PLEASE NOTE THERE WILL BE NO MEETING OF THE
BOARD OF SUPERVISORS ON DECEMBER 23 AND 30, 2003

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 9:02 a.m.

Tuesday, December 16, 2003

PLEDGE OF ALLEGIANCE

ROLL CALL - All Supervisors were present.

1.

8:15 a.m.

CLOSED SESSION

1)

Conference with Legal Counsel - Existing Litigation

Pugh v. County of San Mateo

San Mateo County Superior Court No. 426726

S.R. Murphy Enterprises v. County of San Mateo

San Mateo County Superior Court No. 416874

2)

Conference with Legal Counsel - Anticipated Litigation

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

One Case

2.

9:00 a.m.

REGULAR AGENDA (SEE PAGE )
CONSENT AGENDA (SEE PAGE
GOVERNING BOARD (SEE PAGE )

Nevin/Church

3.

9:00 a.m.

Presentation of "Employee of the Month" to Linda Gibbons, Sheriff's Sergeant, Sheriff's Office (County Manager)

Speakers recognized by the President:

John L. Maltbie, County Manager

Lisa Williams

Bill Pedrini, Assistant Sheriff

4.

ORAL COMMUNICATIONS

Speakers recognized by the President:

Shirley Darnell, 1903 E. Bayshore Road, Redwood City

Laura Fanuchi, 364 South Railroad, San Mateo 94401

Sam Stebbins

5.

9:00 a.m.

Resolutions (2202, 2203, 2204) honoring Judy Souza, Charlotte Brinsont-Brown and Regina Wilson-Henry for being recognized by the Women In County Government (WICG), which highlights the achievement and talents of women employees this year in the categories of public service and self development (Communication from Other Agencies) - Nevin/Church

Speakers recognized by the President:

Ana Navarro, President of WICG

6.

9:15 a.m.

Presentation on Health Disparities in San Mateo County (Supervisor Rose Jacobs Gibson, Health Services, Human Services Agency and San Mateo Medical Center)

Speakers recognized by the President:

Margaret Taylor, Director, Health Services

7.

9:30 a.m.

Presentation on Economic Development in San Mateo County (Supervisor Rose Jacobs Gibson, Environmental Services Agency and Human Services Agency)

Speakers recognized by the President:

Marcia Raines, Director, Environmental Services

Maureen Borland, Director, Human Services Agency

8.

9:45 a.m.

Hearing to consider a General Plan Amendment to update and revise the General Plan Housing Element and a Zoning Text Amendment to adopt an Inclusionary Program for Affordable Housing (Environmental Services Agency):

1)

Resolution (066436):

a)

Certifying the Negative Declaration as complete, correct and adequate and prepared in accordance with the California Environmental Quality Act and applicable State and County Guidelines

b)

Approving the General Plan Amendment adopting an updated and revised General Plan Housing Element

2)

Adoption of an ordinance approving the Zoning Text Amendment adopting an Inclusionary Program for the unincorporated area, and waiver of reading the ordinance in its entirety

This ordinance was not adopted.

3)

Resolution directing staff to transmit the Inclusionary Program to the Coastal Commission for certification of conformity with the California Coastal Act

This resolution was not adopted.

a)

Report and recommendation

b)

Close hearing - Gordon/Nevin

c)

Adopt resolutions - Gordon/Nevin

d)

Adopt ordinance

Speakers recognized by the President:

Marcia Raines, Director, Environmental Services

Mark Duino

Lisa Aozasa, Project Planner

Linda Clark, 30 Rondo Way, Menlo Park 94025

Shawn McGraw, 900 Palma, El Granada 94018

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

James Benjamin, 400 Pilarcitos Avenue, Half Moon Bay 94019

Kristen Anderson, 1120 Roosevelt, Redwood City 94061

Sally Cadigan, 2121 S. El Camino Real, San Mateo 94044

Christopher Mohr, 690 Broadway, Redwood City 94063

Karyl Eldridge, 415 Primrose Road, Burlingame 94010

Lennie Roberts, 337 La Cuesta, Portola Valley 94028

Kent Mikelson, 875 O'Neil Avenue, Belmont 94002

Supervisor Gordon's motion:

1)

Request to get report from staff regarding vacancies in senior facilities that accept Section H vouchers.

2)

Certify the Negative Declaration as complete, correct and adequate and prepared in accordance with the California Environmental Quality Act and applicable State and County Guidelines

3)

Approve the General Plan Amendment adopting an updated and revised General Plan Housing Element

4)

Adopt amended language in the General Plan Amendment regarding Inclusionary Zoning

5)

Request that staff bring back to the Board an ordinance regarding Inclusionary Program that reflects the work of the Housing Task Force

9.

10:00 a.m.

Hearing to consider an appeal of the Planning Commission's decision to approve a Coastal Development Permit, to allow temporary farm-related entertainment activities, including food sales, a petting zoo, pony and elephant rides, and one children's air balloon slide at 4-C's Ranch from October 1^st through October 31^st each year. (Applicant/Owner: John Cozzolino, Appellant: Oscar Braun/California Watershed Posse). This project is appealable to the California Coastal Commission. (Environmental Services Agency)

1)

Report and recommendation

2)

Close hearing - Nevin/Hill

3)

Approve or deny appeal - Nevin/Church

Speakers recognized by the President:

Terry Burnes, Planning Administrator

Oscar Braun, 1589 Higgins Canyon Road, Half Moon Bay 94019

John Cozzolino, 12001 San Mateo Road, Half Moon Bay 94019

Terry Grossett, 193 Reef Point, Moss Beach 94038

Steven Karlin, 1794 Higgins Canyon Road, Half Moon Bay 94019

Deniz Bolbol, P.O. Box 5656, Redwood City 94063

Pat Cuviello, P.O. Box 5656, Redwood City 94063

Susie Cronin Paraivo, 3357 Brittan Avenue, San Carlos 94070

Chris Vogel, P.O. Box 67, El Granada 94018

Eric Mills, P.O. Box 20184, Oakland 94620

Jim Rourke, P.O. Box 222, Pescadero 94060

Lennie Roberts, 339 La Cuesta, Portola Valley 94028

Jeff Allen, P.O. Box 2, Pescadero 94060

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

10.

10:15 a.m.

Presentation on CityYear (Supervisor Mike Nevin)

Speakers recognized by the President:

Supervisor Mike Nevin, Board of Supervisors

Veronica Ruiz, CityYear

Ruben, CityYear

Alexus, CityYear

11.

10:30 a.m.

Resolution (2208) honoring Dick Claire for his years of service to the City of Redwood City (Supervisor Rose Jacobs Gibson)

12.

10:45 a.m.

Approve the Mental Health Board's Annual Report for FY 2002-03 (Health Services)

Speakers recognized by the President:

Allison Mills

13.

11:00 a.m.

Resolution (066400) urging the State Legislature to take appropriate action to ban gun shows at the Cow Palace (Supervisor Mike Nevin) - Nevin/Church

Speakers recognized by the President:

Supervisor Mike Nevin, Board of Supervisors

Brothers Against Guns

Mike Schjrader

Stephen Sarkisian, 169 So. Mayfair Avenue, Daly City 94015

14.

11:15 a.m.

Resolution (2205) honoring Jeff Issace, Paramedic, California Department of Forestry for his service in Iraq (Supervisor Mike Nevin) - Nevin/Hill

15.

1)

Resolution (066401) approving the San Mateo County Joint Powers Financing Authority issuance of Lease Revenue Bonds (Capital Projects), 2004 Series A, in an amount not to exceed $8,500,000

2)

Resolution (066402) waiving the Request for Proposal process and authorizing contracts with (jointly with County Counsel):

a)

Orrick, Herrington & Sutcliff, LLP for legal services in connection with the issuance and payment of bonds, in the amount of $35,000

b)

California Financial Service for financial consulting services, in the amount of $35,000

This item was moved to the Consent Agenda.

16.

Consideration of the Board of Supervisor's meeting schedule for calendar year 2004

This item was moved to the Consent Agenda.

17.

County Manager's report:

1)

State Budget Update

2)

Resolution (066403) in support of Vehicle License Fee (VLF) backfill restoration and elimination of the Indigent Health Care "Poison Pill" provision of Realignment VLF - Gordon/Church

Speakers recognized by the President:

John L. Maltbie, County Manager

Supervisor Rich Gordon, Board of Supervisors

Supervisor Jerry Hill, Board of Supervisors

18.

Resolution (066404) approving the creation of the Southern San Mateo County Task Force on New Hospital Construction to gather information, develop a set of policy recommendations and share the findings with the Board of Supervisors, the cites and various healthcare organization in order that all hospitals meet the new seismic safety requirements by 2013 (Supervisor Jerry Hill) - Hill/Gordon

19.

Board members' committee reports - No Reports

20.

Resolution (066437) authorizing the Director of the Environmental Services Agency to give written notice on or before December 31, 2003 of the County's withdrawal from the San Mateo County Library Joint Powers Authority effective June 20, 2004 (jointly with County Counsel) - Hill/Church

Speakers recognized by the President:

John L. Maltbie, County Manager

Supervisor Jerry Hill, Board of Supervisors

Linda Craig, 30 Rondo Way, Menlo Park 94025

Lenora Ferro, 120 Los Trancos Circle, Portola Valley 94028

Margaret MacNiven, 22400 Skyline Blvd., La Honda 94020

21.

Adoption of an urgency ordinance (04200) establishing interim regulations for the short term rental of rooms (commonly known as a bed and breakfast inn) in residential districts outside of the coastal zone, to take effect immediately (4/5^th vote required) - Gordon/Hill

Speakers recognized by the President:

Terry Burnes, Planning Administrator +

Anna West, 1301 W. Selby, Redwood City

Nancy Arbuckle, 524 Nimitz Avenue, Redwood City 94061

J. Byron Fleck, 1 Almaden Blvd., Suite 800, San Jose 95113

James W. Camier, 3449 Brittan Ave., San Carlos 94070

Robert Sheppard, 518 Nimitz Avenue, Redwood City 94061

Pat Sheppard, 518 Nimitz Avenue, Redwood City 94061

Mary O'Becky, 370 Alexander Avenue, Redwood City 94061

Marge Smith, 415 Rutherford Avenue, Redwood City 94061

Steve Bowles, 572 Rutherford Avenue, Redwood City 94061

Maggie Heilman, 2011 Sterling, Menlo Park 94025

DiAnn Walker, 1448 Yosemite Avenue, San Jose 95126

John A. Wells, 1228 W. Selby Lane, Redwood City 94061

Tricia Young, 1201 W. Selby Lane, Redwood City 94061

Denis Bloomquist, 409 Nimitz Avenue, Redwood City 94061

Regnald Oldershaw, 4 Malory Court, Redwood City 94061

Gloria Linder, 363 Alexander Avenue, Redwood City 94061

Lennie Roberts, 339 La Cuesta, Portola Valley 94028

Shari Steele, 461 Nimitz Avenue, Redwood City 94061

22.

Minutes of the meeting of October 7, 21 and 28, 2003

23.

Ratification of a resolution (2206) honoring Claire Mack upon her retirement from the San Mateo City Council (Supervisor Jerry Hill)

24.

Ratification of a resolution (2207) honoring The Performance Group and Notre Dame de Namur University for celebrating 18 years of free performance of Charles Dickens' "A Christmas Carol" (Supervisor Jerry Hill)

25.

Recommendation for appointment of the following to the Commission on Disabilities (Supervisor Jerry Hill):

a)

Robert L. Goldman, term expiring June 30, 2004

b)

Roberto Manchia and J. Renee Navarro, terms expiring June 30, 2006

26.

Recommendation for reappointment of Jeanne Berg and Lucy Muir to the In-Home Supportive Services Advisory Committee, terms expiring December 31, 2006 (Supervisor Rose Jacobs Gibson)

27.

Recommendation for reappointment of John Odle to the Emergency Medical Care Committee, term expiring March 31, 2007 (Supervisor Rose Jacobs Gibson)

28.

Resolution (066405) authorizing an amendment to the agreement with Baxter Healthcare, Inc. for software support, extending the term through December 31, 2004

29.

Resolution (066406) waiving the Request for Proposal process and authorizing the County Purchasing Agent to issue a two year purchase order with Denver Solution Group for IBM proprietary mainframe operating system software for FYs 2003-05, in an amount not to exceed $302,000, plus applicable taxes

30.

Resolution (066421) authorizing the issuance and sale of Jefferson School District General Obligation Bonds, Election of 2001, Series 2004, for renovating and modernizing the school buildings within the Jefferson Elementary School District, prescribing the term of the sale of bonds and authorizing execution of necessary documents, in an amount not to exceed $20,000,000

31.

Resolution (066407) authorizing the issuance and sale of San Mateo Union High School District Series C 2004 General Obligation Bonds to repair and rehabilitate school facilities in the San Mateo Union High School District, prescribing the term of the sale of bonds and authorizing execution of the necessary documents, in an amount not to exceed $27,503,848.40

32.

Resolution (066408) authorizing the Director of the Environmental Services Agency to execute:

1)

An amendment to the agreement with the City of Brisbane and Brookfield Homes Bay Area, Inc., providing for a contribution by Brookfield to the funding for the amendment to the San Bruno Mountain Habitat Conservation Plan and Environmental Impact Report/Environmental Impact Statement (EIR/EIS) associated therewith, in the amount of $145,389

2)

An agreement with Jones & Stokes Associates for the preparation of an EIR/EIS amendment to the San Bruno Mountain Habitat Conservation Plan, in the amount of $125,089

33.

Resolution (066409) authorizing a zero property tax exchange between San Mateo County and the Midpeninsula Regional Open Space District for the proposed annexation of the unincorporated portions of the County, currently not included within the District boundaries

34.

Resolution (066398) authorizing the Real Property Services Manager to cast affirmative votes on ballets calling for a proposed assessment to support the San Mateo County Mosquito Abatement District

35.

Continued from December 2, 2003

Resolution (066410) authorizing:

1)

A Lease Agreement with Harbor Belmont Associates for a portion of the building located at 310 Harbor Boulevard, Belmont area, for a term ending April 30, 2012, increasing the amount by $17,280 per month

2)

An amendment to the Lease Agreement with Harbor Belmont Associates for the building located at 264 Harbor Boulevard, Belmont area, for a term ending April 30, 2012, reducing the amount by $14,373 per month

3)

The County Manager to execute options, notices and amendments associated with the lease

36.

Resolution (066411) authorizing an amendment to the agreement with California Service Bureau to provide payment for continued collection services for selected accounts through November 2005, in the amount of $375,000

37.

Report recommending denial of the following claims:

1)

Claims (Non-Culpable)

Sean Dixon

Kailing Mei

Robert James

Jerry Miller

Vigen Khachooni

Mark Nasalga

Katherine M. Kim/CSAA

Wayne Seminoff Co., Inc

2)

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

Sylvan Heumann

Christian Williams

38.

Adoption of an ordinance (04201) amending the salary ordinance and accepting the report on the total number of positions in the County, previously introduced and waiver of reading the ordinance in its entirety

39.

Resolution (066412) supporting the nomination of the Folger Estate Stable Historic District in Wunderlich County Park to be placed on the National Register of Historic Places

40.

Resolution (066413) authorizing an agreement with the State Department of Health Services for the Immunization Registry for FY 2003-04, in the amount of $31,686

41.

Resolution (066414) authorizing:

1)

An agreement with Family Service Agency of San Mateo County, Inc. to provide child abuse treatment services for FY 2003-04, in the amount of $772,733

2)

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

42.

Resolution (066415) authorizing an agreement with Clara-Mateo Alliance, Inc. to provide transitional and emergency housing for mentally ill clients for FY 2003-04, in the amount of $114,449, $71,557 Net County Cost

43.

Resolution (066416) authorizing an agreement with Telecare Corporation to provide supported housing and Assertive Community Treatment services for the seriously and persistently mentally ill adults and transition age youth, for FY 2003-04, in the amount of $1,149,274

44.

Resolution (066417) authorizing:

1)

Waiver of the Request for Proposal process and authorizing an agreement with Telecare Corporation for services at Cordilleras Mental Health Center and Gladman Center for FYs 2003-05, in the amount of $12,945,519

2)

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

45.

Resolution (066418) authorizing an agreement with Lovella Caluya-Diaz, MD., dba Baywood Medical Group to provide psychiatric services for FYs 2003-05, in an amount not to exceed $130,127, $3,252 Net County Cost

46.

Resolution (066419) authorizing an amendment to the agreement with Quest Diagnostics Clinical Laboratories, Inc. to provide collection materials, transport services and laboratory analysis of specimens, extending the term of the Correctional Health Services portion through June 30, 2005, increasing the amount by $80,000 to $120,000

47.

Resolution (066420) authorizing an amendment to the agreement with Fred Finch Youth Center for the provision of Crisis In-Home Stabilization, Therapeutic Behavioral Services and Day Treatment Services and related outpatient mental health services, extending the term through June 30, 2004, increasing the amount by $1,254,244 to $2,782,765, $160,703 Net County Cost

48.

Resolution (066422) authorizing an amendment to the agreement with Crestwood Behavioral Health, Inc. to reflect the rate increases and to include the new Health Insurance Portability and Accountability Act of 1996 requirements for FYs 2002-04, in the amount of $2,174,616, $400,000 Net County Cost

49.

Resolution (066423) authorizing transfer in the amount of $1,000,000 from General Reserves to Other Professional Services, increasing the Maddy Fund for emergency physicians reimbursement (4/5^th votes required)

50.

Resolution (066424) accepting a cash donation from National Technical Services Association for the California Children's Services, in the amount of $3,374.18

51.

Resolution (066425) authorizing an agreement with BFI Waste Systems of North America to provide Vocational Rehabilitation Services, for the term of March 1, 2003 through February 28, 2006

52.

Resolution (066426) authorizing:

1)

An amendment to the agreement with Project Ninety, Inc. for the provision of substance abuse treatment services for the homeless, reallocating $15,000 from alcohol and drug treatment to residential alcohol and drug treatment services

2)

The Director of Human Services Agency to execute amendments and minor modifications during the term of the agreement, limited to:

a)

Reducing the County's maximum fiscal obligation in the event there is commensurate reduction in the funding received by the County

b)

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

c)

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

53.

Resolution (066427) authorizing an amendment to the agreement with National Church Residences to assist with the development of affordable housing in Pacifica, extending the term through June 30, 2005, increasing the amount by $365,000 to $1,342,000

54.

Resolution (066428) authorizing an amendment to the agreement with Deloitte Consulting to enhance the design, development and implementation of the One-E-App software application, for the term of March 14, 2003 to June 30, 2004, increasing the amount by $6,500 to $448,500

55.

Resolution (066429) authorizing:

1)

An agreement with The Oettinger 1979 Trust for the installation and maintenance of building amenities that encroach into the public right-of-way at 3500 Alameda de las Pulgas, West Menlo Park area

2)

The Clerk of the Board to record the agreement after execution

56.

Resolution (066430) authorizing an amendment to the Vendor Agreement with BFI for the disposal of material at the Ox Mountain Landfill, extending the term through June 2, 2006, increasing the amount by $337,000 to $423,000

57.

Resolution (066431) supporting the Metropolitan Transportation Commission in developing the Transportation 2030 Plan with balanced funding for transit, maintenance and rehabilitation of local arterial and collector streets not currently on the Metropolitan Transportation System

58.

Adoption of an ordinance (04202) establishing a twenty-minute parking zone on Middlefield Road between Sixth and Seventh Avenues, North Fair Oaks area, previously introduced and waiver of reading the ordinance in its entirety

59.

Resolution (066432) authorizing an amendment to the agreement with the City of Brisbane for services provided by the Sheriff's Office Criminal Records Bureau, extending the term through March 31, 2004, in the amount of $2,460

60.

Resolution (066399) authorizing an amendment to the agreement with San Mateo County Transit District for the provision of law enforcement and public safety dispatch service, adding on Deputy Sheriff and one Community Services Officer position for FY 2003-04, increasing the amount by $268,264 to $2,209,838

61.

Resolution (066433) waiving the Request for Proposal process and authorizing an agreement with Acionyx, Inc. for programming services, for the term of January 1, 2004 through June 30, 2006, in an amount not to exceed $472,720

62.

Acting as the Governing Board of the San Mateo County Flood Control District, adopt a resolution (066434) reappointing Helen Fiscaro and Emanuele Damonte to the Colma Creek Flood Control Zone Advisory Committee, terms beginning April 1, 2004 through March 31, 2008

63.

Acting as the Governing Board of the San Mateo Flood Control District, adopt a resolution (066435) executing a Certificate of Acceptance consenting to transfer of a parcel of land from the San Mateo County Transit District to the San Mateo County Flood Control District (Continued from December 2, 2003)

The meeting adjourned at 12:50 p.m. to reconvene on Tuesday, January 7, 2004 at 8:15 a.m. in Closed Session - Litigation and Personnel Matters, and thereafter for the regularly scheduled Board meeting.