Roll Call.

Pledge of Allegiance.

 Invocation by Pastor Samuel Madriaga Quema from Bayanihan Fellowship, Milpitas.

Public Comment. (This item is reserved for persons desiring to address the Board on any matter not on this agenda.) Members of the public who wish to address the Board on any item not listed on the agenda should complete a request to speak form and place it in the tray near the podium. The Chair will call individuals to the podium in turn. Speakers are limited to one minute. The law does not permit Board action or extended discussion of any item not on the agenda except under special circumstances. If Board action is requested, the Board may place the matter on a future agenda. All statements that require a response will be referred to staff for reply in writing.

Approve consent calendar and changes to the Board of Supervisors' Agenda.

Notice to the public: there is no separate discussion of consent calendar items, and the recommended actions are voted on in one motion. If an item is approved on the consent vote, the specific action recommended by staff is adopted. Members of the public who wish to address the Board on any consent items should complete a request to speak form and place it in the tray near the podium. The Chair will call individuals to the podium when the item is discussed.

Approve Summary of Proceedings of April 7, 2009, and minutes of February 24, 2009.

Approve delegation of authority to the Director, Social Services Agency, or designee, to negotiate, execute, amend, and terminate Memorandum of Understanding with the California Superior Court, Santa Clara County relating to reimbursement for staffing for the Dependency Court reception desk, in an amount not to exceed $83,000, for period July 1, 2008 through June 30, 2009, with the option of four additional one-year terms in varying amounts per term based upon availability of additional revenue, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2013.

Consider recommendations relating to Medical Reserve Corps for emergency preparedness.

Possible action:

1. Approve Agreement with National Association of County and City Health Officials relating to providing Medical Reserve Corps services in an amount not to exceed $5,000 for period January 1, 2009 through July 31, 2009.

2. Approve Request for Appropriation Modification No. 167 - $5,000 increasing revenue and expenditures in the Public Health Department budget. (4/5 Roll Call Vote)

Consider recommendations relating to County-Based Medi-Cal Administrative Activities (MAA) and Targeted Case Management (TCM).

Possible action:

1. Approve delegation of authority to the Public Health Administrator, or designee, to approve Agreement with California Department of Health Care Services relating to providing MAA, in an amount not to exceed $30,000,000 for period July 1, 2009 through June 30, 2012, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2012.

2. Adopt Resolution delegating authority to the Public Health Administrator, or designee, to negotiate and execute Contracts and Contract Amendments with community-based organizations relating to implementing MAA and TCM within Santa Clara County, for period July 1, 2009 through June 30, 2012, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2012. (Roll Call Vote)

Consider recommendations relating to Public Health Department Emergency Medical Services Agency.

Possible action:

1. Approve Fourth Amendment to Agreement with American Medical Response-West relating to providing pre-hospital emergency medical care and transportation services, extending the term of the Agreement for an additional two years, for period July 1, 2009 through June 30, 2011, and revising certain provisions in the Agreement in order to better clarify response time performance exemption reporting and review processing.

2. Approve Request for Appropriation Modification No. 166 - $110,000 transferring funds within the Public Health Department budget. (Roll Call Vote)

Consider recommendations relating to the Mental Health Services Act (MHSA) Agreement.

Possible action:

1. Approve delegation of authority to the Director, Mental Health Department, or designee, to amend MHSA Agreement No. 07-77343-000 with the State Department of Mental Health, extending the term through June 30, 2013, and amending the scope of services as needed for the extended term; and, to act as the fiscal and programmatic administrative agency for purposes of the Agreement for the extended term, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. (The County agrees to operate a program in accordance with the provisions of this Agreement and to have an approved Three-Year Program and Expenditure Plan filed with the State pursuant to MHSA.) Delegation of authority shall expire on June 30, 2013.

2. Approve delegation of authority to the Director, Mental Health Department, or designee, to negotiate, execute, amend, and terminate Agreements with contractors relating to implementing approved MHSA plans, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive.  Delegation of authority shall expire on June 30, 2013.

Under advisement from February 10, 2009 (Item No. 21): Consider recommendations relating to the Mental Health Department Fiscal Year 2010 budget reduction proposal to close or reduce County adult outpatient programs.

Possible action:

1. Accept report relating to an alternate plan to the proposal submitted in February 2009 regarding the closure of County-operated East Valley and North County Programs to achieve greater savings by moving clients and staff positions into Santa Clara Valley Medical Center (SCVMC) and retaining the County services.

2. Introduction and preliminary adoption of Salary Ordinance No. NS-5.09.82 amending Santa Clara County Salary Ordinance No. NS-5.09 relating to the compensation of employees adding eight Psychiatrist III positions, 19 Psychiatric Social Worker II positions, one half-time Psychiatric Social Worker II position, and eight Health Services Representative positions in scVMC. (Roll Call Vote to waive reading, Roll Call Vote to adopt)

3. Approve Request for Appropriation Modification No. 165 - $479,768 increasing revenue and expenditures in the VMC budget. (4/5 Roll Call Vote)

Accept Report on Bids for the Communications Infrastructure Cabling at Valley Health Center at Milpitas Project.

Possible action:

1. Award contract to Sprig Electric Co., in the amount of $372,924 with a construction time of 120 calendar days.

2. Approve encumbrance of an additional $37,292 as Supplemental Work Allowance (SWA) for a total encumbered amount of $410,216.

3. Authorize the Director, Santa Clara Valley Health and Hospital System, Facilities, to issue change orders, as necessary, against the SWA and to approve modifications to the contract time.

4. Ratify Addendum Nos. 1-7.

Approve delegation of authority to the Director, Mental Health Department, or designee, to negotiate, execute, amend, and extend Memoranda of Understanding with Charities Housing Development Corporation relating to Mental Health Services Act funding for Belovida Santa Clara Housing Project ($550,000) and Kings Crossing Housing Project ($2,150,000), for period beginning upon execution of the Agreements, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2013.

Consider recommendations relating to the Transformation 2010 (T2010).

Possible action:

1. Accept monthly status report and presentation regarding T2010.

2. Approve transitioning future T2010 status reports to the Health and Hospital Committee from a monthly to a semi-annual basis starting in October 2009.

Accept report relating to Human Services in a Time of Economic Crisis.

Consider recommendations relating to the Office of the County Executive.

Possible action:

1. Approve new job specification for the classification of Census/Redistricting Program Manager.

2. Introduction and preliminary adoption of Salary Ordinance No. NS-5.09.84 amending Santa Clara County Salary Ordinance No. NS-5.09 relating to the compensation of employees adding one Census/Redistricting Program Manager position in the Office of the County Executive, and amending the Salary Schedule to add the Census/Redistricting Program Manager. (Roll Call Vote to waive reading, Roll Call Vote to adopt)

Announce travel for members of the Board of Supervisors and other elected officials as follows:

Sheriff Laurie Smith will travel to Rohnert Park, California, to attend the California State Sheriffs' Association Annual Conference on April 5-9, 2009.

Accept reports from members of the Board of Supervisors relating to meetings attended through April 15, 2009.

Consider items of concern and refer to Administration for review and report.

There is no report from Housing, Land Use, Environment, and Transportation Committee. (Gage)

Accept report from Public Safety and Justice Committee relating to the meeting of April 2, 2009. (Shirakawa)

Possible action:

1. Approve recommendations from the Office of the County Executive on the Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program.
   1. Accept report relating to funds available under the American Recovery and Reinvestment Act of 2009 (Recovery Act) through the Federal Office of Justice Programs, Bureau of Justice Assistance (BJA) for criminal justice programs, including $2,565,061 for the Recovery Act-JAG formula program.

   2. Approve delegation of authority to the Acting County Executive, or designee, to negotiate, execute, modify, amend, and terminate Memoranda of Understanding (MOU) with Cities of Campbell, Cupertino, Gilroy, Los Gatos, Milpitas, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara, Sunnyvale, and Saratoga relating to shared terms, such as disparity and administration costs, required to submit a joint application of the Recovery Act-JAG formula program, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority is ongoing until the successful completion or close-out of the grant award.

   3. Approve recommendations relating to a spending plan for the County’s individual award amount up to $420,012 under the Recovery Act-JAG program, and delegation of authority to the Acting County Executive, or designee, to negotiate, execute, modify, amend, and terminate MOU with the California Superior Court, Santa Clara County relating to services funded by the Recover Act JAG allocations.

   4. Approve delegation of authority to the Acting County Executive, or designee, to submit a Joint Grant Application relating to the Recovery Act-JAG formula program, accept and implement the award, negotiate and execute amendments, provided the amendments have no general fund impact, and seek $2,565,061 from the BJA for the expenditure period beginning with the award date to September 30, 2012. Delegation of authority is ongoing until the successful completion or close-out of the grant award.

   5. Approve delegation of authority to the County Executive, or designee, to enter into MOU with eligible local jurisdictions when solicitations are released by the BJA relating to the Recovery Act: JAG Pass-Through Program (from the State) and/or the Federal Fiscal Year 2009 JAG Program; and to submit, accept, implement, or amend a grant application, provided the grant programs have no general fund impacts, with the BJA, Office of Justice Programs, and U.S. Department of Justice. Delegation is ongoing until the successful completion or close-out of the grant award.

2. Accept Committee agenda items 5 and 7 as Board information only.

There is no report from Health and Hospital Committee. (Kniss)

There is no report from Finance and Government Operations Committee. (Yeager)

Accept report from the Legislative Committee relating to meeting of April 9, 2009. (Kniss)

Possible action:

Accept Committee agenda items 4-7 as Board information only.

Accept report from Children, Seniors, and Families Committee on meeting of March 26, 2009. (Cortese)

Possible action:

1. Accept annual status report from the Department of Aging and Adult Services on the In-Home Supportive Services Program.

2. Accept committee aganda items 5, 6, and 8 as Board information.

Accept report from Board Delegates to the Santa Clara Valley Transportation Authority (VTA) relating to the meeting of April 2, 2009. (Gage, Kniss)

There is no report from Board Delegate to the Metropolitan Transportation Commission. (Yeager)

There is no report from Board Delegates to Local Agency Formation Commission (LAFCo). (Kniss, Gage)

There is no report from Board Delegates to the Bay Area Air Quality Management District. (Kniss, Yeager)

Accept report from Acting County Executive.

Accept interim report relating to the Fairgrounds Development Community Outreach Plan.

Approve Option Agreement with Charities Housing Development Corporation for the sale of property located at 2500 Senter Road, San Jose, in an amount not to exceed $5,160,000.

Under advisement from April 7, 2009 (Item No. 19): Accept status report concerning the County of Santa Clara's efforts to secure American Recovery and Reinvestment Act of 2009 (ARRA) funding.

Accept report from County Counsel on legal issues.

Approve recommendations relating to vacancy and resignation from Boards and Commissions.

1. Declare position vacant on the Moscow Russia Sister-County Commission previously held by Glenn Smith for a three-year term expiring June 30, 2011. Appointee shall have previously demonstrated an interest or participation in matters pertaining to the relationship between Russia and the U.S. Position is allocated to District 1.

2. Accept resignation of Howard Michaels from the Health Advisory Commission for a four-year term expiring June 30, 2009. Appointee shall represent the community at large. Position is allocated to District 2.

Approve request from the National Guard and Veterans' Affairs (NGVA) Commission for funding, in an amount not to exceed $500, for purchase of a United States 28-Star Flag of 1848 to be displayed at the County Government Center.

Consider recommendations relating to Agreement with the California Department of Public Health.

Possible action:

1. Approve delegation of authority to the Sheriff and County Executive, or designees, to negotiate, execute, amend, and terminate Agreement with the California Department of Public Health relating to submission of violent death data, in an amount not to exceed $32,500 for period March 1, 2009 through February 28, 2011, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on February 28, 2011.

2. Approve Request for Appropriation Modification No. 163 - $7,500 increasing revenue and expenditures in the Office of the Sheriff budget. (4/5 Roll Call Vote)

Consider recommendations relating to Domestic Cannabis Eradication Suppression Program Grant.

Possible action:

1. Accept grant from the United States Drug Enforcement Administration, in the amount of $110,000 for the Domestic Cannabis Eradication Suppression Program Grant.

2. Approve Request for Appropriation Modification No. 162 - $25,000 increasing revenue and expenditures in the Office of the Sheriff budget. (4/5 Roll Call Vote)

Approve delegation of authority to the Sheriff and County Executive, or designees, to negotiate, execute, amend, and terminate Agreement with the State of California Campaign Against Marijuana Planting Program relating to identifying agency responsibilities regarding cannabis eradication operations conducted in Santa Clara County, for period June 23, 2009 through October 30, 2009, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on October 30, 2009.

Introduction and preliminary adoption of Salary Ordinance No. NS-5.09.80 amending Santa Clara County Salary Ordinance No. NS-5.09 relating to the compensation of employees deleting three vacant Legal Clerk or Legal Clerk Trainee positions and two vacant Office Specialist I positions and adding five Child Support Officer II or Child Support Officer I positions in the Department of Child Support Services. (Roll Call Vote to waive reading, Roll Call Vote to adopt)

Adopt Resolution adopting an Identity Theft Prevention Program. (Roll Call Vote)

Consider recommendations relating to cost-recovered staffing for the Department of Revenue, Traffic Collections Unit.

Possible actions:

1. Introduction and preliminary adoption of Salary Ordinance No. NS-5.09.83 amending Santa Clara County Salary Ordinance No. NS-5.09 relating to the compensation of employees adding two Revenue Collections Officer or Revenue Collections Clerk positions in the Finance Agency, Department of Revenue. (Roll Call Vote to waive reading, Roll Call Vote to adopt)

2. Approve Request for Appropriation Modification No. 170 - $24,469 increasing revenue and expenditures in the Department of Revenue budget. (Roll Call Vote)

Accept presentation relating to bond issuance for Fiscal Year 2009-2010 Tax and Revenue Anticipation Notes (TRANS) for Santa Clara Unified School District.

Adopt Resolution providing for borrowing of funds in the name of Santa Clara Unified School District for Fiscal Year 2009-2010 and the issuance and sale of 2009 TRANS in an amount not to exceed $25,000,000. (Roll Call Vote)

Accept presentation relating to bond issuance.

Possible action:

Adopt Resolution authorizing the issuance of Orchard School District Election of 2001 General Obligation Bonds, Series A, in a principal amount not to exceed $22,000,000 relating to financing the acquisition or improvement of property in the District. (Roll Call Vote)

1. Adopt Resolution commending Sia Dunbar for serving the community and Santa Clara County with grace, dignity, integrity, and passion. (Yeager)

2. Adopt Resolution commending Phillip Fouts for years of dedication, loyalty, and outstanding service to Santa Clara County. (Yeager)

3. Adopt Resolution proclaiming April 19-25, 2009 as "Office Professionals' Week," and Wednesday, April 22, 2009 as "Office Professionals' Day" in Santa Clara County, and commending County Office Professionals for their loyalty to public service and extraordinary efforts throughout the year. (Office of the County Executive)

4. Ratify Resolution, presented April 16, 2009, commending Yennie Shyu for the inspiring concept of sharing peace within ourselves and throughout the community. (Cortese)

5. Adopt and present Resolution proclaiming April 21, 2009 as "Santa Clara County Day of Remembrance of the Armenian Genocide of 1915-1923." (Cortese)

6. Adopt Resolution proclaiming April 23, 2009 as "Take Our Sons and Daughters To Work  Day" in Santa Clara County. (President)

7. Adopt and present Resolution proclaiming April 21, 2009 as "Holocaust Remembrance Day" in Santa Clara County. (President)

Hearing to consider request for proposed tentative map and grading approval for a five-lot subdivision of property located at 379 Meadow Lane, unincorporated San Jose. Property of Elizabeth Niwinski and Waclawa Antczak (File No. 8840-48-72-04S-04G) (Supervisorial District 2)

Possible action:

1. Open public hearing and receive testimony.

2. Close public hearing.

3. Adopt Resolution adopting a Negative Declaration and approving tentative map and grading approval for a five-lot subdivision for property located at 379 Meadow Lane, unincorporated San Jose (Roll Call Vote)

OR

4. Deny request for tentative map and grading approval and refer to County Counsel for preparation of findings.

Planning Commission considered item on March 5, 2009,

and forwards a favorable recommendation for action 'c'.

Hearing to consider General Plan Amendment to delete site-specific Amendment R-LU-A: 8 Sakai (site-specific General Plan designation for Sakai property) from the General Plan, County Zoning Ordinance Code Text Amendment to repeal Section 3.50.110 (-h3 (historic overlay combining district) District, Sakai Ranch), and change in zoning designation from A-10 ac-h3 (exclusive agriculture, ten-acre minimum lot size combining district, and a Historic Preservation Combining District) to A-40ac (exclusive agriculture with 40-acre minimum lot size combining district) for property located at 700 Holloway Road, Gilroy. Property of Hisashi and Jean Hirasaki, Trustee et al., and Thomas J. Obata et al. (File No. 2196-79- 17-08GP-08Z) (Supervisorial District 1)

Possible action:

1. Open public hearing and receive testimony.

2. Close public hearing.

3. Approve Statement of Exemption from the California Environmental Quality Act.

4. Adopt Resolution amending the County General Plan to delete site-specific Amendment R-LU-A: 8 Sakai for a ten-acre property, parcel 2 of parcel map 607 -48. (Roll Call Vote)

5. Adopt Ordinance No. NS-1200.325 amending Appendix 1, Zoning, of the County of Santa Clara Ordinance Code, eliminating the -h3 Historic Preservation Combining District. (Roll Call Vote)

6. Adopt Zoning Ordinance No. NS-1200.09.02 amending the official zoning maps to rezone a ten-acre property, parcel 2 of parcel map 607-48 from A-10ac-h3 to A-40ac. (Roll Call Vote)

Hearing to consider application for landmark designation for the MacFarland House, located at 775 Santa Ynez Street, Stanford, as a County Landmark. Property of Leland Stanford Jr., University (landowner), and James Lock and Brian Kleis (lessees). (Assessor's Parcel Number 142-08-049) (Supervisorial District 5)

Possible action:

1. Open public hearing and receive testimony.

2. Close public hearing.

3. Adopt Resolution designating, pursuant to the provisions of Division C17 of the County of Santa Clara Ordinance Code, the MacFarland House, located at 775 Santa Ynez Street, Stanford, as a County landmark.

OR

4. Deny the designation of the MacFarland House as a landmark.

Historical Heritage Commission considered item on March 19, 2009,

and recommends approval of landmark designation.

Under advisement from April 7, 2009 (Item No. 8): Accept report relating to implementing a policy to grant an automatic two-year extension to individuals who have recently submitted Building Site applications and related approvals and grading permits.

Request from Administration that item be held to May 19, 2009.

Consider recommendations relating to Boat Launch Facilities at Alviso Marina County Park.

Possible action:

1. Approve the Project, adopt plans and specifications, and authorize advertisement of contract documents for the Construction of Boat Launch Facilities at Alviso Marina County Park.

2. Adopt the Alviso Marina County Park Wetland Mitigation Monitoring Plan for the Boat Launch Facilities at Alviso Marina County Park.
   

Approve the Project, adopt plans and specifications, and authorize advertisement of contract documents for the Construction of Field Sports Park Site Improvements Project at Field Sports County Park.

Approve delegation of authority to the Director, Department of Agriculture and Environmental Management, or designee, to amend Agreement with McClenahan Pest Control relating to providing pest control services, in an amount not to exceed $150,000, for period July 1, 2008 through June 30, 2009, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2009.

Consider recommendations relating to the Transportation Development Act (TDA) Article 3 Grants Program for Fiscal Year (FY) 2010.

Possible action:

1. Approve the TDA Article 3 Project Priority List.

2. Adopt Resolution requesting the Metropolitan Transportation Commission (MTC) to allocate Fiscal Year 2009-2010 TDA Article 3, Pedestrian/Bicycle Project funding, including Project application form and findings. (Roll Call Vote)

3. Adopt Resolution approving the prioritized list of projects and submittal of the FY 2009-2010 TDA Article 3 Countywide, coordinated claim to the MTC. (Roll Call Vote)

Approve the Projects, adopt plans and specifications, and authorize advertisement of contract documents for the Hicks Road Metal Beam Guard Rail Improvement, Quimby Road Guard Rail and Pavement Markers Improvement, and Sierra Road Metal Beam Guard Rail and Traffic Control Devices Improvements Projects, subject to authorization by Caltrans to advertise the projects.

Adopt Resolution to consummate purchase of certain real property located at 1090 Blossom Hill Road, San Jose (Assessor's Parcel No. 694-04-021), in the amount of $38,600, delegating authority to the President to execute certain documents, and delegating authority to the Director, Roads and Airports Department, to take all necessary actions required to purchase the property, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegations of authority shall expire on December 31, 2009. (Roll Call Vote)

Approve the Project, adopt plans and specifications, and authorize advertisement of Contract Documents for the 2009 Non-Expressway Pavement Rehabilitation Project, Federal Project No. STPL-5937 (131), subject to authorization by Caltrans to advertise the Project.

Accept Report on Bids for construction of the Capitol Expressway Pavement Rehabilitation Project between Highway 87 and Seven Trees Boulevard.

Possible action:

1. Award contract to Top Grade Construction, Inc., in the amount of $728,804.50, which includes a Supplemental Work Allowance (SWA) in accordance with the contract documents, and a construction time of 45 working days.

2. Authorize the Director, Roads and Airports Department, to issue change orders against the SWA and to approve modifications to the construction time.

3. Ratify Addendum No.1.

Consider recommendations relating to the Expand Elmwood Refrigeration Construction Project (Project No. 263-CP08005).

Possible action:

1. Approve the Project, adopt plans and specifications, and authorize advertisement of contract documents for the Expand Elmwood Refrigeration Construction Project (Project No. 263-CP08005).

2. Authorize Capital Programs to distribute the bid documents and any addenda for the Project through the County blueprint service vendor, Peninsula Digital Imaging.
   

Approve License Agreements with San Francisco Daily Journal, San Jose Mercury News, and Bay City News relating to providing office space located on the First Floor of the County Government Center, West Wing, 70 W. Hedding Street, San Jose,

Accept Monthly Financial Report from County Sanitation District No. 2-3 for period ending March 31, 2009, and authorize payment of bills in an amount not to exceed $511,836.83.

Announce date and time for closed session to discuss items noticed pursuant to the Brown Act.

Adjourn in Memoriam

Adjourn to the Holocaust Remembrance Day Event

at 4:00 p.m., in the Board of Supervisors' Chambers