PLEASE NOTE THERE WILL BE NO MEETING OF THE
BOARD OF SUPERVISORS ON DECEMBER 23 AND 30, 2008

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

Tuesday, December 9, 2008

PLEDGE OF ALLEGIANCE

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

Absent: None

1.

8:15 a.m.

CLOSED SESSION

A)

CNA Negotiations

County Negotiator: Diana Doughtie

B)

Conference with Legal Counsel – Existing Litigation

Braun et al. v. County of San Mateo

United States District Court Case No. C 08-4814 JL

County of San Mateo v. State Board of Equalization

San Francisco Superior Court Case No. CGC 07-459514

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

San Mateo County Superior Case No. CIV456781

In re Lehman Brothers Holdings, Inc.

United States Bankruptcy Court, Southern District of New York,

Case No. 08-13555 (JMP)

C)

Conference with Legal Counsel – Anticipated Litigation

Significant exposure to litigation pursuant to subdivision (b)(1) of Government Code Section 54956.9

One case

No report with the exception of Genentech.

2.

9:00 a.m.

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

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agenda are approved by one roll call motion unless a request is made at the beginning of the meeting that an item be withdrawn or transferred to the regular agenda.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

Gordon/Church

3.

ORAL COMMUNICATIONS

No member of the public wished to speak.

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.

Public hearing to consider a zoning text amendment to the Zoning Regulations portion of the San Mateo County Ordinance Code to establish regulations for wireless telecommunication facilities: (Continued from the meeting of October 28, 2008) (Planning and Building Department)

A)

Certify the Negative Declaration – Jacobs Gibson/Gordon

B)

Resolution (069809) adopting the zoning text amendment, adding Chapter 24.5 of Division VI, Part One of the San Mateo County Ordinance Code

C)

Adopt an ordinance (04450) adding Chapter 24.5 of Division VI, Part One of the San Mateo County Ordinance Code and waiver of reading the ordinance in its entirety

1)

Report and recommendation

2)

Close public hearing – Gordon/Church

3)

Adopt resolution – Gordon/Church

4)

Adopt ordinance – Jacobs Gibson/Gordon

Supervisor Gordon requested adding text amendments provided by staff and adding language to include 1,600 square feet of maximum buildout in residential areas with the attempt to reach the smallest footprint possible, but no more than 1,600 square feet.

Changes on the ordinance to include the following:

Section 6512.2.B: Add the phrase 'with less environmental impact.

Sections 6512.2.I.(2) and (3) and Sections 6513.1.F(1) and (2): Add the phrase 'except as allowed under Chapter 4 of the Zoning Regulations' to all.’

Sections 6512.2.K and 6513.1.H: Add the phrase 'the overall footprint of the facility shall be as small as possible' to both.

Sections 6512.3.J and 6513.2.H: Add the phrase 'subject to reasonable terms and conditions' to both.

Section 6512.5.B(10): Add the sentence 'In addition, the applicant may propose a smaller facility to be considered by the decision maker.'

Speakers recognized by the President:

Steve Monowitz, Planning and Building

Kurt Oppenheimer, Palomar Park

Alicia Torre, San Carlos

Paul Albritton, Verizon Wireless, San Francisco

Lennie Roberts, Committee for Green Foothills, Portola Valley

Rich Landi, Palomar Park

Supervisor Rich Gordon, Board of Supervisors

Supervisor Rose Jacobs Gibson, Board of Supervisors

Supervisor Mark Church, Board of Supervisors

Supervisor Adrienne Tissier, Board of Supervisors

Lisa Grote, Director, Planning and Building Department

5.

9:15 a.m.

Public hearing to consider the introduction of an ordinance amending Sections 9004, 9015, 9022, 9025, 9027, 9029, 9032, 9033, 9042, 9058, 9067, 9100, 9104, 9113, 9114, 9150, 9180, 9184, 9200, 9271, and adding new Sections 9116 and 9117 to implement the 2007 Editions of the California Building Standards Code, California Plumbing Code, California Mechanical Code, and California Electrical Code and waiver of reading the ordinance in its entirety

A)

Report and recommendation

B)

Close public hearing – Church/Gordon

C)

Continue the hearing until the second reading of the ordinance – Church/Jacobs Gibson

Speakers recognized by the President:

Lisa Grote, Director, Planning and Building Department

Tom Enslow, Plumbers and Steamfitters Union Local 467, Sacramento

This item was continued to the meeting of December 16, 2008 for adoption.

6.

9:30 a.m.

Consideration of criteria to be used in the appointment of a Supervisor to represent District 2 on the San Mateo County Board of Supervisors (County Counsel)

Speakers recognized by the President:

Michael P. Murphy, County Counsel

Marie Baldesseri, League of Women Voters, South San Francisco

Shelley Kessler, San Mateo County Central Labor Council, Foster City

Linda Asbury, San Mateo

Nadia Bledsoe, A.F.S.C.M.E. Local 829, South San Francisco

Ed Burns, East Palo Alto

William A. Nack, San Mateo County Building Trades Council, Foster City

Dave Pine, Burlingame

Lennie Roberts, Portola Valley

7.

1:30 p.m.

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

8.

County Manager’s report

The County Manager reported on the State budget and Federal bailout.

9.

Recommendation for the appointment of interim members of the Board of Supervisors Environmental Quality, and Housing, Health and Human Services Standing Committees (Supervisor Adrienne Tissier)

Speakers recognized by the President:

Supervisor Rich Gordon, Board of Supervisors

Supervisor Mark Church, Board of Supervisors

This item was continued to the meeting of January 6, 2009.

10.

Board members’ committee reports

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.

Resolution (069810):

A)

Accepting the certificate of the Chief Elections Officer as the statement of the vote as determined by the official canvass of the consolidated November 4, 2008 Presidential General Election

B)

Declaring certain candidates to be elected or appointed in lieu of holding an election

C)

Declaring the results of certain ballot measures

12.

Resolution (069811) approving the amendments to the Conflict of Interest Codes of County Departments, School Districts, Special Districts and Agencies

13.

Resolution (069812) authorizing a transfer in the amount of $90,441 from Non-Departmental General Fund Reserves to Services and Supplies for the purpose of relocating property ownership and vital records retained at the Election’s warehouses (4/5ths vote required)

14.

Recommendation for the appointment of Supervisor Adrienne J. Tissier to the Caltrain Joint Powers Board and the Transbay Terminal Joint Powers Authority as the Board of Supervisors SamTrans representative (Supervisor Adrienne Tissier)

Speakers recognized by the President:

Supervisor Rich Gordon

Supervisor Mark Church

John Maltbie, County Manager

This item was continued to the meeting of January 6, 2008.

15.

Resolution (2866) honoring Jim Janz upon his retirement as a member of the Town Council for the Town of Atherton (Supervisor Rich Gordon)

16.

Ratification of a resolution (2867) honoring Frossanna Vallerga upon her retirement as a member of the Town Council for the Town of Colma (Supervisor Adrienne Tissier)

17.

Resolution authorizing a property tax exchange between the County of San Mateo and the City of San Carlos for the proposed annexation of the Lands of Dobel, Cameron and Grove located on Winding Way, unincorporated Devonshire area

This item was removed from the agenda.

Speakers recognized by the President:

Supervisor Rich Gordon

18.

Recommendation for the appointment of Francisco Romero to the Juvenile Justice and Delinquency Prevention Commission

This item was removed from the agenda.

19.

Recommendation for the appointment of Stevan Sims to the Juvenile Justice and Delinquency Prevention Commission

20.

Recommendation for the reappointment of Bonnie Miller to the Juvenile Justice and Delinquency Prevention Youth Commission

21.

A)

Resolution (069813) authorizing an agreement with the California Department of Food and Agriculture for the provision of high risk pest exclusion inspection services to prevent the introduction of economically important plant pests and diseases for FY 2008-09, in the amount of $549,818, no Net County Cost

B)

Resolution (069814) authorizing a transfer in the amount of $138,766 from Unanticipated Revenue to various accounts (4/5ths vote required)

C)

Introduction of an ordinance amending the salary ordinance adding one unclassified Biologist/Standards Specialist position to assist with daily inspections and waiver of reading the ordinance in its entirety

The ordinance was continued to the meeting of December 16, 2008 for adoption.

22.

Resolution (069815) authorizing an agreement with the California Department of Public Health for the provision of public health emergency preparedness for the term of July 1, 2008 through August 9, 2009, in the amount of $1,355,494, $88,328 is Net County Cost

23.

Resolution (069816) authorizing an agreement with Caturay Dental Practice for the provision of dental services for inmates of the San Mateo County jail system and minors in custody at the Youth Services Center for the term of January 1, 2009 through December 31, 2011, in an amount not to exceed $243,360, $243,360 is Net County Cost

24.

Resolution (069817) authorizing an agreement with the City/County Association of Governments for the provision of public outreach services for the National Pollutant Discharge Elimination System permit requirements for FY 2008-09, in an amount not to exceed $311,320, no Net County Cost

25.

Resolution (069818) authorizing:

A)

An agreement with the Health Plan of San Mateo (HPSM) for administration of the Consolidated Access and Care for Everyone (ACE) Program, including payment for indigent medical services on behalf of the County for the term of January 1, 2009 through December 31, 2011, in the amount of $179,370,000, no Net County Cost

B)

The termination of the existing agreement with the HPSM for administration of the Coverage Initiative (SB1448)/ACE for the term of September 1, 2007 through August 31, 2010, in a total amount not to exceed $1,360,800

26.

Resolution (069819) authorizing an amendment to the agreement with the California Department of Mental Health for the provision of managed care services, increasing the amount by $18,970,155.89 to $26,304,294

27.

Resolution (069820) correcting the agreement with the California Department of Public Health for FY 2008-09 for the provision of the:

A)

Immunization Assistance Program, in the amount of $252,918

B)

Immunization Registry, in the amount of $35,164

28.

Resolution (069821) authorizing an amendment to the agreement with the Fred Finch Youth Center for the provision of mental health services for children and youth, increasing the amount by $129,715 to $1,231,689

29.

Resolution (069822) authorizing the:

A)

County of San Mateo to apply for and accept all available grant funds from the California Department of Public Health or the State Water Resources Control Board for Recreational Beach Monitoring Programs for FYs 2008-13

B)

Director of the Health Department or her designee to execute all necessary applications, agreements, amendments, payment requests, and all documents necessary for the purposes of securing grant funds and to implement the approved grant projects and carry out the purposes specified in the grant applications for FYs 2008-13

30.

Adoption of an ordinance (04451) amending the salary ordinance transferring nine positions from Senior Nutrition/Satellite, Family Health Services Division to Child Nutrition Program and Meals on Wheels, San Mateo Medical Center, previously introduced on November 18, 2008 and waiver of reading the ordinance in its entirety (Jointly with the San Mateo Medical Center)

31.

Report recommending denial of the following claims:

Claims (Non-Culpable)

Jesus Garcia

Patriceia Moore

Tamara Logan

32.

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 December 16, 2008 for adoption.

33.

Resolution (069823) authorizing:

A)

Agreements with Compucom Systems, Inc. and Strategic Staffing Solutions for the provision of contingency staffing services for the term of December 9, 2008 through December 8, 2011, in a total amount not to exceed $3,500,000 in aggregate

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

34.

Resolution (069824) waiving the Request for Proposal process and authorizing an amendment to the agreement with Marian Repp for the provision of consulting services, increasing the amount by $145,000 to $463,540

35.

Adoption of an ordinance (04452) amending the salary ordinance adding one Administrative Secretary III position in the Parks Department, previously introduced on November 18, 2008 and waiver of reading the ordinance in its entirety (Jointly with the Department of Parks)

36.

Resolution (069825) waiving the Request for Proposal process and authorizing:

A)

The Probation Department to apply for, receive and administer one-time federal funds recently made available through the Juvenile Accountability Block Grant (JABG) Program overseen by the California Corrections Standards Authority (CSA), in the amount of $200,000

B)

The Chief Probation Officer or his designee to submit the JABG Program application and sign the grant agreement with the CSA, including any amendments on behalf of the County of San Mateo

37.

Resolution (069826) authorizing an agreement with the City/County Association of Governments for the provision of management and staffing of San Mateo County Energy Watch, a local government partnership with Pacific Gas and Electric Company for the term of October 9, 2008 through March 31, 2011, in the amount of $750,000

Speakers recognized by the President:

Supervisor Rose Jacobs Gibson

38.

Resolution (069827) adopting the final San Mateo County Energy Strategy

39.

Resolution (069828):

A)

Adopting construction plans, specifications and conformance with prevailing wage scale requirements for the lighting retrofit project at the San Mateo Medical Center

B)

Authorizing the publication of a notice to contractors twice in a local newspaper

C)

Authorizing the Director of the Department of Public Works to call for bids and to set the bid opening date, time and place

40.

Resolution (069829) authorizing a transfer in the amount of $3,170,000 from Courthouse Construction Fund Reserves to Capital Projects for seismic retrofit work at the Northern and Central Branch Court buildings (4/5ths vote required)

41.

Adoption of an ordinance (04453) repealing and replacing Sections 5.104.010 through 5.104.060 and adding Sections 5.104.070 through 5.104.120 to Chapter 5.104 of Title 5 of the San Mateo County Ordinance Code governing cable television franchises to conform to the California Digital Infrastructure and Video Competition Act of 2006, previously introduced on November 18, 2008 and waiver of reading the ordinance in its entirety

42.

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

43.

Resolution (069830):

A)

Waiving the Request for Proposal process and authorizing an agreement with IV Assist, Inc. for the provision of professional specialty peripherally inserted central catheter line services for the term of May 1, 2008 through April 30, 2009, in an amount not to exceed $175,000

B)

Authorizing 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

44.

Resolution (069831):

A)

Waiving the Request for Proposal process and authorizing an agreement with PharMerica for the provision pharmaceutical and infusion services to residents of the San Mateo Medical Center and Burlingame Long-Term Care Services for FYs 2008–10, in an amount not to exceed $958,667

B)

Authorizing 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

45.

Resolution (069832) authorizing:

A)

An amendment to the agreement with Contra Costa Regional Health Foundation for the provision of administration of the automated processes for voice and video medical interpretation services, extending the term through June 30, 2009, increasing the amount by $50,000 to $130,000

B)

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

46.

Resolution (069833) authorizing an amendment to the agreement with Cureline BioPathology, LLC for the provision of anatomic pathology slide preparation and histology services for surgical and biopsy procedures performed at the San Mateo Medical Center, extending the term through December 31, 2008, increasing the amount by $75,000 to $195,500

47.

Resolution (069834) authorizing an amendment to the agreement with HFS Consultants for the provision of consulting and management services for physician and payor contracting at San Mateo Medical Center, extending the term through September 30, 2009, increasing the amount by $360,000 to $760,000

48.

A)

Resolution (069835):

1)

Accepting a donation for safety equipment for the Bomb Squad, in the amount of $58,941

2)

Waiving the Competitive Bid process and authorizing the Purchasing Agent to issue a purchase order for the purchase of a Remotec Wireless System

B)

Resolution (069836) authorizing a transfer in the amount of $58,941 from Revenues to Fixed Assets (4/5ths vote required)

The meeting adjourned at 10:21 a.m. in memory of Eric Von der Porten, Anthony Newhoff and Paul Hogan to reconvene on Monday, December 15, 2008 at 9:00 a.m. for a special meeting.