PLEASE NOTE THERE WILL BE NO MEETING OF THE
BOARD OF SUPERVISORS ON OCTOBER 14, 2008

Tuesday, September 30, 2008

 

The meeting was called to order at 9:07 a.m.

 

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

   
 

In re Lehman Brothers Holdings, Inc.

 

United States Bankruptcy Court, Southern District of New York, Case No. 08-13555 (JMP)

   
 

M. Burke Enterprises Inc. v. County of San Mateo, et al.

 

San Mateo County Superior Court Case No. 465298

 

Sprint Spectrum L.P. v. County of San Mateo

 

United States District Court Case No. C08-00342 CW

   

B)

Conference with Legal Counsel – Anticipated Litigation

   
 

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

   
 

One case

   
 

Michael Murphy, County Counsel reported that Peabody will be hired to work on Lehman Brothers Holdings, Inc.

 

2.

9:00 a.m.

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agenda are approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda.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

   

3.

ORAL COMMUNICATIONS

   
 

Speakers recognized by the President:

 

Paul Perkovic, P.O. Box 371149, Montara 94037

MATTERS SET FOR SPECIFIED TIME

4.

9:00 a.m.

A)

Report on Emergency Ambulance Service

       
   

B)

Resolution (069702) authorizing the Director of the Health Department to enter into contract negotiations with American Medical Response West for the provision of emergency ambulance services (Health Department)

       
     

Speakers recognized by the President:

     

Scott Miller, 1329 Cristina Avenue, San Jose 95125

     

Tom Wagner, 303 Peppertree, Walnut Creek 94598

     

Boo Heffner, 6405 218th Street S.W., Mountlake Terrace 98043

     

Suzanne Cissna, 1510 Rollins Road, 94010

     

MaryKay Mitchell, 1771 Kansas Street, Redwood City 94061

     

Dr. Christopher Dunn, 2900 Whipple Avenue Suite 115, Redwood City 94062

     

David Redding, 2663 Torrey Pines Drive, Brentwood 94513

     

Marvin Rogers, 889 Sunnyview Drive, Pinole 94564

     

Cynthia Alfsen, 1104 Davis Street, Redwood City 94061

     

Kathy Wache, 3821 Martin Drive, San Mateo 94403

     

William Turner, 601 Skyway Road, San Carlos 94070

     

Jennifer Wilson, 1702 2nd Avenue, San Mateo 94401

     

Dan Steinbaugh, 1000 Continentals Way #226, Belmont 94002

     

William MuClurg, 1583 Roberta Drive, San Mateo 94403

     

Daniel Nathan Goepel, 1110 Lawton Street, San Francisco 94122

     

Beth Koeneke, 995 Market Street, Suite 200, San Francisco 94103

     

Leslie Smith, 3886 Maybelle Avenue, Oakland 94619

     

Dary Sardad, 3159 Garrity Way, Richmond 94806

     

Cheryl Sinclair, Seton Coastside, Moss Beach 94038

     

Isabel Arrieta, 93 Pacific Avenue, San Bruno 94066

     

Brian Dickson, 451 Laurel Avenue, Millbrae 94030

     

Dean Violet, 2000 Sierra Parkway, Brisbane 94004

     

Ed Hawkins, 1730 S. Amphlett Blvd. Ste. 222, San Mateo 94403

     

Tom Neylan, 1040 Stone Gate Court, Morgan Hill 95037

     

Bart Spencer, 300 Middlefield Road, Menlo Park 94025

     

Randy Kelly, 619 Spindrift Way, Half Moon Bay, 94019

     

David Taylor, 37371 Cherry Street, Newark 94560

     

Lee Magalong, 333 90th Street, Daly City 94014

     

Chris Parker, 333 90th Street, Daly City 94015

     

Davood Rashioi, 734 Winchester Drive, Burlingame 94010

     

Steve Ledoux, 500 Montgomery #800, San Francisco 94111

     

Nayo Aisha Tanner, 3604 Flora Vista Avenue #213, Santa Clara 95051

     

Yvonne Ryzak, 630 Greenwich Lane, Foster City 94404

     

Tony Slimick, 1730 S. Amphlett, Boulevard, San Mateo 94402

     

Supervisor Rich Gordon, Board of Supervisors

     

Supervisor Rose Jacobs Gibson, Board of Supervisors

     

Michael Murphy, County Counsel

     

Tom Huening, San Mateo County Controller’s Office

     

Supervisor Jerry Hill, Board of Supervisors

     

Supervisor Mark Church, Board of Supervisors

     

Charlene Silva, Director of Health Department

       
     

Motion: Gordon / Second: Church

       

5.

9:00 a.m.

Approve the actions related to final budget changes to the FY 2008-09 Recommended Budget: (County Manager)

     
   

A)

Resolution (069703) approving the County of San Mateo budget as to the expenditures for FY 2008-09 and making appropriations therefore

       
   

B)

Resolution (069704) approving the County of San Mateo budget as to the means of financing for FY 2008-09

       
   

C)

Resolution (069705) establishing appropriation limit for the County of San Mateo for FY 2008-09

       
   

D)

Introduction of an ordinance amending the Master Salary Ordinance for changes related to the FY 2008-09 budget and waiver of reading the ordinance in its entirety

       
     

This item was continued to the meeting of October 7, 2008 for adoption.

       
   

E)

Accept reports related to budget items discussed during June Budget Hearings

       
     

Speakers recognized by the President:

     

John L. Maltbie, County Manager

     

Kitty Lopez, Executive Director of Samaritan House-Safe Harbor Shelter

     

Beverly Beasley Johnson, Director, Human Services Agency

     

Supervisor Rich Gordon, Board of Supervisors

     

Jim Saco, Budget Director

     

Supervisor Jerry Hill, Board of Supervisors

     

Supervisor Rose Jacobs Gibson, Board of Supervisors

     

Supervisor Adrienne Tissier, Board of Supervisors

       
     

Motion: Gordon / Second: Jacobs Gibson

CONSENT AGENDA

ASSESSOR-COUNTY CLERK-RECORDER

6.

Resolution (069706) authorizing the Chief Elections Officer to render specified election services for the County of San Mateo, Bayshore Elementary School District, Belmont-Redwood Shores Elementary School District, Cabrillo Unified School District, Millbrae Elementary School District, Pacifica School District, Ravenswood City School District, San Carlos School District, San Mateo County Board of Education, South San Francisco Unified School District, Sequoia Healthcare District, Midpeninsula Regional Open Space District, Town of Atherton, City of Brisbane, Town of Colma, City of Daly City, City of East Palo Alto, City of Menlo Park, City of Pacifica and City of Redwood City in conjunction with the Presidential General Election to be held on Tuesday, November 4, 2008

BOARD OF SUPERVISORS

7.

Recommendation for the reappointment of Jack Olsen to the San Mateo County Exposition and Fair Association Board, term expiring September 30, 2011 (Supervisor Adrienne Tissier)

   

8.

Proclamation (2844) designating October 14, 2008 as Joseph Karp Day (Supervisor Jerry Hill)

   

9.

Ratification of a resolution (2845) honoring Sheryl Young upon her 20th anniversary with Community Gatepath (Supervisor Adrienne Tissier)

CORONER

10.

Adoption of an ordinance (04443) amending Section 2.45.020 of Chapter 2.45 of Title 2 of the San Mateo County Ordinance Code setting Coroner fees, previously introduced on September 16, 2008 and waiver of reading the ordinance in its entirety

COUNTY MANAGER

11.

Resolution (069707) authorizing:

   
 

A)

An amendment to the permit agreement with GTE Mobilnet of California Limited Partnership dba Verizon Wireless for a wireless communication facility at the Tower Road Communication Facility and relocation of two existing antennas

 

B)

The County Manager or his designee to execute notices, options and documents associated with the amendment and agreement including, but not limited to, extension or termination of the agreement under the terms set forth

     

12.

Resolution (069708) authorizing:

     
 

A)

An amendment to the agreement with Milliman, Inc., to cover costs associated with a full actuarial valuation as of January 1, 2009, financial statement disclosures and actuarial analyses in preparation for upcoming labor negotiations, extending the term through September 30, 2010, increasing the amount by $150,000 to $300,000

     
 

B)

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

GOVERNING BOARD

13.

Acting as the Board of Commissioners of the Housing Authority of the County of San Mateo, adopt Resolution (069709) No. 2008-09 authorizing:

   
 

A)

An agreement with American Asphalt Repair & Resurfacing Company, Inc. for the repair and repaving of three parking areas and one drive lane located at Midway Village, Daly City area for the term of October 1, 2008 to October 31, 2008, in an amount not to exceed $169,444, 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

HEALTH

14.

Resolution (069710) authorizing an amendment to the agreement with Telecare Corporation for the provision of residential rehabilitation and long-term care services, increasing the amount by $320,000 to $7,804,687, no Net County Cost

HUMAN RESOURCES

15.

Report recommending denial of the following claims:

   
 

Claims (Non-Culpable)

   
 

Sueton Crayton

Veronica E. Machado

 

Robert C. Forrest

Erin Schultz

 

Richard P. Glassman

Jose Velazquez Silva

 

Janet Hatfield and Leslie Durando Thomas

Renay Udoisa

 

Elizabeth Karnazes

Nancy Wilson

PLANNING AND BUILDING

16.

A)

Resolution (069711) authorizing:

   
   

1)

An amendment to the agreement with Environmental Science Associates to prepare Draft and Final Environmental Impact Reports for the Pilarcitos Quarry Expansion project, extending the term through June 30, 2009, increasing the amount by $39,829 to $358,094, no Net County Cost

   

2)

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

     
 

B)

Resolution (069712) authorizing a transfer in the amount of $39,829 from Unanticipated Revenue to Contractual Services to cover costs associated with the project (4/5ths vote required)

     
     
     
     
     
     
     

17.

A)

Resolution authorizing:

   
   

1)

An amendment to the agreement with Impact Sciences to prepare Draft and Final Environmental Impact Reports for the Ticonderoga/Highland Estates Subdivision, extending the term through December 31, 2009, increasing the amount by $57,580 to $171,885, no Net County Cost

       
   

2)

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

     
 

B)

Resolution authorizing a transfer in the amount of $57,580 from Unanticipated Revenue to Contractual Services to cover costs associated with the project (4/5ths vote required)

     
   

This item was continued to the meeting of October 7, 2008.

     

18.

Resolution (069713) authorizing the Director of Community Development or her designee to negotiate and enter into inclusionary housing agreements with developers of multi-family housing

PUBLIC WORKS

19.

Resolution (069714) authorizing the establishment of two trust funds for the management of finances related to the La Honda Landslide Assessment District

   

20.

Resolution (069715) authorizing the Director of the Department of Public Works to execute contract revision orders with Star Construction, Inc. related to the construction of a New Meadowview Playground located at the Junipero Serra County Park , increasing the amount by 10 percent to 20 percent, not to exceed $100,000 in aggregate

   

21.

A)

Resolution (069716) establishing a no parking zone along Loyola Avenue, east of El Camino Real, North Fair Oaks area

     
 

B)

Resolution (069717) directing the Director of the Department of Public Works to request a no parking zone along El Camino Real, State Highway 82, south of Loyola Avenue, North Fair Oaks area

   

22.

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

23.

Resolution (069718) authorizing:

   
 

A)

An agreement with Ear, Nose and Throat Group of San Mateo for the provision of otorhinolaryngology medical services for the term of October 1, 2008 through September 30, 2010, in an amount not to exceed $612,000

     
 

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

     

24.

Resolution (069719) authorizing:

   
 

A)

An agreement with Total Renal Care, Inc. for the provision of acute dialysis services for patients at the San Mateo Medical Center for the term of September 1, 2008 through August 31, 2011, in an amount not to exceed $1,500,000

     
 

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

   

25.

Resolution (069720) authorizing the acceptance of a grant from Silicon Valley Community Foundation for the provision of an upgrade to the database software for patient tracking for the term of April 1, 2008 through March 31, 2009, in the amount of $2,000 (4/5ths vote required)

SHERIFF

26.

Resolution (069721) authorizing:

   
 

A)

An agreement with the City of Hayward to provide forensic laboratory services by the San Mateo County Sheriff’s Office for FYs 2008-11, in an amount not to exceed $120,000

     
 

B)

The Sheriff or his designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

     

27.

Resolution (069722) authorizing an amendment to the agreement with Hormann America, Inc. for the installation of four sirens, extending the term through October 31, 2009, increasing the amount by $49,600 to $419,896.88

   
 

The meeting adjourned at 11:52 a.m. in memory of Frank Edwin Lawson to reconvene on Tuesday October 7, 2008 at 8:15 a.m. in Closed Session – Litigation and Personnel Matters, and thereafter for the regularly scheduled Board meeting