PLEASE NOTE THERE WILL BE NO MEETING OF THE
BOARD OF SUPERVISORS ON SEPTEMBER 23, 2008

REGULAR MEETING

SAN MATEO COUNTY BOARD OF SUPERVISORS

TUESDAY, SEPTEMBER 9, 2008

A copy of the Board of Supervisors’ agenda packet is available for review at the Law Library, 710 Hamilton Street @ Marshall Street, across from the Hall of Justice. The library is open Monday through Thursday 8 a.m. - 8 p.m., Friday 8 a.m. - 5 p.m., and Saturday 12 p.m. - 4 p.m.

Meetings are accessible to people with disabilities. Individuals who need special assistance or a disability-related modification or accommodation (including auxiliary aids or services) to participate in this meeting, or who have a disability and wish to request an alternative format for the agenda, meeting notice, agenda packet or other writings that may be distributed at the meeting, should contact Dorothy Dale, Agenda Administrator at least 2 working days before the meeting at (650) 363-1802 and/or ddale@co.sanmateo.ca.us. Notification in advance of the meeting will enable the County to make reasonable arrangements to ensure accessibility to this meeting and the materials related to it. Attendees to this meeting are reminded that other attendees may be sensitive to various chemical based products.

If you wish to speak to the Board, please fill out a speaker’s slip located on the table near the door. If you have anything that you wish distributed to the Board and included in the official record, please hand it to the Clerk of the Board who will distribute the information to the Board members and staff.

PLEDGE OF ALLEGIANCE

ROLL CALL

1.

8:15 a.m.

CLOSED SESSION

A)

Conference with Legal Counsel - Existing Litigation

Genentech Inc. v. San Mateo County et al.

San Mateo County Superior Court Case No. CIV456781

Toschi v. County of San Mateo et al.

United States District Court Case No. C07-3625JL

B)

Conference with Legal Counsel - Anticipated Litigation

Significant exposure to litigation pursuant to subdivision (b)(1) of Government Code Section 54956.9

One case

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agenda are approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda.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

3.

ORAL COMMUNICATIONS

If your subject is not on the agenda, the President will recognize you at this time. Speakers are customarily limited to two minutes. A speaker’s slip is required.

Times listed under this section are approximate. The Board makes every effort to adhere to the times listed, but in some cases, because of unexpected presentations, items may not be heard precisely at the time scheduled. In no case will any item be heard before the scheduled time.

4.

9:00 a.m.

Public hearing to consider a resolution of necessity to acquire, through the institution of eminent domain proceedings, real property located in the unincorporated La Honda area identified as Assessor’s Parcel Number 083-133-080 for the purpose of making slope stability improvements to the Scenic Drive landslide (4/5ths vote required) (County Manager)

A)

Report and recommendation

B)

Close public hearing

C)

Adopt resolution

Supporting Document Board Memo

Supporting Document Resolution

5.

9:15 a.m.

Pubic hearing to reconsider a Coastal Development Permit and Coastside Design Review Permit to construct a 1,627 square foot addition to an existing residence and detached accessory building on an 11,103 square foot parcel, including the removal of one significant size cypress tree, located at 324 The Strand, unincorporated Moss Beach. This project is appealable to the California Coastal Commission: (Planning and Building)

A)

Report and recommendation

B)

Close public hearing

C)

Adopt resolution

Supporting Document Executive Summary

Supporting Document Board Memo

Supporting Document Attachment

6.

9:30 a.m.

Public hearing to consider an appeal of an after-the-fact Coastal Development Permit to correct and mitigate the illegal removal of riparian vegetation performed in June 2004 and certification of a revised mitigated Negative Declaration on an unimproved 7,070 square foot parcel located on San Carlos Avenue, unincorporated El Granada area. This project is appealable to the California Coastal Commission (Planning and Building)

A)

Report and recommendation

B)

Close public hearing

C)

Approve or deny appeal

Supporting Document Executive Summary

Supporting Document Board Memo

Supporting Document Attachment

7.

9:45 a.m.

Resolution extending the Sheriff’s Office Jail Access Fee of $215, pursuant to AB 1805, Government Code 29551 - 29552 (Sheriff)

Supporting Document Board Memo

Supporting Document Resolution

8.

10:00 a.m.

Presentation of a resolution recognizing two San Mateo County youth for their leadership in the state’s anti-tobacco programs (Supervisor Adrienne Tissier)

Supporting Document Resolution

Supporting Document Resolution

9.

Introduction of an ordinance repealing and replacing Chapter 2.90 of the San Mateo County Ordinance Code relating to the collection of fees, pursuant to an April 2008 user fee study

10.

Resolution approving the Fuel Efficient County Vehicle Purchasing Policy

Supporting Document Board Memo

Supporting Document Resolution

11.

County Manager’s report:

State Budget update

12.

Board members’ committee reports

All items on the consent agendas 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.

13.

Resolution authorizing:

A)

An agreement with Cor-O-Van Records Management, Inc. and Cor-O-Van Secured Destruction, Inc. for centralized record management services for the term of September 9, 2008 through September 8, 2013, in an amount not to exceed $600,000, with a possible extension for two years upon written amendment

B)

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

14.

Resolution supporting proposed Marine Protected Areas under the state Marine Life Protection Act (Supervisor Rich Gordon)

Supporting Document Board Memo

Supporting Document Resolution

15.

Resolution supporting the preservation of the current Proposition 10 funding for First 5 San Mateo County programs and opposing any efforts to divert or reprogram Proposition 10 funds (Supervisor Rich Gordon)

Supporting Document Board Memo

Supporting Document Resolution

16.

Resolution requesting action by the Governor of the State of California to ensure that the United States Forest Service adequately does the prevention and maintenance work required to mitigate the risk of catastrophic wildfires (Supervisor Rich Gordon)

Supporting Document Board Memo

Supporting Document Resolution

17.

Recommendation for the reappointment of Sharon Roth, Raja Mitry and Amy Mah to the San Mateo County Mental Health Board, terms expiring September 30, 2010 (Supervisor Rich Gordon)

Supporting Document Board Memo

18.

Recommendation for the appointment of Lorraine P. Auerbach to the San Mateo Health Commission, term expiring June 30, 2012 (Supervisors Adrienne Tissier and Rich Gordon)

19.

Recommendation for the appointment of Hector Valdez to the Fatherhood Collaborative Advisory Board, term expiring December 31, 2008 (Supervisor Jerry Hill)

Supporting Document Board Memo

20.

Adoption of an ordinance adding Chapter 4.58 to Title 4 of the San Mateo County Ordinance Code requiring chain foodservice establishments to post nutrition information, previously introduced on August 12, 2008 and waiver of reading the ordinance in its entirety (Housing, Health and Human Services Committee: Supervisors Jerry Hill and Rose Jacobs Gibson)

Supporting Document Ordinance

21.

Ratification of a resolution honoring the San Mateo County Harbor District upon its 75^th anniversary (Supervisor Mark Church)

22.

Resolution adopting the rate of taxes on the secured tax roll for FY 2008-09

Supporting Document Board Memo

Supporting Document Resolution

Supporting Document Attachment

23.

Accept this report containing the County’s responses to the following 2007-08 Grand Jury report: Energy Conservation in San Mateo County

Supporting Document Board Memo

24.

A)

Adoption of an ordinance amending the salary ordinance adding a Chief to lead the newly created Health System Department, previously introduced on August 12, 2008 and waiver of reading the ordinance in its entirety

B)

Adoption of an ordinance amending and deleting various San Mateo County ordinance code sections to implement the placement of all County health functions within a new Health System Department, previously introduced on August 12, 2008 and waiver of reading the ordinance in its entirety

Supporting Document Ordinance

Supporting Document Ordinance

25.

Acting as the Governing Board of the Fair Oaks Sewer Maintenance District, adopt a resolution authorizing: (4/5ths vote required)

A)

An agreement, Deed and Exchange of Easement with Costco Wholesale Corporation for the exchange of easement of equal value located in Redwood City

B)

The County Manager or his designee to accept or execute on behalf of the Fair Oaks Sewer Maintenance District, any and all notices, consent, approvals, termination, deeds, certifications of acceptance, escrow instructions and documents in connection with the agreement as needed to comply with the intent of the resolution and agreement

Supporting Document Board Memo

Supporting Document Resolution

Supporting Document Agreement

Supporting Document Quitclaim Deed

26.

Resolution authorizing an agreement with the California Department of Public Health to provide funding for the Childhood Lead Poisoning Prevention Program for FYs 2008-11, in the amount of $619,750

Supporting Document Board Memo

Supporting Document Resolution

Supporting Document Agreement

27.

Resolution authorizing an agreement with the Redevelopment Agency of the City and County of San Francisco to provide funding for short-term rent and mortgage assistance, benefits counseling, case management and attendant care service for FY 2008-09, in the amount of $694,000

Supporting Document Board Memo

Supporting Document Resolution

Supporting Document Agreement

28.

Resolution authorizing:

A)

Agreements with Alzheimer’s Association, Northern California & Northern Nevada, Avenidas, Catholic Charities CYO, Center for Independence of the Disabled, City of Belmont, 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 Caregiver Alliance, Family Service Agency, Legal Aid Society, Mills-Peninsula Senior Focus, Ombudsman of San Mateo Inc., Peninsula Volunteers, Second Harvest Food Bank, Self-Help for the Elderly, Senior Coastsiders and Sequoia Hospital for the provision of supportive, nutrition and community-based services for FY 2008-09, in the amount of $3,060,354

B)

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

Supporting Document Board Memo

Supporting Document Coastside Adult Ctr

Supporting Document Resolution

Supporting Document Edgewood Ctr

Supporting Document Alzheimer’s Assoc.

Supporting Document Family Alliance

Supporting Document Avenidas

Supporting Document Family Svc Agency

Supporting Document Catholic Charities

Supporting Document Legal Aid Society

Supporting Document CID

Supporting Document Mills Pen Sr Focus

Supporting Document City of Belmont

Supporting Document Ombudsman

Supporting Document City of Daly City

Supporting Document Pen Volunteers

Supporting Document City of East PA

Supporting Document Second Harvest

Supporting Document City of Menlo Park

Supporting Document Self Help Elderly

Supporting Document City of Pacifica

Supporting Document Senior Coastsiders

Supporting Document City of San Bruno

Supporting Document Sequoia Hospital

Supporting Document City of San Mateo

Supporting Document City of SSF

29.

Resolution authorizing an amendment to the agreement with Catholic Charities CYO for the continuation of the Meals on Wheels and Supplemental Meals on Wheels Programs, extending the term through September 30, 2008, increasing the amount by $111,232 to $698,593, no Net County Cost

Supporting Document Board Memo

Supporting Document Resolution

Supporting Document Agreement

30.

Resolution authorizing an amendment to the Joint Powers Agreement for the Housing Endowment and Regional Trust (HEART) of San Mateo County:

A)

Changing the official name of the Joint Powers Agreement from the “Housing Endowment And Trust” (HEAT) to “Housing Endowment And Regional Trust” (HEART)

B)

Incorporating certain technical language necessary to facilitate application for 501 (c) (3) tax-exempt status with the Internal Revenue Service

C)

Clarifying that HEART’s role is to facilitate housing programs and production, and not to regulate or govern housing activities

D)

Clarifying that HEART will take on debt only if it is secured by a dedicated funding source or other security, such as real property

Supporting Document Board Memo

Supporting Document Resolution

Supporting Document Agreement

31.

Report recommending denial of the following claims:

Claims (Non-Culpable)

Adrian Aguirre

Mark Haley

Jill Bertoldo

Dorothy Page

CSAA/ Ricardo Sanchezdetagleaduna

Alan Paolucci

Romel Dennis-Horace

State Farm Insurance/Rosalina Edradan

Galilee Goodwin

Supporting Document Board Memo

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

Supporting Document Board Memo

Supporting Document Ordinance

Supporting Document Report

33.

Resolution authorizing amendments to the agreement with the Department of Rehabilitation for training and employment services for mental health consumers, increasing the amount by $84,850 to $2,630,350, no Net County Cost

Supporting Document Board Memo

Supporting Document Resolution

Supporting Document Agreement

34.

Resolution authorizing:

A)

An amendment to the agreement with the City of Redwood City adding the Early Entry Shelter Program, increasing the amount by $157,738 to $227,028, $142,738 is Net County Cost

B)

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

Supporting Document Board Memo

Supporting Document Resolution

Supporting Document Agreement

35.

Resolution:

A)

Approving the Children’s Collaborative Action Team’s Request for Proposal recommendations for distribution of funds for Child Abuse Prevention and Intervention Services, in the amount of $534,000

B)

Accepting the Human Services Agency’s submission of a Notice of Intent form to the California Department of Social Services to administer the Child Abuse Prevention, Intervention and Treatment (CAPIT), Community Based Child Abuse Prevention (CBCAP) and Promoting Safe and Stable Families (PSSF) as an extension of the County’s existing plan until the next County Self Assessment/System Improvement Plan cycle

C)

Executing the Notice of Intent regarding CAPIT/CBCAP/PSSF plan to receive funding

Supporting Document Board Memo

Supporting Document Resolution

36.

Resolution:

A)

Waiving the Request for Proposal process and authorizing an agreement with Johnson Controls, Inc. for maintenance of the Cardkey Security System for the term of September 9, 2008 through September 8, 2009, in an amount not to exceed $136,268

B)

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

Supporting Document Board Memo

Supporting Document Resolution

Supporting Document Agreement

Supporting Document Attachment

37.

Introduction of an ordinance amending the salary ordinance converting two full-time Librarians to four part-time positions and waiver of reading the ordinance in its entirety

Supporting Document Board Memo

Supporting Document Ordinance

38.

Resolution:

A)

Accepting a California State Parks and Recreation Habitat Conservation Fund Program grant for the Seal Cove Trail Improvement Project at the Fitzgerald Marine Reserve, in the amount of $157,200

B)

Making certain assurances required by the Grantor

C)

Authorizing the Director of the Department of Parks or his designee to execute in the name of the County of San Mateo all necessary applications, contracts, agreements, amendments and payment requests for the purposes of implementing the purposes specified in the grant application

Supporting Document Board Memo

Supporting Document Resolution

39.

Resolution authorizing:

A)

Termination and release of the subdivision agreement with Northpoint Housing Inc. dated February 27, 2007, per Resolution No. 068580, contingent on the execution of a new agreement with Trestle Glen Associates

B)

A new subdivision improvement agreement with Trestle Glen Associates

Supporting Document Board Memo

Supporting Document Resolution

Supporting Document Agreement

Supporting Document Agreement

Supporting Document Attachment

Supporting Document Attachment

40.

Resolution authorizing:

A)

A cost-sharing agreement with Trestle Glen Associates for the reimbursement of approximately 12% of the costs for the F-Street Sidewalk and Streetscape Improvement Project, Town of Colma, with the understanding that the remainder of the cost shall be financed with Metropolitan Transportation Commission 3^rd Cycle Congestion Mitigation and Air Quality Improvement Program grant funds

B)

The Director of the Department of Public Works or his designee to execute agreements, permits and administrative documents related to this project including an encroachment permit and maintenance agreement with the Town of Colma

Supporting Document Board Memo

Supporting Document Resolution

Supporting Document Agreement

Supporting Document Attachment

41.

Resolution creating various parking restrictions in the North Fair Oaks area

Supporting Document Board Memo

Supporting Document Resolution

Supporting Document Attachment

Supporting Document Attachment

42.

Approve the draft San Mateo County Energy Strategy in its current form for distribution to the cities in San Mateo County for their review and comment

Supporting Document Board Memo

Supporting Document Resolution

Supporting Document Attachment

43.

Resolution awarding a contract to Sposeto Engineering, Inc. for the Santa Cruz Avenue Pedestrian Improvement Project, in the amount of $260,700

Supporting Document Board Memo

Supporting Document Resolution

Supporting Document Attachment

44.

Resolution awarding a contract to Republic Intelligent Transportation Services, Inc. dba Republic I.T.S. for the Middlefield Road and Barney Avenue Lighted Crosswalk Project, in the amount of $159,250

Supporting Document Board Memo

Supporting Document Resolution

Supporting Document Attachment

45.

Resolution awarding a contract to Top Grade Construction, Inc. for the San Mateo Health Center Parking Lot Improvement Project, in an amount not to exceed $285,750

Supporting Document Board Memo

Supporting Document Resolution

Supporting Document Attachment

46.

Resolution awarding the contract to G. Bortolotto & Company for the resurfacing of the Bay Road Project, North Fair Oaks area, in the amount of $471,329.83

Supporting Document Board Memo

Supporting Document Resolution

Supporting Document Attachment

47.

Make a finding to continue the local emergency declaration for constructing slope stabilization within the landslide, La Honda area (4/5ths vote required)

Supporting Document Board Memo

48.

Resolution:

A)

Waiving the Request for Proposal process and authorizing an agreement with HFS Consulting to install a decision support system at the San Mateo Medical Center for the term of July 1, 2008 through December 31, 2008, in an amount not to exceed $150,000

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

Supporting Document Board Memo

Supporting Document Resolution

Supporting Document Agreement

49.

Resolution authorizing:

A)

An agreement with Larry K. Fan, M.D. to provide specialty plastic surgery services for the term of September 1, 2008 through August 31, 2009, in an amount not to exceed $124,500

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

Supporting Document Board Memo

Supporting Document Resolution

Supporting Document Agreement

50.

Resolution authorizing:

A)

An agreement with Donnis S. Hobson, M.D. to provide specialty plastic surgery services for FY 2008-09, in an amount not to exceed $124,500

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

Supporting Document Board Memo

Supporting Document Resolution

Supporting Document Agreement

51.

Resolution authorizing:

A)

An amendment to the agreement with LabVantage for the provision of oversight and supervision for the Point of Care Testing program, extending the term through December 31, 2008, increasing the amount by $64,749.92 to $129,499.92

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

Supporting Document Board Memo

Supporting Document Resolution

Supporting Document Agreement

52.

Resolution authorizing:

A)

An agreement with PPD Development, LP to conduct a clinical research study to evaluate the efficacy and safety of Clevudine compared to Adefovi in treating patients with HBeAG Positive Chronic Hepatitis due to Hepatitis B Virus in accordance with Sponsor’s protocol no. CI-PSI-5268-06-305 for a term of 96 weeks from the date of execution, in an amount not to exceed $106,468.75

B)

An agreement with PPD Development, LP to conduct a clinical research study to evaluate the efficacy and safety of Clevudine compared to Adefovi in treating patients with HBeAG Negative Chronic Hepatitis due to Hepatitis B Virus in accordance with Sponsor’s protocol no. CI-PSI-5268-06-306 for a term of 96 weeks from the date of execution, in an amount not to exceed $106,468.75

C)

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

Supporting Document Board Memo

Supporting Document Resolution

Supporting Document Agreement

Supporting Document Agreement

53.

Resolution authorizing:

A)

An agreement with the San Mateo Health Commission for primary care physician medical services through the Health Plan of San Mateo for the term of January 1, 2008 through December 31, 2008, in an amount not to exceed $3,555,461

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

Supporting Document Board Memo

Supporting Document Resolution

Supporting Document Agreement

54.

Resolution authorizing an amendment to the agreement with Per Diem Staffing Systems, Inc., to provide the San Mateo Medical Center with temporary respiratory therapy staffing, increasing the amount by $7,500 to $347,500

Supporting Document Board Memo

Supporting Document Resolution

Supporting Document Agreement

55.

Resolution authorizing an agreement with Associated Medical Specialists to provide internal medicine, cardiology and hospitalist services for the term of October 1, 2005 through September 30, 2008, increasing the amount by $894,571.58 to $11,975,096.17

Supporting Document Board Memo

Supporting Document Resolution

Supporting Document Agreement

56.

Introduction of an ordinance adding and deleting various positions at the San Mateo Medical Center and waiver of reading the ordinance in its entirety

Supporting Document Board Memo

Supporting Document Ordinance

57.

Resolution:

A)

Waiving the Request for Proposal process and authorizing an agreement with the Service League of San Mateo County for inmate services within the County’s detention facilities for FY 2008-09, in an amount not to exceed $600,405

B)

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

Supporting Document Board Memo

Supporting Document Resolution

Supporting Document Agreement

Telecasts of the San Mateo County Board of Supervisors meetings can be seen throughout most of San Mateo County, Thursdays at 7:30PM, replayed on Fridays at 8:00AM and Saturdays at 10:00AM on Peninsula TV Channel 26. Palo Alto Cable viewers can see the meetings Thursday nights at 7:00PM on Channel 29. For more information on air dates for other communities, please contact Peninsula TV at (650) 637-1936. The agenda can be accessed on the World Wide Web at: http://www.co.sanmateo.ca.us/smc/department/bos/home/0,2151,1864_26218,00.html. The San Mateo County Ordinance Code can be accessed on the World Wide Web at: http://municipalcodes.lexisnexis.com/codes/sanmateo/index.htm