PLEASE NOTE THERE WILL BE NO MEETING OF THE |
The meeting was called to order at 9:00 a.m. | |||
Tuesday, March 31, 2009 | |||
PLEDGE OF ALLEGIANCE ROLL CALL: Present: Supervisors Church, Groom, Gordon, Jacobs Gibson and Tissier Absent: None. | |||
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. 456781 | |||
In re Lehman Brothers Holdings, Inc. | |||
United States Bankruptcy Court, Southern District of New York, | |||
Case No. 08-13555 (JMP) | |||
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 | ||
Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9 | |||
Two matters | |||
Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9 | |||
One matter | |||
No reportable action. | |||
2. |
9:00 a.m. |
REGULAR AGENDA (SEE PAGE 6) | |
Motion: Tissier / Second: Jacobs Gibson | |||
3. |
9:00 a.m. |
Presentation of the Employee of the Month Award for March 2009 to Danielle Lee, Resource Conservation Specialist, Department of Public Works (County Manager) | |
Speakers recognized by the President: | |||
David S. Boesch, County Manager | |||
Jim Porter, Public Works Department | |||
Joe LaMariana, Waste Management | |||
Kim Springer, Public Works Department | |||
Danielle Lee, Public Works Department, Recipient | |||
4. |
ORAL COMMUNICATIONS | ||
No member of the public wished to speak. | |||
5. |
9:00 a.m. |
Investment Policy Update: (County Manager and the Treasurer) | |
A) |
Presentation from Public Finance Management (PFM) on Risk Analysis of the Treasurer's Investment Pool | ||
B) |
Accept the PFM report and response from the County Treasurer | ||
Speakers recognized by the President: | |||
Reyna Farrales, Deputy County Manager | |||
Nancy Jones, Public Finance Management (PFM) | |||
Supervisor Rich Gordon, Board of Supervisors | |||
David S. Boesch, County Manager | |||
Lee Buffington, Tax Collector/Treasurer | |||
Supervisor Adrienne Tissier, Board of Supervisors | |||
Motion: Jacobs Gibson / Second: Tissier | |||
6. |
9:15 a.m. |
A) |
Presentation by Breathe California on the dangers posed to youth by pervasive images of tobacco products and tobacco use in feature films |
Motion: Tissier / Second: Jacobs Gibson | |||
B) |
Resolution (069992)calling for regulations and restrictions on the inclusion of tobacco products and tobacco use in feature films (Supervisor Adrienne Tissier) | ||
Speakers recognized by the President: | |||
Supervisor Adrienne Tissier, Board of Supervisors | |||
Benjamin Gleason, Breathe California | |||
Cynthia Medrano, Westmoor High School | |||
Jeffrey Murrillo, Westmoor High School | |||
Montaha Ereikat, Westmoor High School | |||
Stephanie Barragan, Jefferson High School | |||
Brenda Barajas, Jefferson High School | |||
Evelyn Angeldones, Jefferson High School | |||
Ivan Ramirez, Jefferson High School | |||
Supervisor Rose Jacobs Gibson, Board of Supervisors | |||
Supervisor Rich Gordon, Board of Supervisors | |||
Motion: Tissier / Second: Gordon | |||
7. |
9:30 a.m. |
Acting as the Board of Commissioners of the Housing Authority, adopt Resolution No. 2009-02 (069993): (Governing Board) | |
A) |
Approving the 2009-10 Moving to Work Annual Plan and revised Administrative Plan language necessary to implement the Annual Plan | ||
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: | |||
Bill Lowell, Department of Housing | |||
Supervisor Carole Groom, Board of Supervisors | |||
Motion: Jacobs Gibson / Second: Gordon | |||
8. |
9:45 a.m. |
Public hearing to consider a Coastside Design Review Permit pursuant to Sections 6565.4 and 6328.5 of the County Zoning Regulations as they existed in 1999 to construct a new 2,982 square foot single-family residence and 400 square foot detached garage on a 5,000 square foot parcel located on Second Street, Montara area (Applicant/Appellant: Thomas Mahon). This project is not appealable to the California Coastal Commission. (Planning and Building Department) | |
A) |
Report and recommendation | ||
B) |
Close public hearing | ||
Motion: Jacobs Gibson / Second: Tissier | |||
C) |
Approve or deny appeal | ||
Speakers recognized by the President: | |||
Recused: Supervisor Rich Gordon, Board of Supervisors | |||
Michael Murphy, County Counsel | |||
Lisa Grote, Planning and Building | |||
Thomas Mahon, Applicant | |||
Ronald Zumbrun, Attorney for the Applicant | |||
David Beaumont, Planning Consultant, Half Moon Bay | |||
Supervisor Mark Church, Board of Supervisors | |||
Mike Mahon, Montara | |||
Laura Camodeca, Montara | |||
Dan Moss, Montara | |||
Tom Judge, Montara | |||
Hilary Srere, Montara | |||
Ann Mahon, Madera | |||
Arthur Hofmayer, Montara | |||
Ken Muller, Montara | |||
Jean Mahon, Montara | |||
Maureen Hawkins, Moss Beach | |||
Geraldine Silva, San Bruno | |||
Kathryn Slater-Carter, Montara | |||
Tom Mahon, Jr., Montara | |||
Lennie Roberts, Committee for Green Foothills | |||
John Bermingham, San Francisco | |||
Julio Chavez, San Francisco | |||
April Vargas, Montara | |||
Isidore Mahon, Montara | |||
David S. Boesch, County Manager | |||
Larry Ross, Montara | |||
Michael Koomas, Montara | |||
Trish McGrath, Montara | |||
Supervisor Adrienne Tissier, Board of Supervisors | |||
Supervisor Rose Jacobs Gibson, Board of Supervisors | |||
Supervisor Carole Groom, Board of Supervisors | |||
Motion: Tissier / Second: Jacobs Gibson | |||
This item is continued to the meeting of April 28, 2009 at 9:45 a.m. | |||
9. |
10:00 a.m. |
Public hearing to consider a Coastside Design Review Permit pursuant to Sections 6565.4 and 6328.5 of the County Zoning Regulations as they existed in 1999 to construct a new 2,548 square foot single-family residence on a 5,000 square foot parcel located at 286 Second Street, Montara (Applicant/Appellant: Thomas Mahon). This project is not appealable to the California Coastal Commission. (Planning and Building Department) | |
A) |
Report and recommendation | ||
B) |
Close public hearing | ||
Motion: Tissier / Second: Jacobs Gibson | |||
C) |
Approve or deny appeal | ||
Speakers recognized by the President: | |||
Supervisor Mark Church, Board of Supervisors | |||
Michael Murphy, County Counsel | |||
Lisa Grote, Planning and Building | |||
Ronald Zumbrun, Attorney for the Applicant | |||
Thomas Mahon, Applicant | |||
David Beaumont, Planning Consultant, Half Moon Bay | |||
Dan Moss, Montara | |||
Mike Mahon, Montara | |||
Laura Camodeca, Montara | |||
Hilary Srere, Montara | |||
Ken Muller, Montara | |||
Jean Mahon, Montara | |||
Maureen Hawkins, Moss Beach | |||
Tom Mahon, Jr., Montara | |||
John Bermingham, San Francisco | |||
Julio Chavez, San Francisco | |||
Isidore Mahon, Montara | |||
Larry Ross, Montara | |||
Michael Koomas, Montara | |||
Arthur Hofmayer, Montara | |||
Tom Judge, Montara | |||
April Vargas, Montara | |||
Lennie Roberts, Committee for Green Foothills | |||
Kathryn Slater-Carter, Montara | |||
Ann Mahon, Madera | |||
Supervisor Adrienne Tissier, Board of Supervisors | |||
Supervisor Rose Jacobs Gibson, Board of Supervisors | |||
Motion: Tissier / Second: Jacobs Gibson | |||
This item is continued to the meeting of April 28, 2009 at 10:00 a.m. |
10. |
Resolution : (Continued from the meeting of March 3, 2009) | |
A) |
Approving the issuance and sale of bonds by the South Bayside Waste Management Authority (SBWMA), in the principal amount not to exceed $65,455,000 | |
B) |
Approving the refund by the SBWMA of its Series 2000 Bonds | |
C) |
Agreeing that the County shall not rescind this approval unless it is withdrawing from the Joint Powers Authority (JPA) agreement and pays its proportionate share of all existing debts of the Authority including the Obligations, any Refunding Obligations and the 2000 Bonds as required by the JPA agreement | |
D) |
Authorizing and directing County officers and staff to execute and deliver any and all documents necessary to effectuate the purposes of the resolution and ratifying any and all such actions previously taken by such authorized officers or staff members | |
Motion: Tissier / Second: Jacobs Gibson | ||
Speakers recognized by the President: | ||
Jim Porter, Public Works | ||
This item is continued to the meeting of April 28, 2009. |
11. |
A) |
Accept a report on the status of the Economic Urgency Initiative |
B) |
Resolution (069994)authorizing the County Manager to approve funding requests for emergency assistance to a maximum of $500,000 through December 31, 2010 | |
C) |
Resolution (069995) authorizing a transfer in the amount of $500,000 from Non-Departmental Reserves to Non-Departmental Grants and Contributions | |
Speakers recognized by the President: | ||
David S. Boesch, County Manager | ||
Supervisor Adrienne Tissier, Board of Supervisors | ||
Supervisor Rich Gordon, Board of Supervisors | ||
Motion: Jacobs Gibson / Second: Groom | ||
12. |
County Manager’s report: | |
Detailed Analysis of the 2009-10 State Budget | ||
David S. Boesch, County Manager announced that the county expects to have further reductions in funding for county provided programs the sum total of upwards of $38 million. The county will need to cash flow those programs for a period of some months for a total of $30 million additional dollars. | ||
Speakers recognized by the President: | ||
Supervisor Adrienne Tissier, Board of Supervisors |
13. |
Board members’ committee reports |
Supervisor Rose Jacobs Gibson announced that Congresswomen Anna Eshoo and Jackie Speier will conduct a congressional hearing on the impact of the Lehman Brothers loss. The hearing will be held on April 14, 2009 from 2:00 – 4:00 p.m. in Board Chambers at the Hall of Justice, 400 County Center, Redwood City |
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. |
14. |
Resolution (069996) authorizing the Chief Elections Officer to render specified election services for the: | |
A) |
City of Pacifica in conjunction with a Special Mail Ballot Election to be held on Tuesday, May 19, 2009 | |
B) |
Redwood City School District for a Special Election to be held on Tuesday, June 2, 2009 |
15. |
Recommendation for the appointments of Walter Shjeflo and Craig Collins as alternates to the Assessment Appeals Board, terms expiring September 30, 2011 (Supervisors Mark Church and Rich Gordon) | |
16. |
Recommendation for the reappointments of the following to the San Mateo County Confined Animal Technical Advisory Committee: (Supervisor Rich Gordon) | |
A) |
Rich Allen and Adda Quinn, terms expiring March 31, 2010 | |
B) |
Bob Lemos and Lennie Roberts, terms expiring March 31, 2011 | |
C) |
Dean Peterson, term expiring March 31, 2012 | |
17. |
Recommendation for the reappointments of Linda Crowe and Louis Liberty to the Law Library Board of Trustees, terms expiring December 31, 2009 (Supervisor Mark Church) | |
18. |
Ratification of a resolution (2909) honoring Perla Gange Ibarrientos upon being honored by the Pilipino Bayanihan Resource Center for 20 years of community service (Supervisor Adrienne Tissier) | |
19. |
Ratification of a resolution (2910) honoring Dennis O’Rourke upon his retirement from the County Manager’s Office (Supervisor Adrienne Tissier) | |
20. |
Ratification of a resolution (2911) honoring Lieutenant J. David Triolo upon his retirement from the Sheriff’s Office (Supervisor Adrienne Tissier) | |
21. |
Ratification of a resolution (2912) honoring Donald S. Wetteland upon his retirement from the Department of Public Works (Supervisor Adrienne Tissier) |
22. |
A) |
Resolution (069997): | |
1) |
Waiving the Request for Proposal process and authorizing an agreement with SunGard Public Sector Bi-Tech for the provision of application service provider services for integrated financial and administrative solution systems for the term of March 31, 2009 through March 31, 2012, in an amount not to exceed $382,624 | ||
2) |
Authorizing the Controller or his designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000 | ||
B) |
Resolution (069998) authorizing a transfer in the amount of $174,696 from Reserves to Other Professional Contract Services to cover the cost for the first year and associated one-time implementation costs |
23. |
Resolution (069999) authorizing the County Manager to execute notifications of non-action in connection with Pooled Tax and Revenue Anticipation Notes, including one for the San Mateo-Foster City School District for its participation in the California Education Notes Financing Program |
24. |
Acting as the Board of Commissioners of the Housing Authority, adopt Resolution No. 2009-03 (070000) authorizing the Director of the Department of Housing to execute an amendment to the agreement with the U.S. Department of Housing and Urban Development for the Housing Choice Voucher and Public Housing Program, amending the calculation of subsidies |
25. |
Acting as the Board of Commissioners of the Housing Authority, adopt Resolution No. 2009-04 (070001) authorizing the acceptance and use of American Recovery and Reinvestment Act Capital Grant Funds 2009 to carry out capital and management activities at the Housing Authority’s public housing developments, in the amount of $366,511 |
26. |
Acting as the In-Home Supportive Services Public Authority, adopt a resolution (070002) authorizing a transfer in the amount of $637,322 from Realignment and State funds to Individual Provider Pay to cover the cost of additional clients (4/5ths vote required) |
27. |
Acting as the Governing Board of the Emerald Lake Heights Sewer Maintenance District, adopt a resolution (070003) for the repair of sanitary sewer lines damaged by landslides in the vicinity of Park Road and Springdale Way, Emerald Lake Hills area, increasing the amount by $20,000 to $291,018 |
28. |
Resolution (070004): | |
A) |
Waiving the Request for Proposals process and authorizing an agreement with HFS Consultants for the provision of an Interim Chief Financial Officer for the San Mateo Medical Center for the term of January 5, 2009 through September 30, 2009, in an amount not to exceed $359,000, $359,000 is Net County Cost | |
B) |
Authorizing the Chief of the Health System or her designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000 | |
29. |
Resolution (070005): | |
A) |
Waiving the Request for Proposals process and authorizing an agreement with IV Assist, Inc. for the provision of professional specialty peripherally inserted central catheter line services for the term of May 1, 2009 through April 30, 2012, in an amount not to exceed $525,000, $525,000 is Net County Cost | |
B) |
Authorizing the Chief of the Health System or her designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000 | |
30. |
Resolution (070006): | |
A) |
Waiving the Request for Proposals process and authorizing an agreement with Toyon Associates, Inc. for the provision of third-party reimbursement services to the San Mateo Medical Center for the term of March 1, 2009 through June 30, 2012, in an amount not to exceed $708,940, $708,940 is Net County Cost | |
B) |
Authorizing the Chief of the Health System or her designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000 | |
31. |
Resolution (070007) authorizing: | |
A) |
An agreement with Unity Care Group, Inc. for the provision of mental health, individual and group therapy, medication support, crisis intervention and therapeutic behavioral services for the term of August 28, 2008 through June 30, 2010, in an amount not to exceed $280,900, $29,520 is Net County Cost for FY 2008-09 | |
B) |
The Chief of the Health System or her designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000 | |
32. |
Resolution (070008) authorizing: | |
A) |
An amendment to the agreement with Avid Translation for the provision of professional services, increasing the amount by $117,000 to $201,000, no Net County Cost | |
B) |
The Chief of the Health System or her designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000 | |
33. |
A) |
Resolution (070009) authorizing an amendment to the agreement with Health Advocates, LLC for the provision of cost recovery and legal services, increasing the amount by $1,000,000 to $3,280,000 |
B) |
Resolution (070010) authorizing a transfer in the amount of $1,000,000 from Unanticipated Revenue to Contract Special Program Services (4/5ths vote required) | |
34. |
Resolution (070011) authorizing an amendment to the agreement with Telecare Corporation for the provision of direct observation therapy services for non-adherent tuberculosis patients at the Cordilleras Mental Health Center, increasing the payment rate by $4 to $240 per bed/day, increasing the amount by $101,460 to $7,398,510, no Net County Cost | |
35. |
Resolution (070012) authorizing an amendment to the agreement with Toyon Associates, Inc. for the provision of reimbursement services, increasing the amount by $100,000 to $300,000, $300,000 is Net County Cost | |
36. |
Resolution (070013) authorizing: | |
A) |
An amendment to the agreement with Roger Way for the provision of grant writing services, increasing the amount by $60,000 to $170,000, no Net County Cost | |
B) |
The Chief of the Health System or her designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000 |
37. |
A) |
Report recommending denial of the following claims: | ||
Claims (Non-Culpable) | ||||
Joselhoroy Abao |
Allan Slaughter | |||
Robert Grimes |
Larissa Tibbles | |||
Rochelle Frances Richards |
||||
B) |
Application for leave to present a late claim (No statutory basis for excuse) | |||
John L. Arbogast |
Quincy D. Norton |
38. |
A) |
Resolution (070014) authorizing: | |
1) |
An amendment to the agreement with Christopher A. Joseph & Associates to prepare Draft and Final Environmental Impact Reports for the Big Wave Project, extending the term through June 30, 2010, increasing the amount by $137,700 to $342,102, 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 (070015) authorizing a transfer in the amount of $137,700 from Unanticipated Revenue to Contractual Services in connection with the amendment to the agreement (4/5ths vote required) | ||
Speakers recognized by the President: | |||
Lisa Grote, Planning and Building | |||
Mike McCracken, Attorney for Big Wave Group | |||
Scott Holmes, Big Wave Group | |||
Teri Chatfield, Half Moon Bay | |||
Lennie Roberts, Committee for Green Foothills | |||
Supervisor Adrienne Tissier, Board of Supervisors | |||
Supervisor Rose Jacobs Gibson, Board of Supervisors | |||
Motion: Tissier / Second: Gordon | |||
This item was moved to the Regular Agenda |
39. |
Resolution (070016) authorizing: | |
A) |
Agreements with C&S Companies, Coffman Associates, Kennedy/Jenks Consultants, Mead and Hunt, Inc. and Parsons Brinckerhoff for omnibus airport planning and engineering services at the San Carlos and Half Moon Bay Airports, in a total amount not to exceed $2,000,000 | |
B) |
The Director of the Department of Public Works to extend the term for two additional one-year terms | |
40. |
Resolution (070017) authorizing: | |
A) |
An agreement with Universal Building Services for the provision of janitorial services in County owned and leased facilities for the term of April 14, 2009 through June 30, 2012, in an amount not to exceed $1,033,676 | |
B) |
The Director of the Department of Public Works to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000 | |
41. |
Resolution (070018): | |
A) |
Awarding a contract to Chase Contracting, Inc., dba Quality Air Services for the cleaning of HVAC ductwork at the Burlingame Long Term Care Facility, in the amount of $68,820 | |
B) |
Authorizing the Director of the Department of Public Works to execute contract revision orders related to the cleaning of HVAC ductwork, in an amount not to exceed $10,323 in aggregate | |
42. |
Resolution (070019): | |
A) |
Awarding a contract to Valley Slurry Seal Co. for the 2009 Bayside Cape and Slurry Seal Project, Emerald Lake Hills area, in the amount of $251,184.26 | |
B) |
Authorizing the Director of the Department of Public Works to execute contract change orders, in an amount not to exceed $25,100 in aggregate | |
43. |
Resolution (070020) authorizing the Director of the Department of Public Works to execute additional contract revision orders for access improvements on the 2nd, 3rd, 4th and 5th floor toilet rooms located at 455 County Center, Redwood City, increasing the not to exceed amount by $33,882 to $69,402 | |
44. |
A) |
Resolution (070021) authorizing the installation of a yield sign, North Fair Oaks area |
B) |
Resolution (070022) establishing five time limited parking zones, North Fair Oaks and Broadmoor areas | |
C) |
Resolution (070023) amending a no parking zone, North Fair Oaks area | |
D) |
Resolution (070024) establishing a no parking zone, North Fair Oaks area | |
E) |
Resolution (070025) amending a time limited parking zone, Broadmoor area | |
F) |
Resolution (070026) establishing a drop-off zone, Broadmoor area | |
45. |
Resolution (070027) adopting plans and specifications including conformance with prevailing wage scale requirements and calling for sealed proposals for the resurfacing of the Maguire Correctional Facility Outdoor Recreation Deck located at 300 Bradford Street, Redwood City | |
(Tuesday, May 5, 2009 at 2:30 p.m.) | ||
46. |
Make a finding to continue the local emergency declaration for constructing slope stabilization within the landslide, La Honda area (4/5ths vote required) |
47. |
Resolution (070028) setting the employer and employee retirement contribution rates for FY 2009-10 for the San Mateo County Employee’s Retirement Association in accordance with Government Code Sections 31453 and 31454 |
48. |
Resolution (070029) approving the Board of Retirement Regulations sections 4.12, 4.13 and 4.14 regarding post-retirement employment and establishment of normal retirement ages |
The meeting adjourned at 1:12 p.m. in memory of the fallen officers from the Oakland Police Department: Sergeants Mark Dunakin, Ervin Romans and Daniel Sakai, and Officer John Hege; Mildred Owen; Jean Cloud; Shirley Perkins; Patricia Diggins; Regina Anderson; Martin Kasworn to reconvene on April 14, 2009 at 8:15 a.m. in Closed Session – Litigation and Personnel Matters, and thereafter for the regularly scheduled Board meeting. | |