The meeting was called to order at 9:17 a.m.

Tuesday, January 25, 2011

PLEDGE OF ALLEGIANCE

ROLL CALL – Present: Supervisors Groom, Horsley, Jacobs Gibson and Tissier

Absent: None

1.

9:00 a.m.

ORAL COMMUNICATIONS AND PUBLIC TESTIMONY ON CONSENT OR CLOSED SESSION AGENDA ITEMS

Speakers recognized by the President:

Wynn, Grcich, A.T.O.W.N

Alicia Leduna, South San Francisco

Chad Hooker, Half Moon Bay

David S. Boesch, County Manager

Paul McGregor, Montara

If your subject is not on the agenda, or if you wish to speak on a consent or closed session agenda item, the President will recognize you at this time. Speakers are customarily limited to two minutes. A speaker’s slip is required.

2.

REGULAR AGENDA (SEE PAGE 5)
CONSENT AGENDA (SEE PAGE 6)

Motion: Jacobs Gibson / Second: Tissier

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agenda are approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda.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

CLOSED SESSION

A)

County Negotiations: SEIU, CNA, DSA, PDA, UAPD

County Negotiator: Diana Doughtie

B)

Conference with Legal Counsel – Existing Litigation

In Re: Lehman Brothers Holding Inc., et al.

United States Bankruptcy Court Case No. 08-13555 (JMP)

Thomas Mahon v. County of San Mateo

Court of Appeal Case No. A130337

Montara Water and Sanitary District v. County of San Mateo

United States District Court Case No. CV08-2814-JF

The San Mateo County Investment Pool v. Richard S. Fuld, Jr., et al.

San Francisco Superior Court Case No. CGC 08 481841

C)

Conference with Legal Counsel-Anticipated Litigation

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

One case

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

One case

The Board recessed to Closed Session at 10:56 a.m.

The Board reconvened the open session at 11:52 a.m. and County Counsel made the following report: No reportable action was taken.

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 scheduled time.

4.

9:00 a.m.

Recognize and commend the County’s onsite Master’s in Public Administration cohort upon their successful completion of the three and a half year degree program: Lawrence Cualoping, Garrett Dunwoody, Bianca Fasuescu, Francisco Gomez, Alice Hilker, Mark Korwald, Mina Lim, Irene Maxwell, Elida Oettel, Lisa Okada and Karen Pugh (Human Resources)

Speaker recognized by the President:

Donna Vaillancourt, Human Resources

5.

9:15 a.m.

Accept the report on San Mateo County Take a Hike 2010 (Parks)

Speakers recognized by the President:

Dave Holland, Department of Parks

Supervisor Rose Jacobs Gibson, Board of Supervisors

Supervisor Don Horsley, Board of Supervisors

Supervisor Carole Groom, Board of Supervisors

Supervisor Adrienne Tissier, Board of Supervisors

Motion: Tissier / Second: Jacobs Gibson

6.

9:30 a.m.

Public hearing to consider the purchase of real property for the acquisition of the office complex known as Circle Star Plaza consisting of two four-story buildings, a total of approximately 208,000 square feet of office space located at One and Two Circle Star Way, San Carlos (County Manager)

A)

Report and recommendation

B)

Close public hearing

Motion: Tissier / Second: Jacobs Gibson

C)

Adopt a resolution (071219) authorizing:

1)

An agreement with Circle Star Investors, LLC in the amount of $39,950,000

2)

The County Manager or his designee to execute notices, documents and agreements associated with the acquisition of the property including without limitation escrow instructions and a certificate of acceptance in order to facilitate the acquisition and to meet the intent of the resolution

Motion: Jacobs Gibson / Second: Groom

Ayes: Supervisors Groom, Horsley, Jacobs Gibson and Tissier

Noes: None

D)

Adopt a resolution (071220) authorizing a transfer in the amount of $40,650,000 from Non-Departmental ERAF Reserves to various accounts for the acquisition of the property and related fees and costs, including title and escrow, due diligence and related studies (4/5ths vote required)

Motion: Jacobs Gibson / Second: Horsley

Speaker recognized by the President:

Steve Alms, County Manager’s Office

Ayes: Supervisors Groom, Horsley, Jacobs Gibson and Tissier

Noes: None

7.

9:30 a.m.

Public hearing to consider an appeal for a design review permit to construct a new 4,155 square foot single-family residence, removal of five trees, and a grading permit for 755 cubic yards of cut and fill for the project located at 726 Bayview Way, unincorporated Emerald Lake Hills (Owner/Applicant: Ayoub Farahyar / Appellants: Liwen Huang, Stephen M. Munich, David Smith and Virginia Smith) (Planning and Building)

A)

Report and recommendation

B)

Close public hearing

Motion: Tissier / Second: Horsley

C)

Approve or deny appeal

Speakers recognized by the President:

Jim Eggemeyer, Planning and Building

Fred Herring, Project Designer

Michael McCracken, Appellant’s Attorney

Ralph Osterling, Consultant

Stephen Munich, Appellant

Pete Samaras, Emerald Hills

Supervisor Adrienne Tissier, Board of Supervisors

Supervisor Don Horsley, Board of Supervisors

Supervisor Rose Jacobs Gibson, Board of Supervisors

David S. Boesch, County Manager

This item was continued to the meeting of March 1, 2011.

8.

9:45 a.m.

Public hearing to consider certifying a Mitigated Negative Declaration, adopting a resolution amending the San Mateo County General Plan Land Use Map and approve a minor subdivision to change the land use designation of a 29,845 square foot parcel from Low Density Residential to Medium-Low Density Residential, and subdivide the parcel into two lots of 15,746 square feet and 14,099 square feet for the property located at 787 Hillcrest Drive, unincorporated Emerald Lake Hills (Applicant: J. R. Rodine / Owner: Anthony and Carol Egan) (Planning and Building)

A)

Report and recommendation

B)

Close public hearing

Motion: Tissier / Second: Jacobs Gibson

C)

Certify the Mitigated Negative Declaration as complete, correct, and adequate, and prepared in accordance with the California Environmental Quality Act (CEQA)

Motion: Horsley / Second: Jacobs Gibson

D)

Adopt a resolution (071221) amending the San Mateo County General Plan Land Use Map affecting one parcel on Hillcrest Drive, unincorporated Emerald Lake Hills changing the land use designation from Low Density Residential to Medium-Low Density Residential

Motion: Horsley / Second: Jacobs Gibson

E)

Approve a subdivision of the 29,845 square foot parcel into two lots of 15,746 square feet (Parcel 1) and 14,099 square feet (Parcel 2), respectively by adopting the required findings and conditions of approval

Motion: Horsley / Second: Jacobs Gibson

Speakers recognized by the President:

Jim Eggemeyer, Planning and Building

J.R. Rodine, Applicant

Ayes: Supervisors Groom, Horsley, Jacobs Gibson and Tissier

Noes: None

9.

1:30 p.m.

Budget Workshop, Room 101, 455 County Center, Redwood City (County Manager)

10.

Resolution (071222) establishing a loading zone at 420 Warrington Avenue, North Fair Oaks (Continued from the meeting of January 11, 2011)

This item was moved to the consent agenda.

11.

County Manager’s report:

Resolution (071223) approving San Mateo County’s Federal Funding Requests for Federal FY 2012

This item was moved to the consent agenda.

12.

Board members’ committee reports

Supervisor Jacobs Gibson thanked the Honorable John Tavaglione, President of the California State Association of Counties for visiting the County of San Mateo to meet with the County Manager and departments.

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.

13.

Approve the minutes for the meeting of January 11, 2011

14.

Resolution (071224) authorizing the Chief Elections Officer to render specified election services for the Brisbane School District in conjunction with a special election to be held on Tuesday, March 8, 2011

15.

Recommendation for the reappointments of Louis A. Liberty and Linda Crowe to the Law Library Board of Trustees, terms expiring December 31, 2014 (Supervisor Carole Groom)

16.

Ratification of a resolution (3163) honoring District Attorney James P. Fox upon his retirement from San Mateo County (Supervisor Don Horsley)

17.

Ratification of a resolution (3164) honoring Battalion Chief Joseph E. Telles upon his retirement from the San Bruno Fire Department (Supervisor Carole Groom)

18.

Introduction of an ordinance adding Sections 2.71.220 and 2.71.230 to Title 2, Chapter 2.71 of the San Mateo County Ordinance Code authorizing the waiver of salary and other compensation by members of the Board of Supervisors who are receiving retirement pension benefit payments from the San Mateo County Employees’ Retirement Association and waiver of reading the ordinance in its entirety

This item was continued to the meeting of February 8, 2011 for adoption.

19.

Approve corrections to identified tax rolls and corresponding tax refunds and authorize execution of the roll correction requests

20.

Deny the claim for refund of property taxes for the 2008 Supplemental and 2009 Annual Assessments for a vacant lot located in Belmont, owned by Dr. Marco Chavez doing business as Belmont Lot LLC

21.

Deny the claim for refund of property taxes for Sprint’s State Board-allocated unitary assessment for 2008

22.

Adoption of an ordinance (04534) adding Section 2.01.120 to Title 2, Article 2.0, Chapter 2.01 of the San Mateo County Ordinance Code allowing the expenditure of funds for the training and orientation of elected members of the Board of Supervisors who have yet to assume office, previously introduced on December 14, 2010 and waiver of reading the ordinance in its entirety (Continued from the meeting of January 11, 2011)

23.

Resolution (071225) authorizing:

A)

A permit agreement with GTE Mobilnet of California Limited Partnership doing business as Verizon Wireless for a wireless communication facility located at the Tower Road Communication Facility for the term of September 1, 2011 through August 31, 2016 with one option to extend the term for an additional five years for the initial monthly rate of $3,700

B)

The County Manager or his designee to accept or execute notices, options and documents associated with the agreement, including but not limited to extension or termination of the agreement under the terms set forth

24.

Resolution (071226) directing the County Manager to identify job classifications most crucial to budget control and stabilization and authorizing the offer of a cash incentive to select employees in those job classifications to voluntarily separate from County service in accordance with specified terms

25.

Resolution (071227) authorizing:

A)

A Memorandum of Understanding between the Superior Court of San Mateo County and the County of San Mateo to continue providing certain trial court operation services

B)

The County Manager or his designee to execute subsequent amendments and minor modifications in an amount not to exceed $25,000

26.

Pursuant to Government Code Section 54956.8 identify the following information prior to holding a closed session for the purpose of giving instructions regarding the possible purchase of real property:

Agency Negotiator(s):

County Manager or his designee

Real Property at issue:

APNs: 046-240-180 and 052-103-170

One and Two Circle Star Way, San Carlos consisting of approximately 6.40 acres of land together with the improvements

Negotiating Party:

Circle Star Investors, LLC

27.

Resolution (071228) authorizing the District Attorney to:

A)

Submit a grant application to the California Emergency Management Agency for the provision of funding its Victim/Witness Assistance Program for FY 2010-11 in the amount of $380,081, $294,802 is Net County Cost

B)

Execute a grant award agreement including any extensions or amendments which do not require commitment of County funds

28.

Acting as the Governing Board of the San Mateo County Flood Control District, adopt a resolution (071229) in connection with the Colma Creek Flood Control Channel Wall Repair Project:

A)

Certifying the Initial Study / Mitigated Negative Declaration dated August 26, 2010

B)

Authorizing the Director of the Department of Public Works to proceed with preparing plans and specifications

C)

Authorizing the Director of the Department of Public Works to proceed with advertising for bids and report back with recommendations on awarding a contract

29.

Acting as the Governing Board of the Granada Highway Lighting District, adopt a resolution (071230) authorizing the installation of a streetlight on Avenue Balboa, El Granada area

30.

Resolution (071231):

A)

Authorizing an agreement with MedAssets Supply Chain Systems, LLC for the provision of a group purchasing program for the term of January 1, 2011 through December 31, 2015 with two one year extensions

B)

Authorizing the Purchasing Agent to enter into purchase orders, vendor agreements, lease-purchase agreements, lease agreements, rental and service agreements for supplies, services and equipment with vendors through MedAssets Supply Chain Systems, LLC

C)

Waiving the bid process and Request for Proposals process for all purposes for future goods/services provided under the group purchase agreement

31.

Resolution (071232) authorizing the Chief of the Health System to execute an agreement with Peninsula Volunteers, Inc. for the donation of a van for use in support of its senior programs

32.

Resolution (071233) authorizing:

A)

An agreement with Shelter Network of San Mateo County for the provision of case management services to the County’s homeless population for the term of November 1, 2010 through October 31, 2013 in an amount not to exceed $276,750, no Net County Cost

B)

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

33.

A)

Resolution (071234) authorizing an amendment to the agreement with the California Department of Aging for enhancing or maintaining service levels in the Ombudsman Program, increasing the amount by $48,876 to $2,802,285, no Net County Cost

B)

Resolution (071235) authorizing a transfer in the amount of $48,876 from Unanticipated Revenue to Provider Services Programs for one-time only federal funding (4/5ths vote required)

34.

A)

Resolution (071236) authorizing an amendment to the agreement with the California Department of Aging for enhancing services for older adults, increasing the amount by $28,183 to $301,141, no Net County Cost

B)

Resolution (071237) authorizing a transfer in the amount of $28,183 from Unanticipated Revenue to Provider Services Programs for one-time only federal funding (4/5ths vote required)

35.

Resolution (071238) authorizing the County Manager to execute:

A)

An intergovernmental agreement with the California Department of Health Care Services for the transfer of public funds for FY 2010-11 in the amount of $11,314,800

B)

Future intergovernmental agreements with the California Department of Health Care Services

36.

Resolution (071239) authorizing the acceptance of a base award augmentation from the California Department of Public Health, Tuberculosis Control Branch for the provision of tuberculosis prevention and control activities for FY 2010-11 in the amount of $23,884, no Net County Cost

37.

Resolution (071240) authorizing an amendment to the agreement with the California Managed Risk Medical Insurance Board to maintain the current rate payments, extending the term through September 30, 2011, increasing the amount by $366,645 to $2,504,899 and to make changes to Exhibits A and B of the agreement

38.

Resolution (071241) authorizing an amendment to the agreement with the San Mateo Health Commission doing business as the Health Plan of San Mateo for the care of patients who are members of the CareAdvantage Plan, increasing the inpatient mental health services per diem rate by $42.93 to $1,172.71 per acute day effective January 1, 2011

39.

Resolution (071242) authorizing an amendment to the agreement with Histo-Tech Laboratory for the provision of anatomic pathology slide preparation and histology services, extending the term through December 31, 2011, increasing the amount by $216,000 to $648,000

40.

Resolution (071243) authorizing the President of the Board to approve and execute any and all documents required for participation in the Low Income Health Program for the term of January 1 through June 30, 2011

41.

Adoption of an ordinance (04535) amending the salary ordinance deleting one Clinical Services Manager I – Nursing and adding one Clinical Services Manager II – Nursing positions to the San Mateo Medical Center, previously introduced on December 14, 2010 and waiver of reading the ordinance in its entirety (Continued from the meeting of January 11, 2011)

42.

Resolution (071244) authorizing:

A)

An agreement with Elaine Simmons for the provision of occupational health training, scheduling or pre-placement physicals, annual health surveillance physicals and the monitoring of records to insure completion as required under Occupational Safety and Health Administration and Title 8 for the term of January 1, 2011 through December 31, 2013 with a two year option to extend in an amount not to exceed $491,000

B)

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

43.

Introduction of an ordinance amending the salary ordinance and accepting the report on the total amount of positions in the County and waiver of reading the ordinance in its entirety

This item was continued to the meeting of February 8, 2011 for adoption.

44.

Adoption of an ordinance (04536) amending the salary ordinance adding three unclassified positions; a Human Services Supervisor, a Human Services Analyst II and an Employment Services Specialist II, previously introduced on January 11, 2011 and waiver of reading the ordinance in its entirety

45.

Resolution (071245):

A)

Rescinding Resolution No. 071102 and approving the application for acceptance of a California Department of Parks and Recreation Land and Water Conservation Fund grant for the Crystal Springs Regional Trail South of Dam Project in the amount of $225,000

B)

Authorizing the Director of the Department of Parks or his designee to conduct all negotiations, execute and submit all documents, including but not limited to applications, contracts, amendments, payment requests and compliance with all applicable current state and federal laws which may be necessary for the completion of the project and make all necessary grant assurances

46.

Resolution (071246):

A)

Approving the application and acceptance of a grant from the California State Coastal Conservancy for construction of the Fitzgerald Marine Reserve Coastal Trail in the amount of $250,000

B)

Authorizing the Director of the Department of Parks or his designee t execute all necessary applications, contracts, agreements, amendments and payment requests for the purpose of implementing the grant application and make all necessary grant assurances

47.

Adoption of an ordinance (04537), previously introduced on December 14, 2010 and waiver of reading the ordinance in its entirety: (Continued from the meeting of January 11, 2011)

A)

Adopting the latest editions of the 2010 California: Building Standards Code, Title 24, Part 2, Residential Code, Title 24, Part 2.5, Electrical Code, Part 3, Mechanical Code, Part 4, Plumbing Code, Part 5, Energy Code, Part 6, Elevator Safety Construction Code, Part 7, Historical Building Code, Part 8, Fire Code, Part 9, Existing Building Code, Part 10, Green Building Standards Code, Part 11 and Reference Standards Code, Part 12

B)

Re-adopting Division VII of the San Mateo County Ordinance Code amending Sections, 9100, 9150, 9180, 9200, 9104, 9113, 9114, 9117, 9184, 9015, 9041 and 9058, adding Sections 9118 and 9119, and amending the Ordinance Code to reference the International Building Code and the International Residential Code

48.

Resolution (071247) approving amendments to the Board of Retirement regulations:

A)

Amending regulation 3.11 and 3.13 of Article III, Election of Trustees

B)

Amending regulations 5.1(e)(f), 5.3(b) and 5.6 of Article V, Disability Retirement

C)

Repealing and replacing Article VI, Purchase of Credit for Public Service consisting of regulations 6.1 through 6.7

49.

Resolution (071248) authorizing:

A)

An agreement with Central Valley Toxicology, Inc. for the provision of forensic laboratory test analysis for the term of February 1, 2011 through January 31, 2014 in an amount not to exceed $125,000, $125,000 is Net County Cost

B)

The Sheriff to execute subsequent amendments and minor modifications in an amount not to exceed $25,000

50.

Recommendation for the appointment of Denise Porterfield to the San Mateo County Treasury Oversight

The meeting was adjourned at 11:52 a.m. in memory of Madeline Duggan, Don Brissenden, Gino Gasparini, Clarice Haylett Vaughan, Eva Chirolo, and Nancy Levitt.