PLEASE NOTE THERE WILL BE NO MEETING OF THE
BOARD OF SUPERVISORS ON AUGUST 2, 2005

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 9:07 a.m.

Tuesday, July 26, 2005

PLEDGE OF ALLEGIANCE

ROLL CALL – Present: Supervisor Church, Hill, Gordon, Jacobs Gibson and Tissier

Absent: None

1.

8:15 a.m.

CLOSED SESSION

A)

Conference with Legal Counsel - Existing Litigation

Mercedes Bentley, WCAB Nos. OAK249332, OAK249333, SFO424242,
SFO422193, SFO424241 and SFO422192

Settlement in the amount of $55,000

Susan Bostow, WCAB No. SFO462520

Settlement in the amount of $38,000

Edward Brusuelas, WCAB Nos. SFO446375, SFO446376

Settlement in the amount of $80,000

Douglas Chapman, WCAB Nos. SFO0467846, SFO0467845

Settlement in the amount of $42,500

Brenda Cooper, WCAB Nos. SFO0453670, SFO0453655

Settlement in the amount of $36,890

Juanita Halpin, No WCAB number

Settlement in the amount of $63,982.50

Robert & Sheryl Amaral v. Northern Claims, et al.
San Mateo County Superior Court Case No. CIV448085

Oscar Braun et al. v. County of San Mateo
United States District Court Case No. C 03 3415 MJJ

Oscar & Andrea Braun v. County of San Mateo
United States District Court Case No. C 05 1459 MJJ

Kotobuki Trading Company, Inc. v. San Mateo County Flood Control Dist.
San Mateo County Superior Court Case No. 433108

Steven Thornton et al. v. County of San Mateo
San Mateo County Superior Court Case No. CIV441473

Patricia Ann Young v. County of San Mateo
United States District Court Case No. C 03 5801 CRB

B)

Conference with Legal Counsel – Anticipated Litigation

Significant exposure to litigation pursuant to subdivision (b) of Govt. Code Section 54956.9; (number of cases):
One case

The Board of Supervisors returned to Closed Session after the meeting adjourned to discuss this matter.

C)

Conference with Real Property Negotiator – Govt. Code 54956.8

Property: APN 052-334-050
Agency Negotiation: County Manager
Negotiating Parties: (1) Tuscan Tower LLC; (2) Joseph W. Carcione, Jr.
Under Negotiation: Price and Terms

2.

9:00 a.m.

REGULAR AGENDA
CONSENT AGENDA
GOVERNING BOARD
Church/Hill

3.

9:00 a.m.

Presentation of “Employee of the Month” to Diane Dworkin, Supervising Mental Health Clinician, Health Department (County Manager)

Speakers recognized by the President:

John L. Maltbie, County Manager

Charlene Silva, Director, Health Department

Shelley Hesler

Gale Bataille

4.

ORAL COMMUNICATIONS - None

(See also Governing Board Matters Set for Specified Time, Page 9)

5.

9:30 a.m.

Introduction of an ordinance providing for the reporting of unusual occurrences regarding the provisions 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 Jerry Hill) (continued from the meeting of June 21, 2005) Church/Hill

This item was continued to the meeting of August 9, 2005 for adoption.

Speakers recognized by the President:

Supervisor Mark Church, Board of Supervisors

Supervisor Jerry Hill, Board of Supervisors

Supervisor Rose Jacobs Gibson, Board of Supervisors

6.

10:00 a.m.

Presentation of a resolution (2405) honoring Armando Ramirez for being named National REFORMA 2005 Trejo Librarian of the Year for exemplary contributions to the library profession in the service of the Latino Community (Supervisor Rich Gordon) Tissier/Jacobs Gibson

7.

Resolution (067457):

A)

Waiving the Request for Proposal process and authorizing agreements with the following for consulting services for the term of July 26, 2005 through August 31, 2007:

1)

Marian Repp, in the amount of $293,540

2)

BCE Software, Inc., in the amount of $320,620

3)

TTY Systems, Inc., in the amount of $320,620

B)

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

This item was moved to the Consent Agenda.

8.

Update on the 2005 Progress Measures for Shared Vision 2010

This item was continued to the meeting of August 9, 2005.

9.

County Manager’s report

10.

Introduction of an ordinance amending the salary for members of the Board of Supervisors, and waiver of reading the ordinance in its entirety (Supervisor Rich Gordon)

Speakers recognized by the President:

Supervisor Adrienne Tissier, Board of Supervisors

Supervisor Jerry Hill, Board of Supervisors

This item was continued to the meeting of August 9, 2005. County Counsel was asked to revise the ordinance and report back to the Board.

11.

Recommendation to establish a task force on ethics to study and report back to the Board of Supervisors on issues related to campaign financing, lobbying, gifts, officeholder accounts, incompatible outside employment and post-elective office activities (Supervisor Rich Gordon)

Speakers recognized by the President:

Supervisor Jerry Hill, Board of Supervisors

Supervisor Rose Jacobs Gibson, Board of Supervisors

Supervisor Mark Church, Board of Supervisors

Supervisor Adrienne Tissier, Board of Supervisors

12.

Board members’ committee reports

13.

Adoption of an ordinance (04269) requiring specified County contractors to pay their full-time employees their regular pay for at least five days of jury service in San Mateo County, previously introduced and waiver of reading the ordinance in its entirety (Supervisor Mark Church and Supervisor Rich Gordon)

This item was moved to the Regular Agenda.

Speakers recognized by the President:

Supervisor Mark Church, Board of Supervisors

Supervisor Adrienne Tissier, Board of Supervisors

Supervisor Jerry Hill, Board of Supervisors

Michael Murphy, Deputy County Counsel

Judge Quintan Kopp was unable to attend the meeting, but is in support of the ordinance.

14.

Recommendation for appointment of Paul Brody to the Emergency Medical Care Committee, term expiring March 31, 2006 (Supervisor Rich Gordon)

15.

A)

Recommendation for appointment of Bill Nack to the Expo Center Board to fill the vacancy left by the resignation of Director Marcy Saunders, term expiring September 30, 2005

B)

Recommendation for reappointment of Bill Nack to the a three year term expiring September 30, 2008 (Supervisor Jerry Hill and Supervisor Adrienne Tissier)

16.

Recommendation for reappointment of Sandra Mellor representing local education to the Workforce Investment Board, term expiring June 30, 2008 (Supervisor Mark Church)

17.

Proclamation (2406) commemorating the 7^th Annual Collard Greens Cultural Festival on July 30, 2005 (Supervisor Rose Jacobs Gibson)

18.

Ratification of a resolution (2407) honoring Dr. Marian Wong for thirty-three years of service in public education (Supervisor Mark Church)

19.

Ratification of a proclamation (2408) designating September 7-9, 2005 as Quad Council EEO Training Days (Supervisor Rich Gordon)

20.

Resolution authorizing:

A)

A lease agreement with D & D Real Estate for a portion of the building located at 601 Allerton Street, Redwood City area for the term of September 1, 2005 through August 31, 2015, in the amount of $95,088 annually

B)

The County Manager or his designee to execute notices and amendments associated with the lease

This item was continued to the meeting of August 9, 2005

21.

Resolution (067458) authorizing an amendment to the lease agreement with Asiya Shriners, successor in interest to Islam Temple A.A.O.N.M.S., increasing the area of the premises of a portion of the building located at 150 W. 20^th Avenue, San Mateo area for the term of August 1, 2005 through June 30, 2007, increasing the amount by $7,880 to $32,264 monthly

22.

Resolution (067459) authorizing:

A)

A Quitclaim Deed granting any interest the County may have in a street easement over a portion of a private lot along Avenue Portola, unincorporated El Granada area

B)

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

23.

Accept a report containing the County’s response to the 2004-05 Grand Jury report on County Information Services Department Focuses on Change

24.

Make a finding to continue the local emergency caused by the services of 2004-05 winter storms that brought large amounts of wind and rain resulting in a tornado in South San Francisco and landslide in La Honda affecting homes and public property

25.

Report recommending denial of the following claims:

Claims (Non-Culpable)

Gerardo Aguilar

Rahinah Ibrahim

Andrews Bloom Investments (2)

John S. and Frances N. Porter Family Living Trust

Burman Trade Bindery

Merry Sales Co.

Calpico Inc.

David Modena

Ernest Collinsworth

OG Investments Inc.

Dynasty Customs Broker Inc.

UTAP Printing Co., Inc.

26.

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 August 9, 2005 for adoption.

27.

Adoption of an ordinance (04270) 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

28.

Adoption of the Master Salary Ordinance (04271) for FY 2005-06, previously introduced and waiver of reading the ordinance in its entirety

29.

A)

Accept the report from the Needle Exchange Task Force

B)

Resolution (067460) authorizing licensed pharmacists to sell or furnish ten or fewer hypodermic needles or syringes to a person for use without a prescription if the pharmacy is in the Disease Prevention Demonstration Project

30.

Resolution (067461) authorizing:

A)

Agreements with Alzheimer’s Association, Avenidas, Catholic Charities CYO, Center for Independence of the Disabled, City of Daly City, City of East Palo Alto, City of Menlo Park, City of Pacifica, City of San Bruno, City of San Mateo, City of South San Francisco, Coastside Adult Day Health Center, Edgewood Center for Children and Families, Family Service Agency, Legal Aid Society, Mills-Peninsula Senior Focus, Ombudsman of San Mateo, Inc., Peninsula Volunteers, Second Harvest Food Bank, Senior Coastsiders and Sequoia Hospital for the provision of supportive, nutrition and community-based services for FY 2005-06, in the amount of $2,569,922

B)

The Director of the Health Department to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

31.

Resolution (067462) authorizing:

A)

An agreement with The Lesley Foundation for a Community Development Block Grant funded Facility Improvement Loan for sprinkler system installation and related services at Bonnie Brae Terrace located at 2400 Carlmont Drive, Belmont area for FY 2005-06, in the amount of $151,000

B)

The Director of the Department of Housing to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

32.

Resolution (067643) authorizing:

A)

Agreements with Asian American Recovery Services, California Detoxifications Programs, Inc., Daytop Village, Inc., El Centro de Libertad, Free at Last, Horizon Services, Inc., The Latino Commission, Project Ninety, Inc., Pyramid Alternatives, Service League of San Mateo, Sitike Counseling Center, Walden House, Inc., Women’s Recovery Association and Youth and Family Enrichment Services to provide alcohol and drug prevention and treatment services for FY 2005-06, in the amount of $3,481,847

B)

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

33.

Resolution (067464) authorizing an agreement with the Child Abuse Prevention Center for the Volunteer Case Aide Program for FYs 2005-08, in the amount of $119,426, $84,986 Net County Cost

34.

Resolution (067465) waiving the Request for Proposal process and authorizing an agreement with Moss Beach Homes, Inc. for the administration of a “Change of Placement Program” for dependent children at the County’s Tower House Receiving Home, San Mateo area for FYs 2005-08, in the amount of $250,000, no Net County Cost

35.

Resolution (067466) authorizing an amendment to the agreement with the Department of Rehabilitation to provide job development and training services for mental health consumers for FYs 2004-07, increasing the amount by $767,190 to $1,534,380, $220,009 County match

36.

Resolution (067467) authorizing an amendment to the agreement with the Department of Rehabilitation to provide training and employment services for FYs 2004-07, increasing the amount by $247,046 to $494,092, $80,604 County match

37.

Resolution (067468) authorizing an amendment to the agreement with Women’s Recovery Association to provide alcohol and drug treatment services for FY 2004-05, increasing the amount by $61,759 to $825,287, no Net County Cost

38.

Resolution (067469) approving the:

A)

Office of Child Abuse Prevention Notice of Intent for the Human Services Agency to administer the Child Abuse Prevention, Intervention and Treatment Program, Community-Based Child Abuse Prevention and Promoting Safe and Stable Families programs for FYs 2005-08, in the amount of $300,000

B)

Children’s Collaborative Action Team’s Request for Proposal process recommendations for distribution of funds for Child Abuse Prevention and Intervention Services

39.

Resolution (067470) reappointing:

A)

Children’s Collaborative Action Team (CCAT) as the designated Child Abuse Prevention Coordinating Council

B)

CCAT as the designated AB 2994 Child Abuse Trust Fund Commission for distribution of child abuse prevention funds

40.

Resolution (067471) authorizing the County Manager or in his absence the Director of Public Works to sign and file documents with the Governor’s Office of Emergency Services relating to the Scenic Road Slide, Cuesta La Honda area

41.

Resolution (067472) authorizing an agreement with California Emergency Physicians to provide emergency medical services for the term of January 1, 2005 through December 31, 2005, in an amount not to exceed $2,553,316

42.

Resolution (067473) authorizing:

A)

An agreement with PharMerica to provide pharmaceutical and infusion services to patients of San Mateo Medical Center Long Term Care and Burlingame Long Term Care for FYs 2005-08, in the amount of $1,692,000

B)

The Chief Executive Officer of the San Mateo Medical Center to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

43.

Resolution (067474) authorizing an amendment to the agreement with Medisave Pharmacies, Inc., dba Kindred Pharmacy Services to provide pharmaceutical and infusion services to patients of Burlingame Long Term Care, extending the term through August 31, 2005, increasing the amount by $40,000 to $240,000

44.

Resolution (067475) waiving the Request for Proposal process and authorizing an amendment to the agreement with MedQuist Transcriptions, Ltd. to provide medical transcription services, extending the term through April 30, 2006, increasing the amount by $1,400,000 to $5,254,622 and replacing Schedule B

45.

9:00 a.m.

Acting as the Governing Board of the Fair Oaks Sewer Maintenance District, conduct a hearing:

A)

Adopting a resolution ordering the annexation of the Lands of Andersson and Flowers to the Fair Oaks Sewer Maintenance District

B)

Instructing the Clerk of the Board to transmit a copy of the resolution ordering annexation to the Town of Woodside:

1)

Report and recommendations

2)

Close hearing

3)

Adopt resolution (067476)

Speakers recognized by the President:

Neil Cullen, Public Works Director

46.

9:15 a.m.

Acting as the Governing Board of the San Mateo County Flood Control District, conduct a hearing adopting a resolution:

A)

Approving the 2005-06 Water Pollution Control Service Charges Report for Flood Control Zone One - Countywide

B)

Directing the Clerk of the Board of Supervisors to file the report with the County Controller:

1)

Report and recommendations

2)

Close hearing

3)

Adopt resolution (067477)

Speakers recognized by the President:

Neil Cullen, Public Works Director

47.

9:15 a.m.

Acting as the Governing Board of the San Mateo County Flood Control District, conduct a hearing adopting a resolution:

A)

Approving the 2005-06 Water Pollution Control Service Charges Report for Flood Control Zone Two - City of Pacifica

B)

Directing the Clerk of the Board of Supervisors to file the report with the County Controller:

1)

Report and recommendations

2)

Close hearing

3)

Adopt resolution (067478)

Speakers recognized by the President:

Neil Cullen, Public Works Director

48.

9:45 a.m.

Acting as the Governing Board of the nine County Sewer Maintenance/Sanitation Districts, conduct a hearing adopting a resolution:

A)

Approving the 2005-06 Sewer Service Charges Report for the Districts

B)

Directing the Clerk of the Board of Supervisors to file the report with the County Controller:

1)

Report and recommendations

2)

Close hearing

3)

Adopt resolution (067479)

Speakers recognized by the President:

Neil Cullen, Public Works Director

49.

Acting as the Governing Board of the San Mateo County Flood Control District, adopt a resolution (067480) authorizing a contribution to the San Francisquito Creek Joint Powers Authority (JPA) from the San Francisquito Creek Flood Control Zone 2 to support the JPA’s administrative budget for FY 2005-06, in the amount of $62,850