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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

Miguel Marquez
Acting County Counsel

Maria Marinos
Clerk of the Board
AGENDA
August 25, 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 Pastor Anita Warner, Advent Lutheran Church, Morgan Hill.

Transmittal BOS 082509 5 : Invocation for August 25, 2009 Board of Supervisors Meeting

.

Announce names of individuals in whose honor and memory today's meeting is dedicated: Thomas Edward Sullivan.

Transmittal D201-082409 : A DEDICATION IN HONOR AND MEMORY OF THOMAS EDWARD SULLIVAN

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 and Minutes of August 11, 2009.

August 11, 2009 Summary of Proceedings (Miscellaneous)

Social Services Agency

* 4.

Approve Request for Appropriation Modification No. 27 - $154,399.50 increasing revenue and expenditures in the Fiscal Year 2010 Social Services Agency budget to support the Differential Response Program. (4/5 Roll Call Vote)

Transmittal SSA01 082509
First 5 Appropriation Modification #027 (Appropriation Modification (F-85))

* 5.

Approve delegation of authority to the Director, Social Services Agency, or designee, to negotiate, execute, amend, and terminate Agreement with Vietnamese Voluntary Foundation (VIVO) relating to providing older refugee services, in an amount not to exceed $27,990 unless additional revenue is available, for period October 1, 2009 through September 30, 2010, with option for two additional one-year extensions, following approval from County Counsel as to form and legality, and approval by the Office of the County Executive.  Delegation of authority shall expire on September 30, 2012.

Transmittal SSA03 082509
Attachment A - FY 2009 - FY 2010 ORDG Project Description and Goal Plan (A - Multiple Recommendations)

Health & Hospital System

* 6.

Authorize submission of proposal to the California Department of Mental Health and California Housing Finance Agency to fund the Sobrato Gilroy Homeless Center Housing Project with an estimated $3,400,000 from the Santa Clara County share of the Mental Health Services Act Housing Program funds.

Transmittal HHS01 082509
SGHC Development Description (Miscellaneous)
MHSA Housing Program Table (Miscellaneous)

* 7.

Approve delegation of authority to the Director, Mental Health Department, or designee, to negotiate, execute, amend, and extend Memoranda of Understanding with housing project developers and community-based organizations relating to Mental Health Services Act Housing Program projects for period beginning upon execution of the Agreements through August 24, 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 August 24, 2012.

Transmittal HHS02 082509
MHSA Housing Program Table (Miscellaneous)

* 8.

Consider recommendations relating to implementation of the Mental Health Services Act (MHSA) in the Mental  Health Department.

Possible action:

  1. Introduction and preliminary adoption of Salary Ordinance No. NS-5.10.07 amending Santa Clara County Salary Ordinance No. NS-5.10 relating to the compensation of employees deleting one half-time Psychiatrist III-Mental Health position, one Psychiatric Technician II or Licensed Vocational Nurse or Psychiatric Technician I position, and one half-time Clinical Psychologist position and adding three Mental Health Program Specialist II or Mental Health Program Specialist I positions, one Office Specialist III position, and one Management Analyst or Associate Management Analyst B or Associate Management Analyst A position in the Mental Health Department. (Roll Call Vote to waive reading, Roll Call Vote to adopt)

  2. Approve Request for Appropriation Modification No. 26 - $207,081 increasing revenue and expenditures in the Mental Health Department budget, and $207,081 increasing receipts and disbursements in the MHSA trust fund budgets. (4/5 Roll Call Vote)
Transmittal HHS03 082509
F85 Appropriation Modification (Miscellaneous)
Ordinance No. NS-5.10.07 (A - Multiple Recommendations)

* 9.

Consider recommendations relating to two Justice Assistance Grant (JAG) project grants.

Possible action:

  1. Approve Request for Appropriation Modification No. 31 - $302,581 increasing revenue and expenditures in the Department of Alcohol and Drug Services budget, and $115,021 increasing receipts and disbursements in the Department of Alcohol and Drug Services (DADS) trust fund budget. (4/5 Roll Call Vote)
  2. Accept spending plans for the Recovery Act JAG funds ($187,560) and the Regular JAG 2009 funds ($115,021).

  3. Approve delegation of authority to the Director, DADS, or designee, to negotiate, execute, and amend terms and conditions, including funding amount, for Memoranda of Understanding with Superior Court relating to reimbursement for substance abuse treatment services which are being funded through Fiscal Year 2009 Recovery Act Edward Byrne Memorial JAG Program, in an amount not to exceed $187,560 for period September 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.

  4. Approve delegation of authority to the Director, DADS, or designee, to amend Agreement with Julius Fu, M.D., relating to providing psychiatric services, increasing the maximum financial obligation by $68,479 from $131,792, for a total of $200,271, 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.

  5. Approve delegation of authority to the DADS, or designee, to amend Agreement with Julius Fu, M.D., relating to providing psychiatric services to modify units or increase maximum financial obligation by an amount no greater than ten percent of the amended Service Agreement maximum, following approval by County Counsel as to form an legality, and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2010.
Transmittal HHS04 082509
Appropriation Modification No. 031 (Appropriation Modification (F-85))

* 10.

Consider recommendations relating to Substance Abuse Mental Health Services Administration (SAMHSA) Grant.

Possible action:

  1. Approve Request for Appropriation Modification No. 30 - $120,377 increasing revenue and expenditures in the Department of Alcohol and Drug Services (DADS) budget. (4/5 Roll Call Vote)

  2. Accept spending plan associated with extension allocation from SAMHSA to Santa Clara County Superior Court to fund services to be provided by DADS.

  3. Introduction and preliminary adoption of Salary Ordinance No. NS-5.10.03 amending Santa Clara County Salary Ordinance No. NS-5.10 relating to the compensation of employees revising Footnote 609 to change the date of deletion of one Marriage and Family Therapist II or Marriage and Family Therapist I or Psychiatric Social Worker II or Psychiatric Social Worker I position in DADS from September 29, 2009 to September 30, 2010. (Roll Call Vote to waive reading, Roll Call Vote to adopt)

  4. Approve delegation of authority to the Director, DADS, or designee, to negotiate and execute Memoranda of Understanding (MOU) with the Superior Court relating to drug court reimbursement for costs funded through the SAMHSA grant for period September 30, 2009 through September 29, 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 September 29, 2010.

  5. Approve delegation of authority to the Director, DADS, or designee, to amend said MOU increasing the maximum financial obligation in an amount not to exceed ten percent and amending terms of the MOU such as units of service rendered, rates per units of service, nature of services rendered, or any other provisions, 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, 2010.
Transmittal HHS05 082509
Budget Modification (F85) for SAMHSA Grant (Miscellaneous)
Salary Ordinance Amendment No. NS-5.10.03 (Ordinances)

11.

Ratify Grant Application submitted by Santa Clara Valley Medical Center, Ambulatory and Managed Care, to the Health Resources and Services Administration relating to grant funding for the Valley Homeless Healthcare Program Facilities Investment Project, in the amount of $2,643,343 for period November 1, 2009 to October 31, 2011.

Transmittal HHS06 082509
FIP Grant Application (Miscellaneous)

* 12.

Consider recommendations relating to The Health Trust grant award.

Possible action:

  1. Accept Letter of Award from The Health Trust relating to Santa Clara County Health Inequities Report Project, in the amount of $85,000, for period September 1, 2009 through February 28, 2011.

  2. Approve delegation of authority to the Public Health Administrator, or designee, to execute Agreement and Amendments to Agreement with The Health Trust relating to providing the Santa Clara County Health Inequities Report, in an amount not to exceed $85,000, for period September 1, 2009 through February 28, 2011, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on February 28, 2011.

  3. Approve Request for Appropriation Modification No. 19 - $40,000 increasing revenue and expenditures in the Public Health Department budget. (4/5 Roll Call Vote)
Transmittal HHS07 082509
HT Award Cover Sheet (Agreements and Amendments)
Appropriation Modification for Health Inequities Report (Appropriation Modification (F-85))

13.

Authorize payment of $85,090.31 to Pro-Sweep, Inc., relating to providing janitorial services at Valley Health Centers, Sunnyvale and Gilroy, for period October 1, 2008 through January 17, 2009.

Transmittal HHS08 082509
Pro Sweep Agreement (Miscellaneous)
Pro Sweep Amendment #1 (Miscellaneous)
Pro Sweep Amendment #2 (Miscellaneous)

* 14.

Adopt Resolution delegating authority to the Public Health Administrator, or designee, to negotiate and execute Contracts and Contract Amendments with various First Responder/Public Safety Agencies relating to the distribution of prophylaxis pharmaceuticals, for period September 1, 2009 through August 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 August 31, 2010. (Roll Call Vote)

Transmittal HHS09 082509
Resolution for Distribution of Prophylaxis Pharmaceuticals to First Responders (Resolution)

* 15.

Consider recommendations relating to the Women, Infants and Children (WIC) Program.

Possible action:

  1. Approve delegation of authority to the Public Health Administrator, or designee, to execute First Amendment to Agreement with California Department of Public Health relating to providing WIC Program services, increasing the maximum contract amount by $213,000 to $12,922,000 for period October 1, 2008 through September 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 September 30, 2011.

  2. Introduction and preliminary adoption of Salary Ordinance No. NS-5.10.06 amending Santa Clara County Salary Ordinance No. NS-5.10 relating to the compensation of employees adding one Health Services Representive position and one Public Health Nutrition Associate position in the Public Health Department. (Roll Call Vote to waive reading, Roll Call Vote to adopt)

  3. Approve Request for Appropriation Modification No. 020 - $369,750 increasing revenue and expenditures in the Public Health Department budget. (4/5 Roll Call Vote)
Transmittal HHS10 082509
First Amendment to CDPH WIC Agreement (Agreements and Amendments)
Executed agreement w/CDPH for WIC FYs 2009-2011 (Agreements and Amendments)
First Amendment WIC appropriation modification (Appropriation Modification (F-85))
Salary Ordinance Amendment No. NS-5.10.06 (Ordinances)

* 16.

Adopt Resolution supporting Santa Clara Valley Medical Center Trauma Center and its mission, leaders, and participants in their continued efforts to provide outstanding care to trauma patients, to provide education to the community at large regarding prevention of trauma, and to provide education to the medical and nursing communities regarding the treatment of trauma patients. (Roll Call Vote)

Transmittal HHS11 082509
Resolution Supporting Trauma Center (Resolution)

* 17.

Introduction and preliminary adoption of Salary Ordinance No. NS-5.10.14 amending Santa Clara County Salary Ordinance No. NS-5.10 relating to the compensation of employees adding six Revenue Control Analyst positions in the Santa Clara Valley Medical Center. (Roll Call Vote to waive reading, Roll Call Vote to adopt)

Transmittal HHS13 082509
Salary Ordinance Amendment No. NS-5.10.14 (Ordinances)

Supplemental Item18.

Held from June 24, 2009 (Item No. 16c-1): Recognize $609,469 in new ongoing Fiscal Year (FY) 2010 Mental Health Services Act (MHSA) revenue and expenses, which in combination with the $391,000 one-time County general funds approved by the Board for FY 2010, yields a total of $1,000,469 to be utilized for contract services for uninsured children to be developed in collaboration with contract providers.

Request from Administration that item be held.

Supp Info 1 - Hold Memo (Miscellaneous)

19.

Under advisement from August 11, 2009 (Item No. 8): Consider recommendations relating to provision of diagnostic imaging services.

Possible action:

  1. Accept report relating to providing Positron Emission Tomography/Computed Tomography (PET/CT) Services.

  2. Approve delegation of authority to the Executive Director, Santa Clara Valley Medical Center, Hospital and Ancillary Services, or designee, to negotiate, execute, amend, terminate, and take any and all necessary or advisable actions relating to Agreement with Alliance Imaging, Inc., relating to providing mobile PET/CT services in an amount not to exceed $1,200,000 for period August 11, 2009 through February 13, 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 13, 2011.
Transmittal HHS14 082509
CMS PET (Miscellaneous)
NCCN Practice Guidelines (Miscellaneous)
August 11, 2009 transmittal (Miscellaneous)

Employee Services Agency

20.

Consider recommendations relating to the Department of Correction (DOC).

Possible action:

  1. Introduction and preliminary adoption of Salary Ordinance No. NS-5.10.10 amending Salary Ordinance No. NS-5.10 relating to the compensation of employees deleting four Custody Support Assistant (CSA) positions from the DOC, adding four Sheriff Correctional Officer positions in the Office of the Sheriff - DOC Contract, and adding Footnote No. 189 creating a five percent differential for specified CSA positions, and requiring a Class B California Driver's License for CSA positions in the DOC, Support Services Division, Program Unit. (Roll Call Vote to waive reading, Roll Call Vote to adopt)

  2. Approve Request for Appropriation Modification No. 36 - $164,271 transferring funds from the General Fund Contingency Reserve to the Department of Correction budget. (4/5 Roll Call Vote)
Transmittal ESA01 082509
Salary Ordinance NS-5.10.10 (Ordinances)
Appropriation Modification No. 036 (Appropriation Modification (F-85))

* 21.

Introduction and preliminary adoption of Salary Ordinance No. NS-5.10.08 amending Salary Ordinance No. NS-5.10 relating to the compensation of employees providing for a two percent general wage increase and 0.833 percent realignment for all classifications represented by the Deputy Sheriffs' Association (DSA) and the District Attorney Investigators' Association (DAIA); classifications of Correctional Lieutenant and Sheriff Correctional Sergeant represented by the Correctional Peace Officers' Association (CPOA); specified classifications represented by Service Employees' Internation Union (SEIU) Local 521, Administrative, Professional, and Technical Unit; and, unrepresented classifications of Deputy Sheriff Cadet, Deputy Sheriff -Special Duty Officer, Reserve Deputy Sheriff, and Reserve Sergeant. (Roll Call Vote to waive reading, Roll Call Vote to adopt)

Transmittal ESA02 082509
Salary Ordinance Amendment NS-5.10.08 (Ordinances)
Attachment A (Ordinances)

* 22.

Consider recommendations relating to the Parks and Recreation Department.

Possible action:

  1. Approve new job specification for the classification of Parks Outdoor Recreation Coordinator.

  2. Introduction and preliminary adoption of Salary Ordinance No. NS-5.10.13 amending Santa Clara County Salary Ordinance No. NS-5.10 relating to the compensation of employees adding the classification and salary range for the Parks Outdoor Recreation Coordinator to the salary schedule, deleting one Administrative Assistant position, and adding one Parks Outdoor Recreation Coordinator position in the Parks and Recreation Department. (Roll Call Vote to waive reading, Roll Call Vote to adopt)
Transmittal ESA03 082509
Parks Outdoor Recreation Coordinator Job Specification (Personnel Recommendations)
Salary Ordinance No. NS-5.10.13 (Ordinances)

* 23.

Under advisement from June 24, 2009 (Item No. 28): Introduction and preliminary adoption of Salary Ordinance No. NS-5.10.15 amending Salary Ordinance No. NS-5.10 adding one four-fifths-time Marriage and Family Therapist II or Marriage and Family Therapist I or Psychiatric Social Worker I position in the Mental Health Department. (Roll Call Vote to waive reading, Roll Call Vote to adopt)

Transmittal ESA05 082509
Salary Ordinance NS-5.10.15 (Ordinances)

Board of Supervisors

* 24.

Announce travel for members of the Board of Supervisors and other elected officials.


* 25.

Accept reports from members of the Board of Supervisors relating to meetings attended through August 19, 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.

Refer to the Administration and County Counsel a request to amend Board Policy to include a prohibition of the solicitation of Supervisors for monetary sponsorships of County-presented events. (Yeager)

Transmittal BOS4-082509-01 : Prohibition of Solicitation of Supervisors for Monetary Sponsorships of County-presented Events

Supplemental Item27.

Adopt Resolution supporting the effort to name a peak near Los Gatos after Victor Collard. (Roll Call Vote) (Gage)

Transmittal BOS 082509 4
Supp. Info. 1 - Draft Resolution (Resolution)

28.

Consider recommendations relating to the appointment of the County Executive and Acting County Counsel.

Possible action:

  1. Introduction and preliminary adoption of Salary Ordinance No. NS-20.09.03 amending Executive Management Salary Ordinance No. NS-20.09 relating to the compensation of employees adjusting the flat rate salary for the classifications of County Executive and County Counsel. (Roll Call Vote to waive reading, Roll Call Vote to adopt).

  2. Authorize the President to execute Employment Contract with Dr. Jeffrey V. Smith for the position of County Executive.
Transmittal ESA04 082509
Employment Contract (Agreements and Amendments)
Ordinance NS-20.09.03 (A - Multiple Recommendations)

* 29.

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


Supplemental Item30.

Accept report from Public Safety and Justice Committee relating to meeting of August 6, 2009. (Shirakawa)

Possible action:

  1. Adopt Resolution authorizing Juvenile Rehabilitation Facilities (JRF) funds to be used for increased program services for the care and benefit of the wards and to help defray costs associated with staffing the vocational training courses provided in the JRF Enterprise Program, authorizing payment of compensation for wards in the Ranch Aftercare Program participating in the new JRF Apprenticeship Work-Study Program, and delegating authority to the Chief Probation Officer, or designee, to negotiate, execute, amend, and terminate Agreements with other entities for services provided by wards through the Ranch Enterprise Program, 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)

  2. Accept Committee agenda items 5 - 9, 11, and 12 as Board information only
Supp. Info 1 - Transmittal (Miscellaneous)
Supp. Info 1a - PSJC Transmittal (Miscellaneous)
Supp. Info 1b - Statement of Financial Condition (Miscellaneous)
Supp. Info 1c - Projected FY 2009-2010 Statement of Financial Condition (Miscellaneous)
Supp. Info 1d - Resolution (Resolution)

Supplemental Item31.

Accept report from Health and Hospital Committee. (Kniss)

Supp Info 1 - Transmittal (Miscellaneous)
Supp Info 1a - August 19, 2009 Health and Hospital Committee Agenda (Miscellaneous)
Supp Info 1b - Report from DADS on Adult System of Care Contract Re-Bid (Miscellaneous)
Supp Info 1c - DADS - Adult Services Static Capacity (Miscellaneous)
Supp Info 1d - SCVHHS April 2009 General Fund Report (Miscellaneous)
Supp Info 1e - SCVHHS April 2009 Enterprise Fund Report (Miscellaneous)
Supp Info 1f - SCVHHS May 2009 General Fund Report (Miscellaneous)
Supp Info 1g - SCVHHS May 2009 Enterprise Fund Report (Miscellaneous)

* 32.

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


* 33.

There is no report from Legislative Committee. (Kniss)


* 34.

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


35.

Accept reports from Board Delegates to the Santa Clara Valley Transportation Authority (VTA) on meetings of July 16, and August 6, 2009. (Gage, Kniss)

Transmittal BOS-D5-082509-04 : Valley Transportation Authority Report
Transmittal BOS 082509 6 : Report on the Santa Clara Valley Transportation Authority meeting of Aug. 6.

* 36.

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


* 37.

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


38.

Accept report from Board Delegates to the Bay Area Air Quality Management District on meeting of August 5, 2009. (Kniss, Yeager)

Transmittal BOS-D5-082509-05 : Bay Area Air Quality Management District Report

County Executive

39.

Accept report from Acting County Executive.


40.

Under advisement from August 11, 2009 (Item No. 42-c): Accept report relating to State Budget Reductions.

Transmittal CE04 082509 : Update on FY 2010 Budget Re-balancing Options
Possible Tiers Related to State Budget Reductions (A - Multiple Recommendations)
Impact of State Budget with Blue Pencil/Uncertain Information Sorted (Miscellaneous)
Copy of Memo requesting Impact of State Reductions (Miscellaneous)
State Dept. of Corrections and Rehabilitation Proposals (A - Multiple Recommendations)

41.

Held from August 11, 2009 (Item No. 38): Consider recommendations relating to Memorandum of Understanding (MOU) with Arts Council Silicon Valley.

Possible action:

  1. Accept staff report.

  2. Approve MOU with Arts Council Silicon Valley relating to providing Fiscal Year 2009-2010 funding for the promotion of arts and culture in Santa Clara County, in the amount of $325,000 for period ending June 30, 2010.
Transmittal CE01 082509
MOU with ACSV (Miscellaneous)
Exhibit A - Scope of Work (Miscellaneous)

42.

Consider recommendations relating to Final Grand Jury Report relating to the working relationship between the Department of Correction (DOC) and the Facilities and Fleet Department (FAF).

Possible action:

  1. Adopt response from Administration to Final Grand Jury Report relating to the working relationship between the DOC and the FAF.

AND

  1. Authorize Chairperson and Clerk of the Board of Supervisors to forward department response to Grand Jury report to the Presiding Judge of the Superior Court with approval that responses constitute the response of the Board of Supervisors, consistent with provisions of California Penal Section 933 (c).

OR

  1. Adopt a separate or amended response to the Final Grand Jury Report relating to the working relationship between the Department of Correction and the Facilities and Fleet Department, and authorize Chairperson and Clerk of the Board to forward response to the Presiding Judge of the Superior Court.
Transmittal CE02 082509
Civil Grand Jury Final Report (Miscellaneous)
County Executive Response (Miscellaneous)
Department of Correction Response (Miscellaneous)
Facilities and Fleet Department Response (Miscellaneous)

43.

Consider recommendations relating to the Second Administrative Draft of the Santa Clara Valley Habitat Plan.

 

Possible action:

  1. Accept status report on the preparation of the Second Administrative Draft of the Valley Habitat Plan, and provide direction and overall responses on the major components of the Plan.

  2. Affirm support for continued preparation of the Valley Habitat Plan including incorporation of the emerging Land and Stream Conservation Strategy and the use of a Joint Powers Authority to implement the Plan.

  3. Support recommended refinements to the Valley Habitat Plan to reduce the fee burden assigned to most rural property owners and streamline the permitting and conditioning process applied to future projects covered under the Valley Habitat Plan.

  4. Approve scheduling a workshop at a future Housing, Land Use, Environment, and Transportation Committee meeting to further study the Valley Habitat Plan’s key policy areas and to better understand the benefits and costs of the Valley Habitat Plan to the County and property owners in our jurisdiction.
Transmittal CE03 082509
Attachment 1 - Summary of Key Policy Areas (Miscellaneous)
Attachment 2 - Example of Proposed Development Fee Calculation (Miscellaneous)
Attachment 3 - Map of Riparian Setback Areas (Miscellaneous)
Attachment 4 - Case Studies of Development Fees (Miscellaneous)

County Counsel

44.

Accept report from Acting County Counsel on legal issues.


Boards & Commissions

* 45.

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

Supervisor Gage (District 1):

Appointee Name

Board/Commission Name

  John Gibbs Parks and Recreation Commission

Supervisor Shirakawa (District 2):

Appointee Name

Board/Commission Name

  Garry Dennis McLeod National Guard and
    Veterans Affairs Commission
Transmittal BOS 082509 3 : Appointment to the Parks and Recreation Commission
Transmittal BOS2-082509-2 : BOARDS AND COMISSIONS INDIVIDUAL APPOINTMENT

* 46.

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

Appointee Name

Recommended By

Board/Commission

  Debra Thompson Yeager HIV Health Services
      Planning Council
Transmittal BOS4-082509-02 : Board As-A-Whole Appointment

* 47.

Consider recommendations relating to funding request for California Department of Fish and Game (DFG) K-9 Program.

Possible action:

  1. Approve Request for Appropriation Modification No. 38 - $5,000 recognizing funds from the Fish and Game Commission expenditure account for sponsorship of canine Buck relating to the DFG K-9 Program. (Roll Call Vote)

  2. Approve request from the Fish and Game Commission to send letters to the Boards of Supervisors of the Counties of San Mateo, San Benito, Monterey, and Santa Cruz requesting support for the K-9 Program.
Transmittal BC02-082509
funding request (Miscellaneous)
funding request itemized (Miscellaneous)
CalTIP K-9 program fundraising letter (Miscellaneous)
K-9 program PowerPoint presentation (Miscellaneous)
F-85 (Miscellaneous)
draft letter to County of San Mateo (Miscellaneous)
draft letter to County San Benito (Miscellaneous)
draft letter to County of Monterey (Miscellaneous)
draft letter to County Santa Cruz (Miscellaneous)

* 48.

Approve Request for Appropriation Modification No. 37 - $5,000 recognizing funds from the Fish and Game Commission expenditure account for purchase of security cameras and lighting retrofit for the Youth Science Institute (YSI) Aviary and Science and Nature Center located in Alum Rock City Park. (Roll Call Vote)

Transmittal BC03-082509
YSI funding proposal (Miscellaneous)
F-85 (Miscellaneous)

49.

Approve recommendations relating to resignations from Boards and Commissions.

  1. Accept resignation of Anson Ray Otani from the HIV Health Services Planning Council for a two-year term expiring December 31, 2009. Appointee shall be a member of the affected community and a non-aligned consumer. Position is allocated to District 2. 

  2. Accept resignation of Jennifer Reding from the Animal Advisory Commission for a three-year term expiring June 30, 2011. Appointee shall be a representative of Santa Clara Valley Veterinary Medical Association. Position is rotating and remains with District 3 until term expiration.

  3. Accept resignation of Alfred Issaco from the Council on Equal Employment Opportunities for a four-year term expiring June 30, 2010. Appointee shall be a representative of Local 521. Position is rotating and remains with District 5 until term expiration.

  4. Accept resignation of Leonard Robins from the Senior Care Commission for a three-year term expiring June 30, 2010. Appointee shall be a senior citizen who represents the public-at-large. Position is allocated to District 5.

  5. Accept resignation of Kris Wang from the Parks and Recreation Commission for a four-year term expiring June 30, 2011. Appointee shall represent the public-at-large. Position is allocated to District 5.
Transmittal BC04-082509

Law & Justice

* 50.

Introduction and preliminary adoption of Salary Ordinance No. NS-5.10.11 amending Santa Clara County Salary Ordinance No. NS-5.10 relating to the compensation of employees deleting one Night Attendant position and adding one Senior Group Counselor or Group Counselor II or Group Counselor I position in the Probation Department. (Roll Call Vote to waive reading, Roll Call Vote to adopt)

Transmittal PRO01 082509
Salary Ordinance No. NS-5.10.11 (Ordinances)

51.

Consider recommendations relating to Boating Safety and Enforcement Equipment Grant.

Possible action:

  1. Accept Boating Safety and Enforcement Equipment Program Grant from the California Department of Boating and Waterways in the amount of $22,150.

  2. 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 the Boating Safety and Enforcement Equipment Program Grant in an amount not to exceed $22,150 for period August 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.

  3. Approve Request for Appropriation Modification No. 29 - $22,150 increasing revenue and expenditures in the Office of the Sheriff budget. (4/5 Roll Call Vote)
Transmittal SO01 082509
Attachment A (Appropriation Modification (F-85))

* 52.

Consider recommendations relating to California Multi-Jurisdictional Methamphetamine Enforcement (Cal-MMET) Program Grant.

Possible action:

  1. Accept grant from the State of California Emergency Management Administration in the amount of $477,916 for the Cal-MMET Teams Program.

  2. Approve Request for Appropriation Modification No. 34 - $477,916 increasing revenue and expenditures in the Office of the Sheriff budget. (4/5 Roll Call Vote)

Transmittal SO02 082509
Attachment A (A - Multiple Recommendations)

* 53.

Consider recommendations relating to Sexual Assault Felony Enforcement (SAFE) Team Program Grant.

Possible action:

  1. Accept grant from the State of California Emergency Management Agency in the amount of $1,020,145 for the SAFE Team Program.

  2. Approve Request for Appropriation Modification No. 33 - $1,020,145 increasing revenue and expenditures in the Office of the Sheriff budget. (4/5 Roll Call Vote)
Transmittal SO03 082509
Attachment A (A - Multiple Recommendations)

Finance Agency

* 54.

Approve Request for Appropriation Modification No. 32 - $913,622.93 transferring funds within the Office of the Clerk-Recorder budget relating to expenditures posted to the Recorder's Document Storage Fund and new one-time expenditures identified in the Recorder's Modernization Fund and in the Recorder's Electronic Recording Fund. (Roll Call Vote)

Transmittal F01 082509
FY10 Transfers BU114 (Appropriation Modification (F-85))

Supplemental Item55.

Accept and authorize filing of Detailed Investment Portfolio Listing for period ending June 30, 2009.

Transmittal F02 082509
Investment Review and Strategy (Finance)
Attachment A: Commingled Pool and Segregated Investments (Finance)
Attachment B: Asset Allocation and Maturity Distribution (Finance)
Attachment C1: Retiree Health Fund Detail (Finance)
Attachment C2: Retiree Health Fund Performance (Finance)
Attachment D: Performance Graph (Finance)
Investment Portfolio Holdings (Finance)
Investment Purchases Report (Finance)
Supp. Info 1 - Independent Auditors' Report for Cash and Investments (Miscellaneous)

* 56.

Adopt Resolution levying property tax per Revenue and Taxation Code Section 93, and adopting tax rates or assessments authorized by Revenue and Taxation Code Sections 93(a) and 100(b) for the County of Santa Clara and for various jurisdictions within the County for Fiscal Year 2009-2010. (Roll Call Vote)

Transmittal F03 082509
Rate Resolution FY2009-10_Board.pdf (Resolution)

* 57.

Consider recommendations relating to the sale of tax-defaulted properties.

Possible action:

  1. Approve Agreement with Midpeninsula Regional Open Space District (MPROSD) relating to purchase of four Hacienda Park parcels located in San Jose, in the amount of $6,650.

  2. Approve Agreement with MPROSD relating to purchase of Assessors' Parcel Number 562-09-018 located in Los Gatos, in the amount of $7,100.
Transmittal F05 082509
Hacienda Park Sales Agreement (Agreements and Amendments)
APN 562-09-018 Sales Agreement (Agreements and Amendments)

* 58.

Ratify Agreement with Campbell Union High School District relating to parcel tax levies.

Transmittal F06 082509
Agreement Relating to Campbell Union High School District Parcel Tax Levies (Agreements and Amendments)

1:30 p.m. Time Certain

Supplemental Item* 59.

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

  1. Adopt Resolution proclaiming August 26, 2009 as "Women's Equality Day" and inviting the citizens of Santa Clara County to the Women's Equality Day Reception. (Commission on the Status of Women)

  2. Adopt Resolution recognizing Dr. Patricia Morrissey, Dr. Carolyn Compton, and the Morrissey/Compton Educational Center for their contributions to the educational well being of Santa Clara County youth served by the Juvenile Justice and Child Welfare Systems. (Social Services Agency)

  3. Adopt Resolution recognizing the Honorable Judge Read Ambler for his contributions to the educational well being of Santa Clara County youth served by the Juvenile Justice and Child Welfare Systems. (Social Services Agency)

  4. Adopt and present Resolution commending Helen Bonino as she celebrates her 100th birthday. (Gage)

  5. Adopt Resolution commending Manny Barbara for 36 years of exemplary service to the Oak Grove School District. (Gage)

  6. Adopt Resolution commending Karen Saunders for her commitment to and accomplishments in public service for over 30 years. (Yeager)

  7. Ratify Resolution, presented on August 9, 2009, commending Sister Anne Locke in honor of her Golden Jubilee in the Order of the Sisters of Notre Dame de Namur and for her tremendous dedication and service to young people and those in need in Santa Clara County and beyond. (Cortese)

  8. Ratify Resolution, presented on August 14, 2009, proclaiming August 15, 2009 as "India Independence Day" in Santa Clara County. (Cortese)

  9. Adopt and present Resolution commending Ted Brown for his service to the Santa Clara County Roads Commission. (Kniss)

  10. Adopt Resolution proclaiming the week of September 13-19, 2009 as "Childhood Cancer Awareness Week" in Santa Clara County. (Kniss)

  11. Adopt and present Resolution proclaiming a committed partnership with the United States Census Bureau to help ensure a full and accurate count in Santa Clara County in 2010. (Kniss)

  12. Adopt Resolution commending Hugh O'Brian for his founding and continued leadership of Hugh O'Brian Youth Leadership (HOBY) which has been inspiring and developing youth and volunteers to a life dedicated to leadership, service, and innovation for more than 50 years. (Cortese)

  13. Adopt Resolution recognizing and commending the 29th Annual Italian Family Festa as a valuable and vibrant event commemorating and promoting the rich Italian-American Heritage in Santa Clara County. (Cortese)

  14. Adopt and present Resolutions commending Rocky Cao, Albert Jong, and Alvin Jong for representing the United States Taekwondo Team while competing at the World Championships; and, commending Team-M for preparing many great Taekwondo elite athletes in Santa Clara County and representing the United States Taekwondo Team while competing at the World Championships. (Cortese)
Transmittal SSA04 082509 : Resolution Recognizing Dr. Patricia Morrissey, Dr. Carolyn Compton, and the Morrissey/Compton Educational Center, Inc.
Resolution Recognizing Dr. Patricia Morrissey, Dr. Carolyn Compton, and the Morrissey/Compton Educational Center, Inc. (Resolution)
Transmittal SSA05 082509 : Resolution Recognizing the Honorable Judge Read Ambler
Resolution Recognizing Honorable Judge Read Ambler (Resolution)
Transmittal BOS 082509 1 : Adopt and present resolution commending Helen Bonino as she celebrates her 100th birthday.
Transmittal BOS 08250902 : Adopt resolution commending Manny Barbara for his 36 years of exemplary service to the Oak Grove School District.
Transmittal BOS4-082509-03 : Resolution commending Karen Saunders
Transmittal BC01-082509 : Resolution Proclaiming August 26, 2009 as "Women's Equality Day" in Santa Clara County
Resolution (Resolution)
event flier (Miscellaneous)
Resolution Manny Barbara (Resolution)
Transmittal BOSD304 082509 : Ratify Resolution Commending Sister Anne Locke
Resolution for Sister Anne Locke (Resolution)
Transmittal BOSD303 082509 : Ratify Resolution Proclaiming August 15, 2009 as India Independence Day
Proclamation for India's Indepence Day (Resolution)
Transmittal BOSD5-082509-02 : Adopt and Present Resolution for Ted Brown.
Ted Brown Reso (Resolution)
Transmittal BOSD5-082509-01 : Adopt Resolution Proclaiming Childhood Cancer Awareness Week
Proc Childhood Cancer Awareness (Resolution)
Transmittal BOSD5-082509-03 : Adopt and Present Resolution Proclaiming a Committed Partnership With the U.S. Census Bureau.
US Census Bureau (Resolution)
Transmittal BOSD306 082509 : Adopt and present resolution commending Albert Jong
Resolution for Albert Jong (Resolution)
Transmittal BOSD302 082509 : Adopt Resolution commending Hugh O'Brian
Resolution for Hugh O'Brian (Resolution)
Transmittal BOSD307 082509 : Adopt and present resolution commending Alvin Jong
Resolution for Alvin Jong (Resolution)
Transmittal BOSD305 082509 : Adopt and present resolution commending Team-M
Resolution for Team-m (Resolution)
Transmittal BOSD309 082509 : Adopt resolution commending the 29th Annual Italian Family Festa
Resolution for 29th Annual Italian Family Festa (Resolution)
Transmittal BOSD308 082509 : Adopt and present resolution commending Rocky Cao
Resolution for Rocky Cao (Resolution)
Supp. Info 1 - Resolutions for Bonino and Saunders (Resolution)

2:00 p.m. Hearing

60.

Hearing to consider Resolution relating to the Countywide Nondisposal Facility Element (NDFE).

Possible action:

  1. Open public hearing and receive testimony.

  2. Close public hearing.

  3. Adopt Resolution adopting the Seventh Amendment to the NDFE. (Roll Call Vote)
Transmittal AEM01 082509
Resolution (Resolution)
LTF Comment Letter (Miscellaneous)
7th Amendment to the Countywide NDFE (Miscellaneous)
Publication Order (Miscellaneous)

61.

Hearing to consider Resolution approving proposed issuance of bonds by the California Municipal Finance Authority relating to the financing or refinancing the costs of acquisition, construction, and improvement of facilities for the Diocese of San Jose and authorizing the execution of a Joint Exercise of Powers Agreement.

Possible action:

  1. Open public hearing and receive testimony.

  2. Close public hearing.

  3. Adopt Resolution authorizing issuance and sale of bonds by the California Municipal Finance Authority, in an aggregate principal amount not to exceed $20,000,000 for the costs of financing or refinancing the acquisition, construction, and improvement of facilities for the Diocese of San Jose and authorizing the execution of a Joint Exercise of Powers Agreement by the Director, Finance Agency. (Roll Call Vote)
Transmittal F07 082509
Resolution for Diocese of San Jose Financing (Resolution)
Hearing Notice (A - Multiple Recommendations)
Joint Exercise of Powers Agreement (Miscellaneous)

2:00 p.m. Land Use Hearing

62.

Hearing to consider request for proposed tentative map for two-lot subdivision of property located at 605 Joandra Court in unincorporated Los Altos. Property of Donald and Patricia Wright. (File No. 9941-15-71-09S) (Supervisorial District 5)

Possible action:

  1. Open public hearing and receive testimony.

  2. Close public hearing.

  3. Adopt Resolution approving tentative map for a two-lot subdivision located at 605 Joandra Court in unincorporated Los Altos. (Roll Call Vote)
  4. OR

  5. Deny request for tentative map and refer to County Counsel for preparation of findings.
Transmittal PLN01 082509
Resolution with Exhibits (Land Use)

Department of Planning and Development Services

63.

Under advisement from June 24, 2009 (Item No. 26): Adopt Resolution endorsing Standard Plan A: Residential Seismic Strengthening Plan - 2008. (Roll Call Vote)

Transmittal PLN02 082509
Resolution (Resolution)

* 64.

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. Approve revised Regional Storm Water Management Plan (SWMP).

  3. Authorize staff to submit SWMP to the Central Coast Regional Water Quality Control Board, in application for a NPDES Storm Water Phase II Permit for the South County area.
Transmittal PLN03 082509
South County National Pollutant Discharge Elimination System Permit (PLN01 021009) (Miscellaneous)
Revised Regional Storm Water Management Plan (Miscellaneous)

Parks and Recreation Department

65.

Under advisement from June 9, 2009 (Item No. 31): Accept report relating to the process by which the Parks and Recreation Department will update its Acquisition Plan.

Transmittal PRK01 082509

Department of Agriculture and Environmental Management

66.

Under advisement from April 7, 2009 (Item No. 38): Accept report relating to update on implementation of a Defensible Space Fire Prevention Pilot Program.

Transmittal AEM02 082509
Attachment 1 - Balloting Process Timeline (Miscellaneous)
Attachment 2 - Defensible Space Fire Prevention Program Pilot Area - Lexington Basin (Miscellaneous)

Facilities and Fleet

* 67.

Approve Request for Appropriation Modification No. 22 - $50,000 increasing revenue and offsetting appropriations in the Facilities and Fleet Department Budget to fund the purchase of new and replacement food service equipment for the County Government Center, West Julian Campus, Charcot Campus, and Berger Service Center Cafeterias. (4/5 Roll Call Vote)

Transmittal FAF01 082509
F-85 #022 FY 10 Cafeteria Fund $50K Transfer (Appropriation Modification (F-85))

* 68.

Approve First Amendment to Agreement with the State of California, State Lands Commission, relating to removal of the Sea Scout Building from State Land covered by the Lease PRC 4598.9.

Transmittal FAF02 082509
1st Amendment to Lease (Agreements and Amendments)
Original Lease Agreement (Agreements and Amendments)

* 69.

Accept Project as complete and authorize the Clerk of the Board to execute Notice of Completion of Contract and Acceptance of Work on Contract No. 08-25, Secured Judicial Parking - Downtown Superior Courts and Hall of Justice, Project No. 263-CP09015. Contractor - Robert A. Bothman, Inc.

Transmittal FAF03 082509
Notice of Completion (Construction Documents)
Contractor's Release (Construction Documents)
Warranty (Construction Documents)

* 70.

Adopt Resolution delegating authority to the Director, Facilities and Fleet Department, to execute and amend all necessary permits and Agreements required by utility providers and other authorities, for the Elmwood East Gate Entrance and Access Road Project, Elmwood Emergency Water Supply Project, and Malech Road Water Supply Project, 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)

Transmittal FAF04 082509
Board Resolution (Resolution)

* 71.

Accept Project as complete and authorize the Clerk of the Board to execute Notice of Completion of Contract and Acceptance of Work on Project No. 263-CP06009, Procure/Install Temporary Modulars at William F. James Ranch. Contractor - Robert A. Bothman, Inc.

Transmittal FAF05 082509
Contractor's release (Construction Documents)
Warranty/Guarantee (Construction Documents)
Notice of completion and acceptance of work (Construction Documents)

Sanitation District

72.

Accept Monthly Financial Report from County Sanitation District No. 2-3 for period ending August 2009, and authorize payment of bills in an amount not to exceed $84,363.76.

Finance Agency Cover Memo (Miscellaneous)
Sanitation District Transmittal (Miscellaneous)
Warrants Payable (Miscellaneous)
Monthly Finance Report (Miscellaneous)

Supplemental Item73.

Approve change in the useful life of County Sanitation District 2-3 fixed assets to properly calculate depreciation for inclusion in the County Sanitation District 2-3 financial statements.

Transmittal (Miscellaneous)
Supp. Info 1 - Memo to Delete (Sanitation District 2-3)

Final Adoption of Ordinances

* 74.

Final Adoption of Ordinance No. NS-1100.108 amending selected provisions of Chapter III (Green Building Regulations) of Division C3 of the County of Santa Clara Ordinance Code relating to changing the effective date of mandatory green building requirements for single family residences to January 1, 2010. (Roll Call Vote)

Attachment 1 - Ordinance (Ordinances)

* 75.

Final Adoption of Master Salary Ordinance No. NS-5.10 for Fiscal Year 2010. (Roll Call Vote)

Master Salary Ordinance FY10 (Ordinances)

* 76.

Final Adoption of Salary Ordinance No. NS-5.10.01 amending Salary Ordinance No. NS-5.10 relating to the compensation of employees deleting one Executive Assistant I or Administrative Assistant position and adding one Executive Assistant II or Executive Assistant I position in the Information Services Department, and deleting one Executive Assistant I or Administrative Assistant position and adding one Executive Assistant II or Executive Assistant I position in the Facilities and Fleet Department. (Roll Call Vote)

Salary Ordinance No. NS-5.10.01 (Ordinances)

* 77.

Final Adoption of Salary Ordinance No. NS-5.10.02 amending Santa Clara County Salary Ordinance No. NS-5.10 relating to the compensation of employees deleting two Social Services Program Manager II or Social Services Program Manager I positions and adding two Social Services Program Manager III positions in the Social Services Agency. (Roll Call Vote)

Salary Ordinance No. NS-5.10.02 (Ordinances)

Closing

78.

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

Adjourn in Memoriam



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