PLEASE NOTE THERE WILL BE NO MEETING OF THE
BOARD OF SUPERVISORS ON APRIL 7 AND 21, 2009

REGULAR MEETING

SAN MATEO COUNTY BOARD OF SUPERVISORS

TUESDAY, MARCH 31, 2009

 
 

A copy of the Board of Supervisors’ agenda packet is available for review at the Law Library, 710 Hamilton Street @ Marshall Street, across from the Hall of Justice. The library is open Monday through Thursday 8 a.m. - 8 p.m., Friday 8 a.m. - 5 p.m., and Saturday 12 p.m. - 4 p.m.

 

Meetings are accessible to people with disabilities. Individuals who need special assistance or a disability-related modification or accommodation (including auxiliary aids or services) to participate in this meeting, or who have a disability and wish to request an alternative format for the agenda, meeting notice, agenda packet or other writings that may be distributed at the meeting, should contact Rebecca Romero, Agenda Administrator at least 2 working days before the meeting at (650) 363-1802 and/or rxromero@co.sanmateo.ca.us. Notification in advance of the meeting will enable the County to make reasonable arrangements to ensure accessibility to this meeting and the materials related to it. Attendees to this meeting are reminded that other attendees may be sensitive to various chemical based products.

 

If you wish to speak to the Board, please fill out a speaker’s slip located on the table near the door. If you have anything that you wish distributed to the Board and included in the official record, please hand it to the Clerk of the Board who will distribute the information to the Board members and staff.

 

PLEDGE OF ALLEGIANCE

ROLL CALL

1.

8:15 a.m.

CLOSED SESSION

   

A)

Conference with Legal Counsel – Existing Litigation

   
 

Genentech, Inc. v. San Mateo County et al

 

San Mateo County Superior Court Case No. 456781

   
 

In re Lehman Brothers Holdings, Inc.

 

United States Bankruptcy Court, Southern District of New York,

 

Case No. 08-13555 (JMP)

   
 

Sprint Spectrum L.P. v. County of San Mateo

 

United States District Court Case No. C08-00342 CW

   

B)

Conference with Legal Counsel – Anticipated Litigation

   
 

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

   
 

Two matters

   
 

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

   
 

One matter

   

2.

9:00 a.m.

REGULAR AGENDA
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.

     

3.

9:00 a.m.

Presentation of the Employee of the Month Award for March 2009 to Danielle Lee, Resource Conservation Specialist, Department of Public Works (County Manager)

   

Supporting Document

     

4.

ORAL COMMUNICATIONS

   

If your subject is not on the agenda, the President will recognize you at this time. Speakers are customarily limited to two minutes. A speaker’s slip is required.

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.

 

5.

9:00 a.m.

Investment Policy Update: (County Manager and the Treasurer)

   

A)

Presentation from Public Finance Management (PFM) on Risk Analysis of the Treasurer's Investment Pool

   

B)

Accept the PFM report and response from the County Treasurer

     

Supporting Document Memo

     

Supporting Document Attachment

     

Supporting Document Attachment

     

6.

9:15 a.m.

A)

Presentation by Breathe California on the dangers posed to youth by pervasive images of tobacco products and tobacco use in feature films

   

B)

Resolution calling for regulations and restrictions on the inclusion of tobacco products and tobacco use in feature films (Supervisor Adrienne Tissier)

     

Supporting Document Memo

     

Supporting Document Resolution

     

7.

9:30 a.m.

Acting as the Board of Commissioners of the Housing Authority, adopt Resolution No. 2009-02: (Governing Board)

   

A)

Approving the 2009-10 Moving to Work Annual Plan and revised Administrative Plan language necessary to implement the Annual Plan

   

B)

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

     

Supporting Document Memo

     

Supporting Document Resolution

     

Supporting Document Attachment

     

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. (Planning and Building Department)

   

A)

Report and recommendation

   

B)

Close public hearing

   

C)

Approve or deny appeal

     

Supporting Document Executive Summary

     

Supporting Document Memo

     

Supporting Document Attachment

     

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. (Planning and Building Department)

   

A)

Report and recommendation

   

B)

Close public hearing

   

C)

Approve or deny appeal

     

Supporting Document Executive Summary

     

Supporting Document Memo

     

Supporting Document Attachment

REGULAR AGENDA

PUBLIC WORKS

10.

Resolution: (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

   

Supporting Document Executive Summary

   

Supporting Document Memo

   

Supporting Document Resolution

   

Supporting Document Attachment

COUNTY MANAGER

11.

A)

Accept a report on the status of the Economic Urgency Initiative

 

B)

Resolution authorizing the County Manager to approve funding requests for emergency assistance to a maximum of $500,000 through December 31, 2010

 

C)

Resolution authorizing a transfer in the amount of $500,000 from Non-Departmental Reserves to Non-Departmental Grants and Contributions

   

Supporting Document Memo

   

Supporting Document Resolution

   

Supporting Document Appropriation Transfer Request

   

12.

County Manager’s report:

 

Detailed Analysis of the 2009-10 State Budget

   

Supporting Document

BOARD OF SUPERVISORS

13.

Board members’ committee reports

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.

ASSESSOR-COUNTY CLERK-RECORDER

14.

Resolution authorizing the Chief Elections Officer to render specified election services for the:

 

A)

City of Pacifica in conjunction with a Special Mail Ballot Election to be held on Tuesday, May 19, 2009

 

B)

Redwood City School District for a Special Election to be held on Tuesday, June 2, 2009

   

Supporting Document Memo

   

Supporting Document Resolution

BOARD OF SUPERVISORS

15.

Recommendation for the appointments of Walter Shjeflo and Craig Collins as alternates to the Assessment Appeals Board, terms expiring September 30, 2011 (Supervisors Mark Church and Rich Gordon)

 

Supporting Document

   

16.

Recommendation for the reappointments of the following to the San Mateo County Confined Animal Technical Advisory Committee: (Supervisor Rich Gordon)

 

A)

Rich Allen and Adda Quinn, terms expiring March 31, 2010

 

B)

Bob Lemos and Lennie Roberts, terms expiring March 31, 2011

 

C)

Dean Peterson, term expiring March 31, 2012

   

Supporting Document

   

17.

Recommendation for the reappointments of Linda Crowe and Louis Liberty to the Law Library Board of Trustees, terms expiring December 31, 2009 (Supervisor Mark Church)

 

Supporting Document

18.

Ratification of a resolution honoring Perla Gange Ibarrientos upon being honored by the Pilipino Bayanihan Resource Center for 20 years of community service (Supervisor Adrienne Tissier)

 

Supporting Document

   

19.

Ratification of a resolution honoring Dennis O’Rourke upon his retirement from the County Manager’s Office (Supervisor Adrienne Tissier)

 

Supporting Document

   

20.

Ratification of a resolution honoring Lieutenant J. David Triolo upon his retirement from the Sheriff’s Office (Supervisor Adrienne Tissier)

 

Supporting Document

   

21.

Ratification of a resolution honoring Donald S. Wetteland upon his retirement from the Department of Public Works (Supervisor Adrienne Tissier)

 

Supporting Document

CONTROLLER

22.

A)

Resolution:

   

1)

Waiving the Request for Proposal process and authorizing an agreement with SunGard Public Sector Bi-Tech for the provision of application service provider services for integrated financial and administrative solution systems for the term of March 31, 2009 through March 31, 2012, in an amount not to exceed $382,624

   

2)

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

 

B)

Resolution authorizing a transfer in the amount of $174,696 from Reserves to Other Professional Contract Services to cover the cost for the first year and associated one-time implementation costs

   

Supporting Document Memo

   

Supporting Document Resolution

   

Supporting Document Attachment

   

Supporting Document Appropriation Transfer Request

COUNTY COUNSEL

23.

Resolution authorizing the County Manager to execute notifications of non-action in connection with Pooled Tax and Revenue Anticipation Notes, including one for the San Mateo-Foster City School District for its participation in the California Education Notes Financing Program

 

Supporting Document Memo

 

Supporting Document Resolution

GOVERNING BOARD

24.

Acting as the Board of Commissioners of the Housing Authority, adopt Resolution No. 2009-03 authorizing the Director of the Department of Housing to execute an amendment to the agreement with the U.S. Department of Housing and Urban Development for the Housing Choice Voucher and Public Housing Program, amending the calculation of subsidies

 

Supporting Document Memo

 

Supporting Document Resolution

 

Supporting Document Attachment

   

25.

Acting as the Board of Commissioners of the Housing Authority, adopt Resolution No. 2009-04 authorizing the acceptance and use of American Recovery and Reinvestment Act Capital Grant Funds 2009 to carry out capital and management activities at the Housing Authority’s public housing developments, in the amount of $366,511

 

Supporting Document Memo

 

Supporting Document Resolution

 

Supporting Document Attachment

   

26.

Acting as the In-Home Supportive Services Public Authority, adopt a resolution authorizing a transfer in the amount of $637,322 from Realignment and State funds to Individual Provider Pay to cover the cost of additional clients (4/5ths vote required)

 

Supporting Document Memo

 

Supporting Document Appropriation Transfer Request

   

27.

Acting as the Governing Board of the Emerald Lake Heights Sewer Maintenance District, adopt a resolution for the repair of sanitary sewer lines damaged by landslides in the vicinity of Park Road and Springdale Way, Emerald Lake Hills area, increasing the amount by $20,000 to $291,018

 

Supporting Document Memo

 

Supporting Document Resolution

HEALTH SYSTEM

28.

Resolution:

 

A)

Waiving the Request for Proposals process and authorizing an agreement with HFS Consultants for the provision of an Interim Chief Financial Officer for the San Mateo Medical Center for the term of January 5, 2009 through September 30, 2009, in an amount not to exceed $359,000, $359,000 is 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

   

Supporting Document Memo

   

Supporting Document Resolution

   

Supporting Document Agreement

   

29.

Resolution:

 

A)

Waiving the Request for Proposals process and authorizing an agreement with IV Assist, Inc. for the provision of professional specialty peripherally inserted central catheter line services for the term of May 1, 2009 through April 30, 2012, in an amount not to exceed $525,000, $525,000 is 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

   

Supporting Document Memo

   

Supporting Document Resolution

   

Supporting Document Agreement

   

30.

Resolution:

 

A)

Waiving the Request for Proposals process and authorizing an agreement with Toyon Associates, Inc. for the provision of third-party reimbursement services to the San Mateo Medical Center for the term of March 1, 2009 through June 30, 2012, in an amount not to exceed $708,940, $708,940 is 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

   

Supporting Document Memo

   

Supporting Document Resolution

   

Supporting Document Agreement

   

31.

Resolution authorizing:

 

A)

An agreement with Unity Care Group, Inc. for the provision of mental health, individual and group therapy, medication support, crisis intervention and therapeutic behavioral services for the term of August 28, 2008 through June 30, 2010, in an amount not to exceed $280,900, $29,520 is Net County Cost for FY 2008-09

 

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

   

Supporting Document Memo

   

Supporting Document Resolution

   

Supporting Document Agreement

   

32.

Resolution authorizing:

 

A)

An amendment to the agreement with Avid Translation for the provision of professional services, increasing the amount by $117,000 to $201,000, 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

   

Supporting Document Memo

   

Supporting Document Resolution

   

Supporting Document Agreement

   

33.

A)

Resolution authorizing an amendment to the agreement with Health Advocates, LLC for the provision of cost recovery and legal services, increasing the amount by $1,000,000 to $3,280,000

 

B)

Resolution authorizing a transfer in the amount of $1,000,000 from Unanticipated Revenue to Contract Special Program Services (4/5ths vote required)

   

Supporting Document Memo

   

Supporting Document Resolution

   

Supporting Document Agreement

   

Supporting Document Appropriation Transfer Request

   

34.

Resolution authorizing an amendment to the agreement with Telecare Corporation for the provision of direct observation therapy services for non-adherent tuberculosis patients at the Cordilleras Mental Health Center, increasing the payment rate by $4 to $240 per bed/day, increasing the amount by $101,460 to $7,398,510, no Net County Cost

 

Supporting Document Memo

 

Supporting Document Resolution

 

Supporting Document Agreement

   

35.

Resolution authorizing an amendment to the agreement with Toyon Associates, Inc. for the provision of reimbursement services, increasing the amount by $100,000 to $300,000, $300,000 is Net County Cost

 

Supporting Document Memo

 

Supporting Document Resolution

 

Supporting Document Agreement

   

36.

Resolution authorizing:

 

A)

An amendment to the agreement with Roger Way for the provision of grant writing services, increasing the amount by $60,000 to $170,000, 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

   

Supporting Document Memo

   

Supporting Document Resolution

   

Supporting Document Agreement

HUMAN RESOURCES

37.

A)

Report recommending denial of the following claims:

   
   

Claims (Non-Culpable)

   
 

Joselhoroy Abao

Allan Slaughter

 

Robert Grimes

Larissa Tibbles

 

Rochelle Frances Richards

 
     
 

B)

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

     
   

John L. Arbogast

Quincy D. Norton

   

Supporting Document

PLANNING AND BUILDING

38.

A)

Resolution authorizing:

   

1)

An amendment to the agreement with Christopher A. Joseph & Associates to prepare Draft and Final Environmental Impact Reports for the Big Wave Project, extending the term through June 30, 2010, increasing the amount by $137,700 to $342,102, no Net County Cost

   

2)

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

 

B)

Resolution authorizing a transfer in the amount of $137,700 from Unanticipated Revenue to Contractual Services in connection with the amendment to the agreement (4/5ths vote required)

   

Supporting Document Memo

   

Supporting Document Resolution

   

Supporting Document Agreement

   

Supporting Document Appropriation Transfer Request

PUBLIC WORKS

39.

Resolution authorizing:

 

A)

Agreements with C&S Companies, Coffman Associates, Kennedy/Jenks Consultants, Mead and Hunt, Inc. and Parsons Brinckerhoff for omnibus airport planning and engineering services at the San Carlos and Half Moon Bay Airports, in a total amount not to exceed $2,000,000

 

B)

The Director of the Department of Public Works to extend the term for two additional one-year terms

   

Supporting Document Memo

   

Supporting Document Resolution

   

Supporting Document Agreement

   

40.

Resolution authorizing:

 

A)

An agreement with Universal Building Services for the provision of janitorial services in County owned and leased facilities for the term of April 14, 2009 through June 30, 2012, in an amount not to exceed $1,033,676

 

B)

The Director of the Department of Public Works to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

   

Supporting Document Memo

   

Supporting Document Resolution

   

Supporting Document Agreement

   

Supporting Document Attachment

   

41.

Resolution:

 

A)

Awarding a contract to Chase Contracting, Inc., dba Quality Air Services for the cleaning of HVAC ductwork at the Burlingame Long Term Care Facility, in the amount of $68,820

 

B)

Authorizing the Director of the Department of Public Works to execute contract revision orders related to the cleaning of HVAC ductwork, in an amount not to exceed $10,323 in aggregate

   

Supporting Document Memo

   

Supporting Document Resolution

   

Supporting Document Attachment

   

42.

Resolution:

 

A)

Awarding a contract to Valley Slurry Seal Co. for the 2009 Bayside Cape and Slurry Seal Project, Emerald Lake Hills area, in the amount of $251,184.26

 

B)

Authorizing the Director of the Department of Public Works to execute contract change orders, in an amount not to exceed $25,100 in aggregate

   

Supporting Document Memo

   

Supporting Document Resolution

   

Supporting Document Attachment

   

43.

Resolution authorizing the Director of the Department of Public Works to execute additional contract revision orders for access improvements on the 2nd, 3rd, 4th and 5th floor toilet rooms located at 455 County Center, Redwood City, increasing the not to exceed amount by $33,882 to $69,402

 

Supporting Document Memo

 

Supporting Document Resolution

   

44.

A)

Resolution authorizing the installation of a yield sign, North Fair Oaks area

 

B)

Resolution establishing five time limited parking zones, North Fair Oaks and Broadmoor areas

 

C)

Resolution amending a no parking zone, North Fair Oaks area

 

D)

Resolution establishing a no parking zone, North Fair Oaks area

 

E)

Resolution amending a time limited parking zone, Broadmoor area

 

F)

Resolution establishing a drop-off zone, Broadmoor area

   

Supporting Document Memo

   

Supporting Document Resolution

   

Supporting Document Resolution

   

Supporting Document Resolution

   

Supporting Document Resolution

   

Supporting Document Resolution

   

Supporting Document Resolution

   

Supporting Document Attachment

   

Supporting Document Attachment

   

45.

Resolution adopting plans and specifications including conformance with prevailing wage scale requirements and calling for sealed proposals for the resurfacing of the Maguire Correctional Facility Outdoor Recreation Deck located at 300 Bradford Street, Redwood City

 

(Tuesday, May 5, 2009 at 2:30 p.m.)

 

Supporting Document Memo

 

Supporting Document Resolution

   

46.

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

 

Supporting Document

SamCERA

47.

Resolution setting the employer and employee retirement contribution rates for FY 2009-10 for the San Mateo County Employee’s Retirement Association in accordance with Government Code Sections 31453 and 31454

 

Supporting Document Memo

 

Supporting Document Resolution

   

48.

Resolution approving the Board of Retirement Regulations sections 4.12, 4.13 and 4.14 regarding post-retirement employment and establishment of normal retirement ages

 

Supporting Document Memo

 

Supporting Document Resolution

   
   
   

Telecasts of the San Mateo County Board of Supervisors meetings can be seen throughout most of San Mateo County, Thursdays at 7:30PM, replayed on Fridays at 8:00AM and Saturdays at 10:00AM on Peninsula TV Channel 26. Palo Alto Cable viewers can see the meetings Thursday nights at 7:00PM on Channel 29. For more information on air dates for other communities, please contact Peninsula TV at (650) 637-1936.

 

Public records that relate to any item on the open session agenda for a regular board meeting are available for public inspection. Those records that are distributed less than 72 hours prior to the meeting are available for public inspection at the same time they are distributed to all members, or a majority of the members of the Board. The Board has designated the office of the Clerk of the Board of Supervisors, located at 400 County Center, Redwood City, CA 94063, for the purpose of making those public records available for inspection. The documents are also available on the County's Internet Web site, at the link for Board of Supervisors agendas for upcoming meetings. The website is located at: http://www.co.sanmateo.ca.us/smc/department/bos/home/0,2151,1864_26218,00.html. The San Mateo County Ordinance Code can be accessed on the World Wide Web at: http://municipalcodes.lexisnexis.com/codes/sanmateo/index.htm