PLEASE NOTE THERE WILL BE NO MEETING OF THE
BOARD OF SUPERVISORS ON NOVEMBER 17 AND 24, 2009

Tuesday, October 20, 2009

 

The meeting was called to order at 9:02 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:

 

Therese M. Dyer, Pacifica

   

If your subject is not on the agenda, or if you wish to speak on a consent or closed session agenda item, the President will recognize you at this time. Speakers are customarily limited to two minutes. A speaker’s slip is required.

 

2.

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

   
 

Motion: Jacobs Gibson / Second: Gordon

     
 

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agenda are approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda.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

 

County Negotiator: Keith Fleming

   

B)

Conference with Legal Counsel – Existing Litigation

   
 

Monica Gutierrez vs. County of San Mateo

 

San Mateo County Superior Court Case No. 487763

   

C)

Conference with Legal Counsel – Anticipated Litigation

   
 

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

   
 

One matter

   
 

The Board recessed to closed session at 12:40 p.m.

   
 

The Board reconvened the open session at 1:30 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 the Employee of the Month Award for October 2009 to Melissa Kertz, Social Worker III, Human Services Agency (County Manager)

     
   

Speakers recognized by the President:

   

David S. Boesch, County Manager

   

Pravin Patel, Human Services Agency

   

Beverly Beasley Johnson, Human Services Agency

   

Victoria Smith, Human Services Agency

   

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

   

Melissa Kertz, Recipient

     

5.

9:00 a.m.

Presentation of a resolution (2991) honoring the Mid-Peninsula Chapter of the Compassionate Friends upon their one year anniversary of service to the people of San Mateo County (Supervisor Mark Church)

     
   

Speakers recognized by the President:

   

Supervisor Mark Church, Board of Supervisors

   

Rosanna Marks, The Compassionate Friends Organization

     
   

Motion: Gordon / Second: Tissier

     

6.

9:00 a.m.

A)

Presentation of a proclamation (2992) designating October 2009 as Domestic Violence Awareness Month

   
 

Motion: Tissier / Second: Jacobs Gibson

   

B)

Presentation of a resolution (2993) honoring Elaine Tipton as the recipient of the 2009 Barbara Hammerman Award (Supervisor Mark Church)

     
   

Speakers recognized by the President:

   

Supervisor Mark Church, Board of Supervisors

   

Melissa Lukin, Community Overcoming Relationship Abuse (CORA)

   

Susan Manheimer, San Mateo Police Department

   

Sheriff Greg Munks, Sheriff’s Office

   

Elaine Tipton, Recipient

     
   

Motion: Tissier / Second: Jacobs Gibson

     

7.

9:15 a.m.

Presentation of a proclamation (2994) designating October 21, 2009 as National Day of Concern About Young People and Gun Violence (Supervisor Rose Jacobs Gibson)

     
   

Speakers recognized by the President:

   

Supervisor Rose Jacobs Gibson, Board of Supervisors

   

Adrian Martinez, Jerico Project

     
   

Motion: Jacobs Gibson / Second: Groom

     

8.

9:15 a.m.

Presentation on new options for WIC families: WIC Brings Healthier Food to our Community (Supervisor Rose Jacobs Gibson)

     
   

Speakers recognized by the President:

   

Supervisor Rose Jacobs Gibson, Board of Supervisors

   

Mary Hansel, Health System

   

Eliana Schultz, Health System

     

9.

9:30 a.m.

A)

Presentation of a proclamation (2995) designating October 2009 as Disabilities Awareness Month

       
   

B)

Presentation of the Annual Report by the Commission on Disabilities (Supervisor Carole Groom)

       
   

Speakers recognized by the President:

   

Supervisor Carole Groom, Board of Supervisors

   

Susy Castoria, Commission on Disabilities

     
   

Motion: Tissier / Second: Gordon

     
     

10.

9:30 a.m.

Acting as the Governing Board of the Housing Authority, conduct a public hearing to consider Resolution No. 2009-11 amending the Moving to Work Annual Plan for 2009-2010 (Governing Board)

     
   

A)

Report and recommendation

       
   

B)

Close public hearing

       
     

Motion: Tissier / Second: Groom

       
   

C)

Resolution (070421):

       
     

1)

Amending the Annual Plan to include specific rule changes for project-basing vouchers after the Public Housing disposition process and specific revisions to the use of the Housing Authority’s Public Housing Capital Funds and the American Recovery and Reinvestment Act funds

         
     

2)

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 amendments

         
   

Speakers recognized by the President:

   

Duane Bay, Department of Housing

   

Supervisor Rose Jacobs Gibson, Board of Supervisors

     
   

Motion: Tissier / Second: Jacobs Gibson

     
   

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

   

Tissier

   

Noes: None

     

11.

9:30 a.m.

Conduct a public hearing to consider a Design Review and Grading Permit to allow construction of a 5,364 square foot single-family residence with an attached 635 square foot garage, grading of 985 cubic yards and removal of 12 trees on a 20,001 square foot parcel located on Estrada Place, unincorporated Palomar Park area (Owners/Applicants: Babak and Shahla Ehteshami/ Appellants: Kurt Oppenheimer and James Goodrich): (Planning and Building)

     
   

A)

Report and recommendation

     
   

B)

Close public hearing

       
     

Motion: Jacobs Gibson / Second: Tissier

       
   

C)

Approve or deny appeal

       
     

Motion: Gordon - Uphold appeal and refer back to the Planning Commission / Second: Groom

       
     

Ayes: Supervisors Groom, Gordon and Tissier

     

Noes: Supervisors Church and Jacobs Gibson

       
   

Speakers recognized by the President:

   

Lisa Grote, Planning and Building

   

Kurt Oppenheimer, Appellant

   

Shahla Ehteshami, Applicant

   

John Claude, Redwood City

   

Sue Oppenheimer, Redwood City

   

Farhad Montazavi, Lincoln

   

Leon Glahn, Palomar Property Owners

   

Rich Landi, Palomar Park

   

Tom Rice, Palomar Park

   

Kate Fitzgerald, Palomar Property Owners

   

George Abinader, Palomar Park

   

Joseph Marshall, Redwood City

   

Fara Tabrizi, Redwood City

   

Lee da Silva, San Carlos

   

John G. Day, Palomar Park

   

Lennie Roberts, Committee for Green Foothills

   

Kathryn Bedbury, Palomar Park

   

John S. Mondice, Redwood City

   

Stella Katakis, Redwood City

   

Mehri Alian, Redwood City

   

Vivian Abinader, Palomar Park

   

J.R. Rodine, Reno

   

Babak Ehteshami, Applicant

   

Glen Romig, Goetechnical Engineer, Applicant

   

Jim Mazzeta, Planning and Building

   

Supervisor Adrienne Tissier, Board of Supervisors

   

Supervisor Mark Church, Board of Supervisors

   

Supervisor Carole Groom, Board of Supervisors

     

12.

1:30 p.m.

Presentation of Service Awards (455 County Center, Room 101, Redwood City) (County Manager)

REGULAR AGENDA

PUBLIC WORKS

13.

Resolution (070422): approving the operations agreement with South Bay Recycling, LLC for operation of the Shoreway Recycling and Disposal Center in San Carlos

   
 

This item was moved to the Consent agenda.

   

14.

Resolution (070423):

   
 

A)

Approving the franchise agreement with Recology San Mateo County for the collection of recyclable and organic materials and solid waste in County Service Area 8, North Fair Oaks area and in the remainder of the unincorporated South Bayside Waste Management Authority Service Area, Burlingame to Menlo Park for the term of January 1, 2011 through December 31, 2020

   
 

B)

Authorizing and directing the County Manager or his designee to execute the agreement in substantially the form presented with such non-substantive additions, clarifications and other changes as deemed necessary or advisable after consultation with County Counsel

     
   

This item was moved to the Consent agenda.

COUNTY MANAGER

15.

County Manager’s report:

   
 

Monthly report on the American Recovery and Reinvestment Act of 2009 funding to San Mateo County

   
 

Speakers recognized by the President:

 

David S. Boesch, County Manager

BOARD OF SUPERVISORS

16.

Resolution (070424) authorizing:

   
 

A)

An amendment to the agreement with Pacific Gas and Electric Company for a Fluorescent Lamp Recycling Program, extending the term through December 31, 2010, increasing the amount by $40,000 to $90,000

     
 

B)

The Chief of the Health System or her designee to execute minor amendments to the agreement

     
   

Speakers recognized by the President:

   

Supervisor Mark Church, Board of Supervisors

   

Nicole Yelich, Pacific Gas and Electric Company

   

17.

Board members’ committee reports

   
 

Supervisor Rose Jacobs Gibson announced San Mateo County is starting a new program to encourage residents to become active or continue to be active by taking a hike in our county parks. The first hike is Saturday, October 24, 2009 at San Bruno Mountain starting at 9:00 a.m., another starts at 10:00 a.m. and the last one begins at 10:30 a.m., Saturday, November 7, 2009 at Edgewood Park Reserve starting at 9:00 a.m. with the final hike on Saturday, November 14,, 2009 at the Bay Trail, Coyote Point Recreation Area starting at 9:00 a.m.

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.

 

18.

Approve the minutes for the meeting of October 6, 2009

BOARD OF SUPERVISORS

19.

Resolution (070425) opposing the contracting out of human services eligibility operations (Housing, Health and Human Services Standing Committee: Supervisors Carole Groom and Rose Jacobs Gibson)

   

20.

Recommendation for the reappointment of Dennis Pantano to the Assessment Appeals Board, term expiring September 30, 2012 (Supervisor Mark Church)

   

21.

Ratification of a resolution (2996) honoring Walter Haag as the Millbrae 2009 Man of Year (Supervisor Mark Church)

   

22.

Ratification of a resolution (2997) honoring Patricia Realini as the Millbrae 2009 Woman of the Year (Supervisor Mark Church)

   

23.

Ratification of a resolution (2998) honoring Samaritan House upon the opening of its new home located at 4031 Pacific Boulevard, San Mateo (Supervisor Mark Church)

   

24.

Ratification of a resolution (2999) honoring Ling Zhi Tang, Xiangfan City Secretary to promote the cooperation and joint ventures with businesses in the Bay Area (Supervisor Mark Church)

   

25.

Ratification of a resolution (3000) honoring the Xiangfan Friendship Association of North America to promote the cooperation and joint ventures with businesses in the Bay Area (Supervisor Mark Church)

   

26.

Ratification of a proclamation (3001) designating October 2009 as Filipino American History Month (Supervisor Adrienne Tissier)

COUNTY COUNSEL

27.

Resolution (070426) amending and restating Resolution No. 069385 authorizing the San Mateo Union High School District to sell school bonds directly, pursuant to applicable law

COUNTY MANAGER

28.

Resolution (070427) directing the County Manager or his designee to execute all documents necessary for San Mateo County to participate in the Association of Bay Area Governments Regional State Energy Program grant application

   

29.

Resolution authorizing:

   
 

A)

And directing the County Manager to identify job classifications most crucial to budget control and stabilization

     
 

B)

The offer of a cash incentive to employees in those job classifications to voluntarily separate from County service

   
 

This item was referred to the Finance and Operations Standing Committee and continued to the meeting on November 3, 2009.

   

30.

Resolution (070428) authorizing a transfer in the amount of $90,000 from Non-Departmental Reserves to Salaries and Benefits and Services and Supplies to fund a Census 2010 Coordinator position

   

31.

Adoption of an ordinance (04483) 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, previously introduced on October 6, 2009 and waiver of reading the ordinance in its entirety

HEALTH SYSTEM

32.

Resolution (070429) authorizing:

   
 

A)

An agreement with 505 Cypress Avenue, LLC/Industrial Hotel for the provision of emergency/transitional housing services for FYs 2009-12, in an amount not to exceed $182,700, $6,699 is Net County Cost for 2009-10

   
 

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.

Resolution (070430) authorizing:

   
 

A)

An agreement with Family Service Agency for the County to provide professional catering services for FYs 2009-12, in an amount not to exceed $301,530

   
 

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

   

34.

Resolution (070431) authorizing:

   
 

A)

An agreement with the Redwood City Child Development Program for the County to provide professional catering services for FYs 2009-12, in an amount not to exceed $156,964

   
 

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

   

35.

Resolution (070432) authorizing:

   
 

A)

An agreement with Mills-Peninsula Health Services for the provision of diagnostic and therapeutic services not available at the San Mateo Medical Center for the term of October 1, 2009 through September 30, 2011, in an amount not to exceed $500,000

   
 

B)

The Chief of the Health System or her designee to execute subsequent amendments and minor modifications, in an aggregate amount not to exceed $25,000

   
 

Supervisor Carole Groom recused herself from this item.

   
   

36.

Resolution (070433):

   
 

A)

Waiving the Request for Proposal process and authorizing an agreement with Peninsula Conflict Resolution Center for the provision of alcohol and drug prevention services for the term of November 1, 2009 through June 30, 2011, in an amount not to exceed $300,000, 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

   

37.

Resolution (070434) authorizing:

   
 

A)

An agreement with the San Mateo Health Commission, dba Health Plan of San Mateo for Medicare Advantage Plan services provided by the San Mateo Medical Center for the term of January 1, 2009 through December 31, 2009

   
 

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

   

38.

Resolution (070435) authorizing an amendment to the agreement with Asian American Recovery Services, Inc. for the provision of school-based mental health services to seriously emotionally disturbed students at middle schools, mental health authorized by the mental health plan, mental health outreach and engagement services for north San Mateo County, tobacco retail licensing policy education services and youth access to the tobacco policy education campaign, increasing the amount by $18,750 to $872,489, no Net County Cost

   

39.

Resolution (070436) authorizing:

   
 

A)

Amendments to the agreements with Anchor Drugs for the provision of pharmacy services at the:

     
   

1)

Mike Nevin Health Center, allowing for additional dispensing fees, increasing the amount by $128,000 to $488,000

       
   

2)

South San Francisco Health Center, allowing for additional dispensing fees, increasing the amount by $75,000 to $435,000

       
   

3)

Fair Oaks Family Health Center, allowing for additional dispensing fees, increasing the amount by $150,000 to $510,000

   
 

B)

An amendment to the agreement with Baneth’s Pharmacy for the provision of pharmacy services at the Willow Clinic, extending the term through March 31, 2010, increasing the amount by $90,000 to $450,000

     
     

HOUSING

40.

Resolution (070437) authorizing:

   
 

A)

An agreement with Shelter Network for the provision of shelter operations for FY 2009-10, in an amount not to exceed $163,000, no Net County Cost

   
 

B)

The Director of the Department of Housing or his designee to execute subsequent amendments and minor modifications, in an aggregate amount not to exceed $25,000

HUMAN RESOURCES

41.

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

   
 

Frank S. Blair

Komir, Inc.

 

Dennis L. James

Mario Ruben Pineda

   

42.

Resolution (070438):

   
 

A)

Waiving the Request for Proposal process and authorizing an agreement with Cornerstone OnDemand, Inc. to provide and support a Countywide Learning Management System and related services for the term of October 31, 2009 through October 30, 2012 with two additional one-year renewal options, in an amount not to exceed $1,027,730, no Net County Cost

   
 

B)

Authorizing the Human Resources Director or her designee to execute subsequent amendments and minor modifications, in an aggregate amount not to exceed $25,000 (Jointly with Information Services)

HUMAN SERVICES

43.

Resolution (070439) authorizing:

   
 

A)

An agreement with Daly City Peninsula Partnership Collaborative for the provision of after-school and kindergarten readiness services for the term of October 20, 2009 through June 30, 2010, in the amount of $183,304, $183,304 is Net County Cost

   
 

B)

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

   

44.

Resolution (070440) authorizing:

   
 

A)

An amendment to the agreement with the City of Redwood City and the Redwood City School District for the operational cost of the Redwood City Community Schools, increasing the amount by $113,676 to $227,352, $113,676 is Net County Cost

   
 

B)

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

   

45.

Resolution (070441) authorizing an amendment to the agreement with Jefferson Union High School District for the provision of a comprehensive year-round and Summer Youth Employment Program, increasing the amount by $369,590 to $1,334,444, no Net County Cost

PARKS

46.

Resolution (070442) authorizing:

   
 

A)

An agreement with TranSystems for the provision of engineering services to prepare plans, specifications and secure permits to dredge the Coyote Point Recreation Area Marina for the term of October 20, 2009 through February 28, 2011, in an amount not to exceed $139,569

   
 

B)

The Director of the Parks Department or his designee to execute subsequent amendments and minor modifications, in an aggregate amount not to exceed $25,000

PROBATION

47.

Resolution (070443):

   
 

A)

Waiving the Request for Proposal process and authorizing an agreement with Sentinel Offender Services, LLC for the provision of Electronic Monitoring Program services for FY 2009-10, in an amount not to exceed $155,000, $87,100 is Net County Cost

   
 

B)

Authorizing the Chief of the Probation Department or his designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

PUBLIC WORKS

48.

Adoption of an ordinance (04484) repealing Section 4.04.130 of Chapter 4.04 of Title 4 of the San Mateo County Ordinance Code on trash collection franchises, previously introduced on October 6, 2009 and waiver of reading the ordinance in its entirety

   

49.

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

SHERIFF

50.

Resolution (070444):

   
 

A)

Waiving the Request for Proposal process and authorizing an agreement with Johnson Controls, Inc. for the provision of preventative maintenance and repair services for security and alarm systems located at the Maguire Correctional Facility, the Maple Street Complex facilities including the Women’s Correctional Center and Sheriff’s Transportation/Court Security for the term September 1, 2009 through August 31, 2011, in an amount not to exceed $333,168

   
 

B)

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

     
     

51.

Resolution (070445) authorizing:

   
 

A)

An agreement with Stanfield Systems, Inc. for the provision of jail management system software, related hardware, services and three years of maintenance for the term of October 1, 2009 through September 30, 2014, in an amount not to exceed $1,252,511 including $89,000 for unanticipated changes in products or services

   
 

B)

The Sheriff or his designee to approve subsequent amendments and minor modifications to the agreement provided they can be made without an increase in the total contract amount

     

52.

Resolution (070446) authorizing:

     
 

A)

An amendment to the agreement with Central Medical Laboratory for the provision of phlebotomy services, adding a flat monthly rate in the amount of $5,000 to the payment terms

     
 

B)

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

     

53.

A)

Resolution (070447):

   
 

1)

Accepting the FY 2009-10 Paul Coverdell Forensic Science Improvement Grant award for the Forensic Laboratory, in the amount of $105,000, no Net County Cost

   
 

2)

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

     
 

B)

Resolution (070448) authorizing a transfer in the amount of $105,000 from Other Federal Grants to Fixed Assets and Capital Projects for the expenditure of the grant (4/5ths vote required)

   
   
 

The meeting was adjourned at 1:31 p.m. in memory of Frank L. Spadarella and Michael Joseph Callero.