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

The meeting was called to order at 9:04 a.m.

Tuesday, May 5, 2009

 

PLEDGE OF ALLEGIANCE

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

Absent: Supervisor Gordon

 

1.

8:15 a.m.

CLOSED SESSION

   

A)

Conference with Legal Counsel – Existing Litigation

   
 

In re Gloria Carino

 

WCAB Claim Nos. SFO 496495, SFO 496496

   
 

Compromise and release in the amount of $150,000

   
 

In re Lehman Brothers Holdings, Inc.

 

United States Bankruptcy Court, Southern District of New York,

 

Case No. 08-13555 (JMP)

   
 

San Francisco Baykeeper v. County of San Mateo, et al.

 

United States District Court Case No. CV08-3951 BZ

   

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 further reportable action.

 

2.

9:00 a.m.

REGULAR AGENDA (SEE PAGE 5)
CONSENT AGENDA
(SEE PAGE 6)

     
   

Motion: Tissier / Second: Jacobs Gibson

     

3.

ORAL COMMUNICATIONS

   
 

Speakers recognized by the President:

 

Dr. Scott Morrow, Health System

 

Brady Calma, SEIU 521

 

Wynn Grcich, Union City

 

Ed Burns, SEIU 521

   
 

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 resolution (2928) honoring the San Mateo County History Museum's A Night at the Museum event (Supervisor Mark Church)

     
   

Speakers recognized by the President:

   

Supervisor Mark Church, Board of Supervisors

   

Mitch Postel, San Mateo County Historical Association

     
   

Motion: Church / Second: Groom

     

5.

9:00 a.m.

Presentation of a proclamation (2929) designating May 10 through 16, 2009 as Police Week and May 15, 2009 as Peace Officers Memorial Day (Supervisor Mark Church)

     
   

Speakers recognized by the President:

   

Supervisor Mark Church, Board of Supervisors

   

Chief Robert Lotti, Colma Police Department

     
   

Motion: Church / Second: Jacobs Gibson

     

6.

9:15 a.m.

Presentation of a proclamation (2930) designating May 2009 as Mental Health Month (Supervisor Rich Gordon)

     
   

Speakers recognized by the President:

   

Supervisor Adrienne Tissier, Board of Supervisors

   

Judy Schutzman, Mental Health Board

     
   

Motion: Jacobs Gibson / Second: Groom

     

7.

9:30 a.m.

Presentation of the Green Initiatives video in recognition of National County Government Week (Supervisor Mark Church)

     
   

Speakers recognized by the President:

   

Supervisor Mark Church, Board of Supervisors

     

8.

9:30 a.m.

Public hearing to consider subsidy priorities for FY 2009-10 for the California Department of Education funded child care and development services and state preschool services for low income children residing in the County: (Child Care Partnership Council)

     

A)

Report and recommendation

   

B)

Close public hearing

   

C)

Adopt a resolution(070073) for the distribution of future California Department of Education funding for child care and development services

   

D)

Adopt a resolution (070074) for the distribution of future California Department of Education funding for state preschool services

   
 

Speakers recognized by the President:

 

Supervisor Mark Church, Board of Supervisors

 

Jeanie McLoughlin, San Mateo County Child Care Partnership Council

 

Supervisor Rose Jacobs Gibson, Board of Supervisors

   
 

Motion: Jacobs Gibson / Second: Groom

     

9.

9:45 a.m.

Public hearing to consider a resolution (070075) approving the FY 2009-10 Annual Action Plan for the use of Federal Funds utilized in the Department of Housing funding programs including Community Development Block Grant, Emergency Shelter Grant, and HOME Investment Partnerships and the submission of the Action Plan and required certifications to the U.S. Department of Housing and Urban Development: (Department of Housing)

     

A)

Report and recommendation

   

B)

Close public hearing

   
 

Motion: Church / Second: Tissier

   

C)

Adopt resolution

     
   

Speakers recognized by the President:

   

Duane Bay, Department of Housing

   

Jenny Luciano, Shelter Network

   

Melissa Lukin, Community Overcoming Relationship Abuse (CORA)

   

Bruce Hamilton, HIP Housing

   

Kitty Lopez, Samaritan House

     
   

Motion: Groom / Second: Tissier

10.

9:45 a.m.

Public hearing to consider a resolution (070076) approving the amendment to the 5-Year Consolidated Plan for FYs 2008-13 for the use of Federal Stimulus Funds utilized in the Department of Housing for the Housing Prevention and Rapid Re-Housing Program, American Recovery and Reinvestment Act of 2009 and required certifications to the U.S. Department of Housing and Urban Development: (Department of Housing)

     

A)

Report and recommendation

   

B)

Close public hearing

   
 

Motion: Tissier / Second: Groom

   

C)

Adopt resolution

   
 

Speakers recognized by the President:

 

Duane Bay, Department of Housing

 

Dorsey Nunn, Menlo Park

 

André Harris, East Palo Alto

 

Supervisor Adrienne Tissier, Board of Supervisors

 

Supervisor Rose Jacobs Gibson, Board of Supervisors

   
 

Motion: Jacobs Gibson / Second: Groom

     

11.

10:00 a.m.

Presentation of a proclamation (2931) designating May 10 through 16, 2009 as National Hospital Week (Supervisor Carole Groom)

     
   

Speakers recognized by the President:

   

Supervisor Carole Groom, Board of Supervisors

   

Dr. Susan Ehrlich, San Mateo Medical Center

     
   

Motion: Groom / Second: Tissier

     

12.

10:00 a.m.

Presentation of a proclamation (2932) designating May 2009 as National Bike Month (Supervisor Adrienne Tissier)

     
   

Speakers recognized by the President:

   

Supervisor Adrienne Tissier, Board of Supervisors

   

Karen Sumner, Peninsula Congestion Relief Alliance

     
   

Motion: Groom / Second: Jacobs Gibson

     

13.

10:15 a.m.

Presentation of a proclamation (2933) designating May 2009 as Foster Youth Month (Supervisor Mark Church)

     
   

Speakers recognized by the President:

   

Supervisor Mark Church, Board of Supervisors

   

Joselyn Conway, Foster Parent

     
   

Motion: Church / Second: Tissier

REGULAR AGENDA

GOVERNING BOARD

14.

Acting as the In-Home Supportive Services Public Authority, adopt a resolution:

   
 

A)

Decreasing the hourly wage by $2 to $9.50 for independent providers effective July 1, 2009 to meet the State-mandated 60 day notification for wage changes and to reflect the decrease in the State participation in the wage rate contingent on the outcome of ongoing labor negotiations

     
 

B)

Authorizing the submission of the resolution to the California Department of Social Services

     
   

This item was removed from the Regular Agenda.

COUNTY MANAGER

15.

Introduction of an ordinance amending Sections 4.106.010, 4.106.020, 4.106.030 and 4.106.060 of Title 4, Chapter 4.106 of the San Mateo County Ordinance Code regulating the use of disposable food service ware and bottled water and waiver of reading the ordinance in its entirety

   
 

This item was moved to the Consent Agenda.

   
 

This item was continued to the meeting of May 19, 2009 for adoption.

   

16.

County Manager’s report:

   
 

A)

Resolution (070077) in support of the 2009-10 State Legislative Session Program for San Mateo County

     
 

B)

Resolution (070078) in support of Assembly Bill 84 (Hill), Vote by mail ballots

     
 

C)

Resolution (070079) in support of Assembly Bill 31 (Ma), Property Taxation: certificated aircraft assessment

     
 

D)

Resolution (070080) in support of Assembly Bill 624 (Monning) Election precincts

     
 

E)

Resolution (070081) in support of Assembly Bill 1487 (Hill), Inmate medical expenses

     
 

F)

Resolution (070082) in support of Assembly Bill 47 (Ma), Income taxes credit for adoption costs

     
 

G)

Resolution (070083) in support of Senate Bill 26 (Simitian), Home-generated pharmaceutical waste

     
 

H)

Resolution (070084) in support of the Transportation for American Campaign platform

     
   

This item was moved to the Consent Agenda.

BOARD OF SUPERVISORS

17.

Board members’ committee reports

   
 

Supervisor Adrienne Tissier announced there will be a free Town Hall and Housing Resource Fair on foreclosures and pre-foreclosures that will take place on Saturday, May 9, 2009 from 9:30 a.m. to 3:00 p.m. at Westmoor High School, 131 Westmoor Avenue, Daly 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.

BOARD OF SUPERVISORS

18.

Adoption of an ordinance (04468) 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, previously introduced on April 28, 2009 and waiver of reading the ordinance in its entirety (Housing, Health and Human Services Standing Committee: Supervisors Carole Groom and Rose Jacobs Gibson)

   
 

Speakers recognized by the President:

 

Kathy Adams, Universal Health Care Corporation Cooperative

 

Brenda Carr, Universal Health Care Corporation Cooperative

 

Jhonrico Carrnshimba, Universal Health Care Corporation Cooperative

 

Joan Farwell, Redwood City

 

Supervisor Mark Church, Board of Supervisors

 

Supervisor Carole Groom, Board of Supervisors

   
 

This item was moved to the Regular Agenda.

   
 

Motion: Groom / Second: Jacobs Gibson

   

19.

Recommendation for the appointment of Jorge Glascock to First 5 San Mateo County representing Public Member, term expiring March 31, 2012 (Supervisors Rich Gordon and Mark Church)

   

20.

Proclamation (2934) designating May 2009 as American Wetlands Month (Supervisor Rich Gordon)

CHILD SUPPORT SERVICES

21.

Resolution (070085) authorizing:

   
 

A)

An agreement with Swift Attorney Service for the provision of process services for FYs 2009-12, in an amount not to exceed $540,000

     
 

B)

The Director of the Department of Child Support Services or her designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

     
     

COUNTY COUNSEL

22.

Resolution (070086) authorizing the issuance and sale of Ravenswood City School District 2009-10 Tax and Revenue Anticipation Notes, in an amount not to exceed $7,500,000

COUNTY MANAGER

23.

Resolution (070087) authorizing a property tax exchange with the City of San Carlos for the proposed annexation of the Lands of Dobel, Cameron and Grove located on Winding Way, unincorporated Devonshire area

   

24.

Resolution (070088) enacting Section 31641.04 of the Government Code enabling otherwise eligible employees in the classifications of Rehabilitation Production Supervisor I/II, Food Service Worker I/II and Seamstress to select an early retirement option as an alternative to layoffs

HEALTH SYSTEM

25.

Resolution (070089) authorizing:

   
 

A)

An agreement with Mills-Peninsula Hospitals for the provision of psychiatric inpatient hospital services for San Mateo County youth and adults for FY 2009-10, in an amount not to exceed $882,411 in aggregate with all other hospitals that have contracted with Behavioral Health and Recovery Services, $68,828 is Net County Cost

     
 

B)

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

   

26.

Resolution (070090) authorizing:

   
 

A)

An agreement with Shelter Network for the provision of behavioral health care services to the San Mateo County homeless population for the term of November 1, 2008 through October 31, 2009, in an amount not to exceed $221,075, no Net County Cost

     
 

B)

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

   

27.

Resolution (070091) authorizing:

   
 

A)

An agreement with SYMED for the provision of outpatient psychiatric mental health services to San Mateo County youth and adults for FYs 2009-12, in an amount not to exceed $150,000, no Net County Cost

     
 

B)

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

   
   
   
   
   

28.

Resolution (070092) authorizing:

   
 

A)

An agreement with Paul R. Linquist, 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 $250,000

     
 

B)

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

   

29.

Resolution (070093) authorizing an amendment to the agreement with the California Department of Public Health for the provision of HIV prevention, counseling and testing, AIDS case management, HIV/AIDS surveillance and an early intervention program, decreasing the amount by $170,122 to $4,949,612, no Net County Cost

   

30.

Resolution (070094) authorizing an amendment to the agreement with Kaiser Foundation Hospitals for the provision of hospital services, extending the term through March 31, 2009

   

31.

Resolution (070095) authorizing the Controller to pay non-contract medical service providers for FYs 2009-11, in an amount not to exceed $1,500,000

   

32.

Resolution (070096) authorizing the appointments of the following to the Independent Hearing Panel for the Solid Waste Management Program:

   
 

A)

Stan Chow representing Technical Member

     
 

B)

Keith Hashiguchi representing Public at Large

     
 

C)

Marc Schuyler representing Legal Member

   

33.

Introduction of an ordinance amending the salary ordinance reducing the positions in Correctional Services and the San Mateo Medical Center and waiver of reading the ordinance in its entirety

   
 

This item was continued to the meeting of May 19, 2009 for adoption.

HUMAN RESOURCES

34.

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 was continued to the meeting of May 19, 2009 for adoption.

   
   
   
   
   
   
   

HUMAN SERVICES

35.

Resolution (070097) authorizing:

   
 

A)

An amendment to the agreement with Kate Bristol Consulting for the provision of consulting services for the San Mateo County Homeless Continuum of Care Application, HOPE implementation and completing the January 2009 required Homeless Census and Survey Reports, increasing the amount by $69,250 to $168,750, $69,250 is Net County Cost

     
 

B)

The Director of the Human Services Agency or her designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

PLANNING AND BUILDING

36.

A)

Resolution (070098) authorizing an amendment to the agreement with Impact Sciences, Inc. to prepare Draft and Final Environmental Impact Reports for the Ticonderoga/Highland Estates Subdivision, extending the term through December 31, 2010, increasing the amount by $86,270 to $271,835

     
 

B)

Resolution (070099) authorizing a transfer in the amount of $99,950 from Unanticipated Revenue to Contractual Services to fund the additional work (4/5ths vote required)

     
   

Speakers recognized by the President:

   

Lisa Grote, Planning and Building

   

Cary Wiest, Highlands Community Association

   

David Byers, Ticonderoga Partners

   

Dr. Sam Naifeh, Highlands Community Association

   

Supervisor Adrienne Tissier, Board of Supervisors

   

Supervisor Carole Groom, Board of Supervisors

     
   

This item was moved to the Regular Agenda.

     
   

Motion: Tissier / Second: Jacobs Gibson

PUBLIC WORKS

37.

Resolution (070100):

   
 

A)

Awarding a contract to Half Moon Bay Grading & Paving, Inc. for the MidCoast Drainage Improvement Project: Cedar Street from George Street to Montara Creek, Montara area, in the amount of $227,459.85

     
 

B)

Authorizing the Director of the Department of Public Works to execute contract change orders, in an amount not to exceed $34,120.15

   

38.

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

   

The meeting adjourned at 11:14 a.m. to reconvene on Tuesday, May 19, 2009 at 8:15 a.m. in Closed Session – Litigation and Personnel Matters, and thereafter for the regularly scheduled Board meeting.