PLEASE NOTE THERE WILL BE NO MEETING OF THE
BOARD OF SUPERVISORS ON OCTOBER 13 AND 27, 2009

Tuesday, September 15, 2009

 

The meeting was called to order at 9:00 a.m.

 

PLEDGE OF ALLEGIANCE

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

      Absent: None

 

1.

9:00 a.m.

ORAL COMMUNICATIONS AND PUBLIC TESTIMONY ON CONSENT OR CLOSED SESSION AGENDA ITEMS

     
   

Speakers recognized by the President:

   

Jean Fraser, Health System

   

Susan Ehrlich, San Mateo Medical Center

   

Dr. Scott Morrow, Health System

   

Irma Compton, SEIU Local 521

   

Cynthia Howard, SEIU Local521

   

Elaine Goodwin, SEIU Local 521

   

Annette Ruiz-Vides, SEIU Local 521

     

2.

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

   
 

Motion: Gordon / Second: Jacobs Gibson

   
 

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agenda are approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda.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

CLOSED SESSION

   
 

The Board will adjourn to closed session to consider the following items at the end of the agenda, or at any time during the meeting as time permits. At the conclusion of closed session, the Board will reconvene in open session to report on any actions taken for which a report is required by law.

   

A)

Negotiations: AFSCME, BCTC, SEIU

 

County Negotiator: Diana Doughtie

   

B)

Conference with Legal Counsel – Existing Litigation

   
 

County of San Mateo v. Pacific Shores et. al.

 

San Mateo County Superior Court Case No. CIV 486660

   
 

Zaremba v. County of San Mateo

 

United States District Court Case No. C08-04451 MHP

   

C)

Conference with Legal Counsel – Anticipated Litigation

   
 

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

   
 

One case

   
 

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

   
 

Two matters

   
 

The Board recessed to closed session at 11:20 a.m.

   
 

The Board reconvened the open session at 1:32 p.m. and County Counsel made the following report:

   
 

No reportable action was taken.

MATTERS SET FOR SPECIFIED TIME

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.

Presentation of a proclamation (2976) supporting the San Mateo County Complete Count Committee in their efforts to accomplish the vital goal of counting every person for the 2010 United States Census (Supervisor Rose Jacobs Gibson)

     
   

Speakers recognized by the President:

   

Supervisor Rose Jacobs Gibson, Board of Supervisors

   

Lia Bolden, U.S. Census Bureau

   

Jorge Jamarillo, San Mateo County Hispanic Chamber of Commerce

   

Alex Darr, U.S. Census Bureau

   

James Kamenelis, U.S. Census Bureau

   

Louise Rogers, Behavioral Health and Recovery Services, Health System

   

Lynford Gayle, Behavioral Health and Recovery Services, Health System

     
   

Motion: Jacobs Gibson / Second: Tissier

     

5.

9:00 a.m.

Presentation of a proclamation (2977) designating September 18, 2009 as National POW/MIA Recognition Day (Supervisor Rose Jacobs Gibson)

     
   

Speakers recognized by the President:

   

Supervisor Rose Jacobs Gibson, Board of Supervisors

   

Bruce Hallberg, California Coordinator for the National League of Families

   

Joyce Willet, Member, National League of Families

     
   

Motion: Jacobs Gibson / Second: Gordon

     

6.

9:15 a.m.

Presentation of a proclamation (2978) designating September 2009 as Recovery Happens Month (Supervisor Rich Gordon)

     
   

Speakers recognized by the President:

   

Supervisor Rich Gordon, Board of Supervisors

   

CC, Redwood City

   

Raymond Mills, Recovery Happens

   

Steve Kaplan, Health System

     
   

Motion: Gordon / Second: Groom

     

7.

9:15 a.m.

Presentation of a proclamation (2979) designating September 20 through 26, 2009 as Fall Prevention Awareness Week (Supervisor Adrienne Tissier)

     
   

Speakers recognized by the President:

   

Supervisor Adrienne Tissier, Board of Supervisors

   

Francine Serafin-Dickson, Hospital Consortium of San Mateo County

     
   

Motion: Tissier / Second: Groom

     

8.

9:30 a.m.

Presentation of a proclamation (2980) designating September 2009 as Childhood Cancer Awareness Month (Supervisor Mark Church)

     
   

Speakers recognized by the President:

   

Supervisor Mark Church, Board of Supervisors

   

Susan Ehrlich, San Mateo Medical Center

     
   

Motion: Church / Second: Groom

     

9.

9:30 a.m.

Public hearing to reconsider a Use Permit Renewal pursuant to Section 6500 of the County Zoning Regulations to allow for the continued operation of a cellular communications facility consisting of two 13-foot tall monopoles and one equipment enclosure measuring 18 feet by 15 feet located in the rear yard of the residential property at 1175 Palomar Drive, unincorporated Palomar Park area: (Planning and Building)

     

A)

Report and recommendation

   

B)

Close public hearing

   
 

Motion: Tissier / Second: Gordon

   

C)

Approve or deny permit

   
 

Motion to deny: Gordon / Second: Groom

   
 

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

 

Noes: None.

   
 

Speakers recognized by the President:

 

Jim Eggemeyer, Planning and Building

 

Michael Murphy, County Counsel

 

Jonathan Niner, San Carlos

 

Dr. Curtis Brooks, Landlord for Sprint facility at 1175 Palomar Drive, Palomar Park

 

Doug Gottschlich, Palomar Park

 

Kurt Oppenheimer, Palomar Park Owners

 

Rich Landi, Palomar Park

 

Leon Glahn, Palomar Park Property Owners

 

Joseph Marshall, Redwood City

 

Sally Einspahr, Redwood City

 

David Abele, Sprint

 

Supervisor Adrienne Tissier, Board of Supervisors

 

Supervisor Carole Groom, Board of Supervisors

 

Supervisor Rose Jacobs Gibson, Board of Supervisors

 

Supervisor Rich Gordon, Board of Supervisors

   

The meeting reconvened at 1:32 p.m.

   

10.

1:30 p.m.

Budget Study Session

     
   

Resolution (070365) approving the process, timeline and strategies to eliminate the General Fund structural budget imbalance by FY 2013

     
   

Speakers recognized by the President:

   

David S. Boesch, County Manager

   

Jim Saco, Budget and Performance, County Manager’s Office

   

Reyna Farrales, Deputy County Manager

   

Supervisor Rich Gordon, Board of Supervisors

   

Supervisor Carole Groom, Board of Supervisors

   

Supervisor Mark Church, Board of Supervisors

   

Supervisor Rose Jacobs Gibson, Board of Supervisors

   

Supervisor Adrienne Tissier, Board of Supervisors

   

Nadia Bledsoe, AFSCME Local 829

   

Donna Nielsen, SEIU

   

Gina Fucilla, SEIU

     
   

Motion: Jacobs Gibson / Second: Gordon

     
 

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

 

Noes: None.

REGULAR AGENDA

PUBLIC WORKS

11.

Resolution:

     
 

A)

Certifying the Initial Study / Mitigated Negative Declaration, dated March 2009 for the Pescadero Community Sewer Project

     
 

B)

Directing the Director of the Department of Public Works to submit the Initial Study / Mitigated Negative Declaration to the State Water Resources Control Board

     
   

This item was continued to the meeting of September 22, 2009.

COUNTY MANAGER

12.

County Manager’s report:

   
 

Resolution (070366) in support of Assembly Bill 249 (Carter), Health facilities: marking patient devices

   
 

This item was moved to the Consent Agenda.

   

13.

Resolution (070367) authorizing the Countywide FY 2008-09 Year-End transfer in the amount of $91,942,859 from various budget units (4/5ths vote required)

   
 

This item was moved to the Consent Agenda.

BOARD OF SUPERVISORS

14.

Board members’ committee reports

   
 

Supervisor Adrienne Tissier wished to thank Sheriff Greg Munks and Sheriff's Lt. Ed Barberini from the Office of Emergency Services for their great work at Disaster Preparedness Day. She also appreciated all the time and effort they put into the event.

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.

 

15.

Approve the minutes for the meeting of August 25, 2009

BOARD OF SUPERVISORS

16.

Recommendation for the appointment of Laura Walker to the Fatherhood Collaborative, term expiring September 30, 2011 (Supervisor Mark Church)

   

17.

Recommendation for the reappointment of Steven Karp to the San Mateo County Event Center Board of Directors, term expiring September 30, 2012 (Supervisor Mark Church)

CONTROLLER

18.

Resolution (070368) authorizing:

   
 

A)

An agreement with MGT of America, Inc. for the preparation of the County’s SB-90 Cost Reimbursement Claims and related work for FYs 2009-12 for the term of August 25, 2009 through August 24, 2012, in an amount not to exceed $113,400, $113,400 is Net County Cost

     
 

B)

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

     

19.

Resolution (070369) fixing the rates of the County and District taxes for FY 2009-10

COUNTY COUNSEL

20.

Resolution (070370) authorizing an amendment to the agreement with David S. Boesch, Jr. for services as County Manager for the term of January 1, 2009 through December 31, 2012

COUNTY MANAGER

21.

Resolution (070371) authorizing:

   
 

A)

An amendment to the residential rental agreement with Jerome W. and Karen Mertens for the Sheriff’s commuter house located at 731 Valota Road, Redwood City, extending the term through August 31, 2012 with two options to extend for one additional year each, in the amount of $3,700 per month

     
 

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 therein

   

22.

Resolution (070372):

   
 

A)

Waiving the competitive bid process and authorizing an agreement with La Honda Volunteer Fire Brigade for the purchase of a replacement rescue vehicle, including a payment schedule for the La Honda Volunteer Fire Brigade to pay a portion of its contribution to the funding of the vehicle, in the amount of $18,622

     
 

B)

Authorizing the Purchasing Agent to issue a purchase order for the replacement vehicle, in the amount of $174,744 that will be partially reimbursable through the Office of Traffic Safety grant received by the County Fire in 2008

   

23.

Accept the report containing the County’s responses to the following 2008-09 Grand Jury report: Appointment vs. Election: How Should the Board of Supervisor Seats Be Filled?

HEALTH SYSTEM

24.

Resolution (070373) authorizing an agreement with Central Medical Laboratory for the provision of forensic phlebotomy services for the term of October 1, 2009 through June 30, 2012, in the amount of $564,000 (Jointly with the Sheriff)

   

25.

Resolution (070374) authorizing:

   
 

A)

An agreement with Juliette Lee, M.D. for the provision of dermatology services for the term of September 1, 2009 through August 31, 2010, in an amount not to exceed $150,000

     
 

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

   

26.

Resolution (070375) authorizing an amendment to the agreement with Kaiser Foundation Hospitals for the provision of hospital services, extending the term through December 31, 2009

   

27.

Adoption of an ordinance (04477) amending the salary ordinance deleting a Financial Services Manager II position and adding a Director of Payor and Provider Contracting position for the San Mateo Medical Center, previously introduced on August 25, 2009 and waiver of reading the ordinance in its entirety

   

28.

Adoption of an ordinance (04478) amending the salary ordinance deleting a Deputy Director of Support and Compliance and a Clinical Services Manager I – Nursing positions and adding a Administrative Services Manager I and a Deputy Director of Acute Inpatient and Hospital Services positions for the San Mateo Medical Center, previously introduced on August 25, 2009 and waiver of reading the ordinance in its entirety

HUMAN RESOURCES

29.

A)

Report recommending denial of the following claims (Non-Culpable):

     
   

California State Automobile Association /

Heriberto M. Santana

   

William and Ann Snyders

Sarai Velasquez Santana

   

Jane Doe

Dwain Sparling

   

Randie Lin

Felix Wade

   

Martha Ramirez

 
 
 

B)

Application for leave to present a late claim (No statutory basis for excuse):

     
   

Nuria Arceo

     

30.

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 22, 2009 for adoption.

HUMAN SERVICES

31.

Resolution (070376) authorizing:

   
 

A)

An agreement with the California Department of Social Services for the provision of reimbursement of Interim Aid paid to General Assistance recipients that are approved for Supplemental Security Income for the term of July 1, 2008 with an automatic renewal every five years

     
 

B)

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

PLANNING AND BUILDING

32.

Resolution (070377) authorizing:

     
 

A)

An agreement with MIG for the preparation of the North Fair Oaks Community Plan Update for the term of September 15, 2009 through September 30, 2011, in an amount not to exceed $455,000, no Net County Cost

     
 

B)

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

PUBLIC WORKS

33.

Resolution (070378):

     
 

A)

Awarding a contract to Granite Rock Company dba Pavex Construction for the provision of taxiway, access road, transient aircraft parking, security fencing and lighting improvements at the Half Moon Bay Airport, in the amount of $1,524,727

     
 

B)

Authorizing the Director of the Department of Public Works to execute contract change orders up to an aggregate amount of $230,000

     
 

C)

Directing the Department of Public Works staff to file a Notice of Exemption for a California Environmental Quality Act Categorical Exemption for the project

     

34.

Resolution (070379) authorizing:

     
 

A)

An amendment to the agreement with Sea Pac Engineering, Inc. for the Job Order Contract, increasing the amount to $4,000,000

     
 

B)

The Director of the Department of Public Works or his designee to issue and execute individual and/or separate job orders under the Job Order Contract which job orders in aggregate do not exceed $4,000,000 for the term of the agreement

     

35.

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

   

SHERIFF

36.

Resolution (070380) authorizing:

   
 

A)

An agreement with the City and County of San Francisco for the distribution of funds to San Mateo County as part of the FY 2008 Urban Area Security Initiative federal grant, in an amount not to exceed $354,962, no Net County Cost

     
 

B)

The Sheriff in his capacity as the OES Area Coordinator to execute amendments which modify the contract term and/or services so long as the modified term or services is/are within the current or revised fiscal provisions

     
 

C)

The Sheriff or his designee to execute the grant assurances

     

37.

Resolution (070381) accepting a donation from the Kelly Family Fund for the Community Alliance to Revitalize Our Neighborhood Program, in the amount of $5,000

   
   
 

The meeting was adjourned at 2:49 p.m. in memory of Nonnie Tremaine, Dr. Henry Mayer, Helen Flowerday, and Jessie Fontana.