REGULAR MEETING

SAN MATEO COUNTY BOARD OF SUPERVISORS

TUESDAY, DECEMBER 15, 2009

Tuesday, December 15, 2009

The meeting was called to order at 9:03 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

Speaker recognized by the President:

Bruce Hamilton, HIP Housing

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agenda are approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda.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

County Negotiator: Diana Doughtie

B)

Negotiations: DSA

County Negotiator: Keith Fleming

C)

Conference with Legal Counsel – Existing Litigation

Abovenet Communications v. CSBE

Sacramento County Superior Court Case No. 34-2007-00882854-CU-CO-GDS

Sprint Spectrum L.P. v. County of San Mateo, et al.

United States District Court Case No. C09-05022 SBA

Veragay, Gisella v. County of San Mateo

San Mateo County Superior Court Case No. CIV 473131

D)

Conference with Legal Counsel – Anticipated Litigation

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

One case

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

Two cases

The Board recessed to closed session at 11:35 a.m.

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

No reportable action was taken.

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.

Report from the Association of Bay Area Governments on their current activities (Supervisor Rose Jacobs Gibson)

Speakers recognized by the President:

Supervisor Rose Jacobs Gibson, Board of Supervisors

Henry Gardner, Executive Director, Association of Bay Area Governments

5.

9:00 a.m.

Accept the report from the Health System on the County’s effort to eliminate health disparities and achieve health equity in San Mateo County (Supervisor Rose Jacobs Gibson)

Speakers recognized by the President:

Supervisor Rose Jacobs Gibson, Board of Supervisors

Jean Fraser, Health System

Susan Takalo, Second Harvest Food Bank

Mike Akana, El Centro de Libertad

6.

9:00 a.m.

Public hearing to take testimony regarding the CaliforniaFIRST (CAFirst) Program a statewide renewable energy, energy efficiency and water conservation improvement financing district sponsored by the California Statewide Communities Development Authority and to consider a resolution: (County Manager)

A)

Report and recommendation

B)

Close public hearing

Motion: Gordon / Second: Jacobs Gibson

C)

Resolution (070549) making certain findings and authorizing:

1)

The County to participate in and join the CAFirst Program

2)

The California Statewide Communities Development Authority to accept applications from property owners

3)

Conducting contractual assessment proceedings and levy contractual assessments within the territory of the County, and related actions

Speakers recognized by the President:

Peggy Jensen, Deputy County Manager

Supervisor Carole Groom, Board of Supervisors

Supervisor Mark Church, Board of Supervisors

Motion: Groom / Second: Gordon

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

Noes: None

7.

9:15 a.m.

Presentation of resolutions (3014 through 3016) honoring the 2009 Women in County Government Award recipients: (Supervisor Carole Groom)

A)

Stacey Dague for Community Service

B)

Rocio Kiryczun for Self-Development

C)

Dr. Rachel Borovina for Public Service, The Extra Mile

Speakers recognized by the President:

Supervisor Carole Groom, Board of Supervisors

Brenda Bennett, President, Women in County Government

Christine Villanis, Juvenile Probation

Supervisor Adrienne Tissier, Board of Supervisors

Stacey Dague, Recipient of the Community Service Award

Donna Vaillancourt, Human Resources

Supervisor Rose Jacobs Gibson, Board of Supervisors

Rocio Kiryczun, Recipient of the Self-Development Award

Susan Erhlich, San Mateo Medical Center

Supervisor Carole Groom, Board of Supervisors

Dr. Rachel Borovina, Recipient of the Public Service, The Extra Mile Award

8.

9:15 a.m.

A)

Introduction of an ordinance adding Chapter 3.57 to Title 3 of the San Mateo County Ordinance Code regulating firearms dealers and ammunition sellers in the unincorporated area of the County and waiver of reading the ordinance in its entirety

B)

Introduction of an ordinance adding Chapter 3.55 to Title 3 of the San Mateo County Ordinance Code requiring the reporting of lost or stolen firearms and waiver of reading the ordinance in its entirety (Supervisor Rose Jacobs Gibson)

Speakers recognized by the President:

Mike Schrader, San Mateo

Walter Strong, Oak Dale

Robert Kerrigan, Colma

Daniel Lucero

Alice Weiss

G. Mitchell Kirk, National Rifle Association Members Council

D. Sprowls, San Mateo

Gene Hoffman, The Calguns Foundation

Richard C. Roistacher, Belmont

Kevin Thomason, Oakland

Minder Singh

William W.

James W.

Dave Menche, Redwood City

This item was pulled from the agenda.

9.

9:30 a.m.

Budget Study Session: (County Manager)

Resolution (070550) approving balanced approach, accelerated timeline, minimum reserve levels, and community forums as part of efforts to eliminate the General Fund structural budget imbalance by FY 2013

Speakers recognized by the President:

David S. Boesch, County Manager

Supervisor Adrienne Tissier, Board of Supervisors

Supervisor Mark Church, Board of Supervisors

Supervisor Rich Gordon, Board of Supervisors

Motion: Gordon / Second: Tissier

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

Noes: None

10.

Resolution (070551):

A)

Accepting a grant from the Bureau of Justice Assistance, U.S. Department of Justice through the Second Chance Act, Prisoner Reentry Initiative, Public Law 110-99 for FY 2009-10, in the amount of $677,674, no Net County Cost

B)

Authorizing the County Manager to execute the grant documents and any amendments

This item was moved to the consent agenda.

11.

County Manager’s report:

A)

Monthly update on the American Recovery and Reinvestment Act of 2009

B)

Resolution (070552) opposing the suspension of the U.S. Census Bureau's Partner Support Program

C)

Resolution (070553) in support of the Midcoast Park Lands funding request

This item was moved to the consent agenda.

12.

Board members’ committee reports

Supervisor Gordon announced his attendance at the California Coastal Commission meeting during which they adopted the LCP staff report with some minor amendments.

Heart Walk Chair Tissier and Co-Chair Rich Gordon thanked everyone who participated in the Heart Walk and helped raised $70,000.

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.

13.

Approve the minutes for the meeting of December 1, 2009

14.

Resolution (070554) authorizing:

A)

A Memorandum of Understanding (MOU) to allow participation of the Agricultural Commissioner/Sealer, the Department of Parks and the Department of Public Works in the San Mateo County Weed Management Area for the term of December 15, 2009 through June 30, 2014

B)

The Agricultural Commissioner to execute any documents necessary to implement the MOU, to seek grant funding for local weed control projects and enter into any amendments to the MOU that do not involve the expenditure or commitment of County funds

15.

A)

Resolution (070555) amending Resolution No. 068019 approving the County’s participation in the Electronic Recording Delivery System

B)

Resolution (070556) authorizing: (4/5ths vote required)

1)

A Memorandum of Understanding with SECURE to provide partner counties with an electronic recording system for a term of five years, in the amount of $175,000, no Net County Cost

2)

The Chief Elections Officer and Assessor-County Clerk-Recorder or his designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

16.

Recommendation for the reappointments of Linda Crowe and Louis A. Liberty, Esq. to the Board of Law Library Trustees, terms expiring December 31, 2012 (Supervisor Mark Church)

17.

Ratification of a resolution (3017) honoring Bill Dickenson for his years of service on the City Council of Belmont (Supervisor Carole Groom)

18.

Ratification of a resolution (3018) honoring Larry Franzella for his years of service as Mayor of the City of San Bruno (Supervisor Mark Church)

19.

Ratification of a resolution (3019) honoring Robert G. Gottschalk for his years of service on the City Council and Mayor of the City of Millbrae (Supervisor Mark Church)

20.

Ratification of a resolution (3020) honoring Fred Hansson for his years of leadership and community service and year of service on the City Council of the City of San Mateo (Supervisor Carole Groom)

21.

Ratification of a resolution (3021) honoring Kelly Lawrence upon her retirement from the Office of the Tax Collector-Treasurer-Revenue Services (Supervisor Mark Church)

22.

Ratification of a resolution (3022) honoring Mary Vella Treseler for her outstanding service as City Treasurer of the City of Millbrae (Supervisor Mark Church)

23.

Ratification of a resolution (3023) honoring the National Chinese American Jeweler’s Association upon the occasion of its Annual Gathering and the International Gem and Jewelry Show (Supervisor Carole Groom)

24.

Ratification of a resolution (3024) honoring Notre Dame de Namur University Department of Theatre and Dance and its community volunteers upon the occasion of its 23rd Annual production of The Gift (Supervisor Carole Groom)

25.

Ratification of a proclamation (3025) designating December 14, 2009 as Nene Della Maggiora Day in celebration of his 99th birthday (Supervisor Carole Groom)

26.

Resolution (070557) authorizing the San Mateo-Foster City School District to issue and sell Series A and Series Q Bonds without further action of the County

27.

Resolution (070558) setting salaries for all elected department heads for the calendar year commencing January 1, 2011

Speakers recognized by the President:

Supervisor Rich Gordon, Board of Supervisors

Michael Murphy, County Counsel

Supervisor Adrienne Tissier, Board of Supervisors

Supervisor Rose Jacobs Gibson, Board of Supervisors

Motion: Gordon / Second: Tissier

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

Noes: None

This item was moved to the regular agenda.

28.

Resolution (070559) appointing members to the 2010 Charter Review Committee

29.

Adoption of an ordinance (04485) amending Section 2.04.040 of Chapter 2.04 of Title 2 of the San Mateo County Ordinance Code relating to the creation of an Independent Citizens Review Panel to review allegations of serious official misconduct on the part of an elected County official, previously introduced on December 1, 2009 and waiver of reading the ordinance in its entirety

30.

Resolution (070560) authorizing an agreement with California Financial Services for the provision of financial advisory services related to the 2009 Lease Revenue Refunding Bonds for the term of October 1, 2009 through January 1, 2010, in an amount not to exceed $108,000, no Net County Cost

31.

Resolution (070561) authorizing:

A)

An amendment to the agreement with Hinderliter, de Llamas & Associates for the provision of sales tax audit, recovery and consulting services, extending the term through December 31, 2010, increasing the amount by $100,000 to $400,000, no Net County Cost

B)

The County Manager to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

32.

Resolution (070562) authorizing the District Attorney to:

A)

Submit a grant application to the California Emergency Management Agency for the Victim/Witness Assistance Program for FY 2009-10, in the amount of $380,081

B)

Execute the grant award agreement to receive such funds

33.

Resolution (070563) authorizing the District Attorney to:

A)

Submit a grant application to the California Emergency Management Agency for the Special Emphasis Program for FY 2009-10, in the amount of $110,000

B)

Execute the grant award agreement to receive such funds

34.

Acting as the Board of Commissioners of the Housing Authority, adopt a resolution (070564) approving an amendment to the Housing Authorities Administrative Plan to add a chapter that specifies Project-Based Voucher Program rules

35.

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, adopt a resolution (070565) requesting the San Mateo County Local Agency Formation Commission perform a municipal service review and sphere of influence study to evaluate the benefit and feasibility of consolidating all ten Sewer Maintenance/Sanitation Districts operated and maintained by the County

36.

Resolution (070566) authorizing an agreement with the State Department of Mental Health for the purchase of services at State Hospitals for FY 2008-09, in the amount of $1,149,341, no Net County Cost

37.

A)

Resolution (070567) authorizing an agreement with the California Department of Public Health for the provision of public health emergency preparedness services for FY 2009-10, in the amount of $1,184,499, no Net County Cost

B)

Resolution (070568) authorizing a transfer in the amount of $1,085,790 from unanticipated revenue to various accounts to continue the H1N1 planning and response activities (4/5ths vote required)

38.

Resolution (070569) authorizing:

A)

An agreement with the City and County of San Francisco for the provision of primary health care, case management and support services to individuals with HIV/AIDS for the term of March 1, 2009 through February 28, 2010, in the amount of $2,069,926, $439,996 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

39.

Resolution (070570) authorizing:

A)

An agreement with the City of Redwood City as fiscal agent of Redwood City 2020 for the provision of alcohol and drug prevention services for the term of November 3, 2009 through June 30, 2011, in an amount not to exceed $275,000, 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

40.

Resolution (070571) waiving the Request for Proposal process and authorizing an amendment to the agreement with the Service League of San Mateo County to incorporate a re-entry system to reduce recidivism among County jail inmates, increasing the amount by $488,700 to $5,091,734, $92,100 is Net County Cost

41.

Resolution (070572) authorizing:

A)

An amendment to the purchase order with GE Healthcare Technologies for the purchase of a 64 slice CT Scanner, extending the term through December 31, 2009, increasing the amount by $7,000 to $929,000, 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

42.

Resolution (070573) accepting the revisions to the County’s Healthcare for the Medically Indigent policy in alignment with the County’s Welfare and Institutions Code Section 170000 responsibilities (Jointly with County Counsel)

43.

Resolution (070574) authorizing:

A)

An agreement with the Service League of San Mateo County for the renovation of the Hope House for Women activity room for the term of December 1, 2009 through June 30, 2010, in an amount not to exceed $117,000, no Net County Cost

B)

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

44.

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

California State Automobile Association/Tony Nguy

Justine Lauderback

Eddieowens Gill

Sindy Vilchez

45.

Resolution (070575):

A)

Waiving the Request for Proposal process and authorizing the Director of the Human Resources Department to renew coverage with Kaiser, Aetna, Blue Shield and Secure Horizons for the provision of health benefits to County employees, retirees and their dependents for the term of January 1, 2010 through December 31, 2010, in an amount not to exceed $82,690,167

B)

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

46.

Adoption of an ordinance (04486) amending the salary ordinance and accepting the report on the total number of positions in the County, previously introduced on December 1, 2009 and waiver of reading the ordinance in its entirety

47.

Resolution (070576) authorizing:

A)

An amendment to the agreement with the San Mateo County Superintendent of Schools for the provision of after-school academic program grants to local school districts in the County, extending the term through December 31, 2010, increasing the amount by $300,000 to $900,000, $300,000 is Net County Cost

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

48.

Resolution (070577) authorizing an amendment to the agreement with SysApproach, Inc. for the provision of consulting services, extending the term through December 31, 2010, increasing the amount by $176,000 to $414,400

49.

Resolution (070578) amending the Department of Parks fee schedule

50.

Resolution (070579):

A)

Waiving the Request for Proposal process and authorizing an agreement with Youth and Family Enrichment Services for the provision of mental health services to girls at the Margaret J. Kemp Camp and in the GIRLS aftercare program for FY 2009-10, in an amount not to exceed $250,000

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

51.

Resolution (070580):

A)

Awarding a contract to Soil Engineering Construction, Inc. for the Seal Cove Trail Improvement Project, Fitzgerald Marine Reserve, Moss Beach area, in the amount of $239,625

B)

Authorizing the Director of the Department of Public Works to issue contract change orders, in an amount not to exceed $47,925

52.

Resolution (070581) authorizing an amendment to the agreement with Hellmuth, Obata & Kassabaum, Inc. for the provision of county-wide space utilization, master planning services and additional planning services for the San Mateo County Master Plan, increasing the amount by $80,500 to $519,500

53.

Resolution (070582) authorizing the Director of the Department of Public Works to submit an application to the Metropolitan Transportation Commission for the State Transportation Improvement Program Transportation Enhancement Program funding to finance a revised project scope to include the installation of colored bike lanes on Alameda de las Pulgas, West Menlo Park and Sequoia Tract areas

54.

Resolution (070583) approving a revised work plan for utilizing the 2007-08, 2007-08 Supplemental and 2008-09 Appropriations of Proposition 1B Transportation Bond funds (4/5ths vote required)

55.

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

The meeting was adjourned at 12:11 p.m. in memory of Marie Loretta.