Roll Call.

Pledge of Allegiance.

Invocation by Pastor Dave Sawkins of Venture Christian Church, Gilroy.

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 January 27, 2009 and minutes of December 9, 2008.

Approve delegation of authority to the Director, Mental Health Department, or designee, to execute Agreement and subsequent Amendments with EHC LifeBuilders and Federal Housing and Urban Development (HUD) relating to providing services to homeless mentally ill consumers, subject to local stakeholder and State Department of Mental Health approval, and in accordance with HUD and Mental Health Services Act requirements, for period April 1, 2008 through March 31, 2009, with the option to extend the Agreement for up to four additional one-year terms, 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 March 31, 2013.

Consider recommendations from the Employee Services Agency relating to the Information Services Department.

Possible action:

1. Approve job specification for classification of Geographic Information Systems Analyst Supervisor.

2. Introduction and preliminary adoption of Salary Ordinance No. NS-5.09.70 amending Santa Clara County Salary Ordinance No. NS-5.09 relating to the compensation of employees adding the classification and salary range for Geographic Information Systems Analyst Supervisor to the salary schedule. (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:

President Kniss will travel to Washington, D.C., to attend the 2009 National Association of Counties Legislative Conference, March 6-11, 2009.

Accept reports from members of the Board of Supervisors relating to meetings attended through February 4, 2009.

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

Accept report from Housing, Land Use, Environment, and Transportation (HLUET) Committee relating to meeting of January 22, 2009. (Gage)

Possible action:

1. Under advisement from October 21, 2008 (Item No. 11): Approve recommendations from the Department of Planning and Development on a proposed drainage permit, and direct staff to conduct analysis and outreach and to draft amendments to the Ordinance Code to require a drainage permit for certain properties (HLUET Item 7).

2. Accept HLUET agenda items 5, 6, and 8 as Board information only.

There is no report from Public Safety and Justice Committee. (Shirakawa)

Accept report from Health and Hospital Committee (HHC) relating to meeting of January 21, 2009. (Kniss)

Possible action:

Accept HHC agenda items 3-9 as Board information only.

Accept report from Finance and Government Operations Committee relating to the meeting of January 29, 2009. (Yeager)

Possible action:

1. Accept report from the Clerk of the Board of Supervisors relating to the Broadcast of Board Meetings and authorize the Director, Procurement Department to issue a Request for Proposals (RFP) relating to implementing a vendor-based solution for broadcasting of Board meetings in Board Chambers, which will require an $8,000 appropriation for the Office of the Clerk of the Board of Supervisors for RFP development and evaluation.

2. Accept report from the Clerk of the Board of Supervisors and the Office of the County Counsel relating to the form and content of minutes maintained by the Clerk of the Board of Supervisors, and adopt Board Policy Resolution No. 09-01 amending Board of Supervisors' Policy Manual Section 3.34 to state that the minute book entry recorded for each meeting shall be the audio recording of the meeting coupled with written minutes in action summary minute format.

3. Accept report from the Office of the County Executive relating to the analysis and recommendation regarding the formation of a Countywide Sustainability Council and creation of a County Sustainability Plan, and
   1. Direct the Administration not to proceed with a Sustainability Council or development of a Countywide Sustainability Plan at this time and to consider the feasibility of doing this at the completion of the Climate Action Plan and Implementation Plan.
   2. Approve the 2008-2009 work plan for Climate Change and Sustainability Program.
   3. Direct the Administration to develop a sustainability policy and a process for incorporating sustainability into County programs and projects, including consideration of the effects on the economy, the environment, and social equity over the next fifty years.

4. Accept report from the Office of the County Executive, Office of Budget and Analysis, relating to the appropriation modifications planned for the Fiscal Year 2009 Mid-Year Budget Review.

5. Accept items 11-31 as Board information only.

Accept report from Legislative Committee relating to the meeting of January 15, 2009. (Yeager)

Possible action:

Approve Santa Clara County Legislative Policies and Priorities for 2009. (Committee Item 6)

Accept report from Children, Seniors, and Families Committee (CSFC) relating to meeting of January 26, 2009. (Cortese)

Possible action:

1. Accept CSFC meeting agenda items 3 and 6-10 as Board information only.

2. Accept report relating to the Social Services Agency (SSA) Status Offender Services (SOS) Contracts for Fiscal Year (FY) 2010 and consider recommendation from CSFC to delay release of the SOS Request for Proposals (RFP) for FY 2010 and direct Administration to extend existing Agreements through FY 2010 at budgeted levels, subject to approval by the Board of Supervisors.

3. Accept report from SSA and consider recommendation from CSFC to approve release of the FY 2010 RFP for the Independent Living Program under a new service delivery model, changing from multiple providers to one lead agency which is also the fiscal agent for the Program.

Accept report from Board Delegate to the Santa Clara Valley Transportation Authority (VTA) relating to the meeting of January 8, 2009. (Kniss)

Accept report from Board Delegate to the Metropolitan Transportation Commission (MTC) relating to meeting of January 28, 2009. (Yeager)

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

Accept report from Board Delegate to the Bay Area Air Quality Management District relating to the meetings of January 7 and 21, 2009. (Yeager)

Accept report from Acting County Executive.

Consider recommendations relating to the status of the Fiscal Year (FY) 2009 Approved Budget.

Possible action:

1. Accept information regarding the status of General Fund revenue and expenditures for FY 2009.

2. Introduction and preliminary adoption of Salary Ordinance No. NS-5.09.71 amending Santa Clara County Salary Ordinance No. NS-5.09 relating to the compensation of employees adding and deleting various positions recommended as part of the Mid-Year budget adjustments in various departments. (Roll Call Vote to waive reading, Roll Call Vote to adopt)

3. Approve Request for Appropriation Modification No. 137 - $51,056,278 adjusting revenue and expenditures in various departments and various funds to recognize changes since the adoption of the FY 2009 budget, resulting in a net increase of the General Fund Contingency Reserve by $7.57 million. (4/5 Roll Call Vote)

Consider recommendations relating to a budget reduction plan addressing the $5.2 million budget shortfall in Fiscal Year (FY) 2009 in the Mental Health Department, 24-Hour Care Programs.

Possible action:

1. Accept information relating to a budget reduction plan addressing the $5.2 million budget shortfall in FY 2009 in the Mental Health Department, 24-Hour Care Programs.

2. Introduction and preliminary adoption of Salary Ordinance NS-5.09.73 amending Santa Clara County Salary Ordinance No. NS-5.09 relating to the compensation of employees deleting various positions in the Mental Health Department. (Roll Call Vote to waiver reading, Roll Call Vote to adopt)

3. Approve Request for Appropriation Modification No. 134 - reducing expenditures by $3,206,544 and establishing an ongoing reserve to cover expenses relating to the Mental Health Department's 24-Hour Care Programs.

Accept report relating to updated General Fund projection for Fiscal Year 2010.

Introduction and preliminary adoption of Salary Ordinance No. NS-5.09.68 amending Santa Clara County Salary Ordinance No. NS-5.09 relating to the compensation of employees deleting one Information Systems Technician II or Information Systems Technician I position and adding one Senior Systems Software Engineer or Systems Software Engineer II position in the Information Services Department. (Roll Call Vote to waive reading, Roll Call Vote to adopt)

Accept monthly status report on items referred to Administration for action or report back.

Approve the amended Conflict of Interest Code, Exhibit A, for Facilities and Fleet Department.

Approve 520-hour extension of extra-help hours beyond the 1,040 hour limitation through Fiscal Year 2009 for one Information Systems Technician I position in the County Library, Systems Office.

Approve delegation of authority to the Director, Office of Emergency Services, or designee, to amend Agreement with Guy Bernardo relating to position on the Bay Area Urban Area Security Initiative (UASI) Management Team, for period ending June 30, 2010, in an amount not to exceed $300,000, 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, 2010.

Approve delegation of authority to the Director, Office of Emergency Services, or designee, to negotiate, execute, amend, and terminate Agreement with Swardenski Consulting Services relating to providing project management services for the Disaster Sheltering Annex Tool and Training Project, in an amount not to exceed $70,000 for period February 10, 2009 through June 30, 2009, including one renewal option, 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 December 31, 2009.

Approve delegation of authority to the Director, Office of Emergency Services, or designee, to negotiate, execute, amend, and terminate Agreement with Joint Venture: Silicon Valley Network relating to providing project management services for the Disaster Resiliency Center, in an amount not to exceed $250,000 for period
February 10, 2009 through December 31, 2009, including one renewal option, 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, 2010.

Accept report from County Counsel on legal issues.

Consider recommendations relating to vacancy and resignations from Boards and Commissions.

Possible action:

1. Accept resignation of Charles Browning 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 4.

2. Accept resignation of Jason Rodriguez from the CordeValle Youth Golf Foundation for an unlimited term. Appointment is Board-As-a-Whole and the position is allocated to District 2.   

3. Declare position vacant on the CordeValle Youth Golf Foundation previously held by John Neece for an unlimited term. Appointment is Board-As-a-Whole and the position is allocated to District 3.

Accept and authorize filing of Detailed Investment Portfolio Listing for period ending December 31, 2008.

Accept presentation relating to bond issuance.

Possible action:

Adopt Resolution authorizing the issuance of Gilroy Unified School District Election of 2008 General Obligation Bonds, Series A, in a principal amount not to exceed $50,000,000 relating to financing the acquisition or improvement of property in the District. (Roll Call Vote)

Recess at 11:30 a.m., to the State of the County Address Event commencing

at 12:00 p.m., in the Board of Supervisors’ Chambers, First Floor,

County Government Center.

Continued from December 16, 2008 (Item No. 61): Hearing to consider Resolution approving proposed issuance of bonds by the Association of Bay Area Governments (ABAG) Finance Authority relating to financing for the costs of refinancing and financing schools owned by Valley Christian Schools.

Possible action:

1. Open public hearing and receive testimony.

2. Close public hearing.

3. Adopt Resolution authorizing issuance and sale of bonds by the ABAG Finance Authority, in an aggregate principal amount not to exceed $23,000,000 for the costs of refinancing and financing schools owned by Valley Christian Schools. (Roll Call Vote)

Hearing to consider architecture and site approval, grading permit, and proposed tentative map for a 43-lot cluster subdivision for property located at Stanford Avenue, between El Camino Real and Escondido Road, Stanford. Property of Stanford University Board of Trustees. (File No. 9792-09-81-08CST-08A-08G) (Supervisorial District 5)

Possible action:

1. Open public hearing and receive testimony.

2. Close public hearing.

3. Adopt Discretionary Exemption: Use of prior California Environmental Quality Act document.

4. Declare intent to grant or deny request for site approval, grading permit, and proposed tentative map and refer to County Counsel for preparation of findings.

The Planning Commission considered item on February 5, 2009.

Consider recommendations relating to the County's Nonpoint Source Pollution Control Program for the Pajaro River Watershed Area of South County and the submittal of a National Pollutant Discharge Elimination System (NPDES) Storm Water Phase II Permit.

Possible action:

1. Accept report.

2. Authorize staff to file a draft Storm Water Management Plan for the NPDES Storm Water Phase II Permit as regional permit for the South County area.

3. Authorize staff to continue with the permit application process.

Consider recommendations relating to Green Building objectives for design and construction of the Anderson Park Visitor Center and Park Office at Anderson Lake County Park.

Possible action:

1. Approve recommendation to design the Anderson Park Visitor Center to the Leadership in Energy and Environmental Design (LEED) silver standard.

2. Approve recommendation to implement Project, without documentation and certification through the United States Green Building Council, and utilize a peer review process and the Pacific Gas & Electric Savings by Design Program to help ensure that the design meets the environmental priorities, including a potential LEED silver rating.

Consider recommendations relating to Security Improvements and Fence at Reid Hillview and South County Airports, Contract 07-25, and Fisher Creek Bridge at Tilton Avenue Widening and Rail Replacement (Bridge No. 37C0579), Contract 08-08.

Possible action:

1. Approve Contract Change Order No. 1 - Final - Security Improvements and Fence at Reid Hillview and South County Airports, Contract 07-25. Contractor - Fencecorp, Inc. Net decrease of $1,267.40 and an increase of 45 working days.

2. Approve Contract Change Order No. 1 - Final - Fisher Creek Bridge at Tilton Avenue Widening and Rail Replacement (Bridge No. 37C0579), Contract 08-08. Contractor - McGuire & Hester. Net decrease of $31,680.73 and a decrease of 26 working days.

3. Accept Project as complete and authorize Clerk of the Board to Execute Notice of Completion and Acceptance of Work on Contract 07-25, Security Improvements and Fence at Reid Hillview and South County Airports.

4. Accept Project as complete and authorize Clerk of the Board to Execute Notice of Completion and Acceptance of Work on Contract 08-08, Fisher Creek Bridge at Tilton Avenue Widening and Rail Replacement (Bridge No. 37C0579).

Consider recommendations relating to traffic actions on various County maintained roadways.

Possible action:

1. Adopt Resolution requesting use of radar speed enforcement by the California Highway Patrol (CHP) on Montevina Road for the existing posted 25 mile per hour speed limit, from the intersection of Montara Drive and Vina Avenue to Highway 17 Frontage Road, Los Gatos. (Roll Call Vote)

2. Adopt Resolution establishing a No Parking Area along a portion of Highwood Drive, San Jose (Roll Call Vote)

3. Adopt Resolution establishing a No Parking Area along a portion of McKee Road, San Jose. (Roll Call Vote)

4. Adopt Resolution establishing a No Parking Area along a portion of Wilbur Avenue, San Jose. (Roll Call Vote)

5. Adopt Resolution designating a "Physically Challenged" parking stall adjacent to 453 Arletta Avenue, San Jose. (Roll Call Vote)

6. Adopt Resolution establishing a three-way stop control at the intersection of Penitencia Creek Road and Toyon Avenue, San Jose. (Roll Call Vote)

Accept Report on Bids for construction of Hyland Avenue, Kirk Avenue, and Lyndale Area Pedestrian and Bicycle Improvements Project.

Possible action:

1. Award contract to Joseph J. Albanese, Inc., in the amount of $542,553 which includes a Supplemental Work Allowance (SWA) in accordance with the Contract Documents, and a construction time of 50 working days.

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

Approve the Project, adopt plans and specifications, and authorize advertisement of Contract Documents for the Capitol Expressway Pavement Rehabilitation Project between Highway 87 and Seven Trees Boulevard, subject to authorization by Caltrans to advertise the Project.

Approve the Project, adopt plans and specifications, and authorize advertisement of Contract Documents for Pavement Repair on Oregon/ Page Mill Expressway from Interstate 280 to United States Highway 101 (Project No. STPL 5937 (126)), subject to authorization by Caltrans to advertise the Project.

Approve First Amendment to Professional Services Agreement (PSA) with Jerome D. Hall, P.E., relating to providing fire protection engineering design and professional consulting services for various construction, renovation, and alteration projects, increasing the maximum compensation limit (MCL) by an amount not to exceed $400,000 for a new MCL of $800,000, and extending the term of the PSA by 24 months to February 27, 2011.

Approve First Amendment to Professional Services Agreement (PSA) with Hughes Associates, Inc., relating to providing fire protection engineering design and professional consulting services for various construction, renovation, and alteration projects, extending the term limit of the PSA by 24 months to February 27, 2011.

Approve Request for Appropriation Modification No. 131 - $120,000 transferring funds within the Facilities and Fleet Department budget relating to the Evidence Storage Warehouse for the Office of the Sheriff and Office of the District Attorney, Project No. 263-CP08007. (Roll Call Vote)

Accept Report on Bids for Job Order Contract (JOC) FAF-2008-03 and JOC-FAF-2008-04 for certain types of public improvement projects.

Possible action:

1. Award JOC-FAF-2008-03 to Staples Construction for the Award Criteria Figure (ACF) of 1.1297, for a minimum contract amount of $50,000 and a maximum contract amount of $4,000,000, as authorized by Public Contract Code Section 20128.5, with maximum contract term of one calendar year from the effective date of Notice to Proceed or when issued job orders totaling the maximum contract amount have been completed, whichever occurs first.

2. Award JOC-FAF-2008-04 to Torres Construction for the ACF of 1.1380, for a minimum contract amount of $50,000 and a maximum contract value of $2,000,000, with maximum contract term of one calendar year from the effective date of Notice to Proceed or when issued job orders totaling the maximum contract amount have been completed, whichever occurs first.

3. Authorize the Manager, Building Operations, Facilities and Fleet Department (FAF), to issue individual job orders of $100,000 or less, within the parameters specified in the Contract Documents.


4. Authorize the Director, FAF, to issue individual job orders of more than $100,000, within the parameters specified in the Contract Documents.

5. Authorize the Director,  Procurement Department, to accept individual job orders as complete and execute Notices of Completion.

Consider recommendations relating to the Santa Clara County Central Fire Protection District job titles, approval of new job specifications, and modifications to salary ranges.

Possible action:

1. Adopt Resolution establishing job classifications and authorizing the Fire Chief to employ the maximum number of District employees deleting one Arson Investigator position and adding one Arson Investigator I or Arson Investigator II position. (Roll Call Vote)

2. Approve Job Specifications for classifications of Arson Investigator I and Arson Investigator II.

3. Approve the following modifications to the salary range schedule for the Santa Clara County Central Fire Protection District:
   1. Arson Investigator I: $8,567.55 to $10,413.91
   2. Arson Investigator II: $9,622.89 to $11,696.67

1. Adopt Resolution proclaiming February 2009 as "Human Relations Month" in Santa Clara County. (Human Relations Commission)

2. Adopt Resolution proclaiming February 11, 2009 as "2-1-1 Santa Clara County Day." (President)

3. Ratify Resolution, presented on February 5, 2009, commending Quincy Virgilio for enabling the residents of Santa Clara County to navigate the path to homeownership. (Cortese)

4. Ratify Resolution, presented on February 8, 2009, commending the Vietnamese Spring Festival and Parade for uniting and strengthening the Vietnamese American community through celebration of culture, heritage, and family in Santa Clara County. (Cortese)

5. Adopt Resolution commending Cindy McCown for 25 years of extraordinary service in bringing the community together and striving to eliminate hunger and its root causes. (Yeager)

6. Ratify Resolution, presented on February 7, 2009, commending the Bay Area Chrysanthemum Growers Association for continuing to play a vital role in the success of the business community, and for supporting the success of the Chinese American Community. (Cortese)

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

Adjourn in Memoriam