PLEASE NOTE THERE WILL BE NO MEETING OF THE
BOARD OF SUPERVISORS ON FEBRUARY 17, 2009

The meeting was called to order at 9:01 a.m.

Tuesday, February 3, 2009

PLEDGE OF ALLEGIANCE

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

Absent: None.

1.

8:30 a.m.

CLOSED SESSION

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)

Mi’sha Edwards–Smith v. County of San Mateo

WCAB No. 480394

Settlement in the amount of $25,900, less a credit of $4,465.29 and future medical care

Maria Mora v. County of San Mateo

WCAB No. SFO 495251

Settlement in the amount of $41,750, less a credit of $7,200 and future medical care

2.

9:00 a.m.

REGULAR AGENDA (SEE PAGE 2)
CONSENT AGENDA (SEE PAGE 3)

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agenda are approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda.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: Gordon / Second: Tissier

3.

ORAL COMMUNICATIONS

Speakers recognized by the President:

Irma Compton, Chairperson, SEIU Local 521

Imelda Oseguera, SEIU Local 521

Myrna Bravo, SEIU Local 521

Ed Burns, SEIU Local 521

4.

9:00 a.m.

Presentation by Second Harvest Food Bank serving San Mateo County (Supervisor Adrienne Tissier)

Speakers recognized by the President:

Supervisor Adrienne Tissier, Board of Supervisors

Keith Flagler, Second Harvest Food Bank

Cindy McCown, Second Harvest Food Bank

5.

9:15 a.m.

Accept a 2008 Flex Your Power Award and an Association of Bay Area Governments Energy Watch rebate check, in the amount of $418,344.97 (Department of Public Works)

Speakers recognized by the President:

Joe La Mariana, RecycleWorks

Kathy Lavezzo, Pacific Gas and Electric

6.

County Manager’s report

David Boesch addressed the IHSS contract issue discussed under oral communications. It is scheduled for closed session on Tuesday, February 10, 2009. Mr. Boesch gave an update on the State and County Budgets.

Supervisor Gordon requested to add an agenda item to the February 10, 2009 for discussion on the State Budget and the long term deferral of payments and to consider adopting a resolution establishing a local policy that general funds will not be used on deferred payments.

Speakers recognized by the President:

David Boesch, County Manager

Supervisor Rich Gordon. Board of Supervisors

Supervisor Adrienne Tissier, Board of Supervisors

Supervisor Mark Church, Board of Supervisors

Supervisor Rose Jacobs Gibson, Board of Supervisors

Supervisor Carole Groom, Board of Supervisors

7.

Board members’ committee reports

8.

Recommendation for the reappointment of Harvey Kaplan to the First 5 Commission representing a Public Member, term expiring December 31, 2011 (Supervisor Rich Gordon)

9.

Ratification of a proclamation (2886) designating February 1, 2009 as Chinese New Year Day in honor of Foster City’s celebration of the Year of the Ox (Supervisor Carole Groom)

10.

Resolution (069910) authorizing:

A)

The issuance and sale of bonds of the Millbrae School District

B)

Prescribing the terms of sale by competitive bid, or in the alternative by negotiated sale, in an amount not to exceed $12,000,000 of said bonds

C)

Approving forms of and authorizing distribution of Official Notice of Sale, Notice of Intention to Sell Bonds and Bond Purchase Contract

D)

Delegating to the County Treasurer-Tax Collector authorization to award bid for said Bonds and authorizing execution of necessary certificates

11.

Resolution (069911) authorizing an agreement with Alan Biller & Associates, Inc. for the provision of investment consulting services for the term of February 4, 2009 through May 29, 2009, in an amount not to exceed $95,000

12.

Adoption of an ordinance (04457) amending Section 2.61.030 of the San Mateo County Ordinance Code assigning the San Mateo County Planning Commission the responsibility to annually review the County’s Capital Improvement Program for consistency with the County’s General Plan, previously introduced on January 27, 2009 and waiver of reading the ordinance in its entirety

13.

Resolution (069612) authorizing an agreement with the California Department of Public Health for the provision of HIV-1 viral load testing for FYs 2008-11, in the amount of $180,000, no Net County Cost

14.

A)

Report recommending denial of the following claims:

Claims (Non-Culpable)

Ronald Ray Davis (2)

Henry James Koehler

Karla Fernandez

Michael Lester

Robert L. Forrest

Stanford University Hospital

Davena Gentry

Jerald and Sandra Wolkoff

B)

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

Pamela Morgan

15.

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 February 10, 2009 for adoption.

16.

Adoption of an ordinance (04458) amending the salary ordinance and accepting the report on the total number of positions in the County, previously introduced on January 27, 2009 and waiver of reading the ordinance in its entirety

17.

Introduction of an ordinance amending the following sections of the San Mateo County Ordinance Code and waiver of reading the ordinance in its entirety:

A)

Section 2.50.080 establishing record of survey and map checking fees

B)

Paragraph 5.b. (2) of Section 7010 establishing requirements and charges for record of survey maps

This item was continued to the meeting of February 10, 2009 for adoption.

18.

Introduction of an ordinance amending Section 2.53.070 of the San Mateo County Ordinance Code clarifying the permissible use of fees that are charged to mitigate the burden on existing County public roads and drainage systems that is caused by new development in the unincorporated area of the County and waiver of reading the ordinance in its entirety

This item was continued to the meeting of February 10, 2009 for adoption.

19.

Introduction of ordinance amending Chapter 2.54 of the San Mateo County Ordinance Code specifying bidding procedures for public works projects, and adopting uniform construction cost accounting procedures and waiver of reading the ordinance in its entirety

This item was continued to the meeting of February 10, 2009 for adoption.

20.

Introduction of an ordinance amending Chapter 4.24 of the San Mateo County Ordinance Code regarding sewer connections and discharge of waste into the sewer system and waiver of reading the ordinance in its entirety

This item was continued to the meeting of February 10, 2009 for adoption.

21.

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 was adjourned at 9:53 a.m. in memory of Millard Fuller and Irv Amstrup to reconvene on Tuesday, February 10, 2009 at 8:15 a.m. in Closed Session – Litigation and Personnel Matters, and thereafter for the regularly scheduled Board meeting.