The meeting was called to order at 9:05 a.m.

Tuesday, April 28, 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)

IHSS

County Negotiator: Fran Buchanan

B)

Conference with Legal Counsel – Existing Litigation

Elia and Elia v. San Mateo County et al.

San Mateo County Superior Court Case No. 475562

In re Dragon Bakovic

WCAB Claim No. SM 202178

Compromise and release in the amount of $37,000.

In re Stephen Medina

WCAB Claim No. SM 201924

Compromise and release in the amount of $48,000.

San Francisco Baykeeper v. County of San Mateo

United States District Court Case No. CV08-3951 BZ

Toschi v. County of San Mateo, et al.

United States District Court Case No. C07-3625JL

C)

Conference with Legal Counsel – Anticipated Litigation

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

One matter

No further reportable action.

2.

9:00 a.m.

REGULAR AGENDA (SEE PAGE 5)
CONSENT AGENDA (SEE PAGE 6)

Motion: Tissier / Second: Jacobs Gibson

3.

ORAL COMMUNICATIONS

Speakers recognized by the President:

Dr. Scott Morrow, County Health Officer, Health System

Supervisor Mark Church, Board of Supervisors

April Vargas, Montara

Deborah Sousa, San Mateo Ambulatory Care Clinic

Nina Feirman, San Mateo Medical Center, Willow Clinic

Aura Cardona, San Mateo Medical Center, South San Francisco Clinic

Donya Mosaffa, San Mateo Medical Center, Willow Clinic

Genie Kozak, San Mateo Medical Center, Burlingame Long Term Care

Patricia Gallegos, Health System

4.

9:00 a.m.

Presentation of a proclamation (2925) designating April 26 through May 2, 2009 as National Crime Victims’ Rights Week (Supervisor Mark Church)

Speakers recognized by the President:

Supervisor Mark Church, Board of Supervisors

Grace Nelson, District Attorney’s Office

Motion: Church / Second: Gordon

5.

9:00 a.m.

Presentation of a resolution (2926) honoring San Francisco International Airport’s West of Bayshore Habitat Enhancement Project Team for their outstanding level of dedicated and professional service (Supervisor Mark Church)

Speakers recognized by the President:

Supervisor Mark Church, Board of Supervisors

Nixon Lam, Manager of Environmental Affairs, San Francisco International Airport

Motion: Church / Second: Jacobs Gibson

6.

9:00 a.m.

Acting as the Governing Board of the Burlingame Hills Sewer Maintenance District, Crystal Springs County Sanitation District, Devonshire County Sanitation District, Edgewood Sewer Maintenance District, Emerald Lake Heights Sewer Maintenance District, Fair Oaks Sewer Maintenance District, Harbor Industrial Sewer Maintenance District, Kensington Square Sewer Maintenance District, Oak Knoll Sewer Maintenance District and Scenic Heights County Sanitation District, conduct a public hearing to consider adopting an ordinance on the sewer service rate increases for the Burlingame Hills Sewer Maintenance District and Crystal Springs County Sanitation District: (Governing Board)

A)

Report and recommendation

B)

Close public hearing

Motion: Tissier / Second: Gordon

C)

Adoption of an ordinance (04466) amending Section 4.32.020 of Chapter 4.32 of Title 4, Sanitation and Health Ordinance Code setting FY 2009-10 sewer service rates for the Burlingame Hills Sewer Maintenance District and the Crystal Springs County Sanitation District, previously introduced on March 3, 2009 and waiver of reading the ordinance in its entirety

Speakers recognized by the President:

Jim Porter, Department of Public Works

Raymond Moreno, Burlingame

Tom Frankel, San Francisco

Tom Keller, Burlingame

Supervisor Rich Gordon, Board of Supervisors

Supervisor Adrienne Tissier, Board of Supervisors

Michael Murphy, County Counsel

Supervisor Carole Groom, Board of Supervisors

Motion: Tissier / Second: Jacobs Gibson

7.

9:15 a.m.

A)

Accept the progress report on the Green Building Program: (Planning and Building Department)

1)

Direct the Green Building Task Force and staff to conduct public outreach meetings to discuss potential amendments to the Green Building Program

2)

Return to the Board of Supervisors in the Fall with a updated progress report and any proposed program amendments

B)

Presentation of a certificate of appreciation to Mike Dethlefsen for the first new single-family residence completed under the County’s Green Building Program

Speakers recognized by the President:

Jim Eggemeyer, Planning and Building

Supervisor Mark Church, Board of Supervisors

Supervisor Rich Gordon, Board of Supervisors

Mike Dethlefsen, Recipient

Motion: Gordon / Second: Jacobs Gibson

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. (Continued from the meeting of March 31, 2009) (Planning and Building Department)

A)

Report and recommendation

B)

Close public hearing

C)

Approve or deny appeal

Items 8 and 9 were heard together. Supervisor Rich Gordon recused himself.

Speakers recognized by the President:

Supervisor Mark Church, Board of Supervisors

Michael P. Murphy, County Counsel

Supervisor Carole Groom, Board of Supervisors

Motion: Jacobs Gibson / Second: Groom

This item was continued to the meeting of May 19, 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. (Continued from the meeting of March 31, 2009) (Planning and Building Department)

A)

Report and recommendation

B)

Close public hearing

C)

Approve or deny appeal

This item was continued to the meeting of May 19, 2009 at 10:00 a.m.

10.

Resolution (070047): (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

Speakers recognized by the President:

Jim Porter, Department of Public Works

Supervisor Mark Church, Board of Supervisors

Michael P. Murphy, County Counsel

David S. Boesch, County Manager

Supervisor Carole Groom, Board of Supervisors

Jon Kaufman, South Bay Recycling

Motion: Jacobs Gibson / Second: Gordon

Ayes: Supervisors Church, Groom, Gordon, Jacobs Gibson and Tissier

Noes: None.

11.

County Manager’s report:

Update on Lehman Brother's Holding, Inc.

David S. Boesch, County Manager announced a congressional hearing has been scheduled for Tuesday, May 5, 2009 to address the Lehman Brother’s bankruptcy.

Mr. Boesch gave an update on the State budget announcing there are six propositions on the May 19, 2009 ballot that will directly affect what happens to State funding for California.

Mr. Boesch reported on the County budget stating that all departments had completed their budget reviews and that all departments hit their targets for the coming year. The County Manager’s Office will be compiling the County’s recommended budget that will be issued on May 22, 2009 for the Board and the community to review. Budget Hearings will convene on June 22, 2009.

12.

Introduction of an ordinance adding Chapter 5.148 to Title 5 of the San Mateo County Ordinance Code relating to regulation of collective cultivation and distribution of medical marijuana (Housing, Health and Human Services Standing Committee: Supervisors Carole Groom and Rose Jacobs Gibson)

Speakers recognized by the President:

Supervisor Rose Jacobs Gibson, Board of Supervisors

Supervisor Carole Groom, Board of Supervisors

Jhonrico Carrnshimba, Universal Healthcare Cooperative Corporation

Brenda Carr, Universal Healthcare Cooperative Corporation

Joan Farwell, Redwood City

Christopher Doty, Universal Healthcare Cooperative Corporation

Jamaal Ponder, Universal Healthcare Cooperative Corporation

Michael Murphy, County Counsel

Motion: Groom / Second: Jacobs Gibson

This item was continued to May 5, 2009 for adoption.

13.

Board members’ committee reports

Supervisor Adrienne Tissier announced there will be a free Town Hall and Housing Resource Fair on foreclosures and pre-foreclosures that will take place on Saturday, May 9, 2009 from 9:30 a.m. to 3:00 p.m. at Westmoor High School, 131 Westmoor Avenue, Daly 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.

Recommendation for the appointment of Delores A. Farrell to the Civil Service Commission representing the Fourth District, term expiring December 31, 2012 (Supervisor Rose Jacobs Gibson)

15.

Recommendation for the appointments of Juan De Leon, Rosalba Velazquez, Manuel Ramirez, and Beatriz Cerrillo to the North Fair Oaks Community Council, terms expiring December 31, 2011 (Supervisor Rose Jacobs Gibson)

16.

A)

Recommendation for the reappointments of Karen Wilson, Thomas Daly and Ronald Madson to the San Mateo County Coastside Design Review Committee, terms expiring March 31, 2010

B)

Recommendation for the reappointments of Barbara Lewicki and Linda Montalto Patterson as alternates to the San Mateo County Coastside Design Review Committee, terms expiring March 31, 2010 (Supervisor Rich Gordon)

17.

Ratification of a resolution (2927) honoring Inez Paepcke as Burlingame Bodies San Mateo County 2009 Teacher of the Year (Supervisor Mark Church)

18.

Resolution (070048) approving the modification of the compensation schedule set forth in the agreements for compensation to San Mateo County for collection of special assessments with cities and special districts for FY 2009-10

19.

Resolution (070049) approving the modification of the compensation schedule set forth in the agreements for compensation to San Mateo County for collection of special taxes with cities and special districts for FY 2009-10

20.

Resolution (070050) authorizing the County Manager or his designee to execute:

A)

An agreement with Political Solutions, Inc. for the provision of state government liaison advocacy services for the term of May 1, 2009 through December 31, 2009, in an amount not to exceed $80,000

B)

An option to extend the term through December 31, 2010, increasing the amount by $150,000 to $230,000

21.

Resolution (070051) authorizing:

A)

An agreement with San Bruno Office Associates, LLC for the lease of office space located at 881-883 Sneath Lane, San Bruno for the term of April 28, 2009 through April 27, 2014, in the initial monthly rent of $4,036 with one option to extend the term for an additional five years

B)

The County Manager or his designee to execute any and all notices, options, extensions, terminations and documents in connection with the lease agreement

22.

Resolution (070052) waiving the Request for Proposals process and authorizing the Purchasing Agent to issue a purchase order for seven extrication systems for County Fire, in the amount of $161,555.84, no Net County Cost

23.

Resolution (070053) authorizing:

A)

An agreement with Angelica Textile Services for the provision of linen and laundry management services to the San Mateo Medical Center, Burlingame Long Term Care and San Mateo County Youth Services Center – Hillcrest for the term of February 1, 2009 through January 31, 2012, in an amount not to exceed $3,854,276

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

24.

Resolution (070054) authorizing:

A)

An agreement with On-Site Dental Care Foundation for the provision of dental health care services to homeless individuals in San Mateo County for the term of November 1, 2008 through October 31, 2009, in an amount not to exceed $156,840, 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

25.

Resolution (070055):

A)

Waiving the Request for Proposals process and authorizing an agreement with Puente de la Costa Sur for the provision of alcohol and drug prevention services for the term of March 1, 2009 through June 30, 2011, in an amount not to exceed $315,000, no 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

26.

Resolution (070056) authorizing:

A)

An agreement with Gene Bruce, M.D. for the provision of specialty orthopedic services for the term of April 1, 2009 through March 31, 2011, in an amount not to exceed $220,000

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

27.

Resolution (070057) authorizing:

A)

An agreement with Duc Marcel Nguyen, M.D. for the provision of specialty orthopedic services for the term of April 1, 2009 through March 31, 2011, in an amount not to exceed $425,000, $97,004 is 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

28.

Resolution (070058) authorizing:

A)

An agreement with Nikolaj Wolfson, M.D. for the provision of specialty orthopedic services for the term of April 1, 2009 through March 31, 2010, in an amount not to exceed $466,000

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

29.

Resolution (070059) authorizing:

A)

An amendment to the agreement with the Health Plan of San Mateo (HPSM) for administration of the Consolidated Access and Care for Everyone (ACE) Program, clarifying contractual terms for audit purposes, allowing for payment to Ravenswood Family Health Center for outside pharmacy services and providing greater flexibility to the HPSM to negotiate rates with medical providers

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

30.

Resolution (070060) authorizing:

A)

Submission to the California Department of Aging the 2009-12 Area Plan for Services for Older Adults and Adults with Disabilities

B)

Execution of a transmittal letter to the California Department of Aging required to complete the submission process

31.

Report recommending denial of the following claims:

Claims (Non-Culpable)

Sandra N. De Gabain

William Moscardini

Candy Filippini

Julia Smith

Corrine Gilry

State Farm Insurance for Sandra De Gabain

David H. Gordillo

Louis Turner

Clay Jones

32.

Adoption of an ordinance (04467) amending the salary ordinance and accepting the report on the total number of positions in the County, previously introduced on April 14, 2009 and waiver of reading the ordinance in its entirety

33.

Resolution (070061) authorizing:

A)

An agreement with VOX Network Solutions for the provision of Nortel maintenance, technical services and equipment for the term of May 1, 2009 through April 30, 2012, in an amount not to exceed $3,500,000

B)

The Purchasing Agent to approve ongoing annual support and purchases subject to the agreement not-to-exceed amount

C)

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

34.

Resolution (070062):

A)

Accepting the corrected legal description of an affected parcel as an attachment to the previously approved affordable housing regulatory agreement with Betty Pimentel and Lois and Robin Baird for an affordable housing unit located at 510 Bear Gulch Road, San Gregorio

B)

Directing the Director of Community Development or her designee to re-record the corrected agreement and any other documents that may be required to implement the affordable housing agreement

35.

Resolution (070063) authorizing agreements for the provision of on-call engineering professional services for the term of April 28, 2009 through April 27, 2012:

A)

BKF Engineers, Brown and Caldwell, Camp Dresser & McKee, Inc., and Kimley-Horn and Associates, Inc., in an amount not to exceed $500,000

B)

Denise Duffy & Associates, Inc., Kennedy/Jenks Consultants, TRA Environmental Sciences, Inc., and YEI Engineers, Inc., in an amount not to exceed $300,000

36.

Resolution (070064):

A)

Awarding a contract to Half Moon Bay Grading and Paving, Inc. for the reconstruction of the Mills Avenue Project, West Menlo Park area, in the amount of $184,523

B)

Authorizing the Director of the Department of Public Works to execute contract change orders, in an amount not to exceed $27,677

37.

Resolution (070065):

A)

Awarding a contract to Sea Pac Engineering, Inc. for the San Mateo County Job Order Contract General Construction Contract with application throughout the County, in the amount of $1,000,000

B)

Authorizing the Director of the Department of Public Works or his designee to issue individual and/or separate job orders under the contract amount

38.

Resolution (070066) approving a revised work plan for utilizing the 2007-08 Appropriation of Proposition 1B Transportation Bond funds

39.

A)

Resolution (070067) accepting the report on county-wide mitigation fees for FY 2009-10

B)

Resolution (070068) authorizing an increase in the fees of 4.54% for residential and commercial uses excluding commercial self storage and 4.88% for commercial self storage as provided in the ordinance that established the fees

40.

Resolution (070069):

A)

Setting the time and place for a public hearing on the proposed garbage and recyclables collection rates in County Service Area No. 8, North Fair Oaks area

(Tuesday, June 16, 2009 at 9:15 a.m.)

B)

Directing the Director of the Department of Public Works to send a notice of the proposed collection rate increase to each property owner in County Service Area No. 8

41.

A)

Resolution (070070) authorizing the installation of residential speed control devices on Spring Street, North Fair Oaks, Redwood City area

B)

Resolution (070071) establishing a no parking zone, Broadmoor, Daly City area

42.

Resolution (070072) adopting plans and specifications, determining prevailing wage scale requirements and calling for seal proposals for the expansion of the Ron Robinson Senior Care Center at the San Mateo Medical Center

(Tuesday, June 2, 2009 at 2:30 p.m.)

43.

Resolution adopting plans and specifications, including conformance with prevailing wage scale requirements and calling for seal proposals for Phase 3 Improvements at the Edgewood Park and Natural Preserve Interpretive Center, 6 Old Stage Coach Road, Redwood City

(Tuesday, June 9, 2009 at 2:30 p.m.)

This item was continued to an unspecified date.

44.

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

45.

Accept the report on the Inmate Welfare Trust Fund for FY 2007-08

The meeting adjourned at 10:49 a.m. in memory of John William “Bill” Jalonen to reconvene on Tuesday, May 5, 2009 at 8:15 a.m. in Closed Session – Litigation and Personnel Matters, and thereafter for the regularly scheduled Board meeting.