PLEASE NOTE THERE WILL BE NO MEETING OF THE
BOARD OF SUPERVISORS ON JANUARY 30, 2007

The meeting was called to order at 9:02 a.m.

Tuesday, January 23, 2007

PLEDGE OF ALLEGIANCE

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

Absent: None.

1.

8:15 a.m.

CLOSED SESSION

A)

Conference with Legal Counsel – Existing Litigation

Oscar Braun et al. v. County of San Mateo

United States District Court Case No. C 03 3415 MJJ

Safer II Corporation v. County of San Mateo et al.

San Mateo County Superior Court Case No. 459549

B)

Public Employment

Title: County Counsel

No report.

2.

9:00 a.m.

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

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agenda are approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda.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

Church/Hill

3.

ORAL COMMUNICATIONS

A letter was submitted by Alicia Torre regarding Wireless Communication Facilities.

4.

9:00 a.m.

This item has been removed from the agenda.

Hearing to consider resolutions authorizing: (Continued from the meeting of January 9, 2007) (Public Works)

A)

An agreement with BluePoint Energy, Inc. for engineering, procurement and the construction of a cogeneration system at the San Mateo County Health Campus

B)

The Director of Public Works to submit an application to the California Energy Commission for funding to finance the project

5.

9:15 a.m.

Accept the informational memorandum outlining the, “Earn It! Keep It! Save It! Earned Income Tax Credit,” program efforts (Human Services Agency)

Speakers recognized by the President:

Beverly Johnson, Director, Human Services Agency

Supervisor Jerry Hill, Board of Supervisors

6.

9:15 a.m.

Presentation of a proclamation (2580) designating January 22 through 26, 2007 as National Eligibility Workers Week (Supervisor Rose Jacobs Gibson)

Speakers recognized by the President:

Beverly Johnson, Director, Human Services Agency

Jacobs Gibson/Gordon

7.

9:30 a.m.

Hearing to consider an appeal of the Planning Commission’s decision to approve Coastal Development and Resource Management permits to remove 27 diseased Monterey pine trees located at 801 June Hollow Road, unincorporated Montara (Applicant/Owner: Paul and Leea Henderson/ Appellant: Coastside Neighbors Alliance) This project is not appealable to the California Coastal Commission: (Planning and Building Department)

A)

Report and recommendation

B)

Close hearing – Gordon/Church

C)

Approve or deny appeal – Gordon/Church

Speakers recognized by the President:

Lisa Grote, Director, Planning and Building Department

Supervisor Adrienne Tissier, Board of Supervisors

Supervisor Jerry Hill, Board of Supervisors

Supervisor Rich Gordon, Board of Supervisors

Leea and Paul Henderson, 801 June Hollow Road, Montara 94037

Two conditions were added:

1) The arborist was asked to decide which trees should be removed during phase one.

2) 27 healthy trees should remain at the end of the two phases.

8.

9:45 a.m.

Hearing to consider a General Plan land use map amendment, zoning text and map amendments, major subdivision, exception to the subdivision regulations and certify the mitigated Negative Declaration to subdivide an approximately 18,000 sq. ft. parcel to create a 10-unit townhome development on property located at 101 Fifth Avenue, unincorporated North Fair Oaks area (Applicant: Greg Ward/Owner: Blair Development): (Planning and Building Department)

A)

Report and recommendation

B)

Close hearing – Tissier/Gordon

C)

Adopt a resolution (068482) to change the General Plan Land Use designation from Neighborhood Commercial to High Density Residential

D)

Adopt an ordinance (04358) to change the Zoning Map designation from C-1/S-1, Neighborhood Business District/5,000 sq. ft. minimum parcel size to PUD-133, Planned Unit Development-No. 133, and waiver of reading the ordinance in its entirety

E)

Adopt an ordinance (04359) to enact, applicable only to the subject parcels, the PUD-133 Planned Unit Development-No. 133 regulations, and waiver of reading the ordinance in its entirety

Tissier/Hill

Speakers recognized by the President:

Lisa Grote, Director, Planning and Building Department

9.

10:00 a.m.

Hearing to consider a Coastal Development, Use and Resource Management District permits and certification of a mitigated Negative Declaration to allow the construction of a wireless antenna facility on a 70 acre parcel located at 1589 Higgins Canyon Road, unincorporated area east of Half Moon Bay (Applicant: Oscar Braun/Owner: Andrea Braun): (Planning and Building Department)

A)

Report and recommendation

B)

Close hearing – Hill/Gordon

C)

Certify mitigated Negative Declaration and approve permits by making the required findings and adopting the conditions of approval

Tissier/Gordon

Speakers recognized by the President:

Michael Murphy, Deputy County Counsel

10.

10:15 a.m.

Hearing to consider an appeal of the Planning Commission’s decision to approve a minor and air rights major subdivisions, first and second density bonuses for the development of Lot 1, a grading and use permits for a day care center, design review and certification of a mitigated Negative Declaration for a 123 unit affordable rental housing development with a day care center for 60 children and a 32 unit for-sale market-rate condominium development, including associated recreation and common areas located at 7880 El Camino Real, unincorporated Colma (Applicant/Owner: Bridge Housing Corporation/Appellant: Town of Colma): (Planning and Building Department)

A)

Report and recommendation

B)

Close hearing – Gordon/Church

C)

Approve or deny appeal – Gordon/Church

Speakers recognized by the President:

Lisa Grote, Director, Planning and Building Department

Duane Bay, Director, Department of Housing

Supervisor Adrienne Tissier, Board of Supervisors

Andrea Ouse, Town of Colma

Fro Vallerga, Town of Colma

Richard Mao, Town of Colma

Bob Lotti, Town of Colma

Roger Peters, 1198 El Camino Real, Colma 94014

Margaret Hambrick, 1000 El Camino Real, Colma 94014

Greg Saur, Bridge Housing, 345 Spear Street, Suite 700, San Francisco 94015

Greg Greenway, 4C’s, 2121 South El Camino Real, Suite A-100, San Mateo 94403

Lydia Tan, Bridge Housing, 345 Spear Street, Suite 700, San Francisco 94015

Chris Mohr, 139 Mitchell Avenue, Suite 108, South San Francisco 94080

Supervisor Jerry Hill, Board of Supervisors

Supervisor Mark Church, Board of Supervisors

Michael Murphy, Deputy County Counsel

Staff was asked to review the level of service and report back to the board.

11.

A)

Resolution (068483):

1)

Waiving the Request for Proposal process and authorizing the Director of Community Development to execute an agreement with Ferma Corporation to demolish the single-family dwelling located at 606 Larchmont, unincorporated Colma for the term of January 23, 2007 through March 31, 2007, in the amount not to exceed $198,000, in a form and upon terms approved by County Counsel

2)

Authorizing the Director of Community Development to execute contract amendments which modify the County's maximum fiscal obligation by no more than $25,000 (in aggregate), and/or modify the contract term and/or services so long as the modified term or services is/are within the current or revised fiscal provisions

B)

Resolution (068484) authorizing a transfer in the amount of $198,000 from Non-Departmental Reserves to Other Professional Contract Services in the Planning budget

Speakers recognized by the President:

Lisa Grote, Director, Planning and Building Department

Tom San Filippo, 50 16^th Avenue, San Mateo, 94402

Church/Gordon

12.

County Manager’s report:

A)

Resolution (068485) amending the 2007-08 State Legislative Session Program

B)

Resolution (068486) on the loss of federal entitlement benefits

C)

Preliminary Impact Analysis of the Governor’s Proposed 2007-08 State Budget

This item was transferred to the Consent Agenda.

13.

Resolution (068487) to support Virgin America in its attempt to receive regulatory approval from the Federal Aviation Administration to serve domestic airline travelers out of San Francisco International Airport (Supervisors Jerry Hill and Rich Gordon)

This item was transferred to the Consent Agenda.

14.

Resolution (068488) encouraging the Bay Area counties to participate in the Silicon Valley Leadership Group's Cool Commutes Challenge (Supervisors Jerry Hill and Rose Jacobs Gibson)

Hill/Church

15.

Board members’ committee reports

16.

Resolution (068489) authorizing the Chief Elections Officer to render specified election services for the Las Lomitas School District in conjunction with a special election to be held on Tuesday, March 6, 2007

17.

Resolution (068490) authorizing the Chief Elections Officer to render specified election services for the Pacifica School District in conjunction with a special mail ballot election to be held on Tuesday, May 8, 2007

18.

Recommendation for the appointment of Jany Xu to the Community Action Agency of San Mateo County, term expiring January 31, 2010 (Supervisor Rose Jacobs Gibson)

19.

Recommendation for the appointment of Jennifer Walsh to the Area Board 5 on Developmental Disabilities representing San Mateo County, term expiring January 23, 2010 (Supervisor Jerry Hill)

20.

Recommendation for the appointment of Scott M. Lee to the Employee’s Retirement Association, term expiring June 30, 2007 (Supervisors Rich Gordon and Jerry Hill)

21.

Recommendation for the appointments of Wilson Chan, Amy Cheuk, Bertram Leong, Claire Jun, Terry Kawi, Minn Oh, Jeffrey Shu, Samantha Smiley, Eddie Hu, Joseph Ha, Alexa Leung, Aiyanna Mourtos, Anna Murveit, Amandine Redington, Diane Alvites and Stephen Garibaldi to the Youth Commission (Supervisor Rich Gordon)

22.

Recommendation for the reappointments of Noreen Donohue and Jeanne Berg to the In-Home Supportive Services Advisory Committee, terms expiring December 31, 2010 (Supervisor Rose Jacobs Gibson)

23.

Recommendation for the reappointments of Supervisors Adrienne Tissier and Richard Gordon to the Commission on Public Assisted Medical Care, terms expiring January 1, 2010 (Supervisor Rose Jacobs Gibson)

24.

Ratification of a resolution (2581) honoring the life of Barbara Hammerman (Supervisor Rose Jacobs Gibson)

25.

Ratification of a resolution (2582) honoring the History Guild of Daly City/Colma upon its 25^th Anniversary (Supervisor Adrienne Tissier)

26.

Resolution (068491):

A)

Waiving the Request for Proposal process and authorizing an agreement with Croft Systems, Inc. for consulting services for the term of January 23, 2007 through December 31, 2007, in an amount not to exceed $251,400

B)

Authorizing the Chief Information Officer to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

27.

Resolution (068492):

A)

Waiving the Request for Proposal process and authorizing an agreement with Michael Daly for consulting services for the term of January 23, 2007 through December 31, 2007, in an amount not to exceed $166,400

B)

Authorizing the Chief Information Officer to execute subsequent amendments and minor modifications, in an amount not to exceed $25,000

28.

Adoption of an ordinance (04360) amending Section 9041 of Chapter 2 of Article 4 of Division VII of the San Mateo County Ordinance Code to provide for reduction or waiver by the Building Official of investigation fees for certain minor violations, previously introduced and waiver of reading the ordinance in its entirety

29.

Resolution (068493) authorizing:

A)

An agreement with Carmichael & Associates for the sublease of 4,200 square feet of medical offices located at 1241 East Hillsdale Boulevard, Foster City, for the term of January 1, 2007 through January 1, 2010, in the amount of $163,800 per year

B)

The County Manager or his designee to accept or execute on behalf of the County, any and all notices, options, consents, approvals, terminations and documents in connection with the sublease

30.

A)

Approve Revision Order Number 23 to the contract with Turner Construction Company for the full and final adjustment of the contract amount and contract time for the San Mateo County Youth Services Center, increasing the amount by $2,271,965 to $127,808,501

B)

Resolution (068494) authorizing a settlement and mutual release agreement with Turner Construction Company

C)

Resolution (068495) authorizing a transfer in the amount of $900,934 from reserves to Capital Project Expense to make the final settlement payment (4/5ths vote required)

31.

Resolution (068496) adopting a policy to define the County’s role, terms of engagement and resource allocation in the development of community schools throughout San Mateo County (Continued from the meeting of January 9, 2007)

32.

Accept the response to the following 2006-07 Grand Jury report: “Improving Access to County Employee Director Information”

33.

Resolution (068497) supporting the San Mateo County Department of Child Support Services participation in the expedited modifications pilot project established by SB 1483

34.

A)

Resolution (068498) accepting a Bay Area Ridge Trail Council grant award in the amount of $20,000, a Golden Gate National Park Conservancy contribution in the amount of $6,000 and a Midpeninsula Regional Open Space District contribution in the amount of $6,000 for the Bay Area Ridge Trail Feasibility Study and appointing the Director of the Department of Parks as the County’s agent to conduct all negotiations, and execute and submit all documents including, but not limited to the contract, grant agreement, amendments, payment requests and other documents that may be necessary for the completion of the project

B)

Resolution (068499) authorizing a transfer in the amount of $32,000 for contract services (4/5ths vote required)

35.

Resolution (068500) authorizing the District Attorney to submit annual grant proposals to the California Department of Insurance for programs for the investigation and prosecution of automobile and workers’ compensation insurance fraud through FY 2008-09

36.

Resolution (068501) authorizing a performance agreement with the State Department of Mental Health for San Mateo County Mental Health Services Division to implement specific local programs, meet performance outcome requirements and provide other administrative assurances for FY 2006-07

37.

Resolution (068502) authorizing a joint powers agreement with participating jurisdictions of the Bay Area Regional Registry to operate a regional immunization information system for the term of January 14, 2007 through January 13, 2012

38.

Resolution (068503) authorizing an agreement with Stanford Hospital and Clinics for medical direction and consultation to the Emergency Medical Services program for the term of January 1, 2007 through December 31, 2007, in an amount not to exceed $102,540, no Net County Cost

39.

Resolution (068504) authorizing an amendment to the agreement with American Medical Response West for phlebotomy services, extending the term through December 31, 2007, increasing the amount by $180,000 to $396,000, $110,000 Net County Cost

40.

A)

Resolution (068505) authorizing an amendment to the agreement with the California Department of Food and Agriculture to provide Pest Exclusion Program services for FY 2006-07, increasing the amount by $124,484 to $405,807

B)

Resolution (068506) authorizing a transfer in the amount of $124,484 from All Other State Aid to various accounts (4/5ths vote required)

C)

Introduction of an ordinance amending the salary ordinance adding two unclassified Biologist/Standards Specialist positions, and waiver of reading the ordinance in its entirety

This item was continued to the meeting of February 6, 2007 for adoption.

41.

Resolution (068507) approving an increase in penalties on specific offenses including moving traffic violations by $2.00 for every $10.00 collected to provide a specified share for pediatric trauma care and additional funding for Maddy Fund recipients

42.

Report recommending denial of the following claims:

Claims (Non-Culpable)

City of South San Francisco

Gil Perez, Jr.

Tamara Doukas

Mauricio A. Tercero

Richard I. Guidry

Janet Wherry

43.

Resolution (068508) authorizing a Memorandum of Understanding with the Organization of Sheriff’s Sergeants for the term of October 8, 2006 through October 12, 2013

44.

Adoption of an ordinance (04361) amending the salary ordinance and accepting the report on the total number of positions in the County, previously introduced and waiver of reading the ordinance in its entirety

45.

Adoption of an ordinance (04362) amending the salary ordinance adding three unclassified Job Development Specialist II positions, previously introduced and waiver of reading the ordinance in its entirety

46.

Resolution (068509) authorizing the Director of Public Works to proceed with:

A)

Preparing plans and specifications for sewer maintenance and rehabilitation type projects that:

1)

Do not have long lead times or require significant design

2)

Are not considered controversial

3)

Do not require state or federal grant approvals or other extensive permit approvals from regulatory agencies

B)

Advertising for bids for maintenance and rehabilitation type projects as defined above

47.

Resolution (068510) waiving the Request for Proposal process and authorizing an agreement with Seton Medical Center for tertiary medical services for FY 2006-07, in an amount not to exceed $1,000,000

48.

Resolution (068511):

A)

Waiving the Request for Proposal process and authorizing an agreement with American Medical Response West for medical transport services for the term of January 1, 2006 through December 31, 2011, in an amount not to exceed $425,000

B)

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

49.

Resolution (068512) authorizing:

A)

An agreement with CHIS, Inc. to provide coding of medical records admissions and discharges using the ICD-9CM coding guidelines for the term of January 1, 2007 through December 31, 2009, in an amount not to exceed $615,000

B)

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

50.

Resolution (068513) authorizing an amendment to the agreement with Sequoia Anesthesia Consultants for anesthesiology and pain management services, extending the term through April 30, 2007, increasing the amount by $830,000 to $2,490,000

51.

Resolution (068514) authorizing an amendment to the agreement with WebMedx for the installation and maintenance of an Electronic Signature Authentication system, increasing the amount by $80,000 to $4,030,000

52.

Resolution (068515) increasing the per diem administrative fee for the Sheriff’s Work Furlough and Electronic Monitoring Programs

The meeting adjourned at 11:37 a.m. in memory of Raymond Stagnero, Victor Graff and Eve Aiello to reconvene on Tuesday, February 6, 2007 at 8:15 a.m. in Closed Session - Litigation and Personnel Matters, and thereafter for the regularly scheduled Board meeting.