PLEASE NOTE THERE WILL BE NO MEETING OF THE
BOARD OF SUPERVISORS ON AUGUST 19, 26 AND SEPTEMBER 2, 2008

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

Tuesday, August 12, 2008

 

PLEDGE OF ALLEGIANCE

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

 

Absent: None

 

1.

8:30 a.m.

CLOSED SESSION

   
 

Conference with Legal Counsel – Existing Litigation

   
 

Genentech Inc. v. San Mateo County et al.

 

San Mateo County Superior Court Case No. CIV45678

   
 

No report.

   

2.

9:00 a.m.

REGULAR AGENDA (SEE PAGE 3)
CONSENT AGENDA
(SEE PAGE 4)
GOVERNING BOARD
(SEE PAGE 8)

     
 

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agendas are approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda.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

   

3.

ORAL COMMUNICATIONS

   
 

Speakers recognized by the President:

 

Therese Dyer, 1408 Crespi Drive, Pacifica 94044

 

Michael G. Stogner, 1655 San Carlos Avenue, #8, San Carlos 94070

   
   
   

MATTERS SET FOR SPECIFIED TIME

4.

9:00 a.m.

Who We Are and What We Do: Gang Unit, Sheriff’s Office (Supervisor Rose Jacobs Gibson)

     
   

Speakers recognized by the President:

   

Tim Gatto, Probation Department Gang Unit

   

Joe Leonor, Probation Department

     

5.

9:15 a.m.

Presentation on the San Mateo County Food System Alliance (Supervisor Rich Gordon)

     
   

Speakers recognized by the President:

   

Dr. Scott Morrow, Health Department

   

Gail Raabe, Agricultural Commissioner

   

April Vargas, Committee for Green Foothills

   

Pietro Parravano, Harbor District Commissioner

   

Tim Frahm, San Mateo County Farm Bureau

   

Jared Lawson, Pie Ranch

   

Supervisor Rose Jacobs Gibson, Board of Supervisors

   

Supervisor Jerry Hill, Board of Supervisors

     

6.

9:30 a.m.

Presentation of a proclamation (2837) designating August 26, 2008 as Women’s Equality Day (Supervisor Adrienne Tissier)

     
   

Speakers recognized by the President:

   

Pat Marquez, Commission on the Status of Women

   

Jan Norton - New Commissioner, Commission on the Status of Women

   

Martina Notello – New Commissioner, Commission on the Status of Women

     
   

Motion: Church / Second: Gordon

     

7.

9:30 a.m.

Introduction of an ordinance adding Chapter 4.58 to Title 4 of the San Mateo County Ordinance Code requiring chain foodservice establishments to post nutrition information and waiver of reading the ordinance in its entirety (Housing, Health and Human Services Committee: Supervisors Jerry Hill and Rose Jacobs Gibson)

     
   

Speakers recognized by the President:

   

Evelyn Long, American Cancer Society, 888 Foster City Boulevard, K8, Foster City 94404

   

Francisco Dominguez, 66 First Street #2, Gilroy 95020

   

Lara Diaz Dunbar, 621 Capital Mall, Sacramento 95814

   

Supervisor Rose Jacobs Gibson, Board of Supervisors

   

Supervisor Jerry Hill, Board of Supervisors

   

Supervisor Mark Church, Board of Supervisors

   

Supervisor Rich Gordon, Board of Supervisors

     
   

Motion: Hill / Second: Jacobs Gibson

     
   

This item was continued to the meeting of September 9, 2008 for adoption.

REGULAR AGENDA

COUNTY COUNSEL

8.

Adoption of an ordinance (04430) adding Chapter 2.04 to Title 2 of the San Mateo County Ordinance Code relating to the creation of an Independent Citizens Review Panel to review allegations of serious official misconduct on the part of an elected County official, previously introduced on August 5, 2008 and waiver of reading the ordinance in its entirety

   
 

This item was transferred to the Consent Agenda.

COUNTY MANAGER

9.

County Manager’s report:

   
 

John Maltbie, County Manager reported that there has not been a budget signed by the Governor.

BOARD OF SUPERVISORS

10.

Board members’ committee reports

 

The following was added to the agenda:

 

Addendum:

 

Resolution (069647) opposing the proposed Redwood City Charter Amendment Initiative

 

Speakers recognized by the President:

Daniel Cruey, 1301 Shoreway Road, Suite 150, Belmont 94002

Jim Bigelow, 1450 Veterans Boulevard, Suite 125, Redwood City 94063

Carole Wong, 852 Newport Circle, Redwood City, 94065

Trisha Sanchez, San Mateo County Sheriff’s Office

Jerry Pierce, 1028 Eden Bower Lane, Redwood City 94061

Lennie Roberts, Committee for Green Foothills, 339 La Cuesla, Portola Valley 94028

Gene Lentz, Silicon Valley Association of Realtors, Menlo Park 94025

Greg Richane, Housing Leadership Council,139 Mitchell Avenue, Suite 108, South San Francisco 94080

Ralph Nobles, 3720 Country Club Drive, Redwood City 94061

James Jonas, 1548 Maple Street, Redwood City 94063

Matt Regan, 201 California Street, San Francisco 94105

Michael Murphy, County Counsel

Supervisor Jerry Hill, Board of Supervisors

Supervisor Rose Jacobs Gibson, Board of Supervisors

Supervisor Rich Gordon, Board of Supervisors

Supervisor Mark Church, Board of Supervisors

 

Motion: Gordon / Second: Jacobs Gibson

CONSENT AGENDA

BOARD OF SUPERVISORS

11.

Resolution (069628) authorizing an agreement with the San Mateo County Exposition and Fair Association for the provision of management of the San Mateo County Fair and the San Mateo County Event Center (Supervisors Jerry Hill and Adrienne Tissier)

   

12.

Recommendation for the appointment of Benedict J. Bowler to the Employees Retirement Association, term expiring June 30, 2010 (Supervisors Jerry Hill and Rich Gordon)

   

13.

Adoption of an ordinance (04431) imposing a business license tax on operators of commercial parking facilities at the rate of eight percent (8%) of gross receipts of parking facility operators in the unincorporated county, previously introduced on August 5, 2008 and waiver of reading the ordinance in its entirety (4/5ths vote required) (Finance and Operations Committee: Supervisors Mark Church and Rich Gordon)

   

14.

Adoption of an ordinance (04432) imposing a business license tax on operators of vehicle rental businesses at the rate of two and one-half percent (2.5%) of gross receipts of vehicle rental businesses in the unincorporated county, previously introduced on August 5, 2008 and waiver of reading the ordinance in its entirety (4/5ths vote required) (Finance and Operations Committee: Supervisors Mark Church and Rich Gordon)

   
 

This item was transferred to the Regular Agenda.

   
 

Speakers recognized by the President:

 

Leonard Almalech, 20875 Saratoga Hill Road, Saratoga 95070

 

Karen Petrulakis, Folger Levin & Kahn LLP, 275 Battery St., 23rd Floor, San Francisco 94111

 

Dan Harvey, 177 South Airport Boulevard, South San Francisco 94080

 

Richard Delaney, 3800 Delmont Avenue, Oakland 94605

 

Don Barbe, 1056 Dodge Drive, Redwood City 94063

   
 

Motion: Gordon / Second: Church

   

15.

Ratification of a resolution (2838) honoring the North Peninsula Neighborhood Services Center upon its 35th Anniversary (Supervisor Mark Church)

COUNTY COUNSEL

16.

Resolution (069629) authorizing an amendment to the Declaration of Covenants and Restrictions on Real Property on San Bruno Mountain

COUNTY MANAGER

17.

A)

Introduction of an ordinance amending and deleting various San Mateo County ordinance code sections to implement the placement of all County health functions within a new Health System Department and waiver of reading the ordinance in its entirety

     
 

B)

Introduction of an ordinance amending the salary ordinance adding a Chief to lead the newly created Health System Department and waiver of reading the ordinance in its entirety

     
 

This item was continued to the meeting of September 9, 2008 for adoption.

   

18.

Resolution (069630) authorizing a transfer in the amount of $11,800,000 from General Fund Non-Departmental Reserves to Other Financing Uses-Operating Transfers Out, increasing Other Financing Sources-Operating Transfers In and Other Charges-Retirement of Long-Term Debt by $11,800,000 in the Debt Service Fund for the purpose of refinancing the 2003 Youth Services Center bonds (4/5ths vote required)

HEALTH

19.

Resolution (069631) authorizing:

     
 

A)

An agreement with Visions Recycling, Inc., for the provision of latex paint recycling services for the term of August 1, 2008 through July 31, 2011, in an amount not to exceed $750,000, no Net County Cost

     
 

B)

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

   

20.

Resolution (069632) authorizing an amendment to the agreement with the State of California Managed Risk Medical Insurance Board to establish new administrative policies, extending the term through June 30, 2009, increasing the amount by $354,586 to $1,733,225, no Net County Cost

HOUSING

21.

Resolution (069633) authorizing:

     
 

A)

An agreement with the Redevelopment Agency of the City of San Mateo for the rehabilitation of a single room occupancy hotel for use as affordable housing for the homeless for FY 2008-09, in an amount not to exceed $500,000, 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

HUMAN RESOURCES

22.

Adoption of an ordinance (04433) amending the salary ordinance and accepting the report on the total number of positions in the County, previously introduced on August 5, 2008 and waiver of reading the ordinance in its entirety

HUMAN SERVICES

23.

Resolution (069634):

   
 

A)

Waiving the Request for Proposal process and authorizing an agreement with the San Mateo County Community College District for the provision of Independent Living Skills Program classes for the term of September 1, 2008 through June 30, 2009, in an amount not to exceed $132,228, no Net County Cost

   
 

B)

Authorizing 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

24.

Resolution (069635) authorizing an agreement with the City and County of San Francisco for partial funding of the Airport/Community Roundtable for FY 2008-09, in the amount of $125,000, no Net County Cost

PUBLIC WORKS

25.

Resolution (069636) authorizing:

   
 

A)

An agreement with Allied Waste Services for the operation, recovery, transport and disposal of solid waste, recyclables and reusables at the Pescadero Transfer Station for the term of August 15, 2008 through August 14, 2015, in the amount of $340,000 annually, no Net County Cost

     
 

B)

The Director of the Department of Public Works to annually adjust the gate fees for the users of the Transfer Station Material Recovery Facility up to the Consumer Price Index increase

   

26.

Resolution (069637) awarding a contract to A-1 Construction for the construction of the First Phase of the Mirada Surf Coastal Trail, El Granada area, in the amount of $179,977, no Net County Cost

   

27.

Resolution (069638) making a determination of zero property tax exchange pursuant to the California Revenue and Taxation Code Section 99 et seq., for annexation of Skyline Frontage Road, Black Mountain Road and Golf Course Drive to the Town of Hillsborough

   

28.

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

SamCERA

29.

Adoption of an ordinance (04434) amending the salary ordinance reclassifying seven positions and adjusting the salary of seven positions, previously introduced on August 5, 2008 and waiver of reading the ordinance in its entirety

SAN MATEO MEDICAL CENTER

30.

Resolution (069639) authorizing:

   
 

A)

An agreement with Howard Belfer, MD for the provision of neurology services for the term of April 1, 2008 through March 31, 2011, in an amount not to exceed $375,000

     
 

B)

The Chief Executive Officer of the San Mateo Medical Center or his designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

   

31.

Resolution (069640) authorizing:

   
 

A)

An agreement with Michael Siegel, MD for the provision of neurology services for the term of April 1, 2008 through March 31, 2011, in an amount not to exceed $375,000

   
 

B)

The Chief Executive Officer of the San Mateo Medical Center or his designee to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

   

32.

Resolution (069641) authorizing an amendment to the CareAdvantage agreement with San Mateo Health Commission dba Health Plan of San Mateo for the provision of Medicare services, increasing the inpatient per diem rate by $275.57 to $1,035.57 effective July 1, 2008

   

33.

Adoption of an ordinance (04435) amending the salary ordinance, previously introduced on August 5, 2008 and waiver of reading the ordinance in its entirety:

   
 

A)

Decreasing Staff Physician – Unclassified by 2 positions

     
 

B)

Increasing Physician Series and Patient Care Series by 1 position each

SHERIFF

34.

Resolution (069642):

   
 

A)

Waiving the Request for Proposal process and authorizing an agreement with the San Mateo County Superintendent of Schools for prevocational and remedial education programs within the County’s detention facilities funded through the Inmate Welfare Fund for FY 2008-09, in an amount not to exceed $163,339

   
 

B)

Authorizing the Sheriff 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

   

35.

Resolution (069643) authorizing an amendment to the agreement with the City and County of San Francisco for FY 2006 Super Urban Area Security Initiative grant program, extending the term through June 30, 2008, increasing the amount by $55,712 to $342,836

GOVERNING BOARD

MATTERS SET FOR SPECIFIED TIME

     

36.

9:15 a.m.

Acting as the Governing Board of San Mateo County Service Area No. 8, conduct a public hearing to consider a resolution: (Continued from the meeting of August 5, 2008)

     

A)

Adopting the 2008-09 Garbage and Recyclables Collection Report for County Service Area No. 8, North Fair Oaks area

   

B)

Directing the filing of the report with the Clerk of the Board per County Ordinance Code, Chapter 4.04, Section 4.04.220-4.04.270

   

C)

Authorizing the Director of the Department of Public Works as appropriate to approve refunds during the fiscal year

   
 

1)

Report and recommendation

     
 

2)

Close public hearing – Motion: Gordon / Second: Hill

     
 

3)

Adopt resolution (069644) Motion: Jacobs Gibson / Second: Church

CONSENT AGENDA

   

37.

Acting as the Board of Commissioners of the Housing Authority of the County of San Mateo, adopt Resolution No. 2008-07 (069645) authorizing the Director of the Department of Housing to execute an agreement with AIG Retirement Services Company for the provision of 401(a) and 457 retirement plan administrative services for the employees of the Housing Authority for the term of September 24, 2008 through September 30, 2012

   

38.

Acting as the Governing Board of the Emerald Lake Heights Sewer Maintenance District, adopt a resolution (069646) awarding a contract to Casey Construction, Inc. for the repair of sanitary sewer lines damaged by landslides in the vicinity of Park Road and Springdale Way, Emerald Lake Hills area, in the amount of $271,018

   
 

The meeting adjourned at 11:11 a.m. in memory of Joe Fernekes to reconvene on Tuesday, September 9, 2008 at 8:15 a.m. in Closed Session - Litigation and Personnel Matters, and thereafter for the regularly scheduled Board meeting