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

Tuesday, October 6, 2009

 

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

 

PLEDGE OF ALLEGIANCE

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

      Absent: Supervisor Jacobs Gibson was not present for Oral Communications and the approval of the Regular and Consent agendas. The Supervisor arrived at 9:10 a.m.

 

1.

9:00 a.m.

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

     
   

No member of the public wished to speak.

 

2.

REGULAR AGENDA (SEE PAGE 4)
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agenda are approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda.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: Tissier / Second: Gordon

   

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 and SEIU

 

County Negotiator: Diana Doughtie

   

B)

Negotiations: DSA

 

County Negotiator: Keith Fleming

   

C)

Conference with Legal Counsel – Existing Litigation

   
 

In re Joseph Farmer

 

WCAB Claim No. SM 060582

   
 

Settlement in the amount of $68,669.38 plus future medical costs

   
 

Montara Water and Sanitary District vs. County of San Mateo

 

United States District Court Case No. CV 08 2814 JF

   
 

South Bayside System Authority v. County of San Mateo

 

San Mateo County Superior Court Case No. 469129

   

D)

Conference with Legal Counsel – Anticipated Litigation

   
 

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

   
 

Two matters

   
 

The Board recessed to closed session at 11:13 a.m.

   
 

The Board reconvened the open session at 12:10 p.m. and County Counsel made the following report:

   
 

No other 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 the Employee of the Month Award for September 2009 to Girley Macaraeg, Charge Nurse, San Mateo Medical Center (County Manager)

     
   

Speakers recognized by the President:

   

Peggy Jensen, Deputy County Manager

   

Linda Franco, San Mateo Medical Center

   

Dr. Chester J. Kunnappilly, San Mateo Medical Center

   

Susan Ehrlich, San Mateo Medical Center

   

Supervisor Rich Gordon, Board of Supervisors

   

Supervisor Adrienne Tissier, Board of Supervisors

   

Supervisor Rose Jacobs Gibson, Board of Supervisors

   

Supervisor Carole Groom, Board of Supervisors

   

Supervisor Mark Church, Board of Supervisors

   

Girley Macaraeg, Recipient

     

5.

9:15 a.m.

Presentation of a proclamation (2989) designating October 3 through 15, 2009 as Binational Health Week to help improve the health and well-being of the underserved Latino population living in the United States and Canada (Supervisor Rose Jacobs Gibson)

     
   

Speakers recognized by the President:

   

Supervisor Rose Jacobs Gibson, Board of Supervisors

   

Ortenzia Lopez, El Concilio

     
   

Motion: Jacobs Gibson / Second: Gordon

     

6.

9:30 a.m.

Conduct a public hearing to consider a General Plan Amendment to change the land use designation from Medium-Low Density Residential to Office Commercial and a rezoning from Single-Family Residential to Planned Unit Development to allow construction of a 12,600 square foot, 2 story commercial/ office building with underground parking, the merger of two parcels and a grading permit for excavation in the amount of 12,200 cubic yards located at 2126 and 2128 San Hill Road, unincorporated West Menlo Park area (Property Owner: 2128 San Hill, LLC / Applicant: Steve Baugher): (Planning and Building)

     

A)

Certifying the Mitigated Negative Declaration as complete and adequate in accordance with the California Environmental Quality Act

   

B)

Resolution (070408) amending the San Mateo County General Plan Land Use Map affecting two parcels and changing the General Plan Land Use designation from Medium-Low Density Residential to Office Commercial

   

C)

Adopt an ordinance (04480) amending Part One of Division VI of the San Mateo County Ordinance Code to revise the zoning text to enact the Planned Unit Development No. 134 Zoning District Regulations on two parcels and waiver of reading the ordinance in its entirety

   

D)

Adopt an ordinance (04481) amending Chapter 2, Part One of Division VI of the San Mateo County Ordinance Code to revise the zoning maps and add the Planned Unit Development No. 134 District Regulations affecting two properties

   
   

A)

Report and recommendation

       
   

B)

Close public hearing

       
     

Motion: Tissier / Second: Jacobs Gibson

       
   

C)

Adopt resolution

       
     

Motion: Gordon / Second: Jacobs Gibson

       
   

D)

Adopt ordinance

       
     

Motion: Gordon / Second: Jacobs Gibson

       
   

E)

Adopt ordinance

       
     

Motion: Gordon / Second: Jacobs Gibson

       
     

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

     

Noes: None.

       
     

Speakers recognized by the President:

     

Lisa Grote, Planning and Building

     

Supervisor Adrienne Tissier, Board of Supervisors

     

Supervisor Carole Groom, Board of Supervisors

     

Supervisor Rose Jacobs Gibson, Board of Supervisors

     

Steve Baugher, Applicant

     

Ron Snow, Menlo Park

     

Shirley Stewart, Menlo Park

     

Dennis Chargin, Project Developer

     

Donna Lee, Menlo Park

     

Charles Botsford, Menlo Park

     

Halle Hewitt, Menlo Commons, Menlo Park

     

Lindsay Cazel, Palo Alto

     

Debra Rif, Menlo Park

     

Donald J. Prolo, M.D., Menlo Park

     

Carolyn Jones, Menlo Park

     

Laura Proh, Menlo Park

     

Sandy Sloan, Menlo Park

     

Jerylann Mateo, Los Altos

     

Matilde Nino-Murcia, Menlo Park

     

Judith Bass, Menlo Park

     

Erica Adams, Planning and Building

     

Supervisor Rich Gordon, Board of Supervisors

     

7.

9:45 a.m.

Public hearing to consider a resolution (070409) amending the service fee schedules (Planning and Building)

     
   

A)

Report and recommendation

       
   

B)

Close public hearing

       
     

Motion: Jacobs Gibson / Second: Tissier

       
   

C)

Adopt resolution

       
     

Motion: Groom / Second: Gordon

       
     

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

     

Noes: None.

       
       
     

Speakers recognized by the President:

     

Jim Eggemeyer, Planning and Building

     

Supervisor Adrienne Tissier, Board of Supervisors

     

Supervisor Rich Gordon, Board of Supervisors

REGULAR AGENDA

COUNTY MANAGER

8.

County Manager’s report

   
 

Peggy Jensen, Deputy County Manager presented reports on Federal Health Care Reform and the Lehman Brother efforts. Ms. Jensen announced the appointment of Supervisor Jacobs Gibson as Chair of the National Association of Counties (NACo) Welfare, Social Services and Immigration Committee.

   
 

Speaker recognized by the President:

 

Peggy Jensen, Deputy County Manager

BOARD OF SUPERVISORS

9.

Board members’ committee reports

   
 

Supervisor Tissier thanked the participants at the September 16, 2009 San Mateo County Heart Walk.

   
 

Supervisor Jacobs Gibson thanked Peggy Jensen, Deputy County Manager for announcing her appointment to NACo and will work with Mary McMillan, Deputy County Manager on Federal issues.

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.

 

10.

Approve the minutes for the meeting of September 29, 2009

ASSESSOR-COUNTY CLERK-RECORDER

11.

Resolution (070410) authorizing the Chief Elections Officer to render specified election services for the Hillsborough City School District, Redwood City School District, San Bruno Park School District, San Mateo Union High School District, San Mateo-Foster City School District, Sequoia Union High School District, Woodside Elementary School District, Broadmoor Police Protection District, Coastside County Water District, Coastside Fire Protection District, East Palo Alto Sanitary District, Granada Sanitary District, Los Trancos County Water District, Menlo Park Fire Protection District, Town of Atherton, City of Belmont, City of Brisbane, City of Burlingame, City of Foster City, City of Half Moon Bay, City of Millbrae, Town of Portola Valley, City of Redwood City, City of San Bruno, City of San Carlos, City of San Mateo, City of South San Francisco and the Town of Woodside in conjunction with the Consolidated Municipal, School and Special District election to be held on Tuesday, November 3, 2009

BOARD OF SUPERVISORS

12.

Recommendation for the appointments of the following: (Supervisor Mark Church)

   
 

A)

Supervisor Carole Groom as the County’s representative and Supervisor Adrienne Tissier as the alternate to the San Mateo County Pre-Hospital Emergency Services Providers Group Joint Powers Board

     
 

B)

Supervisor Carole Groom to the California High Speed Rail Authority’s Policymaker Working Group

     
 

C)

Supervisor Mark Church to the Vehicle Theft Task Force Executive Committee

   

13.

Recommendation for the appointment of James Metz to the San Mateo County Mosquito Abatement District, term expiring December 31, 2011 (Supervisors Mark Church and Rich Gordon)

   

14.

Ratification of a resolution (2990) honoring Michael J. Stauffer upon his retirement from the Probation Department (Supervisor Mark Church)

COUNTY COUNSEL

15.

Approve the proposed process to appoint a member to the Mid-Peninsula Water District Board of Directors

COUNTY MANAGER

16.

Resolution (070411) authorizing:

   
 

A)

A Quitclaim Deed releasing and quitclaiming all right, title, and interest of the County of San Mateo in San Pedro Terrace Road, Pacifica to the City of Pacifica

     
 

B)

The County Manager or his designee to execute any and all notices, consents, approvals, terminations, deeds, escrow instructions and documents in connection with the Quitclaim Deed as needed to comply with the intent (4/5ths vote required)

     

17.

Introduction of an ordinance amending Chapters 2.11 and 2.22, repealing Chapter 2.26 and enacting Chapter 2.16 of the San Mateo County Ordinance Code transferring responsibility for Agriculture/Weights and Measures from the Health System to the Community Services Department and waiver of reading the ordinance in its entirety

   
 

This item is continued to the meeting of October 20, 2009 for adoption.

   

18.

Adoption of an ordinance (04482) amending the Master Salary Ordinance for changes related to the FY 2009-10 budget, previously introduced on September 29, 2009 and waiver of reading the ordinance in its entirety

   
   
   

HEALTH SYSTEM

19.

Resolution (070412) authorizing:

   
 

A)

An agreement with California Emergency Physicians Medical Group for the provision of urgent care services for the term of September 1, 2009 through August 31, 2010, in an amount not to exceed $332,800

     
 

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

     

20.

Resolution (070413) authorizing:

     
 

A)

An agreement with Caminar for the provision of Full Service Partnership and Housing Support Program services for the term of October 1, 2009 through June 30, 2012, in an amount not to exceed $2,314,950, 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

   

21.

Resolution (070414) authorizing an amendment to the agreement with the California Department of Aging eliminating state funding for community-based service programs and increasing federal funding for the Ombudsman Program, decreasing the amount by $216,098 to $2,689,180, no Net County Cost

   

22.

Resolution (070415) authorizing:

   
 

A)

An amendment to the agreement with Pyramid Alternatives for the provision of mental health services, increasing the amount by $37,418 to $187,418, 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

   

23.

Resolution (070416):

     
 

A)

Approving the submission of the FY 2008-09 Year-End Report for the Strategic Plan for Services for Older Adults and Adults with Disabilities

     
 

B)

Authorizing execution of the transmittal letter as required by the California Department of Aging

HUMAN RESOURCES

24.

Resolution (070417) authorizing the Director of the Human Resources Department:

   
 

A)

To execute an agreement with Benesyst for the provision of administering the County’s Flexible Spending Account and Consolidated Omnibus Budget Reconciliation Act programs for county employees for the term of January 1, 2010 through December 31, 2013, in an amount not to exceed $350,000, no Net County Cost

     
 

B)

Or her designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

     

25.

Resolution (070418):

     
 

A)

Accepting the Deferred Compensation Committee’s recommendation to select Hartford Life Insurance Company as the County’s deferred compensation provider

     
 

B)

Authorizing the Director of the Human Resources Department to execute an agreement with Hartford Life Insurance Company for the provision of administering the County’s deferred compensation plan for county employees and retirees and the County’s retirement plan for extra help employees for the term of January 1, 2010 through December 31, 2013, no Net County Cost

     
 

C)

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

PUBLIC WORKS

26.

Resolution (070419) authorizing an agreement with Mavericks Surf Ventures, Inc. for the provision of vehicle parking at the Half Moon Bay Airport for the one-day Mavericks Surfing Contest for s term of three days, in the minimum amount of $2,000 (4/5ths vote required)

   

27.

Introduction of an ordinance repealing Section 4.04.130 of Chapter 4.04 of Title 4 of the San Mateo County Ordinance Code on trash collection franchises and waiver of reading the ordinance in its entirety

   
 

This item is continued to the meeting of October 20, 2009 for adoption.

   

28.

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

SHERIFF

29.

Resolution (070420):

     
 

A)

Accepting the FY 2009-10 DNA Backlog Reduction Grant award for the Forensic Laboratory, in the amount of $117,916, no Net County Cost

     
 

B)

Authorizing the Sheriff or his designee to execute all necessary documents in connection with the grant, including but not limited to contracts, agreements, amendments and grant assurances

   
   
 

The meeting was adjourned at 12:11 p.m. in memory of Timothy Murphy and David Iverson.