PLEASE NOTE THERE WILL BE NO MEETING OF THE
BOARD OF SUPERVISORS ON APRIL 15 AND 29, 2008

The meeting was called to order at 9:03 a.m.

Tuesday, April 8, 2008

 

PLEDGE OF ALLEGIANCE

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

Absent: None

1.

8:15 a.m.

CLOSED SESSION

A)

Conference with Legal Counsel – Existing Litigation

   
 

Mahon, Thomas v. County of San Mateo, et al.

 

San Mateo County Superior Court Case No. 446698

   
 

Daniel Oates v. County of San Mateo

 

WCAB Case No. SFO 049626

   
 

Settlement in the amount of $168,000, plus future medical costs

   
 

Vera, Dina v. County of San Mateo, et al.

 

San Mateo County Superior Court Case No. 469279

   
 

Philip Watts v. County of San Mateo

 

WCAB case

   
 

Settlement in the amount of $68,000, plus future medical costs

   
 

Abbushi v. City and County of San Francisco, et al.

 

Santa Clara Case No. 105 CV 049753

   

B)

Conference with Legal Counsel – Anticipated Litigation

 

Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9 (One case)

   
 

One matter of threatened litigation was added to the agenda during Closed Session.

 

2.

9:00 a.m.

REGULAR AGENDA (SEE PAGE 5)
CONSENT AGENDA
(SEE PAGE 6)
GOVERNING BOARD
(SEE PAGE 10)

 

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agenda are approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda.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

 

3.

ORAL COMMUNICATIONS

   
 

Speakers recognized by the President:

 

Robert Susk, 195 Greer, Woodside 94062

MATTERS SET FOR SPECIFIED TIME

4.

9:00 a.m.

Presentation of a resolution (2776) honoring the San Mateo County Youth Commission upon receiving First Place in the National Association of Counties 2008 Acts of Caring Awards (County Manager)

     
   

Speakers recognized by the President:

   

John L. Maltbie, County Manager

     
   

Motion: Church / Second: Gordon

     

5.

9:00 a.m.

Presentation of a proclamation (2777) designating April 13 through April 19, 2008 as Public Safety Telecommunicators Week (Supervisor Mark Church)

     
   

Motion: Church / Second: Gordon

     

6.

9:00 a.m.

Hearing to consider: (Department of Housing)

     

A)

The issuance by the California Municipal Finance Authority of Multi-Family Housing Bonds for the construction of the Trestle Glen Apartments, unincorporated Colma area

   

B)

A resolution authorizing the approval of multi-family housing bonds by the California Municipal Finance Authority to benefit the development of Trestle Glen Apartments

   
 

1)

Report and recommendation

     
 

2)

Close hearing – Motion: Jacobs Gibson / Second: Hill

     
 

3)

Adopt the resolution (069336)Motion: Church / Second: Jacobs Gibson

     
   

Speakers recognized by the President:

   

Duane Bay, Director, Department of Housing

   

7.

9:15 a.m.

Presentation of a proclamation (2778) designating April 13 through April19, 2008, as Victims' Rights Week (Supervisor Adrienne Tissier)

     
   

Speakers recognized by the President:

   

Grace Nelson, District Attorney’s Office

   

8.

9:15 a.m.

Presentation of a proclamation (2779) designating April 2008 as Climate Change Awareness Month (Supervisor Adrienne Tissier and the Health Department)

     
   

Speakers recognized by the President:

   

Brian Zamora, Health Department

     
   

Motion: Gordon / Second: Tissier

     

9.

9:15 a.m.

Honor and recognize local businesses that are certified as a Green Business in the unincorporated areas of San Mateo County (Supervisor Mark Church)

     

10.

9:30 a.m.

Hearing to consider a Design Review to allow construction of a 3,310 square foot single-family residence, placement of a fire hydrant and removal of nine trees on a 6,250 square foot parcel located on Birch Street, unincorporated Montara area. This project is not appealable to the California Coastal Commission. (Owner/Applicant/Appellant: Ken Menasco) (Continued from the meeting of March 11, 2008) (Planning and Building)

     

A)

Report and recommendation

   

B)

Close hearing – Motion: Hill / Second: Gordon

   

C)

Approve or deny appeal

   
 

Speakers recognized by the President:

 

Lisa Grote, Director, Planning Department

 

Nadia Holober, Attorney for Applicant, 10 Almaden Blvd., Suite 1460, San Jose 95113

 

Nikii Torres-Menasco, Applicant

 

Stephen Lowens, 1233 Cedar Street, Montara 94037

 

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

 

Jan Stegmaier, 770 George Street, Montara 94037

 

Karen Wilson, P.O. Box 371273, Montara 94037

 

Supervisor Rich Gordon, Board of Supervisors

 

Supervisor Jerry Hill, Board of Supervisors

 

Supervisor Mark Church, Board of Supervisors

   
 

The Board remanded this item to the Planning Commission.

   
 

Motion: Hill / Second: Church

   

11.

9:30 a.m.

Hearing to consider a Design Review to allow construction of a 3,131 square foot single-family residence, placement of a fire hydrant and removal of two trees on a 6,250 square foot parcel located on Birch Street, unincorporated Montara area. This project is not appealable to the California Coastal Commission. (Owner/Applicant/Appellant: Ken Menasco) (Continued from the meeting of March 11, 2008) (Planning and Building)

     

A)

Report and recommendation

   

B)

Close hearing – Motion: Hill / Second: Gordon

   

C)

Approve or deny appeal

   
 

Speakers recognized by the President:

 

Lisa Grote, Director, Planning Department

 

Nadia Holober, Attorney for Applicant, 10 Almaden Blvd., Suite 1460, San Jose 95113

 

Nikii Torres-Menasco, Applicant

 

Stephen Lowens, 1233 Cedar Street, Montara 94037

 

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

 

Jan Stegmaier, 770 George Street, Montara 94037

 

Karen Wilson, P.O. Box 371273, Montara 94037

 

Supervisor Rich Gordon, Board of Supervisors

 

Supervisor Jerry Hill, Board of Supervisors

 

Supervisor Mark Church, Board of Supervisors

   
 

The Board remanded this item to the Planning Commission.

   
 

Motion: Hill / Second: Church

   

12.

10:00 a.m.

Hearing to consider a request to establish a Class A Agricultural Preserve for two parcels totaling 81 acres located at 11200 Cabrillo Highway, unincorporated Pescadero area (Owner/Applicant: Richard A. Cordes) (Planning and Building)

     

A)

Report and recommendation

   

B)

Close hearing – Motion: Church / Second: Jacobs Gibson

   

C)

Find that the request is consistent with the County General Plan, the Planned Agricultural District/Coastal Development District, the California Land Conservation Act and Board of Supervisors Resolution No. 44396 relating to the implementation of the California Land Conservation Act

   

D)

Resolution (069337) to establish an agricultural preserve and authorize execution of a California Land Conservation Contract

   
   
   
   

E)

Find that the project is categorically exempt under the provisions of Section 15317, Class 17 (Agriculture or Open Space Contracts or Easements) of the California Environmental Quality Act

   
 

Speakers recognized by the President:

 

Lisa Grote, Director, Planning Department

 

Supervisor Rich Gordon, Board of Supervisors

 

Michael Murphy, County Counsel

   
 

Motion: Jacobs Gibson / Second: Gordon

   

13.

10:15 a.m.

Presentation of a resolution (2780) honoring Ross Peterson and the Bay Area Educational Amateur Radio Society for their work in support of emergency preparedness in San Mateo County (Supervisor Jerry Hill)

     
   

Motion: Hill / Second: Gordon

     

14.

10:15 a.m.

Presentation of a resolution (2781) honoring San Mateo High School upon their victory in the 2008 Bay Area Quiz Kids Championship (Supervisor Jerry Hill)

     
   

Motion: Hill / Second: Jacobs Gibson

     

15.

1:30 p.m.

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

REGULAR AGENDA

PUBLIC WORKS

16.

Resolution (069338) authorizing the Director of Public Works to:

   
 

A)

Install four speed control devices on Scenic Drive between Edgewood Road and Clifford Road, once the administrative fees have been paid as required by the Residential Speed Control Device Program

     
 

B)

File with the County Clerk a Notice of Exemption from the requirements for preparation of an EIR under the California Environmental Quality Act

     
 

C)

Monitor the effectiveness of the speed control devices and to evaluate any impacts that the installation of the speed control devices may have on traffic on other county maintained roads in the immediate area

     
   

This item was transferred to the Consent Agenda.

COUNTY MANAGER

17.

County Manager’s report – No report

BOARD OF SUPERVISORS

18.

Board members’ committee reports – No report

CONSENT AGENDA

   

19.

Minutes of the meetings of January 8, 29, February 5, 12, 26 and March 25, 2008

ASSESSOR-COUNTY CLERK-RECORDER

20.

Resolution (069339) authorizing the Chief Elections Officer to render specified election services to the County of San Mateo, Pacifica School District, Millbrae School District, City of Half Moon Bay and the Town of Atherton in conjunction with the Statewide Direct Primary Election to be held on Tuesday, June 3, 2008

BOARD OF SUPERVISORS

21.

Recommendation for the appointment of Christopher Devcich to the Agricultural Advisory Board representing the Public Member, term expiring June 30, 2012 (Supervisor Rich Gordon)

   

22.

Adoption of an ordinance (04417) repealing and replacing Sections 4.98.100 through 4.98.160 and adding Sections 4.98.170 and 4.98.180 to Chapter 4.98 of Title 4 of the San Mateo County Ordinance Code governing tobacco retailer permits, previously introduced on March 25, 2008 and waiver of reading the ordinance in its entirety (Supervisors Jerry Hill and Rich Gordon)

   

23.

Ratification of a resolution (2782) honoring John Christensen in recognition of his work on behalf of Little League Baseball and the youth of San Mateo County (Supervisor Jerry Hill)

   

24.

Ratification of a resolution (2783) honoring Terrence R. Flinn upon his retirement from the San Mateo County Assessor-County Clerk-Recorder’s Office (Supervisor Jerry Hill)

COUNTY MANAGER

25.

Resolution (069340) authorizing:

   
 

A)

An agreement with Macias Gini and O’Connell LLP for the provision of post-audits, examination of various County Auditors’ financial statements and other specified audit work for the term of April 1, 2008 through March 31, 2011, in the amount of $1,146,139

     
 

B)

The County Manager to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

HEALTH

26.

Resolution (069341):

   
 

A)

Waiving the Request for Proposal process and authorizing an agreement with the City of Daly City for the provision of mental health and other services for the term of January 1, 2008 through June 30, 2010, in an amount not to exceed $310,380

     
 

B)

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

   
   
   

27.

Resolution (069342) waiving the Request for Proposal process and authorizing an agreement with Stanford Hospital and Clinics for the provision of medical direction and consultation to the Emergency Medical Services program for the term of March 1, 2008 through February 28, 2009, in an amount not to exceed $102,540, no Net County Cost

   

28.

Resolution (069343):

   
 

A)

Authorizing an amendment to the agreements with Alzheimer’s Association of Northern California and Northern Nevada, Avenidas, Catholic Charities CYO, City of Daly City, City of Pacifica, City of San Mateo, Coastside Adult Day Health Center, Edgewood Center for Children and Families, Family Service Agency, Legal Aid Society, Mills-Peninsula Senior Focus, Ombudsman Services of San Mateo County, Inc., Peninsula Volunteers, Inc., Self-Help for the Elderly, Senior Coastsiders and Sequoia Hospital for the provision of supportive, nutrition and community-based services, increasing the total amount by $247,564 to $3,565,113, no Net County Cost

     
 

B)

Incorporating State required language regarding a grievance procedure specific to the agreement with Ombudsman Services of San Mateo County, Inc.

   

29.

Resolution (069344):

   
 

A)

Transferring specific vector control operations and responsibilities to the San Mateo County Mosquito Abatement District

     
 

B)

Authorizing the Director of the Health Department to maintain staffing sufficient to protect public health and assist the Mosquito Abatement District

HOUSING

30.

Resolution (069345) authorizing:

   
 

A)

An agreement with EPA CAN DO to assist with the acquisition of a single family house for use as affordable rental housing for the term of February 20, 2008 through December 31, 2008, in the amount of $125,000, no Net County Cost

     
 

B)

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

HUMAN RESOURCES

31.

A)

Report recommending denial of the following claims:

   
 

Claims (Non-Culpable)

   
 

Thomas Cortese

Siding Manufacturing, Inc., dba Bay Area Lumber Wholesale

     
 

Kacy Hanson

 
     
     
     

32.

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 April 22, 2008 for adoption.

HUMAN SERVICES

33.

Resolution (069346) waiving the Request for Proposal process and authorizing an agreement with Family Service Agency of San Mateo County for the provision of services under the Ways to Work Family Loan Program for FYs 2007-09, in an amount not to exceed $250,000, no Net County Cost

   

34.

Resolution (069347) authorizing:

   
 

A)

An amendment to the agreement with Full Capacity Marketing for the provision of marketing services, increasing the amount by $12,000 to $110,874, no Net County Cost

     
 

B)

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

PUBLIC WORKS

35.

Resolution (069348) adopting plans and specifications, including conformance with prevailing wage scale requirements and calling for sealed proposals for the County Office Building Elevator Modernization, 455 County Center, Redwood City

   
 

(Tuesday, May 13, 2008 at 2:30 p.m.)

SAN MATEO MEDICAL CENTER

36.

Resolution () authorizing an agreement with Aetna Health of California, Inc. for the provision of their health plan services for the term of April 15, 2008 through April 14, 2011

   

37.

Resolution (069349):

   
 

A)

Waiving the Request for Proposal process and authorizing an agreement with Bay Area Urology Medical Group for the provision of urology services to the San Mateo Medical Center for the term of January 1, 2008 through December 31, 2009, in an amount not to exceed $661,280.52

     
 

B)

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

   

38.

Resolution (069350) authorizing:

   
 

A)

An agreement with West Coast Linen Services for the provision of linen and laundry management service to the San Mateo Medical Center and Burlingame Long Term Care for the term of March 1, 2008 through February 28, 2011, in an amount not to exceed $3,320,035

     
 

B)

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

   

39.

Resolution (069351) authorizing an amendment to the agreement with BioPathology Sciences Medical Corporation, Inc. authorizing the assignment of the agreement to Cureline Biopathology, LLC

   

40.

Resolution (069352) authorizing an amendment to the agreement with Stanford University to conduct a clinical trial on coronary health prevention, extending the term through March 31, 2008, increasing the amount by $70,000 to $669,129.50

   

41.

Resolution (069353) authorizing:

   
 

A)

The Purchasing Agent to purchase a 64-slice CT Scanner, in an amount not to exceed $922,000

     
 

B)

The Chief Executive Officer to execute an agreement with GE Healthcare Technologies to renovate space and install the CT Scanner at the San Mateo Medical Center, in an amount not to exceed $662,651

     
 

C)

The Information Services Department to coordinate the upgrade of ScImage for the renovation and installation, in an amount not to exceed $189,000

   

42.

Introduction of an ordinance amending the salary ordinance adding four and deleting five positions to assist in implementing the recent Health Management Associates consultant recommendations regarding the management structure and waiver of reading the ordinance in its entirety

   
 

This item was continued to the meeting of April 22, 2008 for adoption.

   

43.

A)

Approve the reorganization of one division of the San Mateo Medical Center: Food and Nutrition pursuant to the consolidation of the Burlingame Long Term Care kitchen into the Main Campus operation

     
 

B)

Introduction of an ordinance amending the salary ordinance deleting two Food Services Supervisor positions and waiver of reading the ordinance in its entirety

     
   

Item B was continued to the meeting of April 22, 2008 for adoption.

     
     
     
     
     

GOVERNING BOARD

MATTERS SET FOR SPECIFIED TIME

44.

9:45 a.m.

Acting as the Board of Commissioners of the Housing Authority of the County of San Mateo, adopt Resolution No. 2008-03 (069355):

     
   

A)

Approving the 2008 Annual Public Housing Agency Plan for the Housing Authority of the County of San Mateo

       
   

B)

Authorizing the Director of the Department of Housing or his designee to execute any documents required by the U.S. Department of Housing and Urban Development to certify the plan

       
     

Speakers recognized by the President:

     

Duane Bay, Director, Department of Housing

     

William Lowell, Department of Housing

       
     

Motion: Gordon / Second: Jacobs Gibson

     

45.

9:45 a.m.

Acting as the Board of Commissioners of the Housing Authority of the County of San Mateo, adopt Resolution No. 2008-04 (069356):

     
   

A)

Approving the Amended and Restated Moving to Work Agreement with the U.S. Department of Housing and Urban Development

       
   

B)

Authorizing the Director of the Department of Housing or his designee to sign the Amended and Restated Agreement and the accompanying certification that the public review and public hearing requirements have been met

     
     

Speakers recognized by the President:

     

Duane Bay, Director, Department of Housing

     

William Lowell, Department of Housing

       
     

Motion: Church / Second: Jacobs Gibson

       
 
 

The meeting adjourned at 10:29 a.m. to reconvene on Tuesday, April 22, 2008 at 8:15 a.m. in Closed Session - Litigation and Personnel Matters, and thereafter for the regularly scheduled Board meeting.