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

The meeting was called to order at 9:00 a.m.
Tuesday, March 31, 2009
PLEDGE OF ALLEGIANCE ROLL CALL: Present: Supervisors Church, Groom, Gordon, Jacobs Gibson and Tissier Absent: None.
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
			No reportable action.
2.	9:00 a.m.	REGULAR AGENDA (SEE PAGE 6) CONSENT AGENDA (SEE PAGE 7)
		Motion: Tissier / Second: Jacobs Gibson
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)
		Speakers recognized by the President:
		David S. Boesch, County Manager
		Jim Porter, Public Works Department
		Joe LaMariana, Waste Management
		Kim Springer, Public Works Department
		Danielle Lee, Public Works Department, Recipient
4.	ORAL COMMUNICATIONS
	No member of the public wished to speak.

MATTERS SET FOR SPECIFIED 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
		Speakers recognized by the President:
		Reyna Farrales, Deputy County Manager
		Nancy Jones, Public Finance Management (PFM)
		Supervisor Rich Gordon, Board of Supervisors
		David S. Boesch, County Manager
		Lee Buffington, Tax Collector/Treasurer
		Supervisor Adrienne Tissier, Board of Supervisors
		Motion: Jacobs Gibson / Second: Tissier
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
			Motion: Tissier / Second: Jacobs Gibson
		B)	Resolution (069992)calling for regulations and restrictions on the inclusion of tobacco products and tobacco use in feature films (Supervisor Adrienne Tissier)
		Speakers recognized by the President:
		Supervisor Adrienne Tissier, Board of Supervisors
		Benjamin Gleason, Breathe California
		Cynthia Medrano, Westmoor High School
		Jeffrey Murrillo, Westmoor High School
		Montaha Ereikat, Westmoor High School
		Stephanie Barragan, Jefferson High School
		Brenda Barajas, Jefferson High School
		Evelyn Angeldones, Jefferson High School
		Ivan Ramirez, Jefferson High School
		Supervisor Rose Jacobs Gibson, Board of Supervisors
		Supervisor Rich Gordon, Board of Supervisors
		Motion: Tissier / Second: Gordon
7.	9:30 a.m.	Acting as the Board of Commissioners of the Housing Authority, adopt Resolution No. 2009-02 (069993): (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
		Speakers recognized by the President:
		Bill Lowell, Department of Housing
		Supervisor Carole Groom, Board of Supervisors
		Motion: Jacobs Gibson / Second: Gordon
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
			Motion: Jacobs Gibson / Second: Tissier
		C)	Approve or deny appeal
		Speakers recognized by the President:
		Recused: Supervisor Rich Gordon, Board of Supervisors
		Michael Murphy, County Counsel
		Lisa Grote, Planning and Building
		Thomas Mahon, Applicant
		Ronald Zumbrun, Attorney for the Applicant
		David Beaumont, Planning Consultant, Half Moon Bay
		Supervisor Mark Church, Board of Supervisors
		Mike Mahon, Montara
		Laura Camodeca, Montara
		Dan Moss, Montara
		Tom Judge, Montara
		Hilary Srere, Montara
		Ann Mahon, Madera
		Arthur Hofmayer, Montara
		Ken Muller, Montara
		Jean Mahon, Montara
		Maureen Hawkins, Moss Beach
		Geraldine Silva, San Bruno
		Kathryn Slater-Carter, Montara
		Tom Mahon, Jr., Montara
		Lennie Roberts, Committee for Green Foothills
		John Bermingham, San Francisco
		Julio Chavez, San Francisco
		April Vargas, Montara
		Isidore Mahon, Montara
		David S. Boesch, County Manager
		Larry Ross, Montara
		Michael Koomas, Montara
		Trish McGrath, Montara
		Supervisor Adrienne Tissier, Board of Supervisors
		Supervisor Rose Jacobs Gibson, Board of Supervisors
		Supervisor Carole Groom, Board of Supervisors
		Motion: Tissier / Second: Jacobs Gibson
		This item is continued to the meeting of April 28, 2009 at 9:45 a.m.
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
			Motion: Tissier / Second: Jacobs Gibson
		C)	Approve or deny appeal
		Speakers recognized by the President:
		Supervisor Mark Church, Board of Supervisors
		Michael Murphy, County Counsel
		Lisa Grote, Planning and Building
		Ronald Zumbrun, Attorney for the Applicant
		Thomas Mahon, Applicant
		David Beaumont, Planning Consultant, Half Moon Bay
		Dan Moss, Montara
		Mike Mahon, Montara
		Laura Camodeca, Montara
		Hilary Srere, Montara
		Ken Muller, Montara
		Jean Mahon, Montara
		Maureen Hawkins, Moss Beach
		Tom Mahon, Jr., Montara
		John Bermingham, San Francisco
		Julio Chavez, San Francisco
		Isidore Mahon, Montara
		Larry Ross, Montara
		Michael Koomas, Montara
		Arthur Hofmayer, Montara
		Tom Judge, Montara
		April Vargas, Montara
		Lennie Roberts, Committee for Green Foothills
		Kathryn Slater-Carter, Montara
		Ann Mahon, Madera
		Supervisor Adrienne Tissier, Board of Supervisors
		Supervisor Rose Jacobs Gibson, Board of Supervisors
		Motion: Tissier / Second: Jacobs Gibson
		This item is continued to the meeting of April 28, 2009 at 10:00 a.m.

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
		Motion: Tissier / Second: Jacobs Gibson
		Speakers recognized by the President:
		Jim Porter, Public Works
		This item is continued to the meeting of April 28, 2009.

COUNTY MANAGER

11.	A)	Accept a report on the status of the Economic Urgency Initiative
	B)	Resolution (069994)authorizing the County Manager to approve funding requests for emergency assistance to a maximum of $500,000 through December 31, 2010
	C)	Resolution (069995) authorizing a transfer in the amount of $500,000 from Non-Departmental Reserves to Non-Departmental Grants and Contributions
		Speakers recognized by the President:
		David S. Boesch, County Manager
		Supervisor Adrienne Tissier, Board of Supervisors
		Supervisor Rich Gordon, Board of Supervisors
		Motion: Jacobs Gibson / Second: Groom
12.	County Manager’s report:
	Detailed Analysis of the 2009-10 State Budget
	David S. Boesch, County Manager announced that the county expects to have further reductions in funding for county provided programs the sum total of upwards of $38 million. The county will need to cash flow those programs for a period of some months for a total of $30 million additional dollars.
	Speakers recognized by the President:
	Supervisor Adrienne Tissier, Board of Supervisors

BOARD OF SUPERVISORS

13.	Board members’ committee reports
	Supervisor Rose Jacobs Gibson announced that Congresswomen Anna Eshoo and Jackie Speier will conduct a congressional hearing on the impact of the Lehman Brothers loss. The hearing will be held on April 14, 2009 from 2:00 – 4:00 p.m. in Board Chambers at the Hall of Justice, 400 County Center, Redwood City

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 (069996) 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

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)
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
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)
18.	Ratification of a resolution (2909) honoring Perla Gange Ibarrientos upon being honored by the Pilipino Bayanihan Resource Center for 20 years of community service (Supervisor Adrienne Tissier)
19.	Ratification of a resolution (2910) honoring Dennis O’Rourke upon his retirement from the County Manager’s Office (Supervisor Adrienne Tissier)
20.	Ratification of a resolution (2911) honoring Lieutenant J. David Triolo upon his retirement from the Sheriff’s Office (Supervisor Adrienne Tissier)
21.	Ratification of a resolution (2912) honoring Donald S. Wetteland upon his retirement from the Department of Public Works (Supervisor Adrienne Tissier)

CONTROLLER

22.	A)	Resolution (069997):
		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 (069998) 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

COUNTY COUNSEL

23.	Resolution (069999) 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

GOVERNING BOARD

24.	Acting as the Board of Commissioners of the Housing Authority, adopt Resolution No. 2009-03 (070000) 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
25.	Acting as the Board of Commissioners of the Housing Authority, adopt Resolution No. 2009-04 (070001) 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
26.	Acting as the In-Home Supportive Services Public Authority, adopt a resolution (070002) 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)
27.	Acting as the Governing Board of the Emerald Lake Heights Sewer Maintenance District, adopt a resolution (070003) 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

HEALTH SYSTEM

28.	Resolution (070004):
	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
29.	Resolution (070005):
	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
30.	Resolution (070006):
	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
31.	Resolution (070007) 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
32.	Resolution (070008) 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
33.	A)	Resolution (070009) 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 (070010) authorizing a transfer in the amount of $1,000,000 from Unanticipated Revenue to Contract Special Program Services (4/5ths vote required)
34.	Resolution (070011) 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
35.	Resolution (070012) 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
36.	Resolution (070013) 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

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

PLANNING AND BUILDING

38.	A)	Resolution (070014) 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 (070015) 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)
		Speakers recognized by the President:
		Lisa Grote, Planning and Building
		Mike McCracken, Attorney for Big Wave Group
		Scott Holmes, Big Wave Group
		Teri Chatfield, Half Moon Bay
		Lennie Roberts, Committee for Green Foothills
		Supervisor Adrienne Tissier, Board of Supervisors
		Supervisor Rose Jacobs Gibson, Board of Supervisors
		Motion: Tissier / Second: Gordon
		This item was moved to the Regular Agenda

PUBLIC WORKS

39.	Resolution (070016) 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
40.	Resolution (070017) 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
41.	Resolution (070018):
	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
42.	Resolution (070019):
	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
43.	Resolution (070020) 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
44.	A)	Resolution (070021) authorizing the installation of a yield sign, North Fair Oaks area
	B)	Resolution (070022) establishing five time limited parking zones, North Fair Oaks and Broadmoor areas
	C)	Resolution (070023) amending a no parking zone, North Fair Oaks area
	D)	Resolution (070024) establishing a no parking zone, North Fair Oaks area
	E)	Resolution (070025) amending a time limited parking zone, Broadmoor area
	F)	Resolution (070026) establishing a drop-off zone, Broadmoor area
45.	Resolution (070027) 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.)
46.	Make a finding to continue the local emergency declaration for constructing slope stabilization within the landslide, La Honda area (4/5ths vote required)

SamCERA

47.	Resolution (070028) 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
48.	Resolution (070029) approving the Board of Retirement Regulations sections 4.12, 4.13 and 4.14 regarding post-retirement employment and establishment of normal retirement ages
	The meeting adjourned at 1:12 p.m. in memory of the fallen officers from the Oakland Police Department: Sergeants Mark Dunakin, Ervin Romans and Daniel Sakai, and Officer John Hege; Mildred Owen; Jean Cloud; Shirley Perkins; Patricia Diggins; Regina Anderson; Martin Kasworn to reconvene on April 14, 2009 at 8:15 a.m. in Closed Session – Litigation and Personnel Matters, and thereafter for the regularly scheduled Board meeting.