ALL AGENDA ITEMS AND STAFF RECOMMENDATIONS HAVE BEEN APPROVED AND/OR ADOPTED BY UNANIMOUS VOTE UNLESS OTHERWISE NOTED BELOW THE ITEM.

This meeting was called to order at 9:00 a.m.

Tuesday, August 21, 2001

PLEDGE OF ALLEGIANCE

ROLL CALL - All Supervisors were present.

1.

8:15 a.m.

CLOSED SESSION

1)

Conference with Legal Counsel - Existing Litigation

Bergstrom vs. County of San Mateo, CA1-A090456

City and County of San Francisco v. Phillip Morris, USSF C96 2090 DLJ &

City and County of San Francisco v. State of California, Superior Court Case No. 980864

(JCCP 4041)

Retirement Cases (Coordinated Proceedings), JCCP 4049

2)

Conference with Legal Counsel - Anticipated Litigation

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

(One case)

No report

2.

9:00 a.m.

REGULAR AGENDA

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agenda are approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda.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

Church/Jacobs Gibson - The consent agenda was approved with the following changes: Item #27 was transferred to the regular agenda; Item 11 was transferred to the consent agenda; Items 23 and 41 were continued to September 11, 2001; Item 5 was corrected to read adoption of an ordinance; and Items 8, 9, and 10 were corrected to read 4/5ths vote required for the transfers.

3.

9:00 a.m.

Presentation of "Employee of the Month" to Julie Hoffman, Executive Secretary, Health Services Agency (County Manager)

Speakers recognized by the President

John L. Maltbie, County Manager

Margaret Taylor, Director of Health Services

Maya Altman, Health Services

Charlene Silva, Health Services

4.

ORAL COMMUNICATIONS - None

5.

9:00 a.m.

Hearing to consider the adoption of a resolution making modifications suggested by the Coastal Commission and the adoption of an ordinance amending the Zoning Regulations (Zoning Nonconformities and Use Permit Chapters) to preclude granting a use permit exception to exceed the floor area, height and parcel coverage zoning standards for Mid-Coast parcels (Environmental Services Agency Director)

a)

Report and recommendation

b)

Close hearing - Gordon/Jacobs Gibson

c)

Adopt the resolution (64685)

d)

Adopt the ordinance (4062)

Speakers recognized by the President

George Bergman, Environmental Services

Paul Perkovic, P.O. Box 371149, Montara, 94037-1149

Leonard Woren, P.O. Box 1375, El Granada, 94018

Apparel Vargas

Gordon/Jacobs Gibson - Adopt the resolution and the ordinance.

6.

9:15 a.m.

Proclamation (1896) designating August 2001 as Child Support Awareness Month (Supervisor Mike Nevin)

Speakers recognized by the President

Jim Fox, District Attorney

7.

Resolution (64686) authorizing submittal of the New Beginning Coalition's Strategic Plan to the California Department of Aging for services for older adults and adults with disabilities FY's 2000-05, no Net County Cost

Speakers recognized by the President

Charlene Silva, Health Services

8.

1) Resolution (64688) authorizing agreement with the San Mateo County Bar Association for Private Defender Program services for the term of September 1, 2001 through June 30, 2006, in the amount of $10,356,096 (2001-02)

2) Resolution (64687) authorizing transfer of $1,119,562 from Non-Departmental General Fund Contingencies to Other Professional Contract Services in the Private Defender Program budget unit (4/5ths vote required)

Speakers recognized by the President

Paul Scannell, Assistant County Manager

John Digiacinto, Administrator, Private Defender Program

Marshall Binowitz, North Peninsula Chapter-ACLU, 2656 Belmont Canyon Rd., Belmont, 94002

Dan Halpern, ACLU, North Peninsula Chapter, 1060 Continentals, Belmont, 94002

Linda Martorana, ACLU, 1130 Millbrae Ave., Millbrae, 94030

Jacobs Gibson/Church - Approved with the following: Annual Budget submitted by the Private Defender to the County showing how funds are being spent; item 9A of the contract, the word relevant includes all that is not confidential; item 10D of the contract, Attorney caseload average should be listed by type of case; establish an oversight committee to meet annually after the report in submitted to review performance measures and accountability.

9.

1) Resolution (64689) authorizing an amendment to agreement with the San Mateo County Bar Association for pretrial release services under the Release on Own Recognizance Program, extending the term of the agreement through June 30, 2002, increasing the amount by $2,410,957

2) Resolution (64690) authorizing transfer of $147,148 from Non-Departmental General Fund Contingencies to Other Professional Contract Services in the Release on Own Recognizance budget unit (4/5ths vote required)

Speakers recognized by the President

Paul Scannell, Assistant County Manager

John L. Maltbie, County Manager

Gordon/Church - A letter from the County Manager to the Courts Executive Offices advising that the Courts Committee, including Supervisors Nevin and Gordon, should meet to discuss the Own Recognizance program.

10.

1) Resolution (64691) approving agreement for the Exclusive Right to Negotiate and Purchase the property located in unincorporated El Granada commonly known as Mirada Surf

2) Resolution (64692) authorizing transfer of $250,000 from Non-Departmental Reserves to Land Acquisition Expense in the Parks Acquisition and Development budget (4/5ths vote required)

3) Identify the County's negotiator, the property subject to negotiations, and the persons with whom the County may negotiate

Speakers recognized by the President

John L. Maltbie, County Manager

Tom Casey, County Counsel

Steve Terry, 1306 Columbus St., Half Moon Bay, 94019

Leonard Woren, Citizens for the Preservation of El Granada, P.O. Box 1375, El Granada, 94018

Paul Perkovic, P.O. Box 371149, Montara, 94037-1149

Dave Byers, 840 Malcolm Road, #100, Burlingame, 94010

Lennie Roberts, Committee for Green Foothills, 339 La Cuesta, Portola Valley, 94028

April Vargas, P.O. Box 370265, Montara, 94037

Kathryn Slater-Carter, P.O. Box 370321, Montara, 94037

Bern Smith, Box 1583, El Granada, 94018

Fran Pollard, P.O. Box 832, El Granada, 94018

William Katke, 138 Del Monte Road, Half Moon Bay, 94019

Leni Schultz, P.O. Box 85, El Granada, 94018

Barbara K. Mans, P.O. Box 1284, El Granada, 94018

Gordon/Hill

11.

County Manager's report

1)

Summary of 2001 Legislative Action

2)

Pending Legislation: Request for Action

a)

Resolution (64693) in Support of SB 187 (Vasconcellos) Medical Marijuana Registry Identification Card Program

b)

Resolution (64718) in Support of HR 1157 (Thompson) Salmon Habitat Restoration

3)

State Legislative Schedule

This item was transferred to the consent agenda.

12.

Adoption of an ordinance (4063) amending Sections 2.176.020, 2.176.030, 2.176.040, 2.176.050 and 2.176.060 of Chapter 2.176, Title 2 of the San Mateo County Ordinance Code establishing the boundaries of the Supervisorial Districts, and waiver of reading the ordinance in its entirety (Supervisor Mark Church and Supervisor Rose Jacobs Gibson)

Hill/Jacobs Gibson

13.

Board members' committee reports - None

14.

Minutes of the meeting of July 31, 2001

15.

Resolution (64694) authorizing the Chief Elections Officer to render specified Election Services for the City of Menlo Park, City of Redwood City, City of San Bruno, City of San Mateo, City and County of San Francisco, San Mateo County Community College District, Sequoia Union High School District, Las Lomitas Elementary School District, Portola Valley Elementary School District, and the Montara Sanitary District in conjunction with the Consolidated Election to be held on Tuesday, November 6, 2001

16.

Recommendation for reappointment of Andre Belarmino, Arline Elliott, Marvin Goldman, Helen E. Karr, Esq., Francis (Scott) Smyth, M.D., for Commission on Aging, terms to expire June 30, 2004 (Supervisor Mark Church)

17.

Recommendation for appointment of Julie Hartsell, representative for District Three, for Civil Service Commission, term to expire December 31, 2002 (Supervisor Rich Gordon)

18.

Resolution (1897) honoring Philippine News upon the occasion of it's 40^th anniversary (Supervisor Mike Nevin)

19.

Proclamation (1898) designating September 2001 as "Recovery Happens Month" (Supervisor Mike Nevin)

20.

Resolution (64695) authorizing transfer of signature authority relating to an existing agreement with Siemens, from the Director of Health Services to the Director of Information Services

21.

Recommendation for reappointment of Linda Lopez Chavez, representing North Fair Oaks and Elbert Mitchell, representing Member-at-Large, for Community Development Committee, terms to expire August 7, 2005

22.

Adoption of an ordinance (4064) 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

23.

Resolution rescinding the existing agricultural preserve contract and simultaneously approving and authorizing a new agricultural preserve contract to reflect a change in legal descriptions regarding a parcel located at 9699 Alpine Road, unincorporated La Honda area

This item was continued to September 11, 2001.

24.

Resolution (64696) authorizing agreement with the State Department of Health Services for the AIDS Medi-Cal Waiver Program, for the term of January 1, 2001 through December 31, 2003

25.

Resolution (64697) authorizing agreement with California Department of Aging for the Community-Based Services Program for FY 2001-02, in the amount of $646,815

26.

Resolution (64698) authorizing agreement with California Department of Aging for Title III/VII Programs of the Older Americans Act of 1965 for FY 2001-02, in the amount of $2,279,421, Net County Cost $118,156

27.

Resolution (64699) authorizing agreement with El Concilio to expand chronic disease management services to other geographic areas and other minority populations, for the term of July 1, 2001 through February 28, 2002, in an amount not to exceed $120,000, no Net County Cost

Speakers recognized by the President

Margaret Taylor, Director of Health Services

John L. Maltbie, County Manager

Gordon/Church - Approval of contract contingent upon the approval of the performance measures by the County Manager.

28.

Resolution (64700) authorizing:

1)

Agreements with Avenidas, City of Belmont, Catholic Charities, Coastside Adult Day Health Center, City of Daly City, Family Service Agency, Legal Aid Society, City of Menlo Park, City of Millbrae, Mills-Peninsula Senior Focus, Inc., Ombudsman of San Mateo, Inc., City of Pacifica, Peninsula Volunteers, Inc., Poplar ReCare, City of San Bruno, Self-Help for the Elderly, Senior Coastsiders, and the City of South San Francisco for provisions of the Older American Act and Community Based Services Program for FY 2001-02, in the collective amount of $7,333,598

2)

The County Manager to execute amendments and minor modifications to these agreements, not to exceed $100,000

3)

The Director of Health Services to execute amendments and minor modifications to these agreements, not to exceed $25,000

29.

1)

Resolution (64701) authorizing an interagency agreement with In-Home Supportive Services Public Authority specifying the purpose, scope or nature of the arrangement; roles and responsibilities of each party; ensuring compliance with all applicable state and federal laws and regulations, and fiscal provisions, for the term of July 1, 2001 through June 30, 2003, in the amount of $584,649, Net County Cost $48,851

2)

Acting as the Governing Board of the In-Home Supportive Services Public Authority, resolution (64702) authorizing an interagency agreement with In-Home Supportive Services Public Authority specifying the purpose, scope or nature of the arrangement; roles and responsibilities of each party; ensuring compliance with all applicable state and federal laws and regulations and fiscal provisions, for the term of July 1, 2001 through June 30, 2003, in the amount of $584,649, Net County Cost $48,851

30.

Resolution (64703) authorizing agreements with At Home Health Care, Medical Care Professionals, Nurse Providers, Inc., Older Adults Care Management and Rainbow Home Care Services for home health care services for FY 2001-02, in a collective amount not to exceed $460,000

31.

Resolution (64704) authorizing an amendment to agreement with COHR Masterplan for maintenance and repair of medical equipment, extending the term from June 30, 2001 through December 31, 2001 and increasing the amount by $82,656 to $247,968

32.

Resolution (64705) authorizing the Controller to make payments at 50% of billed charges to the University of California in San Francisco Medical Center for services provided to medically indigent adult patients referred by the San Mateo County General Hospital, for the term of January 1, 2000 through December 31, 2002, in an amount not to exceed $250,000

33.

Resolution (64706) authorizing the submittal of the Year-End Report for 1999-2000 to the California Department of Aging as required by the Older Americans Act of 1965

34.

Resolution (64707) authorizing agreement with Human Investment Project, Inc., to provide Homesharing Help and Information program from the County's Community Development Block Grant funds, in the amount of $114,000

35.

Resolution (64708) authorizing an amendment to the two-year agreement with Asian American Recovery Services for provisions of alcohol and drug treatment services, adding a 10% Cost of Doing Business Increase for FY's 2000-02, increasing the amount by $32,274 to $679,734

36.

Resolution (64709) authorizing an amendment to the two-year agreement with Project Ninety, Inc., for the provision of alcohol and drug treatment services, adding a 10% Cost of Doing Business Increase FYs 2000-02, increasing the amount by $90,460 to $3,106,191

37.

Resolution (64710) authorizing an amendment to the two-year agreement with Service League of San Mateo County for the provision of alcohol and drug treatment services, adding a 10% Cost of Doing Business Increase for FY's 2000-02, increasing the amount by $26,546 to $550,650, Net County Cost $21,071

38.

Resolution (64711) authorizing agreement with Youth and Family Assistance for the provision of community-based prevention services for children and youth, for the term of July 1, 2001 through June 30, 2003, in the amount of $1,214,490, Net County Cost $242,898

39.

Resolution (64712) authorizing an agreement with the City of Menlo Park Housing and Redevelopment Department for a Housing Rehabilitation Loan Program for FY 2001-02, in the amount of $120,000

40.

Resolution (64713) awarding contract to Homer J. Olsen, Inc., for the El Camino Box Culvert Project, in an amount not to exceed $10,500,000, no Net County Cost (continued from August 14, 2001)

41.

Resolution adopting plans and specifications, determining prevailing wage scales, and calling for sealed proposals for the resurfacing of a portion of Polhemus Road, Town of Hillsborough/City of San Mateo area

(September 18, 2001 at 2:00 p.m.)

This item was continued to September 11, 2001.

42.

Acting as the Governing Board of the Fair Oaks Sewer Maintenance District, resolution (64714) adopting plans and specifications, determining prevailing wage scales, and calling for sealed proposals for the improvements of sanitary sewer mains on Bay Road between Charter Street and Barron Avenue, Selby Lane between Nimitz Avenue and Selby Lane, Himmel Avenue between Nimitz Avenue and Country Lane, and on Country Lane, City of Redwood City/Town of Atherton area

(September 18, 2001 at 2:00)

43.

Acting as the Governing Board of the:

1)

County, the Scenic Heights County Sanitation District and the Emerald Lake and the Emerald Lake Heights Sewer Maintenance District, resolution (64715) authorizing an agreement with the City of San Carlos which provides that three developed properties with failing septic systems in the Palomar Park area can receive sewer service through the Hassler Sewer Line with treatment provided through the City of San Carlos

2)

Scenic Heights County Sanitation District, resolution (64716) authorizing agreement with Robert J. Heatherington and Beth L. Heatherington, Richard Carey Jones, and Edward S. Morris (owners) which provides for the maintenance of facilities constructed by owners in conjunction with providing sewer service to their developed properties in Palomar Park

44.

Resolution (64717) approving the proposed sale by agreement to the City of Pacifica of the tax-defaulted property on Lot 13, Peralta Park RSM 63/31, City of Pacifica

The meeting adjourned at 10:50 a.m. in memory of Daniel Crilly and Lawrence O'Connor, to reconvene on Tuesday, September 11, 2001 at 8:15 a.m. in Closed Session - Litigation and Personnel Matters, and thereafter for the regularly scheduled Board meeting.