for the provision of volunteer fire protection and emergency response services in cooperation with the San Mateo County Fire Department

   
 

Speakers recognized by the President:

 

Reyna Farrales, Deputy County Manager

 

Supervisor Rich Gordon, Board of Supervisors

 

Supervisor Jerry Hill, Board of Supervisors

 

Michael Murphy, County Counsel

   
 

Motion: Gordon / Second: Hill

   

11.

Resolution (069570):

   
 

A)

Approving the issuance and sale by the San Mateo County Joint Powers Financing Authority of not to exceed $160 million aggregate principal amount of refunding lease revenue bonds (Youth Services Campus), 2008 Series A, for the refinancing of the outstanding auction rate securities of the Authority’s Lease Revenue Bonds (Youth Services Campus), 2003 Series A, 2003 Series B and 2003 Series C, or a conversion of such bonds

     
 

B)

Approving the forms of and distribution of an official statement for such bonds

     
 

C)

Authorizing the forms of and directing the execution and delivery of a supplemental indenture, remarketing agreements, a bond purchase contract and related financing documents

     
     
 

D)

Authorizing the taking of all necessary actions relating to the refinancing of the Series 2003 Bonds

   
 

Speakers recognized by the President:

 

Reyna Farrales, Deputy County Manager

   
 

Motion: Church / Second: Jacobs Gibson

   

12.

County Manager’s report:

   
 

A)

State budget update

     
 

B)

Summary of State ballot measures

     
   

Speakers recognized by the President:

   

John L. Maltbie, County Manager

   

Supervisor Rich Gordon, Board of Supervisors

BOARD OF SUPERVISORS

13.

Consideration of whether to introduce, and introduction of an ordinance imposing a business license tax on operators of commercial parking facilities and submitting to a vote of the electorate a proposed ordinance to impose a business license tax at a rate of eight percent (8%) of gross receipts of commercial parking facility operators in the unincorporated County (Finance and Operations Committee: Supervisors Mark Church and Rich Gordon)

   
 

Speakers recognized by the President:

 

John L. Maltbie, County Manager

   
 

This item was continued to the meeting of August 5, 2008.

   

14.

Consideration of whether to introduce, and introduction of an ordinance imposing a business license tax on operators of vehicle rental business and submitting to a vote of the electorate a proposed ordinance to impose a business license tax as a percentage of gross receipts of vehicle rental business in the unincorporated County (Supervisor Rich Gordon)

   
 

Speakers recognized by the President:

 

Supervisor Jerry Hill, Board of Supervisors

 

Michael Murphy, County Counsel

 

Peter Van Valkenburg, 1 Knot Lane Redwood City 94065

 

Robert Hunsinger, 693 Conmore Court, Brentwood 94513

 

Lorraine Tallarico, 513 Eccles Avenue, South San Francisco 94080

 

Len Almalech, 20875 Saratoga Hills Road, Saratoga 95070

   
 

This item was continued to the meeting of August 5, 2008.

   

15.

Board members’ committee reports

CONSENT AGENDA

ASSESSOR-COUNTY CLERK-RECORDER

16.

Resolution (069571): (Continued from the meeting of July 8, 2008)

   
 

A)

Accepting the certificate of the Chief Elections Officer as the statement of the votes as determined by the official canvass of the June 3, 2008 Statewide Direct Primary Election

     
 

B)

Declaring the person(s) elected nominated to certain offices

     
 

C)

Declaring appointed in lieu of holding an election the person(s) who filed declarations of candidacy

     
 

D)

Declaring the results of local ballot measures

BOARD OF SUPERVISORS

17.

Resolution (2829) honoring Coach Ann Stluka as the honoree of the 2008 Principal’s Blue and White Ball for South San Francisco High School (Supervisor Mark Church)

   

18.

Ratification of a resolution (2830) honoring Mike Borstel upon receiving the 2008 C.O.P.E. Unity Award presented by the San Mateo County Central Labor Council, AFL-CIO (Supervisor Adrienne Tissier)

   

19.

Ratification of a resolution (2831) honoring Carlos, Terri, Stephanie, Randi, Staci and Roxy Flores upon receiving the 2008 C.O.P.E. Unity Honorable Mention Award presented by the San Mateo County Central Labor Council, AFL-CIO (Supervisor Adrienne Tissier)

   

20.

Ratification of a resolution (2832) honoring Stan Kiino upon receiving the 2008 C.O.P.E. Unity Award presented by the San Mateo County Central Labor council, AFL-CIO (Supervisor Adrienne Tissier)

COUNTY MANAGER

21.

Resolution (069572) amending Resolution 068419 concerning the transportation allowance for elected officials and certain unrepresented management personnel, increasing the amount by $71 to $513 each pay period

DISTRICT ATTORNEY

22.

Resolution (069573):

   
 

A)

Waiving the Request for Proposal process and authorizing an agreement with MTG Management Consultants, LLC for the provision of a needs assessment analysis for the District Attorney’s new Case Management System for FY 2008-09, in an amount not to exceed $118,620

     
 

B)

Authorizing the District Attorney to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

HEALTH

23.

Resolution (069574) authorizing:

   
 

A)

An agreement with the California Department of Aging for the continuation of the Multipurpose Senior Services Program for FYs 2008-10, in the amount of $1,542,600

     
 

B)

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

   

24.

Resolution (069575) authorizing:

   
 

A)

An agreement with the California Environmental Protection Agency to implement the Aboveground Petroleum Storage Act Program for the term of January 1, 2008 through March 1, 2010, in the amount of $78,850.41

     
 

B)

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

   

25.

Resolution (069576) authorizing a performance agreement with the State Department of Mental Health for the provision of mental health services program for FYs 2007-10

   

26.

Resolution (069577) authorizing an agreement with the Child Care Coordinating Council of San Mateo County for the provision of community worker and child care services for FY 2008-09, in an amount not to exceed $159,592, no Net County Cost

   

27.

Resolution (069578) authorizing an amendment to the agreement with the State Department of Mental Health for Mental Health Services Act funding, extending the term through June 30, 2009

   

28.

Resolution (069579) authorizing an amendment to the agreement with the City of Daly City adding family health community worker services for FY 2008-09, increasing the amount by $67,296 to $377,676, $33,648 is Net County Cost

   

29.

Resolution (069580) authorizing an amendment to the agreement with Asian American Recovery Services for the provision of community-based alcohol and other drug prevention services and a social marketing campaign focused on young people, increasing the amount by $30,100 to $255,100, $5,100 is Net County Cost

HOUSING

30.

Resolution (069581) authorizing:

   
 

A)

An agreement with North Peninsula Neighborhood Services Center for operation of the Housing Revitalization Program for FY 2008-09, in an amount not to exceed $118,000, no Net County Cost

     
 

B)

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

HUMAN RESOURCES

31.

A)

Report recommending denial of the following claims:

   
 

Claims (Non-Culpable)

   
 

Miguel Azares

Heinrich Binsfeld

     
 

J.W. Bennett

Muyesser Wolfson

     
 

B)

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

     
 

Tarek Nijem

   

32.

Resolution (069582) enacting Section 31641.04 of the Government Code enabling otherwise eligible employees in the classification of Food Services Worker I/II to select an early retirement option as an alternative to layoffs

   

33.

Adoption of the Master Salary Ordinance (04428) for FY 2008-09, previously introduced on July 8, 2008 and waiver of reading the ordinance in its entirety

HUMAN SERVICES

34.

Resolution (069583) waiving the Request for Proposal process and authorizing agreements for the provision of Stage 2 child care and child development services for FYs 2008-11, with future year funding added in the form of amendments when funding is allocated by the California Department of Education, no Net County Cost:

   
 

A)

Child Care Coordinating Council, in the amount of $1,995,000 for FY 2008-09

     
 

B)

Professional Association for Childhood Education, in the amount of $855,000 for FY 2008-09

   

35.

Resolution (069584):

   
 

A)

Waiving the Request for Proposal process and authorizing an agreement with Exemplar Human Services, LLC for the provision of analysis of CalWIN data and Exemplar Academy sessions to assist staff in improving welfare to work outcomes for the term of July 22, 2008 through December 31, 2009, in an amount not to exceed $346,480, no Net County Cost

     
 

B)

Authorizing the Director of the Human Services Agency or her designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

   

36.

Resolution (069585) authorizing:

   
 

A)

An agreement with Youth and Family Enrichment Services for the provision of Differential Response case management services in the Southern Region for FYs 2008-11, in the amount of $1,787,460, no Net County Cost

     
 

B)

The Director of the Human Services Agency or her designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

   

37.

Resolution (069586) authorizing an amendment to the agreement with the City of Daly City - Daly City Community Center for the provision of core services, increasing the amount by $273,142 to $405,735, $273,142 is Net County Cost

   

38.

Resolution (069587) authorizing an amendment to the agreement with El Concilio of San Mateo County for the provision of core services, increasing the amount by $283,656 to $414,072, $268,656 is Net County Cost

   

39.

Resolution (069588) authorizing an amendment to the agreement with InnVision – The Way Home for the provision of administration and coordination of emergency homeless shelter services, increasing the amount by $99,615 to $211,754, no Net County Cost

   

40.

Resolution (069589) authorizing:

   
 

A)

An amendment to the agreement with Interfaith Hospitality Network for the provision of a Rotating Shelter Program for homeless families, increasing the amount by $113,674 to $168,856, $6,524 is Net County Cost

     
 

B)

The Director of the Human Services Agency or her designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

   

41.

Resolution (069590) authorizing an amendment to the agreement with North Peninsula Neighborhood Service Center, Inc. for the provision of safety net and referral services, increasing the amount by $265,352 to $409,164, $265,352 is Net County Cost

   

42.

Resolution (069591) authorizing an amendment to the agreement with Samaritan House for the provision of core services, increasing the amount by $231,482 to $351,570, $216,482 is Net County Cost

   

43.

Resolution (069592) authorizing an amendment to the agreement with Samaritan House – Safe Harbor for the operation of the Safe Harbor Shelter, increasing the amount by $812,130 to $1,357,524, $663,812 is Net County Cost

   

44.

Resolution (069593) authorizing:

   
 

A)

An amendment to the agreement with Second Harvest Food Bank for the provision of Operation Brown Bag and the Food Assistance Program, increasing the amount by $130,380 to $230,380, $130,380 is Net County Cost

     
 

B)

The Director of the Human Services Agency or her designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

   

45.

Resolution (069594) authorizing an amendment to the agreement with Shelter Network for the provision of homeless shelter operation services, increasing the amount by $803,317 to $1,286,101, $640,317 is Net County Cost

   

46.

Resolution (069595) authorizing an amendment to the agreement with Shelter Network for the provision of the Motel Voucher Program and the Transitional Housing for Families with Special Needs Program, increasing the amount by $1,642,616 to $2,428,303, $743,038 is Net County Cost

PARKS

47.

Resolution (069596) authorizing:

   
 

A)

An agreement with WRA, Inc. for final design, specifications and permitting services for a quarter-mile segment of the California Coastal Trail and beach access improvements within Fitzgerald Marine Reserve for the term of July 22, 2008 through July 31, 2009, in an amount not to exceed $174,979, no Net County Cost

     
 

B)

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

PROBATION

48.

Resolution (069597) waiving the Request for Proposal process and authorizing an agreement with the Peninsula YMCA c/o YMCA of San Francisco for the provision of day, weekend and evening pilot program serving youth on probation for FYs 2007-09, in an amount not to exceed $408,584, no Net County Cost

PUBLIC WORKS

49.

Resolution (069598) authorizing agreements with the Crosby Group, Biggs Cardosa & Associates, and KPW Engineers for the provision of professional consulting services on various projects for FYs 2008-11, in an amount not to exceed $300,000 per agreement

   

50.

Resolution (069599) authorizing agreements with Guttmann & Blaevoet, Interface Engineering, and Mazzetti & Associates for the provision of professional consulting services on various projects for FYs 2008-11, in an amount not to exceed $200,000 per agreement

   

51.

Resolution (069600) authorizing an agreement with Kone, Inc. for the provision of elevator maintenance and repair services at various County facilities managed by the Facilities Maintenance and Operations Division for the term of August 1, 2008 through July 31, 2011, in an amount not to exceed $452,491, with an option to renew for an additional two years, in an amount not to exceed $354,677

   

52.

Resolution (069601):

   
 

A)

Approving revised plans and specifications and determining prevailing wage scales for the MidCoast Drainage Improvement Project, Moss Beach area

     
 

B)

Awarding a contract to Stoloski and Gonzales, Inc., in the amount of $356,500

   

53.

Resolution (069602) rejecting all bids received for the County Office Building elevator modernization and authorizing the Director of the Department of Public Works to re-advertise the project

 

(Tuesday, September 9, 2008 at 2:30 p.m.)

   

54.

Make a finding to continue the local emergency declaration for constructing slope stabilization within the landslide, La Honda area

SAN MATEO MEDICAL CENTER

55.

Resolution (069603) authorizing:

   
 

A)

An agreement with California Emergency Physicians Medical Group for the provision of emergency medical and correctional health services for FYs 2008-10, in an amount not to exceed $7,530,110

     
 

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

   

56.

Resolution (069604) authorizing:

   
 

A)

An amendment to the agreement with Seton Medical Center for the provision of tertiary medical services, extending the term through June 30, 2008, increasing the amount by $1,200,000 to $2,200,000

     
 

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

GOVERNING BOARD

MATTERS SET FOR SPECIFIED TIME

57.

9:30 a.m.

Acting as the Governing Board of the Burlingame Hills Sewer Maintenance District, Crystal Springs County Sanitation District, Devonshire County Sanitation District, Edgewood Sewer Maintenance District, Emerald Lake Heights Sewer Maintenance District, Fair Oaks Sewer Maintenance District, Harbor Industrial Sewer Maintenance District, Kensington Square Sewer Maintenance District, Oak Knoll Sewer Maintenance District and Scenic Heights County Sanitation District:

     

A)

Adopt of an ordinance (04429) increasing the FY 2008-09 sewer service rates for the Burlingame Hills Sewer Maintenance District (BHSMD), maintaining the Crystal Springs County Sanitation District rates at the same level as FY 2007-08 and setting the rates for FY 2008-09 for the remaining eight districts, previously introduced on June 3, 2008 and waiver of reading the ordinance in its entirety

   
 

Motion: Church / Second: Gordon

   

B)

Hold a public hearing to consider increasing the sewer service rate for the BHSMD and imposing the sewer service charges for all ten districts, calculated on the basis of the adopted sewer service rates

   

C)

After considering written and oral comments, determine whether there is a majority protest in the BHSMD

   

D)

If there is a majority protest in the BHSMD, adopt a resolution setting the FY 2008-09 sewer service rates and charges for the BHSMD based on the sewer service rate in affect for FY 2007-08, and direct staff to recalculate the sewer service charges for the BHSMD

   

E)

Adopt a resolution imposing the FY 2008-09 sewer service charges based on the adopted sewer service rates

   
 

1)

Report and recommendation

     
 

2)

Close public hearing – Motion: Church / Second: Hill

     
 

3)

Adopt resolution (069605) – Motion: Church / Second: Gordon

   
 

Speakers recognized by the President:

 

James Porter, Director, Department of Public Works

 

John Keller, 96 Tiptoe Lane, Burlingame 94010

 

Alison Sampson, 70 Tiptoe Lane, Burlingame 94010

 

Supervisor Mark Church, Board of Supervisors

 

Jack Simke submitted a letter of protest

   

58.

9:45 a.m.

Acting as the Governing Board of the San Mateo County Flood Control District, conduct a public hearing to consider a resolution: (4/5ths vote required)

     

A)

Adopting the 2008-09 Water Pollution Control Service Charges Report for Flood Control Zone One - Countywide

   

B)

Directing staff to file the report with the County Controller

   

C)

Authorizing the Director of Department of Public Works to refund any overcharge contained in the report to the owner of the parcel that was overcharged when the overcharge resulted from data, data entry or computation errors

   
 

1)

Report and recommendation

     
 

2)

Close public hearing – Motion: Hill / Second: Jacobs Gibson

     
 

3)

Adopt resolution (069606) – Motion: Jacobs Gibson / Second: Hill

   
 

Ayes: Supervisors Church, Gordon, Hill, Jacobs Gibson

 

Noes: None

 

Absent: Supervisor Tissier

   
 

Speakers recognized by the President:

 

James Porter, Director, Department of Public Works

   

59.

9:45 a.m.

Acting as the Governing Board of the San Mateo County Flood Control District, conduct a public hearing to consider a resolution: (4/5ths vote required)

     

A)

Adopting the 2008-09 Water Pollution Control Service Charges Report for Flood Control Zone Two - City of Pacifica

   

B)

Directing staff to file the report with the County Controller

   

C)

Authorizing the Director of Department of Public Works to refund any overcharge contained in the report to the owner of the parcel that was overcharged when the overcharge resulted from data, data entry or computation errors

   
 

1)

Report and recommendation

     
 

2)

Close public hearing – Motion: Hill / Second: Jacobs Gibson

     
 

3)

Adopt resolution (069607) – Motion: Jacobs Gibson / Second: Hill

     
   

Ayes: Supervisors Church, Gordon, Hill, Jacobs Gibson

   

Noes: None

   

Absent: Supervisor Tissier

     
 

Speakers recognized by the President:

 

James Porter, Director, Department of Public Works

CONSENT AGENDA

 

60.

Acting as the Governing Board of County Service Area No. 8, adopt a resolution (069608) setting the time and place for a public hearing to consider the adoption of the FY 2008-09 Garbage and Recyclables Collection Charges Report

   
 

(Tuesday, August 5, 2008 at 9:15 a.m.)

   
 

The meeting adjourned at 11:20 a.m. in memory of Van Simon, Loren Beckly, Ken Dickerson and Dr. Nicholas Choppelas. The next Board meeting will reconvene on Tuesday, August 5, 2008 in Closed Session - Litigation and Personnel Matters, and thereafter for the regularly scheduled Board meeting