The meeting was called to order at 9:04 a.m.

Tuesday, July 26, 2011

PLEDGE OF ALLEGIANCE

ROLL CALL – Present: Supervisors Pine, 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

Speaker(s) recognized by the President:

Monica Berlin, San Mateo

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 6)
CONSENT AGENDA (SEE PAGE 8)

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agenda are approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda.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

3.

CLOSED SESSION

The Board will adjourn to closed session to consider the following items at the end of the agenda, or at any time during the meeting as time permits. At the conclusion of closed session, the Board will reconvene in open session to report on any actions taken for which a report is required by law.

A)

Conference with Legal Counsel - Existing Litigation

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

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

Sprint Spectrum L.P. v. San Mateo County Board of Supervisors, et al.

United States District Court Case No. CV11-0056

B)

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 the regular Closed Session at 12:21 p.m.

The Board reconvened the open session at 1:02 p.m.

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.

Presentation of the Employee of the Month for July 2011 to Kathleen Pape, Fiscal Office Specialist, Sheriff’s Office (County Manager)

Speaker(s) recognized by the President:

David S. Boesch, County Manager

Lt. Ed Barbarini, Sheriff’s Office

Captain John Quinlan, Sheriff’s Office

Assistant Sheriff Trisha Sanchez, Sheriff’s Office

Kathleen Pape, Recipient

Supervisor Adrienne Tissier, Board of Supervisors

Supervisor Rose Jacobs Gibson, Board of Supervisors

Supervisor Don Horsley, Board of Supervisors

5.

9:00 a.m.

Presentation of a proclamation (3230) designating August 7, 2011 as Tour de Peninsula Day (Supervisor Carole Groom)

Speaker(s) recognized by the President:

Supervisor Carole Groom, Board of Supervisors

Connie Sevier, San Mateo County Parks Foundation

Motion: Groom / Second: Tissier

6.

9:00 a.m.

Presentation of a proclamation (3231) designating August 2011 as World Breast Feeding Awareness Month (Supervisor Carole Groom)

Speaker(s) recognized by the President:

Supervisor Carole Groom, Board of Supervisors

Eliana Schultz, Health System

Motion: Pine / Second: Tissier

7.

9:00 a.m.

Acting as the Governing Board of the ten County Sewer / Sanitation Districts and after conducting a public hearing adopt: (Department of Public Works)

A)

An ordinance (04577) amending Section 4.32.020 of Chapter 4.32 of Title 4 of the San Mateo County Ordinance Code setting the sewer service rate for FY 2011-12 for the Burlingame Hills Sewer Maintenance District and setting the FY 2011-12 sewer service rate for the Crystal Springs County Sanitation District at the same level as FY 2010-11, previously introduced on June 7, 2011 and waiver of reading the ordinance in its entirety; and

B)

A resolution (071535):

1)

Authorizing the imposition of sewer service charges for FY 2011-12; and

2)

Directing the filing of the FY 2011-12 Sewer Service Charges Report for the ten County Sewer/Sanitation Districts with the County Controller; and

3)

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

C)

Report and recommendation

D)

Close public hearing

Motion: Tissier / Second: Jacobs Gibson

E)

Adopt ordinance

Motion: Tissier / Second: Pine

F)

Approve resolution

Motion: Tissier / Second: Pine

Speaker(s) recognized by the President:

Jim Porter, Public Works

Supervisor Dave Pine, Board of Supervisors

Steve Epstein, Burlingame Hills Improvement Association

Supervisor Rose Jacobs Gibson, Board of Supervisors

Motion: Tissier / Second: Pine

Ayes: Supervisors Pine, Groom, Horsley, Jacobs Gibson and Tissier

Noes: None

8.

9:00 a.m.

Acting as the Governing Board of the County Service Area No. 8 (North Fair Oaks) and after conducting a public hearing, adopt a resolution (071536): (Department of Public Works)

A)

Adopting the FY 2011-12 Garbage and Recyclables Collection Service Charges Report for County Service Area No. 8; and

B)

Directing the filing of the FY 2011-12 Garbage and Recyclables Collection Service Charges Report with the County Controller; and

C)

Authorizing the Director of the Department of Public Works to refund any overcharge contained in the FY 2011-12 Garbage and Recyclables Collection Service Charges 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: Jacobs Gibson / Second: Horsley

3)

Approve resolution

Motion: Jacobs Gibson / Second: Horsley

Speaker(s) recognized by the President:

Jim Porter, Public Works

Motion: Jacobs Gibson / Second: Horsley

Ayes: Supervisors Pine, Groom, Horsley, Jacobs Gibson and Tissier

Noes: None

9.

9:30 a.m.

Public hearing to consider an appeal of the Planning Commission’s approval for the Cattermole Project consisting of a Minor Subdivision, Use Permit, Grading Permit, Coastal Development Permit, and Architectural Review Permit and certification of a Mitigated Negative Declaration for the subdivision of a 12.4-acre parcel into four proposed parcels and development of two single-family dwellings on a single proposed parcel located at 7625 Stage Road, unincorporated San Gregorio. This project is appealable to the California Coastal Commission (Planning and Building)

A)

Report and recommendation

B)

Close public hearing

Motion: Jacobs Gibson / Second: Horsley

C)

Approve or deny appeal

Motion to approve: Jacobs Gibson / Second: Horsley

Speaker(s) recognized by the President:

Jim Eggemeyer, Planning and Building

Shauna McKenna, Appellant

Bill Sanders, San Gregorio

Ron Sturgeon,, San Gregorio

Georgia Sanders, San Gregorio

Supervisor Don Horsley, Board of Supervisors

Supervisor Dave Pine, Board of Supervisors

Supervisor Carole Groom, Board of Supervisors

Supervisor Adrienne Tissier, Board of Supervisors

John Beiers, County Counsel

Supervisor Rose Jacobs Gibson, Board of Supervisors

Tim Fox, County Counsel

David S. Boesch, County Manager

Dean Peterson, Environmental Health

George Cattermole, Applicant

Mary Cattermole, Applicant

Motion: Jacobs Gibson / Second: Horsley

Ayes: Supervisors Pine, Groom, Horsley, Jacobs Gibson and Tissier

Noes: None

10.

1:30 p.m.

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

11.

Acting as the Governing Board of the In-Home Supportive Services Public Authority, adopt a resolution (071537) adopting the Memorandum of Understanding with the Service Employees International Union for In-Home Supportive Services for the provision of salaries and benefits of Independent Providers for the term of July 1, 2010 through June 30, 2012 (Human Resources Department and Health System)

This item was moved to the consent agenda.

12.

Resolution (071538) adopting the successor Memorandum of Understanding with the California Nurses Association for the provision of salary and benefits for the term of January 23, 2011 through July 5, 2014

Speaker(s) recognized by the President:

Donna Vaillancourt, Human Resources

Motion: Tissier / Second: Jacobs Gibson

Ayes: Supervisors Pine, Groom, Horsley, Jacobs Gibson and Tissier

Noes: None

13.

Resolution (071539) adopting the successor Memorandum of Understanding with the San Mateo County Council of Engineers for the provision of salary and benefits for the term of September 5, 2010 through March 2, 2013

Speaker(s) recognized by the President:

Donna Vaillancourt, Human Resources

Motion: Jacobs Gibson / Second: Pine

Ayes: Supervisors Pine, Groom, Horsley, Jacobs Gibson and Tissier

Noes: None

14.

Resolution (071540) adopting the successor Memorandum of Understanding with the Organization of Sheriff’s Sergeants for the provision of salary and benefits for the term of October 8, 2006 through April 10, 2016

Speaker(s) recognized by the President:

Donna Vaillancourt, Human Resources

Supervisor Dave Pine, Board of Supervisors

Supervisor Carole Groom, Board of Supervisors

Supervisor Don Horsley, Board of Supervisors

Motion: Horsley / Second: Tissier

Ayes: Supervisors Groom, Horsley, Jacobs Gibson and Tissier

Noes: Supervisor Pine

15.

Resolution (071541) adopting the addendum to the 2009-2013 Memorandum of Understanding with the Building Construction and Trades Council Operating Engineers Local 3 for the provision of benefits, retirement and retiree health for the term of November 1, 2009 through November 2, 2013

Speaker(s) recognized by the President:

Donna Vaillancourt, Human Resources

Motion: Tissier / Second: Jacobs Gibson

Ayes: Supervisors Pine, Groom, Horsley, Jacobs Gibson and Tissier

Noes: None

16.

Resolution (071542):

A)

Terminating the applicability of Government Code Section 31676.14 to specified general members of the County retirement system effective August 7, 2011; and

B)

Making Government Code Section 31676.1 applicable to specified general members of the County retirement system effective August 7, 2011

Speaker(s) recognized by the President:

Donna Vaillancourt, Human Resources

Motion: Tissier / Second: Jacobs Gibson

Ayes: Supervisors Pine, Groom, Horsley, Jacobs Gibson and Tissier

Noes: None

17.

Resolution (071543) authorizing a public outreach process in connection with the consideration of an offer from Stanford University for constructing a trail on Alpine Road

Speaker(s) recognized by the President:

Dave Holland, Assistant County Manager

Supervisor Don Horsley, Board of Supervisors

Janet Davis, Menlo Park

Ron Alexander, Menlo Park

Stephen T. Johnson, Portola Valley

Barbara Ann Barnett, Menlo Park

Larry Gibbs, Portola Valley

Noel Hirst, Portola Valley

Sarah DiBoise, Menlo Park

Mel Rubin, Portola Valley

Ellyn Rubin, Portola Valley

Larry Horton, Stanford University

Supervisor Dave Pine, Board of Supervisors

Susan Gold, Portola Valley

Lennie Roberts, Committee for Green Foothills

Lynne Davis, Portola Valley

Scott T. Spencer, Menlo Park

Scott Strickland, Representing Santa Clara County Council Member Liz Kniss

Supervisor Adrienne Tissier, Board of Supervisors

Supervisor Rose Jacobs Gibson, Board of Supervisors

Supervisor Carole Groom, Board of Supervisors

Motion: Tissier / Second: Horsley

Ayes: Supervisors Pine, Groom, Horsley, Jacobs Gibson and Tissier

Noes: None

18.

County Manager’s report:

Analysis of the FY 2011-12 State Budget

Speaker(s) recognized by the President:

David S. Boesch, County Manager

Supervisor Don Horsley, Board of Supervisors

19.

Resolution (071544) regarding the impacts and alternatives to payday loans (Supervisor Rose Jacobs Gibson)

Speaker(s) recognized by the President:

Supervisor Rose Jacobs Gibson, Board of Supervisors

Fernando Peña, California Financial Service Providers

Motion: Jacobs Gibson / Second: Horsley

Ayes: Supervisors Pine, Groom, Horsley, Jacobs Gibson and Tissier

Noes: None

20.

Board members’ committee reports

Supervisor Rose Jacobs Gibson announced that California Bank and Trust closed its doors in East Palo Alto, but the San Mateo Credit Union will be opening its doors in the same East Palo Alto location soon.

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.

21.

Approve the minutes for the meeting of July 12, 2011

22.

Introduction of an ordinance amending Section 5.10.020 and Section 5.10.130 of Chapter 5.10 of Title 5 of the San Mateo County Ordinance Code Governing Regulation of taxicabs and waiver of reading the ordinance in its entirety (Supervisor Adrienne Tissier)

This item was continued to the meeting of August 9, 2011 for adoption.

23.

Recommendation for the reappointment of Chris Ranken to the San Mateo Planning Commission, term expiring December 31, 2014 (Supervisor Don Horsley)

24.

Ratification of a resolution (3232) honoring Audrey Rust upon her retirement from Peninsula Open Space Trust (Supervisor Dave Pine)

25.

Ratification of a resolution (3233) honoring Marc Kaufman upon his retirement from the County of San Mateo (Supervisor Don Horsley)

26.

Ratification of a resolution (3234) honoring the San Francisco International Airport/Community Roundtable upon its 30^th Anniversary (Supervisor Dave Pine)

27.

Ratification of a resolution (3235) honoring the South San Francisco High School Marching Band for its performance at the National Independence Day Parade in Washington D.C. (Supervisor Dave Pine)

28.

Resolution (071545) authorizing:

A)

An amendment to the permit agreement with New Cingular Wireless PCS., LLC. for the operation of a wireless communication facility on the roof of the Community Services building located at 2415 University Avenue, East Palo Alto, increasing the premises area, authorizing the installation of new equipment and increasing the monthly base permit fee amount by $875 to $4,290.95

B)

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

29.

Resolution (071546) authorizing the District Attorney to execute an agreement with the Victim Compensation and Government Claims Board for the provision of funding the Restitution Program for FY 2011-12 in the amount of $75,473.78, $28,309 is Net County Cost

30.

Acting as the Governing Board of the In-Home Supportive Services Public Authority, adopt a resolution (071547) authorizing an agreement with the San Mateo Community Health Authority doing business as the Health Plan of San Mateo for the provision of health benefits to independent providers of the In-Home Supportive Services program for the term of July 1, 2011 through June 30, 2014 in an amount not to exceed $6,960,848, $1,588,671 is Net County Cost (Health System)

31.

Sitting as the Board of Commissioners of the Housing Authority of the County of San Mateo, adopt Resolution 2011-06 (071548) authorizing: (Department of Housing)

A)

The Housing Authority of the County of San Mateo to amend its FY 2011-12 Moving to Work Annual Plan to reallocate $4,000,000 for an affordable housing development; and

B)

The Housing Authority of the County of San Mateo to include the Annual Statement for its 2011 Capital Funds in the 2011-12 Moving to Work Annual Plan; and

C)

The Executive Director of the Housing Authority of the County of San Mateo to execute any documents required by the U.S. Department of Housing and Urban Development to certify the Moving to Work Annual Plan amendments

Speaker(s) recognized by the President:

Bill Lowell, Department of Housing

This item was moved to the regular agenda.

Motion: Jacobs Gibson / Second: Pine

Ayes: Supervisors Pine, Groom, Horsley, Jacobs Gibson and Tissier

Noes: None

32.

Acting as the Governing Board of the San Mateo County Flood Control District, adopt a resolution (071549): (Department of Public Works)

A)

Adopting the 2011-12 Water Pollution Control Service Charges Report for Flood Control Zone One Countywide; and

B)

Directing staff to file the report with the County Controller; and

C)

Authorizing the Director of the 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

33.

Acting as the Governing Board of the San Mateo County Flood Control District, adopt a resolution (071550): (Department of Public Works)

A)

Adopting the 2011-12 Water Pollution Control Service Charges Report for Flood Control Zone Two – City of Pacifica; and

B)

Directing staff to file the report with the County Controller; and

C)

Authorizing the Director of the 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

34.

Resolution (071551) authorizing an agreement with the State Department of Mental Health for the provision of services at state hospitals for the term of July 1, 2010 through June 30, 2011 in the amount of $971,234, no Net County Cost

35.

Resolution (071552) authorizing:

A)

An agreement with California Psychiatric Transitions for the provision of mental health rehabilitation services for the term of July 1, 2011 through June 30, 2014 in an amount not to exceed $2,460,900, $82,030 is Net County Cost; and

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

36.

Resolution (071553) authorizing:

A)

An agreement with Heart and Soul for the provision of consumer-run peer-support services for the term of July 1, 2011 through June 30, 2012 in an amount not to exceed $356,901, $100,000 is Net County Cost; and

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

37.

Resolution (071554) authorizing:

A)

An agreement with Jtec Healthcare Construction Management, Inc. doing business as Jtec HCM, Inc. to serve as the County’s owner representative for the design and construction of the South County Health Facility for the term of July 1, 2011 through June 30, 2013 in an amount not to exceed $227,000, no Net County Cost; and

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

38.

Resolution (071555):

A)

Waiving the Request for Proposals process and authorizing an agreement with Telecare Corporation for the provision of inpatient and residential psychiatric treatment services, direct observation therapy services for non-adherent tuberculosis patients, and residential rehabilitation and long-term care for clients of the Public Guardian program for the term of July 1, 2011 through June 30, 2012 in an amount not to exceed $7,597,582, $726,815 is Net County Cost; and

B)

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

39.

Resolution (071556) authorizing:

A)

An agreement with Michael Levinson, M.D. for the provision of psychiatry services for the term of July 1, 2011 through June 30, 2014 in an amount not to exceed $350,000, no Net County Cost; and

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

40.

Resolution (071557) authorizing:

A)

The County Manager to execute an agreement with the California Emergency Management Agency for the provision of the San Mateo Drug Court Enhanced Treatment Project in the amount of $414,440 for the term of January 1, 2011 through December 31, 2011, no Net County Cost; and

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

41.

Resolution (071558) authorizing:

A)

The acceptance of funds from the State Water Resources Control Board for the removal of underground fuel storage tanks and remediate petroleum contamination at the Rainer Service Station located at 1905 East Bayshore Road, East Palo Alto for the term of August 1, 2011 through July 31, 2012 in an amount not to exceed $150,000; and

B)

An agreement with Golder Associates, Inc. for the provision of soil excavation, removal of an underground fuel storage tank, soil sampling and analyses, and additional remedial investigation for the Rainer Service Station Emergency, Abandoned, and Recalcitrant Account for the term of August 1, 2011 through July 31, 2012 in an amount not to exceed $150,000, no Net County Cost; and

C)

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

42.

Resolution (071559) authorizing an amendment to the agreement with Crime Scene Cleaners, Inc. for the provision of specialized residential cleaning for the Public Guardian and Public Administrator programs, increasing the amount by $110,000 to $350,000, no Net County Cost

43.

Report recommending denial of the following claims: (Non-Culpable)

John Battles

Michael H. Panting

Dan Byrum

Marta Partida

Laura Close

Tamy Rhodes and Carlyle McLean

Cicely T. McGowin

Varian White and James McDowell

44.

Adoption of an ordinance (04578) adopting the Master Salary Ordinance for FY 2011-12, previously introduced on July 12, 2011 and waiver of reading the ordinance in its entirety

45.

Resolution (071561):

1)

Waiving the Request for Proposals process for the Memorandum of Understanding with Alameda County and the agreements with Roberta Yusba, Peggy Jones, and Christine Doniger; and

2)

Authorizing the President of the Board to execute:

a)

A Memorandum of Understanding with Alameda County to host the County of San Mateo’s Personnel Information and Payroll System (PIPS) for the term of July 26, 2011 through July 25, 2014 with an option to extend for an additional two-years in an amount not to exceed $793,800; and

b)

An agreement with Roberta Yusba for the provision of client-side PIPS support during the migration for the term of August 1, 2011 through July 31, 2012 in an amount not to exceed $75,040; and

c)

An agreement with Peggy Jones for the provision of client-side PIPS support during the migration for the term of August 1, 2011 through July 31, 2012 in an amount not to exceed $154,349; and

d)

An agreement with Christine Doniger for the provision of client-side PIPS support during the migration for the term of July 26, 2011 through July 31, 2012 in an amount not to exceed $126,560; and

3)

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

46.

Resolution (071562):

A)

Waiving the Request for Proposals process and authorizing an agreement with The Gordian Group for the provision of maintenance and support of the Job Order General Construction system for the term of August 12, 2011 through August 11, 2014 in an amount not to exceed $500,000

B)

Authorizing the Director of the Department of Public Works or his designee to issue and execute individual and/or separate job order fees under this agreement which fees in aggregate shall not exceed $500,000

47.

Introduction of an ordinance adding Chapter 7.46, comprised of Section 7.46.010 to Title 7 of the San Mateo County Ordinance Code allowing the creation of Compact Parking Zones and waiver of reading the ordinance in its entirety

This item was continued to the meeting of August 9, 2011 for adoption.

48.

Resolution (071563) authorizing:

A)

An agreement with the City and County of San Francisco for the distribution of FY 2010 Bay Area Urban Area Security Initiative grant funds for support of the Northern California Regional Intelligence Center for the term of April 1, 2011 through January 31, 2013 in an amount not to exceed $3,378,523; and

B)

The Sheriff or his designee to sign grant assurances and related documents in connection with the FY 2010 Bay Area Urban Area Security Initiative grant funds that support the Northern California Regional Intelligence Center; and

C)

The Sheriff or his designee to execute interagency agreements with agencies who assign staff to the Northern California Regional Intelligence Center in order to disburse FY 2010 Bay Area Urban Area Security Initiative grant funds; and

D)

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

49.

Resolution (071564) authorizing:

A)

The Treasurer-Tax Collector to execute an agreement with The Bank of New York Mellon Trust Company, N.A. for the provision of custody and safekeeping services for the San Mateo County Investment Pool for the term of July 1, 2011 through June 30, 2014 in an amount not to exceed $200,000

B)

The Treasurer-Tax Collector or her designee to execute subsequent amendments and minor modifications in an amount not to exceed $25,000

The meeting was adjourned at 1:03 p.m. in memory of Lydia Azevedo.