PLEASE NOTE THERE WILL BE NO MEETING OF THE
BOARD OF SUPERVISORS ON DECEMBER 21 AND 28, 2004

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, December 7, 2004

PLEDGE OF ALLEGIANCE

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

Absent - None

1.

8:15 a.m.

CLOSED SESSION

A)

Conference with Legal Counsel - Existing Litigation

Mountain v. County of San Mateo

WCAB SFO 450053, 450054, 450055

Settlement in the amount of $46,622.50

Finlayson v. County of San Mateo

WCAB SFO 449556

Settlement in the amount of $56,863

Fidler v. County of San Mateo Sheriff

USSF C04 1404 SC

Citizens for Responsible Open Space v. San Mateo County LAFCO

SSM 442954

Braun v. County of San Mateo

USSF C03 3415 MJJ

B)

Conference with Legal Counsel – Anticipated Litigation

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

One case

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

One case

C)

Negotiations - DSA Reopeners

County Negotiator - Lee Finney

2.

9:00 a.m.

REGULAR AGENDA
CONSENT AGENDA
GOVERNING BOARD

Gordon/Jacobs Gibson

3.

9:00 a.m.

Presentation of “Employee of the Month” to Brian Sasaki, Public Safety Communications Division, Employee and Public Services (County Manager)

Speakers recognized by the President:

John L. Maltbie, County Manager

Mary Welch, Director, Employee and Public Services

Jaime Young, Director, Public Safety Communications

Elise Moeck, Shift Supervisor, Public Safety Communications

4.

ORAL COMMUNICATIONS

Speakers recognized by the President:

Scott Morrow, Health Officer, Health Services Agency

5.

9:00 a.m.

Introduction of a proposed ordinance providing for the reporting of unusual occurrences regarding the provision of health care that occur in the County of San Mateo operated Health Care Facilities, and waiver of reading the ordinance in its entirety (Supervisor Mark Church and Supervisor Mike Nevin)

This item was continued to the meeting of February 15, 2005.

6.

9:00 a.m.

Presentation by Women in County Government (Supervisor Jerry Hill)

Resolutions honoring Dannette Young Mitchelle (2317), Monica Rans-Prauss (2318) and Ann Martinez (2319).

Speakers recognized by the President:

Supervisor Jerry Hill, Board of Supervisors

Kathi Palange

Dannette Young Mitchell

Peggy Thompson, Court Executive Officer

7.

9:15 a.m.

A)

Accept a report from the Water Subcommittee (Supervisor Mark Church and Supervisor Rich Gordon)

B)

Resolution (067042) in support of the San Francisco Department of Public Health’s efforts in obtaining a formal position from the California Conference of Local Health Officers on the use of chloramines in drinking water Gordon/Hill

Speakers recognized by the President

Supervisor Rich Gordon, Board of Supervisors

Wynn Grcich, 316 Broadway, Millbrae 94030

Michele Porrazzo, 341 San Rey Avenue, Millbrae 94030

March Hershman, 621 Magnolia Avenue, Millbrae 94030

Winn Parker, P.O. Box 864, Millbrae 94030

Marilyn Raubitschek, 826 West Grant Place, San Mateo 94402-1820

Claudette L. Main, 702 Nina Lane, Foster City 94404

Bruce Dronek, 205 Bahin Court, San Jose 95119

Lillian Lieberman, 319 Kingsley Avenue, Palo Alto 94301

David Heran, 570 Acacia Avenue, San Bruno 94066

Denise Johnson-Kula, 946 Florence Lane Apt. #4, Menlo Park 94025

Nancy Glibertson, 788 Bain Place, Redwood City 94062

8.

9:30 a.m.

Hearing to consider: (Environmental Services Agency)

A)

An ordinance (04241) adopting the S-74 zoning district regulations as an amendment to the County Zoning Regulations

B)

An ordinance (04242) rezoning parcels in the Selby Neighborhood (Sequoia Tract) from R-1/S-7 to R-1/S-74

1)

Report and recommendation

2)

Close hearing Gordon/Nevin

3)

Adopt ordinances Nevin/Jacobs Gibson

Speakers recognized by the President:

Pat Sheppard, 518 Nimitz Avenue, Redwood City 94061

Chris Draper, Silicon Valley Association of Realtors

Lennie Roberts, 339 La Cuesta, Portola Valley 94028

Chris Kellems, 207 Sequoia Avenue, Redwood City 94061

Margaret Christoffersen, 15 Winston Way, Redwood City 94061

Nancy Arbuckle, 524 Nimitz Avenue, Redwood City 94061

Maggie Heilman, 2011 Sterling Avenue, Menlo Park 94025

Anna West, 1301 W. Selby Lane, Redwood City

9.

9:45 a.m.

Hearing to consider an application to approve the Highland Estates Residential Development, including a Rezoning and General Plan Amendment, pursuant to Section 6550 of the San Mateo County Zoning Regulations, to rezone a portion of the 12-acre site currently zoned R-E/SS-107 to RM, R-1/S-8 and PUD as well as rezone portions of the remaining 85 acres of the property currently zoned RM to R-1/S-8; to modify the General Plan designation of portions of the property from General Open Space to Medium-Low Density Residential; to subdivide the subject property, pursuant to the San Mateo County Subdivision Regulations, and construct a 40-unit townhouse complex and 26 single-family residence on a property located between Bunker Hill Drive, Polhemus Road and Ticonderoga Drive, unincorporated San Mateo Highlands area (Environmental Services Agency) (continued from the meeting of November 9, 2004)

A)

Report and recommendation

B)

Close hearing

C)

Approve or deny application

Motion: Reaffirm the present Zoning Regulations and General Plan designation. Nevin/Hill

10.

10:00 a.m.

Hearing to consider a Use Permit Amendment to replace the existing tennis court lighting providing light to the six existing tennis courts at the Ladera Oaks Swim and Tennis Club located at 3249 Alpine Road, unincorporated Portola Valley area (Appellant/Applicant/Owner: Ladera Oaks Swim and Tennis Club): (Environmental Services Agency) (continued from the meeting of November 9, 2004)

A)

Report and recommendation

B)

Close hearing Gordon/Hill

C)

Approve use permit Gordon/Nevin

Speakers recognized by the President:

Marcia Raines, Director, Environmental Services

K. Larry Lai, 231 S. Balsamina Way, Portola Valley 94028

Brian LaPorte, 1865 Camino De Los Robles, Menlo Park 94025

11.

1:30 p.m.

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

This item was moved to the Consent Agenda.

12.

County Manager’s report:

A)

Resolution (067043) authorizing execution of an agreement with Michael Y. Corbett for State Government Liaison Services

13.

Board members’ committee reports

14.

Legislative Subcommittee meeting after adjournment of regular meeting

15.

Minutes of the meeting of October 14, 19, 26, November 2 and 9, 2004

16.

Resolution amending Resolution 65720 setting the salaries for certain Elected Officials and expressing the salary and benefits of unrepresented management personnel of the County of San Mateo (Supervisor Mark Church and Supervisor Mike Nevin)

This item was continued to the meeting of December 14, 2004.

17.

Resolution (067044) authorizing extending provision of continued employment status for reservists called for duty in connection with military expeditions and operations to combat terrorism and in connection with military operations in Iraq (Supervisor Mike Nevin)

18.

Introduction of an ordinance amending Sections 2.205.010 and 2.205.020 and repealing Sections 2.205.030 and 2.205.040 of Chapter 2.205 of Title 2 relating to Campaign Contribution Limits, and waiver of reading the ordinance in its entirety (Supervisor Mark Church and Supervisor Mike Nevin) (continued from the meeting of November 9, 2004)

This item was continued to a date unspecified.

19.

Approve meetings with stakeholders led by the San Mateo County Division of Environmental Health to develop a body art and body piercing countywide ordinance for future consideration by the Board of Supervisors (Supervisor Rose Jacobs Gibson)

20.

Recommendation for appointment of the following to the North Fair Oaks Council: (Supervisor Rose Jacobs Gibson)

Magdalena Lara, term expiring December 31, 2005

Laura N. Caplan and Esperanza Vazquez, terms expiring December 31, 2007

21.

Recommendation for reappointment of William “Bill” Wong to the San Mateo County Planning Commission, term expiring January 5, 2009 (Supervisor Mark Church)

22.

Recommendation for reappointment of Steve Dworetzky to the San Mateo County Planning Commission, term expiring January 5, 2009 (Supervisor Mike Nevin)

23.

Recommendation for reappointment of Supervisor Jerry Hill to the San Mateo County Transit District (SamTrans) Board, for the term of January 1, 2005 through December 31, 2008 (Supervisor Mark Church)

24.

Ratification of a resolution (2320) honoring Alison Mills for her contributions for improving the quality of life for people with mental health issues (Supervisor Rich Gordon)

25.

Ratification of a resolution (2321) honoring Margaret Ann Taylor for her many years of services to the promotion of health and well-being of all San Mateo County residents (Supervisor Mark Church)

26.

Ratification of a resolution (2322) honoring CBS 5 and Evening Magazine in serving the needs of foster and adoptive children (Supervisor Mark Church)

27.

Resolution (067045) delegating the Director of Public Works and the County Manager, or their designees, the authority to sign and record notices of completion on behalf of the County of San Mateo

28.

Resolution (067046) authorizing:

A)

A Quitclaim Deed granting any interest the County may have in a slope easement over property owned by Robert S. and Karen J. Hoexter, El Granada area

B)

The County Manager or his designee to execute any documents necessary to complete the transfer

29.

Resolution (067047) authorizing:

A)

A Quitclaim Deed granting any interest the County may have in a portion of the Ralston Avenue Right of Way to the City of Belmont, Belmont area

B)

The County Manager or his designee to execute any documents necessary to complete the transfer

30.

Approve Revision Order Number 14 to the contract with Turner Construction Company to provide construction management, architectural and engineering services to the San Mateo County Youth Services Center, increasing the amount by $10,357,842 to $120,406,948

31.

Recommendation for reappointment of Supervisor Jerry Hill to the Bay Area Air Quality Management District Board of Directors, term expiring January 24, 2009

32.

Resolution (067048) authorizing a Lease Amendment with Coyote Point Yacht Club, Inc. for the operation of a Yacht Club located at Coyote Point Park, San Mateo area and to make certain improvements to the premises, including those necessary to comply with the Americans with Disabilities Act, extending the term through September 15, 2024, in the monthly amount of $1,308 and increasing annually in proportion to any increase in the Consumer Price Index

33.

Resolution (067049) authorizing an amendment to the agreement with The Phillips Group for inspection services for the San Mateo County Youth Services Center, extending the term through December 31, 2006, increasing the amount by $232,400 to $310,400

34.

Resolution (067050) authorizing the Directors of the Health Services Agency and Human Services Agency to execute amendments to agreements with certain community-based providers and core services agencies by:

A)

Increasing the payment for services for the contractors, by a cost-of-business increase equivalent to one percent of the annual contract amount; and

B)

Increasing the level of services and corresponding payment for services for the contractors, at an increased cost of no more than one percent of the annual contract amount

35.

Approve the revised Board of Supervisors’ meeting schedule for calendar year 2005

36.

Recommendation for appointment of Andrew Lundstrom to the Juvenile Justice and Delinquency Prevention Youth Commission

37.

Recommendation for appointment of Sarah Rosendahl to the Juvenile Justice and Delinquency Prevention Youth Commission

38.

Report recommending denial of the following claims:

Claims (Non-Culpable)

Allied Insurance/Michelle Engler

Sue Hirabayashi

Wilfredo Javier Bermudez

Armand Jackson

Catherine Breitenstein, Ella and

Katherine Kwan

Bleu Pettig (minors)

Jaime Mendoza

Maria Buitrago

William O’Hanlan

Jonathan Cadena (minor)

Christopher Kyle Prater

Jasmine Carbajal (minor)

Norma Salgado

Priscilla Carbajal (minor)

Mei Wang

Stephanie Carbajal

Mark Zhang

Rudolph Fisher

39.

Resolution (067051) authorizing the abandonment of collection effort and relief of accountability for accounts receivable by the Human Services Agency for FY 2003-04, in the amount of $400,928.93

40.

Introduction of an ordinance 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

This item was continued to the meeting of December 14, 2004 for adoption.

41.

Resolution (067073) authorizing an agreement with the State Department of Mental Health for mental health services for people with AIDS and others affected by or at risk of contracting the disease for FYs 2004-07, in the amount of $180,000

42.

Resolution (067052) authorizing:

A)

An agreement with Mental Health Association of San Mateo County to provide emergency housing, rehabilitation services, administration of the adult services Wrap Around Fund and coordination of the Shelter Plus Care for seriously mentally ill adults for FY 2004-05, in the amount of $932,851, $89,576 net County Cost

B)

The Director of Health Services to execute subsequent amendments and minor modifications in the types of services and activities provided under the agreement, in an amount not to exceed $25,000 in aggregate

43.

Resolution (067052) authorizing an agreement with the San Mateo Health Commission, dba Health Plan of San Mateo to administer the mental health benefits and provide mental health services for beneficiaries of the Healthy Families Program, Healthy Kids Program and the HealthWorx Program for the term of December 7, 2004 through September 4, 2006

44.

Resolution (067053):

A)

Approving the submission of the Year-End Report for the 2003-04 Strategic Plan for Service for Older Adults and Adults with Disabilities

B)

Authorizing the execution of the transmittal letter as required by the California Department of Aging

45.

Resolution (067055) authorizing an agreement with the Family and Children Services Agency to provide mental health services for individuals with HIV and/or AIDS related illnesses, and youth and their families for FYs 2004-07, in the amount of $190,292

46.

Resolution (067056) authorizing:

A)

An agreement with Sequoia Hospital and Medical Center to provide acute inpatient psychiatric services for adult Medi-Cal and uninsured clients for FY 2004-05, in the amount of $882,411, $68,828 net County Cost

B)

The Director of Health Services to execute subsequent amendments and minor modifications in the types of services and activities provided under the agreement, in an amount not to exceed $25,000 in aggregate

47.

Resolution (067057) authorizing:

A)

An agreement with AFON USA, dba Hillcrest Manor to provide residential board and care services for mentally ill clients for FYs 2004-07, in the amount of $111,780, for FY 2004-05 $4,099, net County Cost

B)

The Director of Health Services to execute subsequent amendments and minor modifications in the types of services and activities provided under the agreement, in an amount not to exceed $25,000 in aggregate

48.

Resolution (067058) authorizing:

A)

An agreement with Josefina Hsiao, dba Care Plus/Perpetual Help Home to provide residential board and care services for mentally ill clients for FYs 2004-07, in the amount of $161,460, for FY 2004-05, $5,920 net County Cost

B)

The Director of Health Services to execute amendments and minor modifications, in an amount not to exceed $25,000 in aggregate

49.

Resolution (067059) authorizing:

A)

An agreement with Caminar to provide residential treatment, rehabilitation services and community support services for mentally ill clients for FY 2004-05, in the amount of $5,147,422, $372,309 net County Cost

B)

The Director of Health Services to execute subsequent amendments and minor modifications in the types of services and activities provided under the agreement, in an amount not to exceed $25,000 in aggregate

50.

Resolution (067060) authorizing:

A)

An agreement with Perrine Salariosa, dba Portobello Care Home to provide residential board and care services for mentally ill clients for FYs 2004-07, in the amount of $221,550, for FY 2004-05, $8,120 net County Cost

B)

The Director of Health Services to execute subsequent amendments and minor modifications in the types of services and activities provided under the agreement, in an amount not to exceed $25,000 in aggregate

51.

Resolution (067061) authorizing:

A)

An agreement with Mateo Lodge, Inc. to provide transitional residential, rehabilitative services and homeless outreach services for the mentally ill for FY 2004-05, in the amount of $1,426,738, $53,095 net County Cost

B)

The Director of Health Services to execute subsequent amendments and minor modifications in the types of services and activities provided under the agreement, in an amount not to exceed $25,000 in aggregate

52.

Resolution (067062) authorizing an amendment to the agreement with Diamond Drugs, Inc., dba Diamond Pharmacy Services to provide pharmacist services for the term of January 1, 2002 through June 30, 2005, increasing the amount by $350,000 to $2,255,000, $315,000 net County Cost

53.

A)

Resolution (067063) authorizing an amendment to the agreement with Santa Clara County increasing the number of beds from one to two in the Santa Clara Main Jail for San Mateo County inmates requiring inpatient mental health treatment for FY 2004-05, increasing the amount by $25,000 to $825,000

B)

Resolution (067064) authorizing a transfer in the amount of $325,762 from Other intrafund transfers to Interagency Agreements – Non-County, for one additional bed for acute mental health services from Santa Clara County (4/5^ths vote required)

54.

Resolution (067074) authorizing:

A)

An agreement with the Department of Rehabilitation to provide funding for situational assessment, work adjustment, employment preparation, job development and placement services for County Mental Health consumers for FYs 2004-07, in the amount of $767,190 for FY 2004-05

B)

The Human Services Agency Director to execute subsequent amendments for minor modifications and increases, in an amount not to exceed $25,000 in aggregate

55.

Resolution (067065):

A)

Accepting a five year grant from the Department of Health and Human Services (DHHS), Center for Substance Abuse Treatment (CSAT) to provide substance abuse treatment for the homeless for the term of September 30, 2004 through September 29, 2009, in the amount of $1,991,088

B)

Waiving the Request for Proposal process and authorizing Alcohol and Other Drug Services to initiate five-year contracts with the service providers designated in the grant application

C)

Authorizing the Director of Human Services Agency to execute agreements and amendments with the service providers designated in the grant application, and to re-allocate funds within the DHHS/CSAT Grant on behalf of the County of San Mateo, such authority is limited to:

1)

Reducing the County’s maximum fiscal obligation in the event there is a commensurate reduction in the funding received by the County; and

2)

Increasing the County’s maximum fiscal obligation in the event there is a commensurate increase in funding received by the County; however, said increase shall be limited to a total of $25,000 per agreement; and

3)

Reallocating funding and units of service between the different contracted modalities as long as the changes have no impact on the County’s maximum fiscal obligation

56.

Resolution (067066) authorizing an amendment to the agreement with Garfield Elementary Charter School for partial payment of salaries and benefits for the out-posted staff at the Family Resource Center for FYs 2002-05, increasing the amount by $49,930 to $125,485

57.

Resolution (067067) authorizing a modification to the General Assistance standard of aid implementing the proposed 2.75 percent increase to the housing portion effective December 1, 2004

58.

A)

Resolution (067068) accepting a grant from the Universitywide AIDS Research Program to conduct a research project entitled “Integrated Pain Management for HIV Patients,” in the amount of $207,920

B)

Introduction of an ordinance amending the salary ordinance adding one unclassified Psychologist I position

This item was continued to the meeting of December 14, 2004 for adoption.

C)

Resolution (067069) authorizing a transfer in the amount of $103,960 from Other Foundation to implement and evaluate a Pain Management Program for people living with HIV and AIDS (4/5^ths vote required)

59.

Resolution (067070) authorizing a transfer in the amount of $42,000 from All Other Federal Grants to Professional Independent Contractor and Public Health Services to provide funding for consultant fees and subsidize pharmaceutical costs (4/5^ths vote required)

60.

Resolution (067071) authorizing:

A)

An agreement with Northrop Grumman Public Safety, Inc. for the implementation of a Sheriff’s Office Mobile Data Computer Systems for the term of from date of execution through January 2005, in an amount not to exceed $593,836

B)

The Sheriff to execute subsequent amendments for minor modifications, provided they can be made without an increase in the total contract amount

61.

Acting as the Governing Board of the Emerald Lake Heights Sewer Maintenance District, adopt a resolution (067072) accepting a sewer main extension constructed by William A. and V. F. Sommers from 643 Vista Drive to 651 Vista Drive, Emerald Lake area

The meeting adjourned at 10:23 a.m., in memory of Dennis Giorgi and Elios Anderlini, to reconvene on Tuesday, December 14, 2004 at 8:15 a.m. in Closed Session - Litigation and Personnel Matters, and thereafter for the regularly scheduled Board meeting.