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

Tuesday, August 25, 2009

PLEDGE OF ALLEGIANCE

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

Absent: None

1.

9:00 a.m.

ORAL COMMUNICATIONS AND PUBLIC TESTIMONY ON CONSENT OR CLOSED SESSION AGENDA ITEMS

Speakers recognized by the President:

Jean Fraser, Health System

Brian Zamora, Community Health Services

Sam Barnett, Emergency Medical Services Agency

Nadia Bledsoe, AFSCME Local 829

Becky Nassarre, San Mateo

Steven Perry, Woodside

Gerry Doherty, San Mateo

Mark Korwald, San Mateo

Irma Compton, SEIU Local 521

Daniel Gee, SEIU Local 521

Annette Ruiz-Vides, SEIU Local 521

Cynthia Howard, SEIU Local 521

Chester Palesoo, East Palo Alto

David S. Boesch, County Manager

2.

REGULAR AGENDA (SEE PAGE 3)
CONSENT AGENDA (SEE PAGE 4)

Motion: Gordon / Second: Tissier

3.

CLOSED SESSION

A)

Negotiations: AFSCME/SEIU

County Negotiator: Diana Doughtie

B)

Conference with Legal Counsel – Existing Litigation

Alameda County et al v. Sibelius,

United States District Court Case No. 1:09-CV-01465

Coleman et al. v. Schwarzenegger, et al.

United States District Court Case No. CIV S-90-0520 LKK JFM P

County of San Mateo v. Jose Aguilar et al.

San Mateo County Superior Court Case No. CIV 474974

Genentech, Inc. v. San Mateo County et al.

San Mateo County Superior Court Case No. 456781

Rodney Gee v. Susan Dell'Ara

United States District Court Case No. CV09-01366

C)

County Manager Performance Review

The Board recessed to closed session at 11:30 a.m.

The Board reconvened the open session at 1:00 p.m. and County Counsel made the following report:

The Board unanimously ratified the County joining in the Alameda County v. Sibeliuss matter and approved the use of Fulbright & Jaworski firm to represent the County.

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.

A)

Presentation of a proclamation (2972) designating August 2009 as World Breastfeeding Awareness Month

B)

Presentation of a commendation to Deloitte LLP for being named a Mother-Baby Friendly Workplace (Supervisor Carole Groom)

Speakers recognized by the President:

Supervisor Carole Groom, Board of Supervisors

Mary Hansell, Family Health Services

Anne Garrett, Family Health Services

Lorelei Komery, Deloitte LLP

Motion: Tissier / Second: Jacobs Gibson

5.

9:15 a.m.

Presentation on the Bay Division Pipeline Reliability Upgrade Project by the San Francisco Public Utilities Commission (Communications From Other Agencies)

Speakers recognized by the President:

Christina Kirby, San Francisco Public Utilities Commission

Joe Ortiz, San Francisco Public Utilities Commission

Supervisor Adrienne Tissier, Board of Supervisors

Supervisor Mark Church, Board of Supervisors

Supervisor Rose Jacobs Gibson, Board of Supervisors

6.

9:15 a.m.

Public hearing to consider a Coastal Development Permit and Certificate of Compliance, Type B to legalize a 17,900 square foot parcel pursuant to Section 6328.4 of the County Zoning Regulations and Section 7134 of the County Subdivision Regulations, a Use Permit, Coastal Development Permit and Design Review Permit to construct a new single-family residence and septic system pursuant to Sections 6227.b.5, 6328.4 and 6565.3 of the County Zoning Regulations, a Variance to allow a 20-foot front yard setback and 35-foot rear yard setback where 50 feet is required for each pursuant to Section 6531 of the County Zoning Regulations, a Grading Permit to perform approximately 175 cubic yards of fill and approximately 13 cubic yards of excavation pursuant to Section 8602.1 of the San Mateo County Code, certification of a Mitigated Negative Declaration pursuant to the California Environmental Quality Act on a parcel located within the Community Open Space Conservation Zoning District on the west side of Avenue Alhambra between Palma Avenue and Francisco Street, unincorporated El Granada area (Applicant: Jim Irizarry / Owner: Craig and Deborah Caron) This project is appealable to the California Coastal Commission. (Planning and Building Department) (Continued from the meeting of August 4, 2009)

A)

Report and recommendation

B)

Close public hearing

Motion: Gordon / Second: Tissier

Ayes: Church, Groom, Gordon, Jacobs Gibson and Tissier

Noes: None.

C)

Approve the certification of the revised Mitigated Negative Declaration

D)

Grant the appeal and approve the Coastal Development Permit and Certificate of Compliance, Type B, legalizing the parcel by making the required findings and adopting the conditions of approval

Motion to approve: Gordon / Second: Tissier

Ayes: Church, Groom, Gordon, Jacobs Gibson and Tissier

Noes: None.

E)

Deny the Coastal Development Permit, Variance, and Use Permit for a new single-family residence by making the findings for denial

Speakers recognized by the President:

Lisa Grote, Planning and Building

Supervisor Mark Church, Board of Supervisors

Michael McCracken, Attorney for the Applicant and Owners

Supervisor Adrienne Tissier, Board of Supervisors

Merrill Bobele, Loma Prieta Sierra Club Coastal Issues Committee

Kathryn Slater-Carter, Montara

Len Erickson, El Granada

Leni Schultz, El Granada

Leonard Woren, El Granada

Lennie Roberts, Committee for Green Foothills

Fran Pollard, El Granada

Yvonne Bedor, El Granada

Jim Irizzary, Applicant, Half Moon Bay

Steve Conran, El Granada

Supervisor Carole Groom, Board of Supervisors

Supervisor Rich Gordon, Board of Supervisors

Supervisor Rose Jacobs Gibson, Board of Supervisors

Brenda Carlson, County Counsel

John Nibbelin, County Counsel

Motion to deny: Gordon / Second: Tissier

The Board of Supervisors determined that the effective recordation date for the parcel is subsequent to December 1, 1981 and that residential use on the subject parcel is therefore not permitted.

7.

1:30 p.m.

Presentation of Service Awards (Room 101, 455 County Center, Redwood City) (County Manager)

8.

County Manager’s report:

A)

Analysis of the 2009-10 State Budget

B)

Monthly update on the American Recovery and Reinvestment Act Funding

Speakers recognized by the President:

David S. Boesch, County Manager

Supervisor Rich Gordon, Board of Supervisors

Supervisor Adrienne Tissier, Board of Supervisors

9.

Resolution (070337) approving budget balancing principles for FYs 2010-2013 to eliminate the General Fund structural budget imbalance

Speakers recognized by the President:

David S. Boesch, County Manager

Supervisor Adrienne Tissier, Board of Supervisors

Supervisor Carole Groom, Board of Supervisors

Supervisor Rich Gordon, Board of Supervisors

Supervisor Mark Church, Board of Supervisors

Nadia Bledsoe, AFSCME Local 829

Supervisor Rose Jacobs Gibson, Board of Supervisors

Motion: Jacobs Gibson / Second: Gordon

Ayes: Church, Groom, Gordon, Jacobs Gibson and Tissier

Noes: None.

10.

Board members’ committee reports

Supervisor Carole Groom extended the County of San Mateo’s thanks and appreciation to the Hillsdale High School teachers and administration for the wonderful job in defusing a potentially tragic situation on Monday, August 24, 2009.

Supervisor Adrienne Tissier announced that Disaster Preparedness Day will be held on Saturday, September 12, 2009 from 10:00 a.m. to 2:00 p.m. at South San Francisco High School and will include a demonstration/presentation on the H1N1 virus.

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.

11.

Approve the minutes for the meetings of July 7, 14 and August 4, 2009

12.

Recommendation approving the removal of Katherine Kerns as a Mental Health Board member and the appointment of Randall Fox to fill the vacancy (Supervisor Rich Gordon)

13.

Recommendation for the appointment of Patricia Haupt and Albert David to the Emergency Medical Care Committee representing Consumer, terms expiring March 31, 2013 (Supervisors Adrienne Tissier and Rose Jacobs Gibson)

14.

Recommendation for the appointment and reappointment to the Workforce Investment Board: (Supervisor Mark Church)

A)

Appoint Nicole Yelich and Tim Doyle, terms expiring June 30, 2011

B)

Reappoint Francine Serafin-Dickson, term expiring June 30, 2011

15.

Recommendation for the reappointment of Sandra Lang to the Commission on Aging, term expiring June 30, 2012 (Supervisor Adrienne Tissier)

16.

Recommendation for the reappointments of Gerda Cohn and Susy Castoria to the San Mateo County Commission on Disabilities, terms expiring June 30, 2012 (Supervisor Carole Groom)

17.

Ratification of a resolution (2973) honoring Kerri Martinez as the Director of Our Place County Child Care Center (Supervisor Mark Church)

18.

Ratification of a resolution (2974) honoring Doug Yamamoto as an honoree at the 30^th Annual C.O.P.E. Banquet of the San Mateo County Central Labor Council (Supervisor Mark Church)

19.

Ratification of a resolution (2975) honoring the University of California, Berkeley, Center for Labor Research and Education as an honoree at the 30^th Annual C.O.P.E. Banquet of the San Mateo County Central Labor Council (Supervisor Mark Church)

20.

Resolution (070338) authorizing the spending plan for FY 2009-10 State Law Enforcement Supplemental Fund allocation for the District Attorney and Sheriff’s offices (Jointly with the Sheriff)

21.

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, adopt a resolution (070339):

A)

Approving the Sewer System Management Plan prepared in accordance with the California State Water Resources Control Board Statewide General Waste Discharge Requirements for Sanitary Sewer Systems

B)

Directing the Director of the Department of Public Works to implement and periodically update the Sewer System Management Plan as necessary to comply with current regulatory requirements and best practices

22.

Resolution (070340) authorizing:

A)

An agreement with Edgewood Center for Children and Families for the provision of mental health services for FY 2009-10, in an amount not to exceed $1,017,277, $72,843 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

23.

Resolution (070341) authorizing:

A)

A grant agreement with First 5 San Mateo County to support the Prenatal to Three Initiative for FYs 2009-12, in an amount not to exceed $3,152,000, 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

24.

Resolution (070342):

A)

Waiving the competitive bidding process and authorizing the Purchasing Agent to execute a reagent purchase and system loan agreement with Gen-Probe Sales and Service, Inc. for the provision of test kits and reagents that will result in a vendor agreement for a term of three years, in the amount of $750,000, $125,000 is Net County Cost for FY 2009-10

B)

Authorizing the Purchasing Agent to add new reagents and test supplies to the reagent purchase and system loan agreement as necessary

25.

Resolution (070343):

A)

Waiving the Request for Proposal process and authorizing an agreement with Stanford Hospital and Clinics for the provision of child and adolescent psychiatry residency training services for FYs 2009-11, in an amount not to exceed $367,196, 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

26.

Resolution (070344) authorizing:

A)

An agreement with Ronald Greenwald, M.D. for the provision of neurosurgery services for FYs 2009-11, in an amount not to exceed $579,696

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

27.

Resolution (070345) authorizing:

A)

An agreement with Lil K. Nguyen, M.D., Inc. for the provision of psychiatry services for FYs 2009-11, in an amount not to exceed $120,645, 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

28.

Resolution (070346) authorizing an amendment to the agreement with the State of California Managed Risk Medical Insurance Board establishing San Mateo County as the administrator of the County Children’s Health Initiative Program, establishing new administrative policies, extending the term through June 30, 2010, increasing the amount by $309,789 to $2,043,014, no Net County Cost

29.

Resolution (070347) authorizing an amendment to the agreement with Front Street, Inc. for the provision of board and care services for adults, extending the term through June 30, 2011, increasing the amount by $1,253,175 to $1,533,850

30.

Resolution (070348) authorizing an amendment to the agreement with Harm Reduction Therapy Center for the provision of risk reduction counseling to HIV positive clients, decreasing the term to February 28, 2010, decreasing the amount by $57,336 to $240,539, no Net County Cost

31.

Resolution (070349) establishing Public Health Clinic fees effective September 1, 2009, $409,905 is Net County Cost

32.

Resolution (070350) establishing Public Health Laboratory fees effective September 1, 2009, $925,950 is Net County Cost

33.

Introduction of an ordinance amending the salary ordinance deleting a Financial Services Manager II position and adding a Director of Payor and Provider Contracting position for the San Mateo Medical Center and waiver of reading the ordinance in its entirety

This item was continued to the meeting of September 15, 2009 for adoption.

34.

Introduction of an ordinance amending the salary ordinance deleting a Deputy Director of Support and Compliance and a Clinical Services Manager I – Nursing positions and adding a Administrative Services Manager I and a Deputy Director of Acute Inpatient and Hospital Services positions for the San Mateo Medical Center and waiver of reading the ordinance in its entirety

This item was continued to the meeting of September 15, 2009 for adoption.

35.

Resolution (070351) authorizing:

A)

An agreement with North Peninsula Neighborhood Services Center for the operation of the Housing Revitalization Program for FY 2009-10, in an amount not to exceed $120,000, no Net County Cost

B)

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

36.

A)

Report recommending denial of the following claims (Non-Culpable):

Ibrahim Abedrabbo

Alvina Attard

Mariam Abedrabbo

Miguel Malfabon

James Anderson

Arthur and Kathleen Olmstead

Toni Anderson

Stanford University Hospital

B)

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

Richard Edward Wright Jr.

37.

Adoption of an ordinance (04476) amending the salary ordinance and accepting the report on the total number of positions in the County, previously introduced on August 4, 2009 and waiver of reading the ordinance in its entirety

38.

Resolution (070352) authorizing the Purchasing Agent to enter into agreements with Access Communications Inc., Cal Coast Telecom, and Cirrus Solutions, Inc. as copper and fiber cable installation providers for the term of August 28, 2009 through August 27, 2012, in a total amount not to exceed $500,000

39.

Resolution (070353) authorizing:

A)

An agreement with Forward Advantage, Inc. for the installation and maintenance of Imprivata’s OneSign Single Sign-On solution for the term of September 1, 2009 through August 31, 2012, in an amount not to exceed $503,741.50

B)

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

40.

Resolution (070354) waiving the Request for Proposal process and authorizing the Purchasing Agent to issue a purchase order to Accuvant, Inc. for the provision of a perpetual license for a BigFix System Lifecycle Management platform and associated support for the term of August 25, 2009 through August 24, 2012, in an amount not to exceed $348,000

41.

Resolution (070355):

A)

Approving the application and acceptance of a California State Parks Recreational Trails Program grant for the Crystal Springs Regional Trail South of Dam Project, in the amount of $350,000, no Net County Cost

B)

Authorizing the Director of the Department of Parks or his designee to execute all necessary applications, contracts, agreements, amendments and payment requests for the purpose of implementing the grant application

C)

Making necessary grant assurances

42.

Resolution (070356):

A)

Waiving the Request for Proposal process and authorizing an agreement with the San Mateo County Historical Association for the operation and maintenance of the County History Museum and two County historical sites for FY 2009-10, in the amount of $150,000, $150,000 is Net County Cost

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

43.

Resolution (070357) authorizing a one-time waiver of the $5.00 vehicle entry fee to Coyote Point Recreation area, Flood, Huddart, Junipero Serra, Memorial, San Bruno Mountain, and San Pedro Valley County Parks for the 16^th Annual National Public Lands Day on Saturday, September 26, 2009

44.

Resolution (070358) authorizing an amendment to the following agreements for the provision of early intervention, prevention and treatment services focusing on building developmental assets for at-risk youth, no Net County Cost:

A)

Cabrillo Unified School District, increasing the amount by $56,198 to $206,198

B)

Pyramid Alternatives, increasing the amount by $181,204 to $331,204

C)

Youth and Family Enrichment Services, increasing the amount by $287,459 to $437,459

D)

Youth Services Bureau YMCA of San Francisco, increasing the amount by $253,139 to $403,139

45.

Resolution (070359) authorizing:

A)

An agreement with Hellmuth, Obata & Kassabaum, Inc. for the provision of countywide space utilization and master planning services for the term of August 25, 2009 through August 24, 2010, in an amount not to exceed $439,000

B)

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

46.

Resolution (070360):

A)

Awarding a contract to HSR, General Engineering Contractors, Inc., dba HSR, Inc., for the Coyote Point Bay Trail Improvement Project, Coyote Point Recreation area, in the amount of $720,173

B)

Authorizing the Director of the Department of Public Works to execute contract change orders, in an amount not to exceed $108,025

47.

Resolution (070361):

A)

Awarding the following contracts for projects at the San Carlos Airport to:

1)

Interstate Grading and Paving, Inc. for the east access road rehabilitation, in the amount of $357,167

2)

Granite Rock Company dba Pavex Construction for the east taxiways rehabilitation, in the amount of $523,188

3)

Crusader Fence Company, Inc. for fencing and gate installation, in the amount of $208,285

B)

Authorizing the Director of the Department of Public Works to execute contract change orders, in the amount of $165,000

C)

Authorizing the Department of Public Works to file a Notice of Exemption of a California Environmental Quality Act Categorical Exemption

48.

Resolution (070362):

A)

Awarding a contract to Rodan Builders, Inc. for the San Mateo Medical Center, Ron Robinson Senior Care Center Project, in the amount of $965,750

B)

Authorizing the Director of the Department of Public Works to execute contract change orders, in the amount of $144,860

49.

Resolution (070363):

A)

Adopting plans and specifications dated May 12, 2009 including conformance with prevailing wage scale requirements for the resurfacing of various streets, unincorporated areas

B)

Authorizing the Director of the Department of Public Works to file a Notice of Exemption for a California Environmental Quality Act Categorical Exemption

C)

Awarding a contract to Pavex Construction, in the amount of $1,691,366

D)

Authorizing the Director of the Department of Public Works to issue change orders, in the amount of $169,136

50.

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

51.

Resolution (070364):

A)

Waiving the Request for Proposal process and authorizing an agreement with the San Mateo County Superintendent of Schools for the provision of prevocational and remedial education programs within the county’s correctional facilities for FY 2009-10, in an amount not to exceed $165,765

B)

Authorizing the Sheriff or his designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000 on the condition that sufficient funds are available in the Inmate Welfare Fund

The meeting was adjourned at 1:05 p.m. in memory of Roy Stenmark and Patrick (Pat) Moore.