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

Tuesday, September 9, 2008

 

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

 

PLEDGE OF ALLEGIANCE

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

 

Absent: None

 

2.

9:00 a.m.

REGULAR AGENDA (SEE PAGE 3)
CONSENT AGENDA
(SEE PAGE 4)

     
 

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agenda are approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda.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

 

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

 

Bernie Sifry, 311 Seaside Drive, Pacifica 94044

 

Theresa Dwyer, 1408 Crespi Drive, Pacifica 94044

 

Michael Stogner, 1655 San Carlos Avenue, San Carlos 94070

MATTERS SET FOR SPECIFIED 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 - Motion: Church / Second: Gordon

       
   

C)

Adopt resolution (069644) – Motion: Gordon / Second: Church

       
   

Speakers recognized by the President:

   

Steve Alms, Real Properties Manager, County Mangers Office

   

David Byers, 1920 Leslie Street, San Mateo 94403

   

Supervisor Mark Church, Board of Supervisors

     
   

Supervisor Church, noted that the fourth paragraph of the resolution is incorrect and should be revised to read La Honda.

     

5.

9:15 a.m.

Public 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 – Motion: Church / Second: Hill

       
   

C)

Approve or deny reconsideration Motion: Gordon / Second: Church

       
   

Speakers recognized by the President:

   

Mike McCracken, 1920 Leslie Street, San Mateo 94403

   

Edmundo Larenas, 301 Nevada, Moss Beach 94038

   

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

   

Mary Larenas, 301 Nevada, Moss Beach 94038

   

Tom Bruce, 351 Nevada Street, Moss Beach 94038

   

Dell Williams, 101 Niagra Avenue, Moss Beach 94038

   

Peg Smith, 364 The Strand, Moss Beach 94038

   

Lennie Roberts, 339 La Cuesta, Portola Valley 94028

   

Ronnie Goldfield, 101 Beach, Moss Beach 94038

   

Patrick Melley, 346 Nevada Avenue, Moss Beach 94038

   

Supervisor Jerry Hill, Board of Supervisors

   

Supervisor Mark Church, Board of Supervisors

   

Supervisor Rose Jacobs Gibson, Board of Supervisors

     

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 – Motion: Church / Second: Jacobs Gibson

   

C)

Approve or deny appeal – Motion: Gordon / Second: Church

       
 

Ayes: Supervisors Church, Jacobs Gibson, Gordon, Tissier

 

Noes: Hill

   
   

Speakers recognized by the President:

   

Lisa Grote, Director, Planning and Building

   

Rod Lacasia, 2022 Madison Avenue, Redwood City 94061

   

Barry McAdoo, 192 Escalona Avenue, El Granada 94018

   

Mark Aschauer, 770 San Carlos Avenue, El Granada 94018

   

Lennie Roberts, 339 La Cuesta, Portola Valley 94028

   

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

   

Supervisor Jerry Hill, Board of Supervisors

   

Supervisor Mark Church, Board of Supervisors

   

Supervisor Rose Jacobs Gibson, Board of Supervisors

   

Michael Murphy, County Counsel

     
   

Board of Supervisors granted the appeal and reversed the decision of the Planning Commission to deny the permit with a minor correction to condition number three. In addition, Supervisor Gordon requested that staff provide a report back list on the bluff top lots that face Fitzgerald Marine Reserve for future use.

     

7.

9:45 a.m.

Resolution (069649) extending the Sheriff’s Office Jail Access Fee of $215, pursuant to AB 1805, Government Code 29551 - 29552 (Sheriff)

     
   

Motion: Church / Second: Jacobs Gibson

     
   

Speakers recognized by the President:

   

Sheriff Greg Munks, San Mateo County Sheriff’s Office

     

8.

10:00 a.m.

Presentation of a resolutions (2839 - 2840) recognizing two San Mateo County youth for their leadership in the state’s anti-tobacco programs (Supervisor Adrienne Tissier)

     
   

Speakers recognized by the President:

   

Zara Lozano

   

Amanda Cue

   

Kali Cheung, Youth Leadership Institute

   

Leonalee Pinto, Asian American Recovery Services

   

David Mineta, Asian American Recovery Services

REGULAR AGENDA

ASSESSOR-COUNTY CLERK-RECORDER

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

   
 

This item was transferred to the Consent Agenda and continued to the meeting of September 16, 2008 for adoption.

PUBLIC WORKS

10.

Resolution (069650) approving the Fuel Efficient County Vehicle Purchasing Policy

   
 

This item was transferred to the Consent Agenda.

COUNTY MANAGER

11.

County Manager’s report:

   
 

State Budget update:

   
 

John L. Maltbie, County Manager gave an update on the State of California’s cash flow problems including 4.5 billion non-payment to various vendors as well as non-payments to the County of San Mateo and the impact to various programs and services the County provides.

   
 

Speakers recognized by the President

 

Nirmala Dillman, 101 Twin Dolphin Drive, Redwood City 94065

 

Dr. Harvey Kaplan

 

Supervisor Jerry Hill, Board of Supervisors

 

Supervisor Rich Gordon, Board of Supervisors

BOARD OF SUPERVISORS

12.

Board members’ committee reports:

   
 

President Tissier, reported that she attended a four day conference at the National Institute of Corrections Facility in Colorado regarding jail planning.

CONSENT AGENDA

ASSESSOR-COUNTY CLERK-RECORDER

13.

Resolution (069651) 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

BOARD OF SUPERVISORS

14.

Resolution (069652) supporting proposed Marine Protected Areas under the state Marine Life Protection Act (Supervisor Rich Gordon)

   

15.

Resolution (069653) 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)

   

16.

Resolution (069654) 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)

   

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)

   

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)

   

20.

Adoption of an ordinance (04436) 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)

   

21.

Ratification of a resolution (2841) honoring the San Mateo County Harbor District upon its 75th anniversary (Supervisor Mark Church)

CONTROLLER

22.

Resolution (069655) adopting the rate of taxes on the secured tax roll for FY 2008-09

COUNTY MANAGER

23.

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

   

24.

A)

Adoption of an ordinance (04437) 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 (04438) 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

GOVERNING BOARD

25.

Acting as the Governing Board (069656) 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

HEALTH

26.

Resolution (069657) 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

   

27.

Resolution (069658) 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

   

28.

Resolution (069659) 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

     

29.

Resolution (069660) 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

HOUSING

30.

Resolution (069661) 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

     
     

HUMAN RESOURCES

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

 
   

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 September 16, 2008 for adoption.

HUMAN SERVICES

33.

Resolution (069662) 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

   

34.

Resolution (069663) 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

     

35.

Resolution (069664):

   
 

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

     
     

INFORMATION SERVICES

36.

Resolution (069665):

   
 

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

LIBRARY

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

   
 

This item was continued to the meeting of September 16, 2008 for adoption.

PARKS

38.

Resolution (069666):

   
 

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

PUBLIC WORKS

39.

Resolution (069667) 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

   

40.

Resolution (069668) 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 3rd 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

41.

Resolution (069669) creating various parking restrictions in the North Fair Oaks area

   

42.

Approve resolution (069670) 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

   

43.

Resolution (069671) awarding a contract to Sposeto Engineering, Inc. for the Santa Cruz Avenue Pedestrian Improvement Project, in the amount of $260,700

   

44.

Resolution (069672) 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

   

45.

Resolution (069673) 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

   

46.

Resolution (069674) awarding the contract to G. Bortolotto & Company for the resurfacing of the Bay Road Project, North Fair Oaks area, in the amount of $518,500.00

   

47.

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

SAN MATEO MEDICAL CENTER

48.

Resolution (069675):

   
 

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

     

49.

Resolution (069676) 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

   

50.

Resolution (069677) 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

     

51.

Resolution (069678) 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

     

52.

Resolution (069679) 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

     

53.

Resolution (069680) 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

     

54.

Resolution (069681) 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

   

55.

Resolution (069682) authorizing an amendment to the 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

   

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

   
 

This item was continued to the meeting of September 30, 2008 for adoption.

SHERIFF

57.

Resolution (069683):

   
 

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

     
 

The meeting adjourned at 10:56 a.m. in memory of Rita Chan and Jim Caccia to reconvene on Tuesday September 16, 2008 at 8:15 a.m. in Closed Session – Litigation and Personnel Matters, and thereafter for the regularly scheduled Board meeting.