PLEASE NOTE THERE WILL BE NO MEETING OF THE
BOARD OF SUPERVISORS ON MAY 12 AND 26, 2009

REGULAR MEETING

SAN MATEO COUNTY BOARD OF SUPERVISORS

TUESDAY, APRIL 28, 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)

IHSS

   
 

County Negotiator: Fran Buchanan

   

B)

Conference with Legal Counsel – Existing Litigation

   
 

Elia and Elia v. San Mateo County et al.

 

San Mateo County Superior Court Case No. 475562

   
   
 

In re Dragon Bakovic

 

WCAB Claim No. SM 202178

   
 

In re Stephen Medina

 

WCAB Claim No. SM 201924

   
 

San Francisco Baykeeper v. County of San Mateo

 

United States District Court Case No. CV08-3951 BZ

   
 

Toschi v. County of San Mateo, et al.

 

United States District Court Case No. C07-3625JL

   

C)

Conference with Legal Counsel – Anticipated Litigation

   
 

Significant exposure to litigation pursuant to subdivision (b) 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.

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.

 

4.

9:00 a.m.

Presentation of a proclamation designating April 26 through May 2, 2009 as National Crime Victims’ Rights Week (Supervisor Mark Church)

   

Supporting Document

     

5.

9:00 a.m.

Presentation of a resolution honoring San Francisco International Airport’s West of Bayshore Habitat Enhancement Project Team for their outstanding level of dedicated and professional service (Supervisor Mark Church)

   

Supporting Document

     

6.

9:00 a.m.

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, conduct a public hearing to consider adopting an ordinance on the sewer service rate increases for the Burlingame Hills Sewer Maintenance District and Crystal Springs County Sanitation District: (Governing Board)

   

A)

Report and recommendation

   

B)

Close public hearing

   

C)

Adoption of an ordinance amending Section 4.32.020 of Chapter 4.32 of Title 4, Sanitation and Health Ordinance Code setting FY 2009-10 sewer service rates for the Burlingame Hills Sewer Maintenance District and the Crystal Springs County Sanitation District, previously introduced on March 3, 2009 and waiver of reading the ordinance in its entirety

     

Supporting Document Executive Summary

     

Supporting Document Memo

     

Supporting Document Ordinance

     

Supporting Document Attachment

       

7.

9:15 a.m.

A)

Accept the progress report on the Green Building Program: (Planning and Building Department)

     

1)

Direct the Green Building Task Force and staff to conduct public outreach meetings to discuss potential amendments to the Green Building Program

     

2)

Return to the Board of Supervisors in the Fall with a updated progress report and any proposed program amendments

   

B)

Presentation of a certificate of appreciation to Mike Dethlefsen for the first new single-family residence completed under the County’s Green Building Program

     

Supporting Document Executive Summary

     

Supporting Document Memo

     

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. (Continued from the meeting of March 31, 2009) (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. (Continued from the meeting of March 31, 2009) (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.

County Manager’s report:

 

Update on Lehman Brother's Holding, Inc.

 

Supporting Document Memo

 

Supporting Document Attachment

 

Supporting Document Attachment

BOARD OF SUPERVISORS

12.

Introduction of an ordinance adding Chapter 5.148 to Title 5 of the San Mateo County Ordinance Code relating to regulation of collective cultivation and distribution of medical marijuana (Housing, Health and Human Services Standing Committee: Supervisors Carole Groom and Rose Jacobs Gibson)

 

Supporting Document Memo

 

Supporting Document Ordinance

 

Supporting Document Attachment

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.

BOARD OF SUPERVISORS

14.

Recommendation for the appointment of Delores A. Farrell to the Civil Service Commission representing the Fourth District, term expiring December 31, 2012 (Supervisor Rose Jacobs Gibson)

   

15.

Recommendation for the appointments of Juan De Leon, Rosalba Velazquez, Manuel Ramirez, and Beatriz Cerrillo to the North Fair Oaks Community Council, terms expiring December 31, 2011 (Supervisor Rose Jacobs Gibson)

   

16.

A)

Recommendation for the reappointments of Karen Wilson, Thomas Daly and Ronald Madson to the San Mateo County Coastside Design Review Committee, terms expiring March 31, 2010

 

B)

Recommendation for the reappointments of Barbara Lewicki and Linda Montalto Patterson as alternates to the San Mateo County Coastside Design Review Committee, terms expiring March 31, 2010 (Supervisor Rich Gordon)

   

Supporting Document

   

17.

Ratification of a resolution honoring Inez Paepcke as Burlingame Bodies San Mateo County 2009 Teacher of the Year (Supervisor Mark Church)

 

Supporting Document

CONTROLLER

18.

Resolution approving the modification of the compensation schedule set forth in the agreements for compensation to San Mateo County for collection of special assessments with cities and special districts for FY 2009-10

 

Supporting Document Memo

 

Supporting Document Resolution

 

Supporting Document Attachment

   

19.

Resolution approving the modification of the compensation schedule set forth in the agreements for compensation to San Mateo County for collection of special taxes with cities and special districts for FY 2009-10

 

Supporting Document Memo

 

Supporting Document Resolution

 

Supporting Document Attachment

COUNTY MANAGER

20.

Resolution authorizing the County Manager or his designee to execute:

 

A)

An agreement with Political Solutions, Inc. for the provision of state government liaison advocacy services for the term of May 1, 2009 through December 31, 2009, in an amount not to exceed $80,000

 

B)

An option to extend the term through December 31, 2010, increasing the amount by $150,000 to $230,000

   

Supporting Document Memo

   

Supporting Document Resolution

   

Supporting Document Agreement

   

21.

Resolution authorizing:

 

A)

An agreement with San Bruno Office Associates, LLC for the lease of office space located at 881-883 Sneath Lane, San Bruno for the term of April 28, 2009 through April 27, 2014, in the initial monthly rent of $4,036 with one option to extend the term for an additional five years

 

B)

The County Manager or his designee to execute any and all notices, options, extensions, terminations and documents in connection with the lease agreement

   

Supporting Document Memo

   

Supporting Document Resolution

   

Supporting Document Agreement

   

22.

Resolution waiving the Request for Proposals process and authorizing the Purchasing Agent to issue a purchase order for seven extrication systems for County Fire, in the amount of $161,555.84, no Net County Cost

 

Supporting Document Memo

 

Supporting Document Resolution

 

Supporting Document Attachment

HEALTH SYSTEM

23.

Resolution authorizing:

 

A)

An agreement with Angelica Textile Services for the provision of linen and laundry management services to the San Mateo Medical Center, Burlingame Long Term Care and San Mateo County Youth Services Center – Hillcrest for the term of February 1, 2009 through January 31, 2012, in an amount not to exceed $3,854,276

 

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

   

24.

Resolution authorizing:

 

A)

An agreement with On-Site Dental Care Foundation for the provision of dental health care services to homeless individuals in San Mateo County for the term of November 1, 2008 through October 31, 2009, in an amount not to exceed $156,840, 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

   
   

25.

Resolution:

 

A)

Waiving the Request for Proposals process and authorizing an agreement with Puente de la Costa Sur for the provision of alcohol and drug prevention services for the term of March 1, 2009 through June 30, 2011, in an amount not to exceed $315,000, 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

   

Supporting Document Memo

   

Supporting Document Resolution

   

Supporting Document Agreement

   

26.

Resolution authorizing:

 

A)

An agreement with Gene Bruce, M.D. for the provision of specialty orthopedic services for the term of April 1, 2009 through March 31, 2011, in an amount not to exceed $220,000

 

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

   

Supporting Document Memo

   

Supporting Document Resolution

   

Supporting Document Agreement

   

27.

Resolution authorizing:

 

A)

An agreement with Duc Marcel Nguyen, M.D. for the provision of specialty orthopedic services for the term of April 1, 2009 through March 31, 2011, in an amount not to exceed $425,000, $97,004 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

   

Supporting Document Memo

   

Supporting Document Resolution

   

Supporting Document Agreement

   

28.

Resolution authorizing:

 

A)

An agreement with Nikolaj Wolfson, M.D. for the provision of specialty orthopedic services for the term of April 1, 2009 through March 31, 2010, in an amount not to exceed $466,000

 

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

   

Supporting Document Memo

   

Supporting Document Resolution

   

Supporting Document Agreement

   

29.

Resolution authorizing:

 

A)

An amendment to the agreement with the Health Plan of San Mateo (HPSM) for administration of the Consolidated Access and Care for Everyone (ACE) Program, clarifying contractual terms for audit purposes, allowing for payment to Ravenswood Family Health Center for outside pharmacy services and providing greater flexibility to the HPSM to negotiate rates with medical providers

 

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

   

30.

Resolution authorizing:

 

A)

Submission to the California Department of Aging the 2009-12 Area Plan for Services for Older Adults and Adults with Disabilities

 

B)

Execution of a transmittal letter to the California Department of Aging required to complete the submission process

HUMAN RESOURCES

31.

Report recommending denial of the following claims:

   

Claims (Non-Culpable)

 

Sandra N. De Gabain

William Moscardini

 

Candy Filippini

Julia Smith

 

Corrine Gilry

State Farm Insurance for Sandra De Gabain

 

David H. Gordillo

Louis Turner

 

Clay Jones

 
 

Supporting Document

   

32.

Adoption of an ordinance amending the salary ordinance and accepting the report on the total number of positions in the County, previously introduced on April 14, 2009 and waiver of reading the ordinance in its entirety

 

Supporting Document Memo

 

Supporting Document Ordinance

 

Supporting Document Report

INFORMATION SERVICES

33.

Resolution authorizing:

 

A)

An agreement with VOX Network Solutions for the provision of Nortel maintenance, technical services and equipment for the term of May 1, 2009 through April 30, 2012, in an amount not to exceed $3,500,000

 

B)

The Purchasing Agent to approve ongoing annual support and purchases subject to the agreement not-to-exceed amount

 

C)

The Chief Information Officer of the Information Services Department or his 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

   

Supporting Document Attachment

PLANNING AND BUILDING

34.

Resolution:

 

A)

Accepting the corrected legal description of an affected parcel as an attachment to the previously approved affordable housing regulatory agreement with Betty Pimentel and Lois and Robin Baird for an affordable housing unit located at 510 Bear Gulch Road, San Gregorio

 

B)

Directing the Director of Community Development or her designee to re-record the corrected agreement and any other documents that may be required to implement the affordable housing agreement

   

Supporting Document Memo

   

Supporting Document Resolution

   

Supporting Document Attachment

PUBLIC WORKS

35.

Resolution authorizing agreements for the provision of on-call engineering professional services for the term of April 28, 2009 through April 27, 2012:

 

A)

BKF Engineers, Brown and Caldwell, Camp Dresser & McKee, Inc., and Kimley-Horn and Associates, Inc., in an amount not to exceed $500,000

 

B)

Denise Duffy & Associates, Inc., Kennedy/Jenks Consultants, TRA Environmental Sciences, Inc., and YEI Engineers, Inc., in an amount not to exceed $300,000

   

Supporting Document Memo

   

Supporting Document Resolution

   

Supporting Document BKF Engineers

   

Supporting Document Brown and Caldwell

   

Supporting Document Camp Dresser & McKee, Inc

   

Supporting Document Denise Duffy & Associates, Inc

   

Supporting Document Kennedy/Jenks Consultants

   

Supporting Document Kimley-Horn and Associates, Inc

   

Supporting Document TRA Environmental Sciences, Inc

   

Supporting Document YEI Engineers, Inc

   

Supporting Document Attachment

   

36.

Resolution:

 

A)

Awarding a contract to Half Moon Bay Grading and Paving, Inc. for the reconstruction of the Mills Avenue Project, West Menlo Park area, in the amount of $184,523

 

B)

Authorizing the Director of the Department of Public Works to execute contract change orders, in an amount not to exceed $27,677

   

Supporting Document Memo

   

Supporting Document Resolution

   

Supporting Document Attachment

   

37.

Resolution:

 

A)

Awarding a contract to Sea Pac Engineering, Inc. for the San Mateo County Job Order Contract General Construction Contract with application throughout the County, in the amount of $1,000,000

 

B)

Authorizing the Director of the Department of Public Works or his designee to issue individual and/or separate job orders under the contract amount

   

Supporting Document Memo

   

Supporting Document Resolution

   

Supporting Document Attachment

   

38.

Resolution approving a revised work plan for utilizing the 2007-08 Appropriation of Proposition 1B Transportation Bond funds

 

Supporting Document Memo

 

Supporting Document Resolution

 

Supporting Document Attachment

 

Supporting Document Attachment

   

39.

A)

Resolution accepting the report on county-wide mitigation fees for FY 2009-10

 

B)

Resolution authorizing an increase in the fees of 4.54% for residential and commercial uses excluding commercial self storage and 4.88% for commercial self storage as provided in the ordinance that established the fees

   

Supporting Document Memo

   

Supporting Document Resolution

   

Supporting Document Attachment

   

Supporting Document Attachment

   

40.

Resolution:

 

A)

Setting the time and place for a public hearing on the proposed garbage and recyclables collection rates in County Service Area No. 8, North Fair Oaks area

   

(Tuesday, June 16, 2009 at 9:15 a.m.)

 

B)

Directing the Director of the Department of Public Works to send a notice of the proposed collection rate increase to each property owner in County Service Area No. 8

   

Supporting Document Executive Summary

   

Supporting Document Memo

   

Supporting Document Resolution

   

Supporting Document Attachment

   

Supporting Document Attachment

   

41.

A)

Resolution authorizing the installation of residential speed control devices on Spring Street, North Fair Oaks, Redwood City area

 

B)

Resolution establishing a no parking zone, Broadmoor, Daly City area

   

Supporting Document Memo

   

Supporting Document Resolution

   

Supporting Document Resolution

   

Supporting Document Attachment

   

Supporting Document Attachment

   

42.

Resolution adopting plans and specifications, determining prevailing wage scale requirements and calling for seal proposals for the expansion of the Ron Robinson Senior Care Center at the San Mateo Medical Center

 

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

 

Supporting Document Memo

 

Supporting Document Resolution

   

43.

Resolution adopting plans and specifications, including conformance with prevailing wage scale requirements and calling for seal proposals for Phase 3 Improvements at the Edgewood Park and Natural Preserve Interpretive Center, 6 Old Stage Coach Road, Redwood City

 

(Tuesday, June 9, 2009 at 2:30 p.m.)

 

Supporting Document Memo

 

Supporting Document Resolution

   

44.

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

SHERIFF

45.

Accept the report on the Inmate Welfare Trust Fund for FY 2007-08

 

Supporting Document Memo

 

Supporting Document Attachment

   

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