PLEASE NOTE THERE WILL BE NO MEETING OF THE
BOARD OF SUPERVISORS ON MARCH 10 AND 24, 2009

The meeting was called to order at 9:03 a.m.

Tuesday, March 3, 2009

PLEDGE OF ALLEGIANCE

ROLL CALL: Present: Supervisors Church, Groom, Gordon and Jacobs Gibson

Absent: Supervisor Tissier

1.

8:15 a.m.

CLOSED SESSION

A)

Negotiations: DSA

County Negotiator: Keith Fleming

B)

Conference with Legal Counsel – Existing Litigation

In re Lehman Brothers Holdings, Inc.

United States Bankruptcy Court, Southern District of New York,

Case No. 08-13555 (JMP)

The San Mateo County Investment Pool v. Richard S. Fuld, Jr. et al

San Francisco Superior Court Case No. CGC 08 481841

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

No reportable action.

2.

9:00 a.m.

REGULAR AGENDA (SEE PAGE 3)
CONSENT AGENDA (SEE PAGE 5)

All items on the consent agenda are approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda. Any item on the regular agenda may be transferred to the consent agenda.

Motion: Jacobs Gibson / Second: Gordon

3.

ORAL COMMUNICATIONS

No member of the public wished to speak.

4.

9:00 a.m.

Presentation of a proclamation (2894) designating March 2009 as Red Cross Month (Supervisor Mark Church)

Speakers recognized by the President:

Supervisor Mark Church, Board of Supervisors

Bill O’Callahan, Office of Emergency Services, Sheriff’s Office

Motion: Church / Second: Groom

5.

9:15 a.m.

Presentation of commendations honoring the dental professionals who participated in the 2009 Give Kids a Smile Day (Supervisor Adrienne Tissier)

Speakers recognized by the President:

Supervisor Mark Church, Board of Supervisors

Dorothy Vera Weis, Health System

6.

9:15 a.m.

A)

Resolution (069930) approving the STARS Award recipients and honorable mentions

B)

Presentation of resolutions (2895, 2896, 2897, 2898) honoring the STARS Award recipients

C)

Resolution (069931) authorizing the transfer of $55,500 from Non-Departmental to various accounts to appropriate funds for the STARS Awards (County Manager and the Human Resources Department)

Speakers recognized by the President:

Reyna Farrales, Deputy County Manager

Rocio Kiryczun, Human Resources Department

Sheriff Greg Munks, Sheriff’s Office

Captain John Quinlan, Sheriff’s Office

Supervisor Mark Church, Board of Supervisors

Debra Keller, Sheriff’s Office

Supervisor Rose Jacobs Gibson, Board of Supervisors

Chris Rodriguez, Health System

Supervisor Carole Groom, Board of Supervisors

Dina Scopesi, Human Resources Department

Supervisor Rich Gordon, Board of Supervisors

Motion: Gordon / Second: Groom

7.

9:30 a.m.

A)

Presentation of a proclamation (2899) designating March 2009 as Arts Education Month

B)

Presentation of a resolution (2900) honoring Sue Ellefritz as the 2009 Arts Educator (Supervisor Carole Groom and the Arts Commission)

Speakers recognized by the President:

Supervisor Carole Groom, Board of Supervisors

Karen Chu, Commissioner, Arts Commission

Rita Carol, Principal, St. Pius School

Sue Ellefritz, Recipient, 2009 Arts Educator, St. Pius School

Motion: Groom / Second: Gordon

8.

Resolution (069932) providing that elected directors of other local government agencies are ineligible to serve on the Midcoast Community Council or the Pescadero Municipal Advisory Council

This item was transferred to the Consent Agenda.

9.

Resolution (069933) authorizing an agreement with American Medical Response West for the provision of countywide emergency ambulance service for FYs 2009-14

Speakers recognized by the President:

David S. Boesch, County Manager

Jean Fraser, Health System

Brian Zamora, Health System

Barbara Pletz, Health System

Fire Chief Ron Myers, Cities Joint Powers Authority and County Fire Chiefs Association

Brad White, General Manager, San Mateo American Medical Response, Burlingame

John Ferreira, County Fire

Motion: Gordon / Second: Jacobs Gibson

10.

Resolution (069934):

A)

Approving the selection of Norcal Waste Systems for the provision of refuse collection services for County Service Area No. 8 and other currently non-franchised unincorporated areas under one franchise with the County within the South Bayside Waste Management Authority service area

B)

Directing the Director of the Department of Public Works to notify all known homeowners associations or advisory agencies in the affected unincorporated areas of the selection

Speakers recognized by the President:

Jim Porter, Department of Public Works

Robert Moroles, Teamsters, Local 250, Daly City

Motion: Gordon / Second: Jacobs Gibson

Ayes: Supervisors Church, Groom, Gordon and Jacobs Gibson

Noes: None

11.

Recommendation to direct the County representative on the South Bayside Waste Management Authority (SBWMA) Board of Directors to vote for the selection of Hudson Baylor Corporation as the SBWMA facility operations contractor

Speakers recognized by the President:

Jim Porter, Department of Public Works

Jon Kaufman, Solem and Associations representing South Bay Recycling, San Francisco

Robert Moroles, Teamsters, Local 250, Daly City

Supervisor Rose Jacobs Gibson, Board of Supervisors

Supervisor Carole Groom, Board of Supervisors

Motion: Gordon / Second: Jacobs Gibson

Ayes: Supervisors Church, Groom, Gordon and Jacobs Gibson

Noes: None

12.

Resolution:

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

Speakers recognized by the President:

Jim Porter, Department of Public Works

Motion: Gordon / Second: Groom

Ayes: Supervisors Church, Groom, Gordon and Jacobs Gibson

Noes: None

This item is continued to the meeting of March 31, 2009.

13.

County Manager’s report

County Manager David Boesch reported on the adoption of the State Budget, the resignation of Dr. Sang-ick Chang as the Chief Executive Officer of the San Mateo Medical Center and the appointment of the Interim CEO, Dr. Susan Ehrlich.

Speaker recognized by the President

Supervisor Rich Gordon, Board of Supervisors

14.

Board members’ committee reports

Supervisor Carole Groom introduced a new member of her staff, Gina Quiney.

Supervisors Rich Gordon and Mark Church participated in the Summit on Constitutional Convention on February 24, 2009.

15.

Approve the minutes for the meetings of January 27, February 3 and February 10, 2009

16.

Resolution (069935) authorizing the Chief Elections Officer to render specified election services for the Jefferson Elementary School District, Woodside Elementary School District and the San Carlos School District in conjunction with a special mail ballot election to be held on May 5, 2009

17.

Resolution (069936) authorizing a transfer in the amount of $998,150 from Non-Departmental General Fund Reserves to Salaries and Benefits and Services and Supplies to fund the Presidential General Election held on November 4, 2008

18.

Recommendation for the appointment of Susan Crocker to the Area Board 5 on Developmental Disabilities representing San Mateo County, term expiring December 31, 2010 (Supervisor Carole Groom)

19.

Recommendation for the appointment of Chief Ron D. Myers to the Emergency Medical Care Committee representing the Fire Chief’s Association, term expiring March 31, 2012 (Supervisor Adrienne Tissier)

20.

Recommendation for the appointments of Robert Ortiz and Alex Sharp to the Mental Health Advisory Board representing Consumer, terms expiring September 30, 2010 (Supervisor Rich Gordon)

21.

Recommendation for the appointments the following to the Mental Health Advisory Board: (Supervisors Rich Gordon and Adrienne Tissier)

A)

Katherine Sternbach representing General Public, term expiring September 30, 2011

B)

Cameron Johnson representing Family Member, term expiring September 30, 2010

22.

Recommendation for the appointment of Neal Kramer as a designee of Ronald Moldovan to the San Mateo County Resource Conservation District, term expiring November 30, 2010 (Supervisor Rich Gordon)

23.

Recommendation for the reappointments of Supervisors Rich Gordon and Rose Jacobs Gibson to the Housing Endowment and Regional Trust, terms expiring February 28, 2012 (Supervisor Mark Church)

24.

Ratification of a resolution (2901) honoring San Mateo County Boy Scout Troop 42 upon its 50^th Anniversary (Supervisor Carole Groom)

25.

Resolution (069937) authorizing a transfer in the amount of $57,580 from Department Reserves to Contract Services to cover the cost of the contract with Macias & Company to perform a review of the assessment appeals process

26.

Resolution (069938) authorizing:

A)

A Juncus Ravine and Remainder Lands Dedication and agreement with Terrabay Partners, LLC and Myers Peninsula Company, LLC and acceptance of a transfer of parcels on San Bruno Mountain

B)

The County Manager to execute such other documents as may be necessary to effectuate the agreement

27.

Resolution (069939) authorizing the issuance and sale of La Honda-Pescadero Unified School District General Obligation Bonds, 2006 Election, Series 2009B, in an aggregate principal amount not to exceed $3,000,000

28.

Resolution (069940) authorizing:

A)

A lease agreement with Harbor Belmont Associates for two office buildings located at 400 Harbor Boulevard, Belmont for the term of March 3, 2009 through February 28, 2019 with two options to extend for an additional five years each, at an initial monthly amount of $124,351.50

B)

A lease agreement with Davis Associates for an office building located at 1 Davis Drive, Belmont for the term of ten years with two options to extend for an additional five years each, at an initial monthly rent of $103,805

C)

The County Manager of his designee to execute any and all written elections, options, notices and documents in connection with the lease agreements, including the exercise of the County’s right to modify from time to time during the term the portion of the premises in active use by the County and to make a corresponding adjustment in the rent

This item was transferred to the Regular Agenda.

Speakers recognized by the President:

Supervisor Rich Gordon, Board of Supervisors

Beverly Beasley Johnson, Human Services Agency

John Joy, Human Services Agency

Steve Alms, Real Property Division, County Manager’s Office

Supervisor Rose Jacobs Gibson, Board of Supervisors

Supervisor Mark Church, Board of Supervisors

Supervisor Carole Groom, Board of Supervisors

Motion: Jacobs Gibson / Second: Groom

Ayes: Supervisors Church, Groom and Jacobs Gibson

Noes: Supervisor Gordon

29.

Resolution (069941) authorizing an amendment to the agreement with CAL FIRE for the provision of fire protection services for FYs 2006-09, for the compensation of personnel services in FY 2008-09, increasing the amount by $7,261,753 to $21,460,861

30.

Resolution (069942) authorizing an amendment to the agreement with Mid Peninsula Regional Open Space District in connection with County fire services

31.

Accept the FY 2008-09 Mid-Year Report on the Performance of County Programs

32.

Acting as the Governing Board of the Oak Knoll Sewer Maintenance District, adopt a:

A)

Resolution (069943) accepting an offer of dedication of a sewer maintenance extension constructed by Stuart and Lorraine Rumley to the Oak Knoll Sewer Maintenance District

B)

Resolution (069944) authorizing an agreement with Stuart and Lorraine Rumley for construction and use of sewer facilities and reimbursement of certain engineering and construction costs incurred by the Rumleys in connection with the installation of sanitary sewer facilities accepted for maintenance by the Oak Knoll Sewer Maintenance District for a term ending February 24, 2019

33.

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:

A)

Introduction 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 (BHSMD) and the Crystal Springs County Sanitation District (CSCSD), and waiver of reading the ordinance in its entirety

This item is continued to the meeting of April 28, 2009 for adoption.

B)

Resolution (069945) setting a time and place for a public hearing on the sewer service rate increases for the BHSMD and CSCSD, and directing the necessary notices for said hearing

(Tuesday, April 28, 2009 at 9:00 a.m.)

34.

Resolution (069946) authorizing an agreement with the California Department of Food and Agriculture for the provision of detection and trapping of the Mediterranean fruit fly and other economically important pests for FYs 2008-10, in an amount not to exceed $982,114, no Net County Cost

35.

Resolution (069947) authorizing an Acceptance of Award from the California Department of Public Health, Tuberculosis Control Branch for the Northern California Regional Civil Detention at Cordilleras Mental Health Rehabilitation Center that supercedes the award signed on November 14, 2008 for FY 2008-09, in the amount of $187,600, no Net County Cost

36.

Resolution (069948) authorizing:

A)

An agreement with A & C Health Care Services, Inc. dba Millbrae Manor for the provision of board and care services for FYs 2008-10, in an amount not to exceed $253,310, $13,932 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

37.

Resolution (069949) authorizing:

A)

Agreements with the San Mateo Health Commission dba the Health Plan of San Mateo for inpatient and outpatient hospital services, primary care physician medical services, referral provider services and other medical services for eligible participants receiving services at the San Mateo Medical Center and Clinics 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 (069950) authorizing:

A)

An amendment to the agreement with Front Street, Inc. for the provision of board and care services for older adults, extending the term through June 30, 2010, increasing the amount by $255,675 to $280,675, 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

39.

Resolution (069951) authorizing an amendment to the agreement with Retina-Vitreous Associates, Inc. for the provision of professional ophthalmologic surgical services, increasing the amount by $50,000 to $180,000

40.

Resolution (069952) authorizing an amendment to the agreement with The Center to Promote HealthCare Access for the provision of system enhancements and maintenance of the One-e-App Application System, increasing the amount by $212,484 to $994,060, $50,548 is Net County Cost

41.

Resolution (069953) authorizing the Controller to continue payments on the Health System Community Health STD/HIV Program service agreement with the AIDS Community Research Consortium for the provision of HIV food services from March 1, 2009 through June 30, 2009

42.

Resolution (069954) authorizing the Controller to pay non-contract medical service providers for services rendered to medically indigent patients for whom the County has responsibility for FYs 2007-09, in an amount not to exceed $1,500,000

43.

Accept the FY 2007-08 Mental Health Board Annual Report

44.

Resolution (069955) authorizing:

A)

A Takeout Loan Commitment with MP San Mateo Transit Associates, L.P. for the Peninsula State affordable housing development, San Mateo area, in the amount of $1,000,000

B)

The Director of the Department of Housing or his designee to execute a Tri-Party Agreement and any other contract documents necessary to implement the Takeout Loan Commitment

45.

Report recommending denial of the following claims:

Claims (Non-Culpable)

Russell Bacosa

James Anthony Pagan

Urania Campos

Rose Rodriguez

Ronald Ray Davis

Julio Sanchez

Monica Gutierrez

Lorenzo Sanchez

Nancy Karagozian

Michelle Sanchez

John B. Nowland, Jr.

Yolanda Sanchez

46.

Resolution (069956) authorizing a Memorandum of Understanding with the California Nurses Association for the term of January 25, 2009 through January 22, 2011

47.

Introduction of an ordinance amending the salary ordinance and accepting the report on the total number of positions in the County and waiver of reading the ordinance in its entirety

This item is continued to the meeting of March 17, 2009 for adoption.

48.

Resolution (069957) authorizing a Memorandum of Understanding with the Washoe Tribe of Nevada and California for the provision of the Tribal Family Assistance Program for FYs 2008-11

49.

Resolution (069958) authorizing:

A)

An amendment to the agreement with Edgewood Center for Children and Families for continuation of the Kinship Support Services Program, increasing the amount by $25,338 to $542,474, no 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

50.

Resolution (069959) reappointing the Children’s Collaborative Action Team as the designated Child AB 2994 Child Abuse Trust Fund Commission for the distribution of child abuse prevention funds for FYs 2008-11

51.

Resolution (069960) authorizing:

A)

An amendment to the agreement with SysApproach, Inc. for the provision of consulting services, extending the term through December 31, 2009, increasing the amount by $150,000 to $238,400

B)

The Chief Information Officer of the Information Services Department to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

52.

Resolution (069961):

A)

Waiving the Request for Proposal Process and authorizing an agreement with the Local Government Commission for the provision of planning services for the Improving Safety and Mobility along Highway 1 on the Unincorporated San Mateo County Midcoast Project for the term of March 1, 2009 through June 30, 2010, in the amount of $122,439

B)

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

53.

Resolution (069962) authorizing the Director of the Department of Public Works to execute:

A)

Future grant agreements offered by the Federal Aviation Administration (FAA) and the California Department of Transportation (DOT) to be used for the preparation of planning documents and the study, design and construction of safety security and maintenance improvements at the San Carlos and Half Moon Bay Airports with the understanding that the Director of Public Works is authorized to apply for the maximum of FAA and California DOT funds available subject to the review and approval of the County Manager or his designee

B)

Any other documents associated with the application and acceptance of said grant funds from the FAA and California DOT

54.

Resolution (069963) authorizing:

A)

The termination of the cost sharing agreement with Trestle Glen Associates (TGA)

B)

An amendment to the Memorandum of Understanding with the Town of Colma and TGA for the F-Street Sidewalk and Streetscape Improvement Project, Colma area

55.

Resolution (069964) authorizing the Director of the Department of Public Works to submit an application for the State Transportation Improvement Program Transportation Enhancement Program Funding to finance the Installation of Pedestrian Lighted Crosswalks, Pedestrian Traffic Countdown Signals, and Sidewalk Improvement Project

56.

Resolution (069965):

A)

Awarding a contract to ZK Painting Co. for the County Government Center Parking Structure Deferred Maintenance Painting, Redwood City area, in the amount of $70,000

B)

Authorizing the Director of the Department of Public Works to execute contract revision orders related to the parking structure deferred maintenance painting, in an amount not exceed $10,500 in aggregate

57.

Resolution (069966) establishing no parking zones, El Granada and North Fair Oaks areas

58.

Resolution (069967) adopting plans and specifications and conformance with prevailing wage scale requirements and calling for sealed proposals for the reconstruction Mills Avenue Project, West Menlo Park area

(Tuesday, March 24, 2009 at 2:30 p.m.)

59.

Resolution (069968) adopting plans, specifications and conformance with prevailing wage scale requirements for ISD Data Center Halon Fire Suppression System Replacement, 455 County Center, Redwood City

(Tuesday, March 31, 2009 at 2:30 p.m.)

60.

Resolution (069969) adopting plans, specifications and conformance with prevailing wage scale requirements for the San Mateo County Job Order Contract General Construction Contract with application throughout the County

(Thursday, April 2, 2009 at 2:30 p.m.)

61.

Resolution (069970) authorizing a transfer in the amount of $612,800 from Salaries and Benefits to Construction Services to repay a loan in the Solid Waste Fund from FY 2007-08

62.

Resolution (069971) authorizing a transfer in the amount of $50,000 from Fixed Assets to Capital Projects and Operating Transfer Out for project management and oversight to construct the Edgewood Park Interpretive Center (4/5ths vote required)

63.

Adoption of an ordinance (04464) specifying time requirements for reporting and depositing payments for transit tickets under the Commute Alternatives Program, previously introduced on February 10, 2009 and waiver of reading the ordinance in its entirety

64.

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

65.

A)

Resolution (069972) accepting a donation from the San Mateo Credit Union for use by the Sheriff’s Community Alliance to Revitalize our Neighborhood Program, in the amount of $12,000, no Net County Cost

B)

Resolution (069973) authorizing a transfer in the amount of $4,000 from Local Agency Grant Funds to Other Expenses for the donation from the San Mateo Credit Union (4/5ths vote required)

66.

Resolution (069974) authorizing an agreement with the California Franchise Tax Board for the provision of collection services for selected accounts for the term of January 1, 2009 through December 31, 2011

The meeting adjourned at 11:07 a.m. in memory of Dolores Murphy, Leo Giorgetti, Bill Jackson and Nancy Speier to reconvene on Tuesday, March 17, 2009 at 8:15 a.m. in Closed Session – Litigation and Personnel Matters, and thereafter for the regularly scheduled Board meeting.