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BOARD OF SUPERVISORS
Liz Kniss, District 5, President
Ken Yeager, District 4, Vice President
Donald F. Gage, District 1
George Shirakawa, District 2
Dave Cortese, District 3


Gary Graves
Acting County Executive

Ann Miller Ravel

County Counsel

 
 Maria Marinos
 Clerk of the Board

AGENDA

June 24, 2009

9:30 A.M.


BOARD OF SUPERVISORS' CHAMBERS

70 West Hedding Street, San Jose, California

Tel. (408) 299-5001

Fax (408) 298-8460

TDD (408) 993-8272


SANTA CLARA COUNTY BOARD OF SUPERVISORS
SPECIAL DISTRICTS
THE FIRE DISTRICTS
FINANCING AUTHORITY
PUBLIC AUTHORITY OF SANTA CLARA COUNTY
VECTOR CONTROL DISTRICT
SANITATION DISTRICT NO. 2-3

Notice to the Public - Meeting Procedures

-- The Board of Supervisors may take other actions relating to the issues as may be determined following consideration of the matter and discussion of the recommended actions.

-- Persons wishing to address the Board on a regularly scheduled item on the agenda are requested to complete a request to speak form and place it in the tray located near the speaker's podium for the purpose of the record. (Government Code Section 54953.3). Individual speakers will be called to the podium by the President and are requested to limit their comments to three minutes. Groups of speakers on a specific item are asked to limit their total presentation to a maximum of twenty minutes for each side of the issue. NOTE: The President may limit the number or duration of speakers on a matter. (Board Policy Manual, Section 3.5)
NOTE: If you are a lobbyist, complete the Lobbyist Declaration on the reverse side of the request to speak form.

-- Items with an asterisk (*) in front of the number are on the consent calendar and may be voted on in one motion at the beginning of the meeting in the morning. The Board may also add regularly scheduled items to the consent calendar at the beginning of the meeting in the morning. If you wish to discuss any of these items, it is necessary to complete a request to speak form and place it in the tray near the podium at the beginning of the meeting in the morning. Items that contain ordinance proposals may be adopted on the consent calendar and the ordinance titles are read into the record by the President or Clerk of the Board.

-- All reports and supporting material are available for review on the internet at www.sccgov.org/agenda/home and in the Office of the Clerk of the Board of Supervisors the Thursday, Friday, and Monday before the meeting. This information is also available on the table in the rear of the Board Chambers the day of the meeting.

-- Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the County to all or a majority of the Board of Supervisors (or any other commission, or board or committee) less than 72 hours prior to that meeting are available for public inspection at the Office of the Clerk of the Board, 70 West Hedding Street, 10th Floor, during normal business hours.

-- In compliance with the Americans with Disabilities Act, those requiring accommodation for this meeting should notify the Clerk of the Board's Office 24 hours prior to the meeting at (408) 299-5001, TDD (408) 993-8272.

Opening

.

Roll Call.


.

Pledge of Allegiance.


.

Invocation by Nils Peterson, Santa Clara County Poet Laureate.


.

Announce names of individuals in whose honor and memory today's meeting is dedicated: Doreen Croft, and Judith and Merrill Lovik.

Transmittal BOSD5-062409-04 : Adjourn in Memoriam
Transmittal BOSD5-062409-05 : Adjourn in Memoriam

Public Issues

1.

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.


2.

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.


* 3.

Approve Summary of Proceedings of June 9, 2009, and minutes of April 7, April 21, May 5, May 12, May 13, May 14, and May 19, 2009.

Summary of Proceedings of June 9, 2009 (Miscellaneous)

Social Services Agency

* 4.

Approve delegation of authority to the Director, Social Services Agency, or designee, to extend, amend, and terminate existing Agreement with Technical Resource Management, dba Norchem Drug Testing, relating to providing drug testing services, in an amount not to exceed $125,000 for period July 1, 2009 through September 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 September 30, 2009.

Transmittal SSA01 062409

5.

Held from June 9, 2009 (Item No. 5): Approve delegation of authority to the Director, Social Services Agency, or designee, to negotiate, execute, amend, and terminate the Programs for Immigrant Integration (PII) Agreements and Status Offender Services (SOS) Agreements, in an amount not to exceed $1,949,102 for period July 1, 2009 through June 30, 2010, 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.

Supp Info 1 - Memo to hold (Miscellaneous)

* 6.

Approve delegation of authority to the Director, Social Services Agency, or designee, to negotiate, execute, amend, and terminate Memoranda of Understanding with Bill Wilson Center, Unity Care Group, Inc., and Saint Andrew's Residential Program relating to providing transitional housing services to young adults in foster care, in an amount not to exceed $1,695,636, unless additional revenue is available, for period July 1, 2009 through June 30, 2010, including the option of two 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 June 30, 2012.

Transmittal SSA02 062409

* 7.

Approve delegation of authority to the Director, Social Services Agency, or designee, to negotiate, execute, amend, and terminate Agreements with Asian Americans for Community Involvement, Community Solutions, Next Door, and Support Network for Battered Women relating to providing domestic violence services, in an amount not to exceed $324,320 for period July 1, 2009 through June 30, 2010, 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.

Transmittal SSA03 062409

* 8.

Approve Fifteenth Amendment to the Interagency Agreement with the Santa Clara County In-Home Supportive Services (IHSS)  Public Authority Governing Board, relating to notification to the California Department of Social Services of changes to the Public Authority hourly rate.

Transmittal SSA04 062409
7/09 Interagency Agreement (Agreements and Amendments)
Letter of Intent re: PA Rate Change (Miscellaneous)
Attachment 4p: PA Hourly Rate (SOC 449) (Miscellaneous)
Attachment 4: PA Rate Worksheet (Miscellaneous)

In-Home Supportive Service Public Authority

* 9.

Approve Fifteenth Amendment to the Interagency Agreement with the County of Santa Clara relating to notification to the California Department of Social Services of changes to the Public Authority hourly rate.

Transmittal IHSS01 062409
7/09 Interagency Agreement (Agreements and Amendments)
Letter of Intent re: PA Rate Change (Miscellaneous)
Attachment 4p: PA Hourly Rate (SOC 449) (Miscellaneous)
Attachment 4: PA Rate Worksheet (Miscellaneous)

Santa Clara Valley Health and Hospital System

10.

Accept report on the status of the re-bid of contract drug and alcohol treatment services of the Department of Alcohol and Drug Services.

Possible action:

Approve the process for the selection of contract drug and alcohol treatment services.

Transmittal HHS13 062409
Request for Proposal Document (Miscellaneous)
Addendum to RFP (Miscellaneous)
Questions and Answers from Bidders Conference (Miscellaneous)

* 11.

Adopt Resolution delegating authority to the Public Health Administrator, or designee, to negotiate and execute contracts and contract amendments with various entities including California counties and cities, as well as business organizations and individuals, for Public Health Laboratory testing services, 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)
Transmittal HHS02 062409
Resolution Delegating Authority for PH Lab Testing (Resolution)

* 12.

Consider recommendations relating to Advanced Practice Center for emergency preparedness.

Possible action:

  1. Approve delegation of authority to the Public Health Administrator, or designee, to execute Amendments to Agreement with National Association of County and City Health Officials (NACCHO) relating to providing Advanced Practice Center services for period ending September 29, 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 September 29, 2009.

  2. Ratify Grant application submitted by the Public Health Administrator to NACCHO relating to grant funding for Advance Practice Center for emergency preparedness, in the amount of $500,000 for period October 1, 2009 through September 30, 2010.
Transmittal HHS03 062409
NACCHO APC Grant Application (Grant Application)

* 13.

Approve delegation of authority to the Public Health Administrator, or designee, to negotiate, execute, and amend Agreement with Stanford University relating to the Emergency Medical Systems Fellowship Program, in an amount not to exceed $35,000 per fiscal year 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.

Transmittal HHS04 062409

* 14.

Approve delegation of authority to the Santa Clara Valley Health and Hospital System - Chief Executive Officer, or designee, to execute Agreement and subsequent Amendments with Ramsell Corporation relating to Ramsell Corporation acting as the fiscal intermediary between the County and the California Department of Public Health AIDS Drug Assistance Program for period July 1, 2009 through June 30, 2014, 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, 2014.

Transmittal HHS05 062409
Draft Ramsell Agreement (Agreements and Amendments)

* 15.

Consider recommendations relating to Agreement with Santa Clara Family Health Plan.

Possible action:

  1. Approve delegation of authority to the Director, Department of Alcohol and Drug Services (DADS), or designee, to negotiate and execute Agreement with Santa Clara Family Health Plan relating to providing alcohol and drug treatment services, in an amount not to exceed $3,000 for period July 1, 2009 through June 30, 2010, 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.

  2. Approve delegation of authority to the Director, DADS, or designee, to renew Agreement annually for up to two additional one-year terms; to amend Agreement with Santa Clara Family Health Plan to modify rates, types, and units of services to be provided; to increase the maximum financial obligation; and, to terminate Agreement, 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.
Transmittal HHS06 062409

Supplemental Item16.

Consider recommendations relating to the County Fiscal Year (FY) 2010 Mental Health Services Act (MHSA) plans.

Possible action:

  1. Accept report relating to the MHSA.

  2. Authorize submission by the Mental Health Department of the County FY 2010 annual updates to the Community Services and Supports Plan, Initial Workforce Education and Training Plan, Initial Prevention and Early Intervention Plan, Seven Technological Needs Project Proposals, and Innovation Component Request for Funding for Community Program Planning to the California Department of Mental Health.
Transmittal HHS07 062409
Summary of FY09-10 CSS Annual Update (Miscellaneous)
Summary of Initial Workforce Education and Training Plan for FY10 (Miscellaneous)
Summary of Initial Prevention and Early Intervention Plan for FY10 (Miscellaneous)
Summary of Technological Needs Project Proposals for FY10 (Miscellaneous)
Innovation Component Request for Funding for Community Program Planning for FY10 (Miscellaneous)
Supp. Info 1 - Memo from SCVHHS (Miscellaneous)

* 17.

Consider recommendations relating to Main Hospital 1st Floor New Magnetic Resonance Imaging (MRI) Suite Project, Santa Clara Valley Health and Hospital System (SCVHHS) Project No. 200720048.

Possible action:

  1. Authorize increase of $39,663 in Supplemental Work Allowance to the contract with Fernandes and Sons General Contractors for the New MRI Suite, SCVHHS Project No. 200720048.

  2. Approve Contract Change Order No. 1 - Final - New MRI Suite, SCVHHS Project No. 200720048. Contractor - Fernandes and Sons General Contractors. Net increase of $189,663 and an increase of 74 calendar days.

  3. Accept Project as complete and authorize the Clerk of the Board to execute Notice of Completion of Contract and Acceptance of Work on the above.

Transmittal HHS08 062409
Final Change Order (Construction Documents)
Notice of Completion (Construction Documents)

* 18.

Consider recommendations relating to special inspection and material testing services for the Seismic Safety Project.

Possible action:

  1. Approve Professional Services Agreement (PSA) with Consolidated Engineering Laboratories for special inspection and material testing services, with a maximum compensation limit of $1,350,000, for period July 1, 2009 through December 31, 2012.

  2. Authorize the Director, Santa Clara Valley Health and Hospital System (SCVHHS) Facilities, to be the owner's authorized representative to execute Project Agreements for services during the term of the PSA, and to perform other administrative functions pursuant to the PSA.

  3. Authorize the Director, SCVHHS Facilities to execute Amendments to the PSA, extending the term up to six months beyond December 31, 2012, and to increase the PSA by up to $200,000, if necessary.

Transmittal HHS09 062409
Testing Agreement (A - Multiple Recommendations)

* 19.

Adopt Resolution establishing inpatient hospital room rates, effective July 1, 2009, for Santa Clara Valley Medical Center, including the Barbara Arons Psychiatric Facility. (Roll Call Vote)

Transmittal HHS10 062409
Inpatient Room Rates Resolution (Resolution)

Employee Services Agency

Supplemental Item* 20.

Consider recommendations relating to approval of the various Group Service Agreements for health insurance benefits for the 2010 plan year.

Possible action:

  1. Approve the 2010 plan year Group Service Agreements for health insurance benefits for the active County employee group with Kaiser Foundation Health Plan, Inc., and Valley Health Plan for plan coverage period June 29, 2009 through June 27, 2010; and, with Health  Net for plan coverage period July 1, 2009 through June 30, 2010.

  2. Approve the 2010 plan year Group Service Agreements for health insurance benefits for the County retiree group, COBRA participants, and authorized subgroups with Kaiser Foundation Health Plan, Inc., Valley Health Plan, and Health Net for plan coverage period July 1, 2009 through June 30, 2010.

  3. Approve the 2010 plan year renewal with Delta Dental, Vision Service Plan, and United Health Care/Pacific Union Dental for insurance benefits for the County retiree group, COBRA participants, and authorized subgroups for plan coverage period July 1, 2009 through June 30, 2010.
Transmittal ESA01 062409
Transmittal Approving Premium Plan Rates 051909 (Miscellaneous)
Attachment A (Miscellaneous)
Attachment B (Miscellaneous)
List of Agreements (Miscellaneous)
Signature Pages (Agreements and Amendments)
Supp Info 1 - Memo to correct possible action c- affecting active County employees (Miscellaneous)

* 21.

Consider recommendations relating to the selection of International City/County Management Association-Retirement Corporation (ICMA-RC) as the plan record keeper for the County of Santa Clara 457 Deferred Compensation Plan and 401(a) Supplemental Benefit Plan.

Possible action:

  1. Authorize the Deputy County Executive, Employee Services Agency, or designee, to proceed with final negotiations with ICMA-RC for a new Agreement for plan record keeping and related administrative services for the County 457 Deferred Compensation Plan and 401(a) Supplemental Benefit Plan.

  2. Approve delegation of authority to the Deputy County Executive, Employee Services Agency, or designee, to extend the expiration date of the existing agreement with ICMA-RC for a maximum of three months from July 1, 2009 to September 30, 2009 relating to plan record keeping and related administrative services for the County 457 Deferred Compensation Plan and 401(a) Supplemental Benefit Plan, 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 September 30, 2009.
Transmittal ESA02 062409

* 22.

Approve delegation of authority to the Deputy County Executive, or designee, to negotiate and execute Agreement with Brown's River Records Preservation Services relating to providing document restoration services, in an amount not to exceed $1,313,000, 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 December 31, 2009.

Transmittal ESA03 062409

Board of Supervisors

23.

Accept report from Board President.


* 24.

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

District Attorney Dolores Carr will travel to South Lake Tahoe, California, to attend the California District Attorneys Association Summer Conference on June 22-26, 2009.

District Attorney Travel Memo (Miscellaneous)

* 25.

Accept reports from members of the Board of Supervisors relating to meetings attended through June 17, 2009.

District 1 (Miscellaneous)
District 2 (Miscellaneous)
District 3 (Miscellaneous)
District 4 (Miscellaneous)
District 5 (Miscellaneous)

26.

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

  1. Refer to the Clerk of the Board of Supervisors and County Counsel a request to bring forward through the Finance and Government Operations Committee recommended changes to the Rules of the Board of Supervisors that would clarify the timing of reappointments to Boards and Commissions. (Yeager)

  2. Refer to the Planning Department a review of "Standard Plan A: Residential Seismic Strengthening Plan - 2008" and preparation of a Resolution for consideration by the Board of Supervisors endorsing a regional minimum standard for seismic retrofitting of wood-frame houses that will adequately protect wood-frame houses, provide regional consistency, and allow homeowners to receive comparable bids for seismic retro-fit jobs. (Kniss)

Transmittal BOS4-062409-04 : Referral regarding revisions to the Rules of the Board of Supervisors as to the timing of reappointments to Boards and Commissions
Transmittal BOS-D5-062409-09 : Residential Seismic Strengthening Standard Plan Set for Wood-Frame Houses
Letter from ABAG and Attachments for Seismic Strengthening (Miscellaneous)

27.

Adopt Resolution supporting the State of California's effort to name the Highway 152/156 flyover after Joseph Anthony Zanger, Sr. (Gage) (Roll Call Vote)

Transmittal BOS 1062409 2
Resolution (Resolution)

28.

Consider recommendation to restore all filled position cuts for Service Employees' International Union (SEIU) Local 521 positions within the Mental Health Department, contingent upon an agreement being reached between SEIU Local 521 and the County on reduced work hours equal to the cost of restoration. (Cortese)


* 29.

Appoint the following members of the Board of Supervisors to the Association of Bay Area Governments (ABAG). (President)

 Name  Term of Appointment  Position
Supervisor Yeager

July 1, 2009 - June 30, 2011

Representative

Supervisor Cortese

July 1, 2009 - June 30, 2011

Representative

Supervisor Gage

July 1, 2009 - June 30, 2011

Alternate

Supervisor Shirakawa

July 1, 2009 - June 30, 2011

Alternate

Transmittal BOSD5-062409-01

* 30.

Appoint Supervisor George Shirakawa as an alternate member representing the Board of Supervisors on Local Agency Formation Commission (LAFCo). (President)

Transmittal BOSD5-062409-03

* 31.

Appoint Pete McHugh, Milpitas City Council member; Rod Dole, current interim Director; and, Supervisor Ken Yeager, Chair of the Board's Finance and Government Operations Committee, as permanent Directors of the Santa Clara County Tobacco Securitization Corporation. (President)

Transmittal BOSD5-062409-02

* 32.

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


33.

Accept report from Public Safety and Justice Committee relating to meeting of June 4, 2009. (Shirakawa)

Possible action:

  1. Accept Committee agenda items 5, 6, 8, 10, and 11 as Board information only.

  2. Approve recommendations from the County Executive to abolish the Juvenile Hall Advisory Board (JHAB) and establish other measures to meet these needs to include continued focus on safety and conditions of juvenile detention facilities and public participation. (Item 7)

  3. Introduction and preliminary adoption of Ordinance NS-300.802 repealing Chapter III, commencing with Section A27-27 of Division A27 of Title A of the County of Santa Clara Ordinance Code relating to the establishment of a JHAB (Roll Call Vote to waive reading, Roll Call Vote to adopt) (Item 7)

  4. Approve Fiscal Year 2009-2010 Annual Work Plan from the Domestic Violence Council. (Item 9)
Transmittal BOS2-062409-1
PSJC Agenda 6/4/09 (Miscellaneous)
JHAB_transmittal (Miscellaneous)
JHAB_EstablismentOrdinance (Ordinances)
JHAB Recommendation (Boards and Commissions)
DVC WorkPlan (Boards and Commissions)
ACCA Workplan (Boards and Commissions)
JHAB_RepealOrdinance (Ordinances)

* 34.

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


* 35.

There is no report from Finance and Government Operations Committee relating to meeting of (date). (Yeager)


* 36.

There is no report from Legislative Committee. (Kniss)


* 37.

There is no report from Children, Seniors, and Families Committee. (Cortese)


* 38.

Accept report from Board Delegates to the Valley Transportation Authority relating to the meeting of June 4, 2009. (Gage, Kniss)

Transmittal BOS 1061709 1

* 39.

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


* 40.

Accept report from Board Delegate to the Bay Area Air Quality Management District relating to meeting of June 3, 2009. (Kniss)

Transmittal BOS-D5-062409-10

* 41.

Accept report from Board Delegates to Local Agency Formation Commission (LAFCo) relating to meeting of June 3, 2009. (Gage, Kniss)

Transmittal BOS01062409

County Executive

Supplemental Item42.

Accept report from Acting County Executive.

Supp Info 1 - Update on FY 2010 State Budget (Miscellaneous)

43.

Consider recommendations relating to calling for a balanced approach to solving the Fiscal Year 2009-10 State Budget shortfall.

Possible action:

  1. Accept report.

  2. Adopt Resolution urging the State Legislature and Governor to adopt a State Budget solution that includes both expenditure reductions and revenues. (Roll Call Vote)
Transmittal CE16 062409
Resolution Urging the State Legislature and Governor to Solve the FY 2010 Budget Shortfall through both Revenues and Cuts (Resolution)
Urban Counties Caucus Budget Principles (Miscellaneous)

Supplemental Item44.

Consider recommendations relating to endorsing the National Association of Counties' Health Care Reform Principles.

Possible action:

  1. Accept report.

  2. Adopt Resolution endorsing the National Association of Counties' Health Care Reform Principles. (Roll Call Vote)
Transmittal CE17 062409
NACo Resolution (Miscellaneous)
Supp. Info 1 - Memo from BKSH & Associates (Miscellaneous)

45.

Approve Request for Appropriation Modification No. 186 - transferring $5,554,546.02 from the General Fund Contingency Reserve to the budgets of the Office of the Assessor, Information Services Department, and the Department of Correction, relating to balancing departmental year-end budgets as required by State law. (4/5 Roll Call Vote)

Transmittal CE01 062409
F-85 #186 (Appropriation Modification (F-85))
Departmental Transmittals (Miscellaneous)

46.

Approve Request for Appropriation Modification No. 007 - rebudgeting $42,684,065.14 in expenses and $28,246,461.49 in revenue from unspent Fiscal Year (FY) 2009 funds for use in FY 2010. (4/5 Roll Call Vote)

Transmittal CE02 062409
F-85 #007 (Appropriation Modification (F-85))
Departmental Transmittals (Miscellaneous)

47.

Consider recommendations relating to reappropriating Fiscal Year (FY) 2009 balances in Capital Projects and Fixed Assets, and one-time funding changes.

Possible action:

  1. Approve Request for Appropriation Modification No. 006 - $145,259,804.76 increasing revenue and expenditures in the FY 2010 Santa Clara Valley Medical Center Capital Budget. (4/5 Roll Call Vote)

  2. Approve delegation of authority to the County Budget Director to approve adjustments to actual capital and fixed asset rollover appropriations in FY 2010 to match amounts available at the close of FY 2009. Delegation of authority shall expire on October 1, 2009.
Transmittal HHS11 062409
Appropriation Modification FY10 (Appropriation Modification (F-85))

48.

Consider recommendations relating to the Parks and Recreation Department Capital Improvement Project balances and a one-time funded services and supplies appropriation.

Possible action:

  1. Approve Request for Appropriation Modification No. 002, re-budgeting $41,111,328 in expenses and $3,237,913 in grant revenue from unexpended and unencumbered funds within the Parks and Recreation Department Capital budget, and re-budgeting $80,000 in services and supplies within the Department operating budget. (4/5 Roll Call Vote)

  2. Approve delegation of authority to the County Budget Director to approve adjustments to actual capital project rollover appropriations in Fiscal Year (FY) 2010 to match amounts available at the close of FY 2009.
Transmittal PRK04 062409
F85 for CIP Re-appropriation (Appropriation Modification (F-85))
Attachment "A" (Miscellaneous)

49.

Consider recommendations relating to rebudgeting of Fiscal year (FY) 2009 Roads and Airports projects.

Possible action:

  1. Approve Request for Appropriation Modification No. 005 - $38,698,507 rebudgeting funds in FY 2010 to support Roads and Airports Department capital projects including $4,298,521 Measure B Operating Transfers-Out for projects previously approved by the Board of Supervisors. (4/5 Roll Call Vote)

  2. Approve delegation of authority to the Budget Director, Office of Budget and Analysis, to approve adjustments to the rebudgeting in FY 2010 to match amounts available at the close of FY 2009. Delegation of authority shall expire on June 30, 2010.
Transmittal RA01 062409
F85 FY 09 Preliminary Rollover (Appropriation Modification (F-85))
Attachment A - Appropriation (Miscellaneous)
Attachment B - Revenue (Miscellaneous)

50.

Consider recommendations relating to Fiscal Year (FY) 2009 Facilities and Fleet Department, Capital Project balances.

Possible action:

  1. Approve Request for Appropriation Modification No. 003 - increasing revenues and expenditures in the Facilities and Fleet Department, Capital Programs Division budget for approved Capital Projects consisting of $35,311,409.43 in revenues and $38,879,177.04 in expenditures relating to the General Capital Improvements Fund; transfers related to Bond Funds (various Funds); and, energy rebate and grant revenue associated with Fuel Cell Project 263-EN07001. (4/5 Roll Call Vote)

  2. Approve delegation of authority to the Budget Director, Office of Budget and Analysis, to approve adjustments to actual capital rollover appropriations in FY 2010 to match amounts available at the close of FY 2009. Delegation of authority shall expire October 31, 2009.

Transmittal FAF02 062409
F85 #003 Capital Rollover (Appropriation Modification (F-85))

* 51.

Accept semi-annual report of gifts under $10,000 received by various departments, for period December 1, 2008, through May 31, 2009.

Transmittal CE03 062409
District 3 (Miscellaneous)
Office of the County Executive (Miscellaneous)
Information Systems Department (Miscellaneous)
County Communications Department (Miscellaneous)
Employee Services Agency (Miscellaneous)
Office of the Sheriff (Miscellaneous)
Department of Correction (Miscellaneous)
Probation Department (Miscellaneous)
Department of Child Support Services (Miscellaneous)
Social Services Agency (Miscellaneous)
SCVHHS (Miscellaneous)
Parks and Recreation Department (Miscellaneous)
Agriculture and Environmental Management (Miscellaneous)
SCC Fire Department (Miscellaneous)

* 52.

Approve Request for Appropriation Modification No. 202 - $1,470,000 adjusting revenues and transferring funds within the Measure B Transportation Improvement Plan budget. (4/5 Roll Call Vote)

Transmittal CE05 062409
FY 09 Budget Modification (Appropriation Modification (F-85))

* 53.

Approve delegation of authority to the Chief Information Officer, or designee, to execute Agreement and subsequent Amendments with IBM Corporation (IBM) relating to providing business continuity and recovery services, and a disaster recovery warm site for the IBM Mainframe environment, in an amount not to exceed $500,000 for period July 1, 2009 through June 30, 2014, 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, 2014.

Transmittal CE07 062409
December 9, 2003 Board Transmittal (Miscellaneous)
IBM Contract Original Award (Agreements and Amendments)
IBM Contract Amendment 2 (Agreements and Amendments)
April 24, 2007 Board Transmittal (Miscellaneous)
IBM Contract Amendment 3 (Agreements and Amendments)
IBM Contract Amendment 4 (Agreements and Amendments)

* 54.

Approve delegation of authority to the Director, Procurement Department, or designee, to negotiate, execute, amend, administer, enforce, and terminate Agreement No. 5500001834 with Language Line Services, Inc., relating to providing oral language interpretation services and related equipment, in an amount not to exceed $500,000 for period July 1, 2009 through June 30, 2012, with option to renew for two additional one-year periods, 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.

Transmittal CE08 062409

* 55.

Consider recommendations relating to the Pharmacy Automated Prescription Fulfillment System.

Possible action:

  1. Approve delegation of authority to the Director, Procurement Department, or designee, to amend Agreement No. 5500001430 with McKesson High Volume Solutions Inc., formerly known as SI/Baker, Inc., relating to providing pharmacy automated prescription fulfillment system, increasing compensation by $430,000 for a total contract amount not to exceed $2,131,107.50 for period November 1, 2005 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 delegation of authority to the Director, Procurement Department, or designee, to administer, enforce, modify, and terminate amended Agreement No. 5500001430. Delegation of authority shall expire on February 28, 2011.
Transmittal CE09 062409

* 56.

Consider recommendations relating to nucleic acid amplification test (NAAT) equipment, reagent, and related products.

Possible action:

  1. Approve delegation of authority to the Director, Procurement Department, or designee, to amend Agreement No. 5500000101 with Gen-Probe Sales & Service, Inc., relating to providing NAAT equipment, reagent, and related products, increasing compensation by $700,000 for a total contract amount not to exceed $2,650,000 and extending the term of the Agreement from August 26, 2009 to August 26, 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 August 26, 2011.

  2. Approve delegation of authority to the Director, Procurement Department, or designee, to administer, enforce, modify, and terminate amended Agreement No. 5500000101. Delegation of authority shall expire on August 26, 2011.
Transmittal CE10 062409

* 57.

Consider recommendations relating to County vehicle and equipment fuel credit cards.

Possible action:

  1. Approve delegation of authority to the Director, Procurement Department, or designee, to amend Agreement No. 5500000396 with Wright Express Financial Services relating to providing County vehicle and equipment fuel credit cards, in an amount not to exceed $500,000, for a total amount not to exceed $5,000,000 for period May 1, 2000 through December 31, 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 December 31, 2009.

  2. Approve delegation of authority to the Director, Procurement Department, or designee, to issue a solicitation relating to providing County vehicle and equipment fuel credit cards for a three-year period with option for two additional one-year extensions. Delegation of authority shall expire on December 31, 2009.
Transmittal CE11 062409

* 58.

Consider recommendations relating to Verizon wireless equipment and related services.

Possible action:

  1. Approve delegation of authority to the Director, Procurement Department, or designee, to amend Agreement No. 5500001498 with Verizon relating to providing Verizon wireless equipment and related services, increasing compensation by $1,000,000 for a total contract amount not to exceed $3,000,000 and extending the term of Agreement from June 30, 2009 to October 2, 2010, 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 2, 2010.

  2. Approve delegation of authority to the Director, Procurement Department, or designee, to administer, enforce, modify, and terminate amended Agreement No. 5500001498. Delegation of authority shall expire on October 2, 2010.
Transmittal CE12 062409

59.

Under advisement from April 7, 2009 (Item No. 22): Accept report relating to inclusion of County cafeterias and other County services and departments, as appropriate, in solicitation for fresh produce and authorize the Procurement Department to issue the solicitation for fresh produce.

Transmittal CE13 062409

* 60.

Approve delegation of authority to the Acting County Executive, or designee, to negotiate, execute, amend, and terminate Memorandum of Understanding with the South Bay Coalition to End Human Trafficking relating to coordination of services for a grant from the Office for Victims of  Crime, for period June 24, 2009 through December 31, 2010, 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, 2010.

Transmittal CE14 062409

* 61.

Adopt Resolution approving application for 2009 Grant Funds from the U.S. Department of Health and Human Services, Administration Children and Families, Strengthening Communities Fund relating to grant funding for the State, Local, and Tribal Government Capacity Building Program, in the amount of $250,000, and delegating authority to the Acting County Executive, or designee, to negotiate, execute, amend, and terminate any necessary Agreements, annual renewals, or extensions of, or related to, the Grant Agreement, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive, for 24 months post award. Delegation of authority shall expire on December 31, 2012. (Roll Call Vote)

Transmittal CE15 062409
Resolution (Resolution)
Supporting Organizations for SEMT and Nonprofit Capacity Building Grant (Miscellaneous)

County Counsel

62.

Accept report from County Counsel on legal issues.


Boards & Commissions

* 63.

Announce appointments by individual Board members to various Boards and Commissions:

Supervisor Yeager (District 4):

Appointee Name

Board/Commission Name

  Alan Hummel Animal Advisory Commission
  Patricia Bennett Domestic Violence Council
  Rita Piziali  Province of Florence, Italy
    Sister County-Commission
  Wendy Teague Province of Florence, Italy
    Sister County-Commission
  Linda Lenoir Health Advisory Commission
  Michael Smith Historical Heritage Commission
  Mary Cheryl Nacionales Human Relations Commission
  Tung Nguyen Senior Care Commission

Supervisor Kniss (District 5):

Appointee Name

Board/Commission Name

  Steven Barron Social Services Advisory Commission
  Cathy Lazarus Province of Florence, Italy
    Sister-County Commission
  Michael Fischetti Health Advisory Commission
  Katherine Lucero Domestic Violence Council
  Audrey Sutton Animal Advisory Commission
  Rolanda Pierre-Dixon Social Services Advisory Commission
  Holly Ullman Human Relations Commission
  Hannah Yu  Citizens Advisory
    Commission on Elections
Transmittal BOSD5-062409-07 : Board and Commissions Appointments
Transmittal BOS4-062409-03 : Individual Appointments

Supplemental Item* 64.

Approve Board As-a-Whole appointments to various Boards and Commissions:

Appointee Name

Recommended By

Board/Commission

  Julianna Brooks Kniss Mental  Health Board
  Elizabeth Shivell Kniss Child Abuse Council
  Victor Okjakian Kniss Mental Health Board
  Margene Chmyz Kniss Mental Health Board
 

Sarah Scofield

Yeager Child Abuse Council
  William Anderson Yeager Personnel Board
  Bharat Desai Yeager Public Authority for In-Home
      Supportive Services
  Kai Lu Yeager Public Authority for In-Home
      Supportive Services
Transmittal BOSD%-062409-06 : Board and Commission Appointments
Transmittal BOS4-062409-02 : Board-as-a-Whole Appointments
Supp. Info 1 - Transmittal for Henry Morillo (Miscellaneous)

* 65.

Approve recommendation from the Roads Commission to appoint Chris Fernandez to serve as the County's Ex-Officio Member on the Valley Transportation Authority Bicycle Pedestrian Advisory Committee (BPAC).

Transmittal BC01-062409

* 66.

Approve request from the Santa Clara County Health Authority to reappoint the following individuals to the Governing Board of the Santa Clara County Health Authority:

  1. Hao Bui, to the seat to be occupied by a representative of allied health providers in Santa Clara County.

  2. Sonja Dillard, to the seat to be occupied by a representative of consumers in Santa Clara County.

  3. Robin Roche, to the seat to be occupied by an executive of the Santa Clara Valley Health and Hospital System.
Transmittal for Hao Bui (Miscellaneous)
Transmittal for Sonja Dillard (Miscellaneous)
Transmittal for Robin Roche (Miscellaneous)

Law and Justice

* 67.

Accept the Fiscal Year 2010 Vehicle Registration Fee (Senate Bill 720) Expenditure Plan, and authorize payments to various County-wide law enforcement agencies in a total amount not to exceed $1,633,299 relating to maintaining the County-wide fingerprint identification system.

Transmittal DA01 062409

* 68.

Consider recommendations relating to the Fiscal Year (FY) 2010 Criminal Restitution Compact Program.

Possible action:

  1. Adopt Resolution delegating authority to the District Attorney, or designee, to execute a standard Grant Award Agreement with the California Victim Compensation and Government Claims Board for services provided through the Criminal Restitution Compact Program, including any documents necessary to extend or amend the Grant Award Agreement that have no fiscal implications, in an amount not to exceed $213,000 for period July 1, 2009 through June 30, 2010, 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, 2010. (Roll Call Vote)

  2. Authorize the Office of the County Executive, Office of Budget and Analysis to decrease revenue and expenditures in the Office of the District Attorney FY 2010 budget by $11,444.50. (Roll Call Vote)
Transmittal DA02 062409
Resolution (Resolution)

* 69.

Approve delegation of authority to the Sheriff and County Executive, or designees, to negotiate, execute, amend, and terminate Agreement with the California Department of Boating and Waterways relating to providing a patrol vessel for period July 1, 2009, through June 30, 2014, 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, 2014.

Transmittal SO01 062409

* 70.

Consider recommendations relating to the Office of Justice Program's Bureau of Justice Assistance Fiscal Year 2009 American Recovery and Reinvestment Act (ARRA): Edward Byrne Memorial Competitive Grant Application.

Possible action:

  1. Ratify Grant Application submitted by the Office of the Sheriff to the U.S. Bureau of Justice Assistance relating to grant funding for the ARRA:  Edward Byrne Memorial Competitive Grant Program, with the goal of reducing and preventing crime through increased analysis and investigation, in the amount of $782,866 for period July 1, 2009 through June 30, 2011.

  2. Approve delegation of authority to the Sheriff, or designee, to accept grant funds and negotiate, execute, and terminate any necessary contracts, amendments, annual renewals, or extensions relating to the ARRA: Edward Byrne Memorial Competitive Grant Program, in an amount not to exceed $782,866 for period July 1, 2009 through June 30, 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 June 30, 2011.
Transmittal SO02 062409

* 71.

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 $5,000 for the Domestic Cannabis Eradication Suppression Program Grant.

  2. Approve Request for Appropriation Modification No. 008 - $5,000 increasing revenue and expenditures in the Office of the Sheriff budget. (4/5 Roll Call Vote)

Transmittal SO03 062409
Attachment A (Appropriation Modification (F-85))

* 72.

Consider recommendations relating to Agreement with the Santa Clara County Office of Education.

Possible action:

  1. Approve delegation of authority to the Sheriff and County Executive, or designees, to negotiate, execute, amend, and terminate a Memorandum of Understanding with the Santa Clara County Office of Education relating to providing three Deputy Sheriff School Resource Officers, in an amount not to exceed $450,000 for period July 1, 2009 though June 30, 2010, 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.

  2. Approve Request for Appropriation Modification No. 010 - $150,000 increasing revenue and expenditures in the Office of the Sheriff budget. (4/5 Roll Call Vote)

  3. Introduction and preliminary adoption of Salary Ordinance No. NS-5.09.94 amending Santa Clara County Salary Ordinance No. NS-5.09 relating to the compensation of employees adding one Deputy Sheriff position in the Office of the Sheriff. (Roll Call Vote to waive reading, Roll Call Vote to adopt)
Transmittal SO04 062409
Attachment A (Appropriation Modification (F-85))
Salary Ordinance Amendment No. NS-5.09.94 (Ordinances)

73.

Approve delegation of authority to the Chief of Correction, or designee, to extend existing contract with Correctional Institutions Chaplaincy, Inc., to continue providing religious services for inmates, in an amount not to exceed $50,000 for period July 1, 2009 through September 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 September 30, 2009.

Transmittal DOC02 062409

74.

Held from June 9, 2009 (Item No. 61): Adopt Resolution delegating authority to the Chief of Correction, or designee, to negotiate, execute, amend, extend, renew, and Agreements with various service providers, excluding religious service providers, for the purpose of providing inmate programs and services, with the exception of religious services, funded in whole or in part by the Inmate Welfare Fund (IWF), provided that no contract exceeds the IWF expenditures approved by the IWF Committee and submitted to the Board of Supervisors, and the Department of Correction approved budget for any portions of the contracts not funded by the IWF, 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, 2014. (Roll Call Vote)

Transmittal DOC03 062409
Resolution Delegating Authority to the Chief of Correction for the Execution of IWF Contracts (Resolution)

Finance Agency

* 75.

Approve recommendation to not authorize the issuance of Gilroy Unified School District Tax and Revenue Anticipation Notes (TRANS) through the County, which will allow the Gilroy Unified School District to participate in the State Pool TRANS Program.

Transmittal F01 062409

76.

Accept presentation relating to the declaration by the Board that the debt from the 1973 Santa Clara County Public Facilities Corporation Series A bonds have been fully paid and the debt retired.

Possible action:

Adopt Resolution declaring that bond related liabilities incurred by the Santa Clara County Public Facilities Corporation have been discharged. (Roll Call Vote)

Transmittal F03 062409
Resolution Regarding Santa Clara County Public Facilities Corp. (Resolution)

1:30 p.m. Time Certain

77.

Accept presentation of award from the American Heart Association to the Santa Clara County Employee Wellness Program. (Kniss)

Transmittal BOSD5-062409-08

Supplemental Item* 78.

Resolutions, Commendations, and Memorials. (Roll Call Vote)

  1. Adopt Resolutions commending Jeff Gans, Gary Bianconi, and Tim Mulligan for years of dedicated service as they retire from the County of Santa Clara, Department of Environmental Health. (Department of Agriculture and Environmental Management)

  2. Adopt Resolution commending Yoshiye Kawamoto as she retires after 36 years of service to the County of Santa Clara. (Office of the Chief Information Officer)

  3. Adopt Resolution proclaiming June 27, 2009, as "National HIV Testing Day" in Santa Clara County. (Santa Clara Valley Health and Hospital System)

  4. Adopt Resolution commending Denise Becker as she retires after 22 years of service to the County of Santa Clara. (Santa Clara Valley Health and Hospital System)

  5. Adopt and present Resolution commending Ann  Miller Ravel as she leaves Santa Clara County to continue her dedication to public service in the United States Department of Justice, Office of the Attorney General. (Kniss)

  6. Adopt Resolution commending Sgt. Robert F. (Bob) Buckles as he retires after more than 30 years of dedicated service to the California Highway Patrol. (Gage)

  7. Adopt Resolution commending Jean Koehl for leadership and commitment as the State Grand President of the Native Daughters of the Golden West for 2008-2009. (Gage)

  8. Adopt Resolution proclaiming June, July, and August 2009 as "Soda Free Summer" in Santa Clara County. (Yeager)

  9. Adopt Resolution commending Monsignor John Sandersfeld of the Diocese of San Jose and calling upon all citizens, companies, and organizations to join with us in commending the good works and accomplishments of the Monsignor on the occasion of his retirement. (Cortese)

  10. Adopt Resolution proclaiming July 1, 2009 as "Victory Outreach Day" and thank Pastor Ed and Mitzi Morales for 30 years of extraordinary service in bringing their ministry to Santa Clara County. (Shirakawa)

  11. Adopt Resolution commending Allied Waste for its selection as the Milpitas Chamber of Commerce 2009 Corporate Citizen of the Year. (Cortese)

  12. Adopt Resolution commending Paul Mulder as he is selected the Milpitas Chamber of Commerce 2009 Business Person of the Year. (Cortese)

  13. Adopt and present Resolution commending the Bohlman Road Neighborhood Association for their work to maintain a safe, clean, environmentally sound community. (Kniss)

  14. Ratify Resolution proclaiming the Month of June 2009 as "Philippine Independence Day Celebration and Fil-Am Friendship Month" in Santa Clara County. (Cortese)

  15. Ratify Resolution proclaiming June 19, 2009 as "Armed Forces Day" in Santa Clara County. (Cortese)

  16. Ratify Resolution, presented on June 9, 2009, commending Judge Catherine A. Gallagher for tremendous dedication and service to the residents of Santa Clara County and unwavering commitment to making this community one of fairness and pride. (Cortese)

Transmittal AEM01 062409 : Adopt Resolutions for Retiring Employees
Recognition for Services 1 (Resolution)
Recognition for Services 2 (Resolution)
Recognition for Services 3 (Resolution)
Transmittal CE06 062409 : Adopt Resolution Commending Yoshiye Kawamoto as she Retires After 36 Years of Service
Resolution of Commendation for Yoshiye Kawamoto (Resolution)
Transmittal HHS01 062409 : Proclamation Declaring June 27, 2009 as "National HIV Testing Day"
National HIV Testing Day Resolution (Resolution)
Transmittal HHS12 062409 : Resolution Commending Denise Becker as She Retires After 22 Years of County Service
Becker Resolution (Resolution)
Transmittal BOSD5-062409-08 : Adopt and Present Resolution of Commendation
Reso for Ann Ravel (Resolution)
Transmittal BOS 1062409 3 : Resolution commending Sgt. Robert F. (Bob) Buckles for more than 30 years of service to the California  Highway Patrol
Buckles Resolution (Resolution)
Transmittal BOS 01062405 : Adopt resolution commending Jean Koehl for her leadership and commitment as the State Grand President of the Native Daughters of the Golden West for 2008 - 2009.
Koehl Resolution (Resolution)
Transmittal BOS4-062409-01 : Resolution proclaiming the months of June, July, and August 2009 as Soda-Free Summer
Proclamation for Soda-Free Summer (Resolution)
Transmittal BOSD301 062409 : Adopt Resolution commending Monsignor John Sandersfeld
Monsignor John Sandersfeld (Resolution)
Transmittal BOSD307 062409 : Adopt Resolution commending Paul Mulder
Transmittal BOSD306 062409 : Adopt Resolution commending Allied Waste Services
Transmittal BOS2-062409-2 : RESOLUTION OF COMMENDATION
Resolution (Resolution)
Transmittal BOSD303 062409 : Ratify Resolution Proclaiming the Month of June 2009 as Philippine Independence Day Celebration & Fil-Am Friendship Month
Proclamation for Philippine Independence Day Celebration & Fil-Am Friendship Month (Resolution)
Transmittal BOSD302 062409 : Ratify Resolution Proclaiming June 19, 2009 as Armed Forces Day
Proclamation for Armed Forces Day (Resolution)
Transmittal BOSD304 062409 : Ratify Resolution Commending Judge Catherine A. Gallagher
Resolution for Judge Catherine A. Gallagher (Resolution)
Supp Info 1 - Revised Resolution proclaiming HIV Testing Day (Resolution)
Supp. Info 2 - Transmittal for Bohlman Road Neighborhood Association (Miscellaneous)
Supp. Info 3 - Resolutions for Bohlman Road, Mulder, and Allied Waste (Resolution)

2:00 p.m. Hearing

Supplemental Item79.

Hearing to consider objections to the assessment of charges for weed abatement and modify the Weed Abatement Program Assessment Report, if necessary.

Possible action:

  1. Open public hearing and receive testimony.

  2. Close public hearing.

  3. Adopt Resolution confirming the Weed Abatement Program Assessment Report and ordering cost of abatement to be a special assessment on the respective properties described in the report. (Roll Call Vote)
Transmittal AEM02 062409
Resolution Confirming Weed Abatement Assessment Report (Resolution)
2009 Weed Abatement Assessment Report (Miscellaneous)
Publication Information (Miscellaneous)
Supp. Info 1 - Memo and Attachment from Dept. of Agriculture and Environmental Mgmt. (Miscellaneous)

2:00 p.m. Hearing - County Sanitation District No. 2-3

80.

Hearing to consider Sewer Service Charges for County Sanitation District No. 2-3 to be collected on the County Tax Roll for Fiscal Year 2009-2010.

Possible action:

  1. Open public hearing and receive testimony.

  2. Close public hearing.

  3. Adopt Resolution adopting report describing parcels of real property and amount of sewer service charges to be collected on Tax Roll for County Sanitation District No. 2-3 of Santa Clara County for Fiscal Year 2009-2010. (Roll Call Vote)
Transmittal (Sanitation District 2-3)
Resolution (Resolution)
Sewer Service Tax Roll Part 1 (Sanitation District 2-3)
Sewer Service Tax Roll Part 2 (Sanitation District 2-3)

2:00 p.m. Land Use Hearing

81.

Continued from May 19, 2009 (Item No. 74): Hearing to consider Resolution accepting offer of dedication for new storm drain easement and summarily vacating existing storm drain easement on property located at 2302 East Valley Court, San Jose. Property of Jerry and Lena Baker. (Assessor's Parcel No. 654-18-034) (Supervisorial District 3)

Possible action:

  1. Open public hearing and receive testimony.

  2. Close public hearing.

  3. Adopt Resolution accepting offer of dedication for new storm drain easement and summarily vacating existing storm drain easement on property at 2302 East Valley Court, San Jose. (Roll Call Vote)
Transmittal PLN01 062409
Resolution (Resolution)
Acceptance of Offer of Dedication of Storm Drain Easement (Miscellaneous)
Letters from Neighbors dated 5/4/09, 5/12/09 and 5/18/09 (Miscellaneous)
Letter dated 6/3/09 in response to neighbor letter dated 5/12/09 (Miscellaneous)
Location Map (Miscellaneous)
Affidavit of Mailing (Miscellaneous)
Publication Information (Miscellaneous)
Memo to Hold from 5/19/09 (Miscellaneous)

Parks and Recreation Department

* 82.

Accept Report on Bids for Construction of Field Sports Park Site Improvements Project at Field Sports County Park.

Possible action:

  1. Award contract to Terra Coast Construction, Inc., in the amount of $98,500 with a construction time of 60 calendar days.

  2. Approve encumbrance of additional $9,850 as Supplemental Work Allowance (SWA) for a total encumbered amount of $108,350.

  3. Authorize Administration to issue change orders, as necessary, against the SWA and to approve modifications to the construction time.

  4. Ratify Addendum No. 1.
Transmittal PRK01 062409
Addendum No. 1 (Construction Documents)
Bid Results Report (Construction Documents)

* 83.

Accept Report on Bids for Construction of Boat Launching Facilities at Alviso Marina County Park.

Possible action:

  1. Award contract to Granite Construction Company in the amount of $1,483,800 with a construction time of 180 calendar days.

  2. Approve encumbrance of additional $148,380 as supplemental work allowance (SWA) for a total encumbered amount of $1,632,180.

  3. Authorize Administration to issue change orders, as necessary, against the SWA and to approve modifications to the construction time.

  4. Ratify Addendum Nos. 1 and 2.
Transmittal PRK02 062409
Bid Results (Construction Documents)
Addendum No. 1 (Construction Documents)
Addendum No.2 (Construction Documents)

* 84.

Approve the Project, adopt plans and specifications, and authorize advertisement of Contract Documents for the East Barn Restoration Project at Bernal-Joice Ranch, Santa Teresa County Park.

Opening of Bids:

Thursday, July 31, 2009, at 2:00 p.m.,

in the Office of the Clerk of the Board of Supervisors.

Transmittal PRK03 062409
Notice to Bidders (Construction Documents)

* 85.

Consider recommendations relating to Notice of Intent to Purchase Real Property for Public Park Purposes.

Possible action:

  1. Adopt Resolution of Intention to Purchase Real Property known as a portion of Tulare Hill (Assessor's Parcel Nos. 706-11-002, -004, and -023) located between Coyote Creek Parkway and Santa Teresa County Park. Property of Whiskey Hill Partners LLC. (Roll Call Vote)

  2. Authorize Clerk of the Board to set Tuesday, August 11, 2009, at 2:00 p.m., as the date and time to consider acquisition of Real Property.

  3. Approve Request for Appropriation Modification No. 203 - $1,890,000 transferring funds within the Parks and Recreation Department Acquisition Fund for the acquisition of Real Property from Whiskey Hill Partners LLC. (Roll Call Vote)
Transmittal PRK06 062409
Resolution to Purchase Real Property (County Property - Purchase-Lease-Sale)
Budget Appropriation Modification (F-85) (Appropriation Modification (F-85))
Property Map (Plat) (County Property - Purchase-Lease-Sale)

* 86.

Approve First Amendment to Agreement with Coyote Associates, LLC, relating to providing recreational services in Coyote Creek County Park for period June 20, 2006 through June 20, 2011 with a five-year option to extend.

Transmittal PRK07 062409
Attachment 1: 2006 Lease Agreement with Coyote Associates, LLC (Agreements and Amendments)
Attachment 2: First Amendment (Proposed) (Agreements and Amendments)

87.

Approve Agreement with the City of San Jose relating to providing recreational trail improvements on County property along Penitencia Creek for a 25-year term ending June 23, 2034 with a renewal option for an additional 25-year term.

Housing Land Use, Environment and Transportation Committee

considered item on June 18, 2009 and recommends approval.

Transmittal PRK05 062409
1981 Joint Use Agreement (Agreements and Amendments)
1987 Specific Plan Agreement - Second JUA (Agreements and Amendments)
1992 Third JUA (Agreements and Amendments)
2007 Joint Use Agreement (Agreements and Amendments)
2009 Agreement with City of San Jose (Agreements and Amendments)

Roads & Airports

* 88.

Consider recommendations relating to Agreement with DE Group for professional engineering services for the Almaden Expressway Improvement Project between Branham Lane and Blossom Hill Road.

Possible action:

  1. Approve Second Amendment to Agreement with DE Group relating to professional engineering services, increasing compensation by $136,000 from $550,000 to an amount not to exceed $686,000, extending the term from June 30, 2009 to December 31, 2010, and modifying the scope of work to include additional design services for the Almaden Expressway Improvement Project.

  2. Approve Request of Appropriation Modification No. 200 - $1,500,000 increasing revenue and expenditures in the Roads and Airports budget. (4/5 roll call vote)
Transmittal RA02 062409
Almaden Expressway VTA Funds (Appropriation Modification (F-85))
Original Agreement with DE Group (Agreements and Amendments)
First Amendment to Agreement with DE Group (Agreements and Amendments)
Second Amendment to Agreement with DE Group (Agreements and Amendments)

* 89.

Accept Report on Bids for construction under Job Order Contract (JOC) RAD-2009-01.

Possible action:

  1. Award contract to Rodan Builders, Inc., for the Award Criteria Figure of 1.0496 with a minimum contract amount of $50,000, a maximum contract amount of $1,000,000, and a maximum contract duration of one calendar year commencing on the 20th day following Notice of Award.

  2. Authorize the Director, Roads and Airports Department, or designee, to issue individual job orders and to approve change orders to job orders within the parameters specified in the contract.

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

  4. Approve delegation of authority to the Director, Roads and Airports Department, to approve and execute an Amendment to the JOC, increasing the maximum contract value by the sum of $500,000 and increasing the cumulative maximum contract value to $1,500,000, within the parameters specified in the Contract Documents, 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.
Transmittal RA03 062409

* 90.

Approve the Project, adopt plans and specifications, and authorize advertisement of Contract Documents for the Santa Teresa Boulevard and Fitzgerald Avenue Intersection Signalization Project.

Opening of Bids:

Thursday, July 23, 2009, at 2:00 p.m.,

in the Office of the Clerk of the Board of Supervisors.

Transmittal RA04 062409
Location Map (Construction Documents)
Notice to Bidders (Construction Documents)

* 91.

Accept Report on Bids for construction of Montague Expressway Pavement Rehabilitation Project (Phase 3), Federal Project No. ESPL-5937(132).

Possible action:

  1. Award contract to Granite Construction Company in the amount of $2,819,059 with a construction time of 50 working days.

  2. Approve Request of Appropriation Modification No. 201 - $3,054,000 increasing revenue and expenditures in the Roads and Airports budget. (4/5 Roll Call Vote)

  3. Authorize the Director, Roads and Airports Department, to issue change orders, as necessary, against the allowance for Supplemental Work and to approve modifications to the construction time.

  4. Ratify Addendum No. 1.
Transmittal RA05 062409
Montague Rehab Phase III Federal Stumulus (Appropriation Modification (F-85))
Location Map (Construction Documents)
Addendum No. 1 (Construction Documents)

* 92.

Accept Report on Bids for the 2009 Slurry Seal for County Roads at Various Locations.

Possible action:

  1. Award contract to Bond Blacktop in the amount of $256,100, which includes a supplemental work allowance (SWA) for adjustment to quantities and a construction time of 30 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.
Transmittal RA06 062409
Supplement to Report on Bids (Construction Documents)

* 93.

Approve delegation of authority to the Director, Roads and Airports Department, to execute Fourth Amendment to Agreement with Taber Consultants relating to providing professional geotechnical services, extending the term from June 30, 2009 through December 31, 2011 with no change to the maximum compensation amount, 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.

Transmittal RA07 062409
Taber Consultants (Agreement and Amendments) (Agreements and Amendments)

Facilities and Fleet

* 94.

Consider recommendations relating to the Alterations to New Vector Control Building Project (Project No. 263-CP07005).

Possible action:

  1. Approve the Project, adopt plans and specifications, and authorize advertisement of Contract Documents for the Alterations to New Vector Control Building Project (Project No. 263-CP07005).

  2. Find that a particular material, product, or service should be designated by a specific brand or trade name in order to match other products in use on the subject public improvement. The list of sole-source products is stated in the Notice to Bidders.

  3. Authorize Capital Programs to distribute the bid documents and any addenda for this project through the County's blueprint service vendor, Peninsula Digital Imaging.

Opening of Bids:

Thursday, August 6, 2009, at 2:00 p.m.,

in the Office of the Clerk of the Board of Supervisors.

Transmittal FAF01 062409
Notice to Bidders (Construction Documents)

* 95.

Accept Project as complete and authorize Clerk of the Board to execute Notice of Completion of Contract and Acceptance of Work on Contract No. 06-14, Probation Muriel Wright Center Water System Upgrades (Project 263-C033016). Contractor - Anderson Pacific Engineering Construction, Inc.

Transmittal FAF03 062409
Notice of Completion (Construction Documents)
Contractor's Release (Construction Documents)
Warranty/Guarantee (Construction Documents)

* 96.

Consider recommendations relating to the Junction Warehouse Improvements Project (Project No. 263-CP08018).

Possible action:

  1. Approve the Project, adopt plans and specifications, and authorize advertisement of Contract Documents for the Junction Warehouse Improvements Project (Project No. 263-CP08018).

  2. Find that a particular material, product, or service should be designated by a specific brand or trade name in order to match other products in use on the subject public improvement; the list of sole-source products is stated in the Notice to Bidders.

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

Opening of Bids:

Thursday, August 6, 2009, at 2:00 p.m.,

in the Office of the Clerk of the Board of Supervisors.

Transmittal FAF04 062409
Notice to Bidders (Construction Documents)

* 97.

Adopt Resolution delegating authority to the Director, Facilities and Fleet Department, or designee, to exempt minor modifications from competitive bidding, negotiate and enter into Agreement(s) for minor modifications, issue change orders to Agreement(s), and issue change orders and accept work upon completion of the Valley Health Centers Gilroy and Sunnyvale Projects. Delegation of authority shall expire on December 31, 2009. (Roll Call Vote)

Transmittal FAF05 062409
Delegation of Authority (Resolution)

* 98.

Consider recommendations relating to Elevator Modernization at Main Jail South and Juvenile Probation Project.

Possible action:

  1. Approve the Project, adopt plans and specifications, and authorize advertisement of Contract Documents for the Elevator Modernization at Main Jail South and Juvenile Probation project, (Project Nos. 263-BL04006 (Main Jail South) and 263-BL04007 (Juvenile Probation)).

  2. Find that a particular material, product, or service should be designated by specific brand or trade name in order to match other products in use on the subject public improvement; the list of sole-source products is stated in the Notice to Bidders.

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

Opening of Bids:

Thursday, August 6, 2009, at 2:00 p.m.,

in the Office of the Clerk of the Board of Supervisors.

Transmittal FAF06 062409
Notice to Bidders - Elevator Modernization (Construction Documents)

* 99.

Consider recommendations relating to Remodel East Valley Public Health Building, Project 263-CP09019.

Possible action:

  1. Approve Remodel East Valley Public Health Building, Project 263-CP09019.

  2. Approve Request for Appropriation Modification No. 205 - $325,000 transferring funds within the Facilities and Fleet Capital Programs Division budget for Remodel East Valley Public Health Building, Project 263-CP09019. (Roll Call Vote)
Transmittal FAF07 062409
Appropriation Modification (Appropriation Modification (F-85))

* 100.

Consider recommendations relating to the New Crime Laboratory Bid Package 2, Project 263-C033018.

Possible action:

  1. Accept Project as complete and authorize Clerk of the Board to execute Notice of Completion on Contract and Acceptance of Work for Contract No. 06-03, New Crime Lab, Bid Package 2. Contractor - S. J. Amoroso Construction Co., Inc. (Amoroso)

  2. Authorize the Director, Facilities and Fleet Department, to withhold sufficient funds from the release of retention to ensure completion of lighting control work and contract-related administrative submittals by Amoroso.
Transmittal FAF08 062409
Notice of Completion (Construction Documents)
Form of Warranty (Construction Documents)
Contractors Release (Construction Documents)

* 101.

Consider recommendations relating to Bay Area Electric Vehicle/Alternative Fuel Regional Project.

Possible action:

  1. Approve delegation of authority to the Director, Facilities and Fleet Department, or designee, to submit grant application to the Bay Area Air Quality Management District (BAAQMD) to accept grant funds and to negotiate, execute, and terminate any necessary contracts, amendments, annual renewals, or extensions, in an amount not to exceed $1,500,000 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 June 30, 2012.

  2. Ratify regional grant applications submitted to BAAQMD as part of a regional grant application for the following competitive grants: American Recovery and Reinvestment Act (ARRA) - Department of Energy, Clean Cities Area of Interest 4, DE-PS26-09NT01236-00, ARRA - California Energy Commission, 2009 Cost Share Alternative, and Renewable Fuel and Vehicle Technology Program, P09-08-010.
Transmittal FAF09 062409
Bay Area Electric Vehicle / Alternative Fuel Regional Project Competitive Grant Application (Grant Application)

* 102.

Accept Report on Bids for construction of Expand Elmwood Refrigeration, Project 263-CP08005.

Possible action:

  1. Award contract to Cold Storage Manufacturing, Inc., in the amount of $335,860 with a construction time of 200 calendar days.

  2. Approve encumbrance of additional $50,380 as supplemental work allowance (SWA) for a total encumbered amount of $386,240.

  3. Designate the Manager, Capital Programs Division, Facilities and Fleet Department, as the owner's authorized representative, with authority to issue change orders, as necessary, against the SWA and to approve modifications to the contract time.

  4. Ratify Addendum No. 1.
Transmittal FAF10 062409
Bid Tabulation Sheet (Construction Documents)
Contract Information Sheet (Construction Documents)
Addendum No. 1 (Construction Documents)

* 103.

Approve Second Amendment to Professional Services Agreement with Sherrill Engineering, Inc., relating to providing building commissioning and related professional services for various capital projects, increasing the maximum compensation limit (MCL) by $200,000 for a new MCL of $800,000.

Transmittal FAF11 062409
Second Amendment (Agreements and Amendments)

* 104.

Consider recommendations relating to the Morgan Hill Courthouse and Justice Agencies Building Project 263-C000050.

Possible action:

  1. Approve Request for Appropriation Modification No. 208 - $2,200,000 transferring funds within the Facilities and Fleet Department, Capital Programs Division budget. (Roll Call Vote)

  2. Approve Third Amendment to Legal Services Agreement with Murphy, Austin, Adams, Schoenfeld, LLP relating to providing specialized legal services for the Morgan Hill Courthouse and Justice Agencies Buildings Project, increasing compensation by $250,000 to an amount not to exceed $1,500,000 and extending the expiration date of the Agreement through December 31, 2009.
Transmittal FAF12 062409
F-85 #208 Transfer $2.2M to Morgan Hill Courthouse Project (Appropriation Modification (F-85))
Legal Services Amendment (Agreements and Amendments)

* 105.

Accept Report on Bids for Facilities and Fleet (FAF) Job Order Contracts (JOC) for certain types of public improvement projects.

Possible action:

  1. Award JOC-FAF-2009-01 to Nexgen Builders, Inc., for the Award Criteria Figure (ACF) of 1.0240, for a minimum contract amount of $50,000 and a maximum contract value of $4,000,000 as authorized by Public Contract Code Section 20128.5, with a maximum contract term of either 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-2009-02 to Torres Construction Corporation for the ACF of 1.0680, for a minimum contract amount of $50,000 and a maximum contract value of $4,000,000 as authorized by Public Contract Code Section 20128.5, with a maximum contract term of either 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. Award JOC-FAF-2009-03 to Staples Construction Inc., for the ACF of 1.0878, for a minimum contract amount of $50,000 and a maximum contract value of $4,000,000 as authorized by Public Contract Code Section 20128.5, with a maximum contract term of either 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.

  4. Authorize the Building Operations Manager to issue individual Job Orders of $100,000 or less within the parameters specified in the Contract Documents.

  5. Authorize the Director, Facilities and Fleet Department, to issue individual Job Orders of more than $100,000 within the parameters specified in the Contract Documents.

  6. Authorize the Director, Procurement Department, to accept individual Job Orders as complete and execute Notices of Completion.
Transmittal FAF13 062409
Job Order Contract Bid, JOC-FAF-2009-01, 02 & 03 (Miscellaneous)
Contract Information Sheet - Nexgen Builders (Miscellaneous)
Contract Information Sheet - Torres Construction (Miscellaneous)
Contract Information Sheet - Staples Construction (Miscellaneous)

Assessor

* 106.

Adopt Resolution revising the fee schedule in the Office of the Assessor, pursuant to Santa Clara County Ordinance Code Section A14 and Revenue and Taxation Code Section 409, for providing copies of the Assessor's records. (Roll Call Vote)

Transmittal ASR01 062409
Resolution (A - Multiple Recommendations)
Fee Schedule FY 2010 (A - Multiple Recommendations)

Central Fire Protection District

* 107.

Approve Request for Appropriation Modification No. 209 - $6,987,500 increasing revenue and expenditures in the Santa Clara County Central Fire Protection District budget relating to the Fire Services Contract with the Saratoga Fire District and various mutual aid deployments. (4/5 Roll Call Vote)

Transmittal FD01 062409
Budget Modifications for CFPD (Appropriation Modification (F-85))

Sanitation District

108.

Consider recommendations relating to County Sanitation District No. 2 -3.

Possible action:

  1. Accept Monthly Financial Report from County Sanitation District No. 2-3 for period ending May 31, 2009 and authorize payment of bills in an amount not to exceed $154,369.08.

  2. Adopt proposed Budget for County Sanitation District No. 2-3 for Fiscal Year (FY) 2009-2010 setting rates as outlined and directing the Manager-Engineer to prepare a list of sewer service charges for collection on the FY 2009-20010 Tax Roll.
Transmittal for Financial Report (Sanitation District 2-3)
Warrants Payable (Sanitation District 2-3)
Monthly Financial Report Part 1 (Sanitation District 2-3)
Monthly Financial Report Part 2 (Sanitation District 2-3)
Memo from Finance Agency (Sanitation District 2-3)
Transmittal for Proposed Budget (Sanitation District 2-3)
Proposed Budget (Sanitation District 2-3)

Final Adoption of Ordinances

* 109. Final Adoption of Salary Ordinance No. NS-5.09.90 amending Santa Clara County Salary Ordinance No. NS-5.09 relating to the compensation of employees adding 37 various funded, unclassified positions in the Social Services Agency for period July 1, 2009 through September 30, 2010. Positions shall expire on September 30, 2010. (Roll Call Vote)
Item 6 (4) (BOARD COMMITTEE)

* 110.

Final Adoption of Salary Ordinance No. NS-5.09.89 amending Santa Clara County Salary Ordinance No. NS-5.09 relating to the compensation of Sheriff Correctional Officers represented by the Santa Clara County Correctional Peace Officers' Association, and the unrepresented Correctional Officer Cadets, providing for a 3.36 percent wage increase effective June 1, 2009. (Roll Call Vote)

Memo from ESA Relating to Revised Salary Ordinance (Miscellaneous)
Revised Salary Ordinance Amendment NS-5.09.89 (Ordinances)

* 111.

Final Adoption of Salary Ordinance No. NS-5.09.91 amending Santa Clara County Salary Ordinance No. NS-5.09 relating to the compensation of employees deleting two vacant Legal Clerk or Legal Clerk Trainee positions and one vacant Legal Secretary II or Legal Secretary I position and adding three Senior Child Support Officer positions in the Department of Child Support Services. (Roll Call Vote)

Salary Ordinance Amendment No. NS-5.09.91 (Ordinances)

* 112.

Final Adoption of Ordinance No. NS-1100.107 modifying Chapter III of Division C3 of the County Ordinance Code relating to Green Building Regulations. (Roll Call Vote)

Attachment 1 - Ordinance (Ordinances)

* 113. Final Adoption of Ordinance No. NS-906 adding a new Chapter III to Division B10 of the Santa Clara County Code adopting local regulations applicable to holders of State video franchises issued by the California Public Utilities Commission, pursuant to the Digital Infrastructure and Video Competition Act of 2006, codified in California Public Utilities Code Section 5800 et seq. (Roll Call Vote)
Chapter III, Division B-10, County Ordinance Code (Ordinances)

Supplemental Item* 114.

Final Adoption of Salary Ordinance No. NS-5.09.93 amending Santa Clara County Ordinance No. NS-5.09, and Salary Ordinance No. NS-20.09.02 amending Santa Clara County Ordinance No. NS-20.09, implementing actions taken by the Board of Supervisors related to the County Executive's FY 2010 Recommended Budget. (Roll Call Vote)

Supp Info 1 - Memo from Employee Services Agency relating to Salary Ordinance Amendment (Miscellaneous)
Salary Ordinance No. NS-5.09.93 (Ordinances)
Supp Info 2 - Ordinance No. NS-20.09.02 (Ordinances)

Closing

115.

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

Adjourn in Memoriam



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