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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
AGENDA
February 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.

-- 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.

-- 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.

-- 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 Dr. Gabriel Otero, Senior Pastor of Beth-El Baptist Church, Morgan Hill.

Transmittal BOS 022409 4

.

Announce names of individuals in whose honor and memory today's meeting is dedicated: Joseph Zanger, Sr.

Transmittal BOS 022409 5 : 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 February 10, 2009, and minutes of

December 16, 2008.

Summary of Proceedings of 2/10/09 (Miscellaneous)

Social Services Agency

* 4.

Consider recommendations relating to a Local Agreement for Child Development Services for the Social Services Agency (SSA) Happy Hands Preschool.

Possible action:

  1. Approve delegation of authority to the Director, SSA, or designee, to negotiate, execute, amend, and terminate a Local Agreement for Child Development Services relating to providing support for the Happy Hands Preschool, in an amount not to exceed $62,641 unless additional revenue is available, for period November 6, 2008 through June 30, 2009, including option for 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, 2011.

  2. Adopt Resolution for Local Agreement for Child Development Services. (Roll Call Vote)

  3. Approve Request for Appropriation Modification No. 147 - $62,641 increasing revenue and expenditures in the SSA budget. (4/5 Roll Call Vote)
Transmittal SSA01 022409
Resolution Relating to the Local Agreement for Child Development Services (Agreements and Amendments)
F85 (A - Multiple Recommendations)

* 5.

Adopt Resolution delegating authority to the Director, Social Services Agency, or designee, to negotiate, execute, amend, and terminate Agreement for a disaster mass care and shelter plan development consultant to be selected through a Request for Proposals process, in an amount not to exceed $150,000, unless additional revenue is available, for period March 9, 2009 through July 31, 2009, including the option for an

additional two months, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire September 30, 2009. (Roll Call Vote)
Transmittal SSA04 022409
Disaster Mass Care and Shelter Plan Development Consultant Resolution (Resolution)

Santa Clara Valley Health and Hospital System

* 6.

Consider recommendations relating to Agreement with Kakoli Banerjee for providing technical assistance and evaluation services for substance abuse programs.

Possible action:

  1. Approve delegation of authority to the Director, Department of Alcohol and Drug Services (DADS), or designee, to amend Agreement with Kakoli Banerjee relating to providing technical assistance and evaluation services for substance abuse programs, increasing the maximum financial obligation by $30,381.01 to $130,381, 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.

  2. Approve delegation of authority to the Director, DADS, or designee, to amend Agreement with Kakoli Banerjee relating to providing technical assistance and evaluation services for substance abuse programs, increasing the 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 and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2009.
Transmittal HHS02 022409
Kakoli Banerjee FY09 Agreement (Agreements and Amendments)
First Amendment to Kakoli Banerjee FY09 Agreement (Agreements and Amendments)

* 7.

Approve Agreement with California Department of Public Health relating to providing analysis of Viral Load Test specimens in an amount not to exceed $495,000 for period July 1, 2008 through June 30, 2011.

Transmittal HHS03 022409
CDPH Agreement for Viral Load Testing FYs 2009-2011 (Agreements and Amendments)

* 8.

Adopt Resolution delegating authority to the Public Health Administrator, or designee, to negotiate and execute Agreements and subsequent Amendments, and take all related actions with ambulance service providers, authorizing operation at the Advanced Life Support level in response to non-911 calls, for period March 1, 2009

through February 28, 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 February 28, 2012. (Roll Call Vote)
Transmittal HHS04 022409
Resolution Delegating Authority for ALS Level (Resolution)

* 9.

Adopt Resolution delegating authority to the Public Health Administrator, or designee, to negotiate and execute Agreements and Amendments to Agreements, and take all related actions with hospitals relating to the Comprehensive Stroke Management System and designation of stroke centers within Santa Clara County, for period March 1, 2009 through February 28, 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 February 28, 2012. (Roll Call Vote)

Transmittal HHS05 022409
Resolution Delegating Signature Authority for Stroke Designation (Resolution)

* 10.

Consider recommendations relating to grant award from Community Health Partnership.

Possible action:

  1. Accept grant award from Community Health Partnership for the Specialty Care Initiative Implementation Phase, in the amount of $163,623 per year for period January 1, 2009 through December 31, 2010.

  2. Approve delegation of authority to the Executive Director, Santa Clara Valley Medical Center, Ambulatory and Managed Care, or designee, to execute Agreement and subsequent Amendments with Community Health Partnership relating to specialty care access, in an amount not to exceed $163,623 per year for period January 1, 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 HHS06 022409

* 11.

Consider recommendations relating to grant award to establish the Ryan Residency Program.

Possible action:

  1. Accept grant funding from the Valley Medical Center Foundation for the Ryan Residency Program, in the amount of $213,448.

  2. Approve Request for Appropriation Modification No. 145 - $51,716 increasing revenue and expenditures in the Santa Clara Valley Medical Center budget. (4/5 Roll Call Vote)
Transmittal HHS07 022409
Ryan Residency Program (Appropriation Modification (F-85))

* 12.

Approve delegation of authority to the Executive Director, Santa Clara Valley Medical Center - Hospital and Ancillary Services, or designee, to execute Community Organization Contract Forms with bilingual Stanford University premedical students participating in the Community Service Work-Study Program relating to providing medical translation services, as needed, for period March 1, 2009 through February 28, 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 February 28, 2014.

Transmittal HHS08 022409

* 13.

Approve delegation of authority to the Chief Executive Officer, Santa Clara Valley Health and Hospital System, or designee, to execute Third Amendment to Service Agreement with JAMSE Engineering, Inc., relating to providing structural engineering services, increasing the maximum compensation by $125,000 to $345,000, and extending the term from December 31, 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 HHS09 022409
Original Agreement (Agreements and Amendments)
Amendment 1 (Agreements and Amendments)
Amendment 2 (Agreements and Amendments)
Amendment 3 (Agreements and Amendments)

* 14.

Approve delegation of authority to the Chief Executive Officer, Santa Clara Valley Health and Hospital System , or designee, to execute Fifth Amendment to Agreement with Jerry L. Willis, Architect, AIA, Inc., relating to providing architectural consulting services, increasing the maximum compensation by $135,000 to $700,000 through June 30, 2009, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2009.

Transmittal HHS10 022409
Original Agreement (July 2006) (Agreements and Amendments)
Amendment 1 (February 2007) (Agreements and Amendments)
Amendment 2 (June 2007) (Agreements and Amendments)
Amendment 3 (April 2008) (Agreements and Amendments)
Amendment 4 (July 2008) (Agreements and Amendments)
Amendment 5 (pending) (Agreements and Amendments)

Supplemental Item* 15.

Approve delegation of authority to the Director, Procurement Department, or designee, to negotiate, execute, and amend Agreement with Kone, Inc., relating to providing elevator maintenance, on-call service, and minor repairs, in an amount not to exceed $349,664 for period January 1, 2009 through December 31, 2011, with option to extend for 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 December 31, 2013.

Transmittal HHS11 022409
Services Contract - Kone (Agreements and Amendments)
Supp. Info 1 - Memo from SCVHHS (Miscellaneous)

* 16.

Approve the Project, adopt plans and specifications, and authorize advertisement of contract documents for the Communications Infrastructure Cabling for Valley Health Center at Milpitas Project.

Opening of Bids:

Thursday, March 20, 2009, at 2:00 p.m.,

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

Transmittal HHS12 022409
Notice to Bidders (Construction Documents)

* 17.

Consider recommendations relating to Professional Services Contract (PSC) for architecture and engineering services.

Possible action:

  1. Approve delegation of authority to Santa Clara Valley Health and Hospital System (SCVHHS) - Chief Executive Officer, or designee, to execute Ninth Amendment to PSC with Cuschieri Horton Architects, increasing the maximum compensation limit (MCL) by $2,000,000 to $4,500,000, and extending the term through June 30, 2015, 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, 2015.

  2. Authorize the Director, SCVHHS Facilities, to be the Owner's Authorized Representative to execute Project Agreements for services during the term of the PSC and to perform other administrative functions pursuant to the PSC, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive.

  3. Authorize the Director, SCVHHS Facilities, to approve Amendments to the PSC, extending the term up to six months and increasing the MCL by up to $100,000, if necessary, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive.
Transmittal HHS13 022409
Amendment 9 (Agreements and Amendments)
Agreement and Amendments 1-8 On File (Agreements and Amendments)

Supplemental Item* 18.

Consider recommendations relating to award of the Design-Build Contract for Santa Clara Valley Medical Center (VMC) Seismic Safety Project Bed Building 1.

Possible action:

  1. Adopt Request for Proposals documents (plans and specifications) and ratify Addendum Nos. 1-7.

  2. Find that the particular material, product, or service designated specifically by a brand or trade name described in the Sole Source Items list be used in order to match other products in use at the VMC campus or to obtain a necessary item that is only available from one source.

  3. Award a Design-Build contract in accordance with the Uniform Public Contract Code Act section 20133 to Turner Construction Company in the amount of $290,562,901, with a construction time of 1,141 calendar days.

  4. Approve encumbrance of an additional $29,437,099 as a Supplemental Work Allowance (SWA) for a total encumbrance of $320,000,000.

  5. Authorize the Director, Santa Clara Valley Health and Hospital System Facilities, to issue change orders, as necessary, against the SWA and to approve modifications to the contract accordingly, including modifications to the bonding requirement and other contract provisions that will save Project funds without impairing the County's best interests.

  6. Approve Extension Agreement and related documents extending terms and conditions of the existing Project Labor Agreement for the Valley Health Centers at Sunnyvale, Gilroy, and Milpitas, with modification, to the Bed Building 1 Project.
Transmittal HHS15 022409
DBCA draft Agreement (A - Multiple Recommendations)
Sole Source Item (A - Multiple Recommendations)
Extension Agreement_PLA for Replacement BB1 (A - Multiple Recommendations)
Appendix A Agreement to be Bound (A - Multiple Recommendations)
Sideletter Agreement (A - Multiple Recommendations)
Executed (PLA) Project Labor Agreement (A - Multiple Recommendations)
Supp. Info 1 - Revised DBCS Draft Agreement (Agreements and Amendments)

Supplemental Item* 19.

Consider recommendations relating to the Santa Clara Valley Medical Center Seismic Safety Project.

Possible action:

  1. Accept staff report on the Leadership in Energy and Environmental Design (LEED) for New Construction version 2.2 building rating system established by the U.S. Green Building Council, and the evaluation of renewable and/or alternate energy sources for the design of Bed Building 1.

  2. Accept staff recommendation to pursue the attainment of a LEED Gold rating for the Bed Building 1 project.
Transmittal HHS16 022409
County Green Building Policy (Miscellaneous)
Comparison of County Green Building Policy with efforts to meet LEED various rating levels (A - Multiple Recommendations)
LEED for New Construction v.2.2, Registered Project Checklist for the Replacement Bed Building 1, Estimate of LEED points (provided by Anshen+Allen (A+A)) (A - Multiple Recommendations)
LEED Energy Model Report (A - Multiple Recommendations)
PG&E Savings By Design - Utility Incentive Worksheet (A - Multiple Recommendations)
Supp. Info 1 - Revised Transmittal (Miscellaneous)
Supp. Info 2 - Revised LEED Energy Model Report (Miscellaneous)

Board of Supervisors

* 20.

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

Lawrence Stone, Assessor, will travel to Newport Beach, California, to attend the California Assessors' Association Central Southern Conference on April 5-9, 2009; and, to Atlanta, Georgia, to attend the Urban Land Institute Spring Council Forum on April 22-24, 2009.

Assessor Travel Memo No. 1 (Miscellaneous)
Assessor Travel Memo No. 2 (Miscellaneous)

* 21.

Accept reports from members of the Board of Supervisors relating to meetings attended through February 18, 2009.

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

Supplemental Item22.

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

Refer to Administration request to evaluate fleet management for greater efficiencies in cost and carbon emissions reduction by utilizing rental car agency leasing programs in a vendor relationship for leased vehicles, for report to the Finance and Government Operations Committee and the Board of Supervisors on date uncertain. (Cortese)

Supp. Info 1 - Transmittal (Miscellaneous)

23.

Approve modification of 2009 Board assignments.

Possible action:

  1. Remove Arts Council of Santa Clara County from the list of Board assignments.

  2. Appoint Supervisor Cortese to join Supervisor Gage on the Santa Clara Valley Habitat Conservation Plan/Natural Community Conservation Plan Liaison Group.
Transmittal BOSD5-022409-01

24.

Adopt Resolution designating Arts Council Silicon Valley as Santa Clara County's authorized partner in the California Arts Council State-Local Partnership Program. (President)

Transmittal BOS-D5-022409-04
Resolution (Resolution)

25.

Under advisement from September 9, 2008 (Item No. 20c): Accept report relating to a pilot program to expand the Cold Weather Shelter Program and initiate a One-Stop Homeless Prevention Center with enhanced services provided at Gilroy and Sunnyvale Shelter Outreach Centers for five months and at Boccardo Reception Center for 12 months.

Request from Administration that item be held until date uncertain.

Memo from Office of Affordable Housing (Miscellaneous)

* 26.

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


* 27.

Accept report from Public Safety and Justice Committee relating to meeting of February 12, 2009. (Shirakawa)

Possible action:

  1. Consider recommendations from the Probation Department on the Youthful Offender Block Grant. (PSJC Item 9)
    1. Approve Request for Appropriation Modification No. 136 - $609,862 increasing revenue and expenditures in the Probation Department budget. (4/5 Roll Call Vote)
    2. Approve delegation of authority to the Chief Probation Officer, or designee, to submit annual renewals or extensions to the Corrections Standards Authority relating to the Youthful Offender Block Grant funding, in the amount of $2,383,972 for Fiscal Year (FY) 2009, and in an amount to be determined for FY 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 delegation of authority to the Chief Probation Officer, or designee, to negotiate, execute, amend, or terminate Agreements relating to providing vocational and educational services for youth that have been recently released from the State Division of Juvenile Justice (DJJ) facilities or failed while on DJJ parole, or other high-risk offenders, in an amount not to exceed $200,336 for period June 1, 2009 through June 20, 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. Accept Committee agenda items 5-8 as Board information only.
Transmittal BOS2-022409-2 : Public Safety & Justice Committee - February 12, 2009
PSJC Agenda February 12, 2009 (Miscellaneous)
YOBG Transmittal (BOARD COMMITTEE)
YOBG F-85 (BOARD COMMITTEE)
2009 PSJC Calendar (BOARD COMMITTEE)
Item 6-JHAB Referral (BOARD COMMITTEE)
Item 7- Ranch Wait List report (BOARD COMMITTEE)
Item 8-DOC Video Surveillance report (BOARD COMMITTEE)

* 28.

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


Supplemental Item29.

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

Possible action:

Accept report from Employee Services Agency on the feasibility and timeline for implementing a more comprehensive anti-smoking policy, and direct County Counsel to draft a Board Policy that incorporates the following recommendations:

  1. Expand the current policy to prohibit smoking on the entire Valley Medical Center campus and existing and future Valley Health Centers.
  2. Expand the current policy to prohibit smoking in or within 30 feet surrounding the outside perimeter of all County owned and leased facilities where the County is the sole occupant, and collaborate with those landlords of leased facilities where the County is one of several occupants, to encourage the adoption of the policy at those facilities.
  3. Reaffirm the current policy to prohibit smoking in all County vehicles.
  4. Include other possible areas, as appropriate, such as contracts and leases, including personal service contracts, where smoking cessation could be influenced.
Supp. Info 1 - Transmittal (Miscellaneous)
Supp. Info 1a - Report from ESA (Miscellaneous)

30.

Accept report from Legislative Committee relating to meeting of February 12, 2009. (Kniss)

Possible action:

  1. Support Senate Bill 26 (Simitian), on expanding opportunities for proper management of home-generated pharmaceutical waste and devices.

  2. Support co-sponsoring, with Los Angeles County, the Extended Producer Responsibility Framework Legislation.

  3. Approve Federal Appropriations Request for Enterprise Master Patient Index (MPI) Project for Federal Fiscal Year 2010.

  4. Accept Committee agenda items 4, 7, and 9 as Board information only.
Transmittal BOSD5-022409-06
Agenda for February 12, 2009 (Miscellaneous)
SB26 Staff Report (Miscellaneous)
SB 26 Bill Language (Miscellaneous)
Extended Producer Responsibility Staff Report (Miscellaneous)
Federal Appropriation Request Staff Report (Miscellaneous)

* 31.

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


32.

Accept report from Board Delegates to the Santa Clara Valley Transportation Authority relating to the meeting of February 5, 2009. (Gage, Kniss)

Transmittal BOS022409 2

* 33.

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


34.

Accept report from Board Delegates to Local Agency Formation Commission (LAFCo) relating to the meeting of February 4, 2009. (Kniss, Gage)

Transmittal BOS022409 1

* 35.

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


County Executive

36.

Accept report from Acting County Executive.


* 37.

Approve delegation of authority to the Director, Office of Emergency Services, or designee, to negotiate, execute, amend, and terminate Agreements between the City and County of San Francisco, the City of Oakland, the City of San Jose, the County of Alameda, and the County of Santa Clara relating to the application for and allocation and distribution of Bay Area Urban Area Security Initiative Program grant funds, for period February 24, 2009 through December 31, 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 December 31, 2011.

Transmittal CE03 022409

* 38.

Adopt Resolution delegating authority to the County Executive, or designee, to take action necessary for the purpose of obtaining grant funds, including executing grant applications, Grant Agreements, grant budget modifications, reimbursement requests, and subsequent Amendments with the Federal Department of Homeland Security, the Governor's Office of Homeland Security, the Governor's Office of Emergency Services, California Emergency Management Agency, and Cities within the operational area relating to the 2009 Emergency Management Performance Grant Program, for period February 27, 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. (Roll Call Vote)

Transmittal CE04 022409
Governing Body Resolution (Resolution)

* 39.

Approve delegation of authority to the Director, Procurement Department, or designee, to issue a Request for Proposals relating to providing patient monitoring equipment for a five-year period, with option to extend for two additional one-year terms. Delegation of authority shall expire on September 30, 2009.

Transmittal CE05 022409

* 40.

Approve delegation of authority to the Director, Procurement Department, or designee, to amend, administer, enforce, and terminate Agreement No. 5500001079 with Compucom Systems, Inc., relating to providing Dell, Hewlett Packard, and International Business Machines Intel based servers, and related maintenance, in an amount not to exceed $2,000,000, for a total contract amount of $12,000,000 for period May 28, 2004 through June 30, 2009, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2009.

Transmittal CE06 022409

* 41.

Approve delegation of authority to the Director, Procurement Department, or designee, to amend, administer, enforce, and terminate Agreement No. 5500001089 with Software House International relating to providing computer software and related maintenance, in an amount not to exceed $2,000,000, for a total contract amount of $14,500,000 for period June 7, 2004 through June 30, 2009, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2009.

Transmittal CE07 022409

* 42.

Consider recommendations relating to record storage and retrieval services.

Possible action:

  1. Approve delegation of authority to the Director, Procurement Department, or designee, to negotiate, execute, amend, administer, enforce, and terminate Agreement No. 5500001752 with Iron Mountain Information Management Inc., relating to providing record storage and retrieval services, in an amount not to exceed $948,392, for a total contract amount of $2,500,000 for period October 1, 2008 through September 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 September 30, 2010.

  2. Approve delegation of authority to the Director, Procurement Department, or designee, to issue solicitation relating to providing record storage and retrieval services for a five-year period.  Delegation of authority shall expire on September 30, 2010.
Transmittal CE08 022409

* 43.

Consider recommendations relating to Cisco products and related maintenance.

Possible action:

  1. Approve delegation of authority to the Director, Procurement Department, or designee, to extend Agreement No. 5500000766 with AT&T Datacomm relating to providing Cisco products and related maintenance for period February 28, 2009 through April 30, 2009, and to make administrative business process changes, following approval by County Counsel as to form and legality, and approval by the Office of County Executive. Delegation of authority shall expire on April 30, 2009.

  2. Approve extension of the delegation of authority to the Director, Procurement Department, or designee, to issue a solicitation relating to providing Cisco products and related maintenance for a three-year period, with an option to extend for two additional one-year extensions, for period  February 28, 2009 through April 30, 2009. Delegation of authority shall expire on April 30, 2009.
Transmittal CE09 022409

* 44.

Accept the 1996 Measure B Transportation Improvement Program December 2008 Progress Report.

Transmittal CE10 022409
Measure B Transportation Improvement Program December 2008 Progress Report (Miscellaneous)

* 45.

Approve Amendment to Memorandum of Understanding with the City of Milpitas, the Milpitas Redevelopment Agency, KB Home South Bay, Inc., and LB-L/KB Terra Serena LLC, reducing the number of affordable condominium units from 85 to 39, and redesignating the remaining 21 unsold affordable units for sale to low income buyers.

Transmittal CE11 022409
Amendment to Memorandum of Understanding (Agreements and Amendments)

County Counsel

46.

Accept report from County Counsel on legal issues.


Boards & Commissions

* 47.

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

Supervisor Yeager (District 4):

Appointee Name

Board/Commission Name

  John Burns Citizens' Advisory Commission on Elections
Transmittal BOS4-022409-03 : Individual Appointment

* 48.

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

Appointee Name

Recommended By

Board/Commission

  Carmen Montano Cortese FIRST 5 Santa Clara County
  Ray Maglalang Cortese Coyote Flood Control and
      Watershed (East Zone)
   Jim Foran Cortese Coyote Flood Control and
      Watershed (East Zone)
  Henry Morillo Shirakawa Mental Health Board
  Eric Carruthers Shirakawa Alternate, San Francisco Bay
      Conservation and Development
      Commission
Transmittal BOSD303-2-24-09 :
Transmittal BOSD3 04-2-24-09 : Board As-A-Whole Appointments
Transmittal BOS2-022409-1 : BOARDS AND COMMISSIONS BOARD AS-A-WHOLE APPOINTMENT

* 49.

Approve recommendations relating to resignations from Boards and Commissions.

  1. Accept resignation of Bettina Kohlbrenner from the Commission on the Status of Women for a three-year term expiring June 30, 2010. Appointee shall represent the public-at-large. Position is allocated to District 1.  
  1. Accept resignation of Michelle Lew from the Social Services Advisory Commission for a three-year term expiring June 30, 2009. Appointee shall represent the public-at-large. Position is allocated to District 5. 
Transmittal BC01-022409

Law and Justice

* 50.

Consider recommendations relating to the Federal Weed and Seed Program for the unincorporated Burbank neighborhood.

Possible action:

  1. Approve delegation of authority to the District Attorney, or designee, to execute, amend, and extend Standard Grant Award Agreement with the U.S. Department of Justice, Office of Justice Programs, for the 2009 Weed and Seed Grant Program, including any documents necessary to extend or amend the Grant Award Agreement that have no fiscal implications, in an amount not to exceed $150,000 for period January 1, 2009 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, 2010.

  2. Approve Request for Appropriation Modification No. 135 - $161,029 increasing revenue and expenditures in the Office of the District Attorney budget. (4/5 Roll Call Vote)
Transmittal DA01 022409
Appropriation Modification (Appropriation Modification (F-85))

* 51.

Approve delegation of authority to the District Attorney, or designee, and the Director, Office of Human Relations, or designee, to extend and amend Agreements relating to providing alternative dispute resolution services, in an amount not to exceed resources available in the County Dispute Resolution Trust 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 December 31, 2011.

Transmittal DA02 022409
Current Agreement - Superior Court (Agreements and Amendments)
Current Agreement - County Executive's Office of Human Relations (Agreements and Amendments)
Current Agreement - Project Sentinel (Agreements and Amendments)

* 52.

Consider recommendations relating to California Criminalistics Institute training funding.

Possible action:

  1. Approve delegation of authority to the District Attorney, or designee, to execute Agreement with the State Department of Justice, including any documents necessary to extend or amend the Agreement that have no fiscal implications, relating to accepting funding for one Criminalist at the District Attorney, Crime Laboratory, to attend the Firearm and Toolmark Examiners Academy at the California Criminalistics Institute, in an amount not to exceed $10,622 for period February 24, 2009 through June 30, 2009, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on December 31, 2009.

  2. Approve Request for Appropriation Modification No. 146 - $10,622 increasing revenue and expenditures in the Office of District Attorney budget. (4/5 Roll Call Vote)
Transmittal DA03 022409
Appropriation Modification (Appropriation Modification (F-85))

* 53.

Approve Appropriation Modification No. 148 - $99,882.31 transferring funds from the General Fund Contingency Reserve to the Office of the Public Defender budget relating to unbudgeted expenses from the review of Sexual Assault Response Team (SART) videotape cases. (4/5 Roll Call Vote)

Transmittal PDO01 022409
SART (Appropriation Modification (F-85))

* 54.

Approve delegation of authority to the Sheriff and the County Executive, or designees, to negotiate, execute, amend, and terminate Agreement with the County of San Mateo relating to the Terrorism Early Warning Group (TEWG), in an amount not to exceed $79,381 for period January 1, 2009 through June 30, 2009, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2009.

Transmittal SO01 022409

1:30 p.m. Time Certain

Supplemental Item* 55.

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

  1. Ratify Resolution, presented on February 7, 2009, commending the National Latino Peace Officers' Association: Santa Clara County Founding Chapter for unwavering belief in community activism and public engagement as a means of bettering the quality of life for families in Santa Clara County and for commitment to making law enforcement relevant to our everyday lives. (Cortese)


  2. Adopt Resolution commending Bob Poynter for demonstrating outstanding leadership, dedication, and commitment to building a better community through more than 50 years of service as a coach, teacher, and mentor. (Yeager)

  3. Adopt Resolution commending Rick Milam for his life-long commitment to facilitating excellence in education and athletic achievement, and for providing an enduring legacy of leadership and community service. (Yeager)

  4. Adopt and present Resolution recognizing Marianne Pritchett as she retires after 27 years of service to the County of Santa Clara. (Social Services Agency)

  5. Adopt and present Resolution proclaiming February 2009 as "Black American History Month." (President)

  6. Adopt and present Resolution commending the San Jose/Silicon Valley Branch of the National Association for the Advancement of Colored People (NAACP) on the occasion of NAACP's 100th Year Anniversary, and for on-going work in ensuring the political, educational, social, and economic equality of rights for all persons, and to eliminate racial hatred and racial discrimination. (President)

  7. Adopt Resolution proclaiming February 23 through March 2, 2009 as "Peace Corps Week" in Santa Clara County. (President)

Transmittal BOSD301-022409 : Ratify Resolution commending the National Latino Peace Officers' Association: Santa Clara County Founding Chapter
Resolution for NLPOA (Resolution)
Transmittal BOS4-022409-01 : Resolution commending Bob Poynter
Resolution for Bob Poynter (Resolution)
Transmittal BOS4-022409-02 : Resolution commending Rick Milam
Resolution for Rick Milam (Resolution)
Transmittal SSA03 022409 : Resolution of the Board of Supervisors of the County of Santa Clara Recognizing Marianne Pritchett
Resolution for Marianne Pritchett (Resolution)
Transmittal BOS-D5-022409-02 : Adopt and Present Proclamation
Transmittal BOS-D5-022409-03 : Adopt and Present Resolution Commending the San Jose/Silicon Valley Branch of the National Association for the Advancement of Colored People (NAACP)
Transmittal BOS-D5-022409-05 : Adopt and Present Resolution Proclaiming Peace Corp Week in Santa Clara County
Peace Corps (Resolution)
Supp. Info 1 - Transmittal for Anita Chan (Miscellaneous)
Supp. Info 1a - Resolution for Anita Chan (Resolution)
Supp. Info 2 - Resolutions for NAACP, African American History, and Peace Corps (Resolution)

* 56.

Approve and present Certificates of Appreciation to Employees of the Month for February 2009.

Diane Helton County Communications
Administrative Support Officer II Technical Services Division
   
Dawn Valentine County Library
Library Circulation Supervisor Administration
   
Craig Harman Department of Correction
Rehabilitation Officer II Programs Unit
   
Jesse Montano Medical Examiner-Coroner's Office
Senior Account Clerk  
   
Michaelene Arreola Office of Pretrial Services
Pretrial Services Officer III Jail Unit
   
Susan Fowle Social Services Agency
Deputy Public Guardian Department of Aging and Adult
  Services
   
Jose Flores Santa Clara Valley Health and
Psychiatric Social Worker II Hospital System
  Department of Alcohol and Drug
  Services
  Adult Outpatient Treatment
  East Valley and North County Clinics
   
Samuel Rangel Santa Clara Valley Health and
Janitor Hospital System
  Environmental Services
  Operating Room
Transmittal CE01 022409

2:00 p.m. Time Certain

57.

Accept In-Home Supportive Services Public Authority Annual Report 2006-2008.

Transmittal SSA02 022409
IHSS Public Authority Annual Report, 2006-08 (Miscellaneous)

Department of Planning and Development Services

58.

Adopt Resolution adopting a Wildland-Urban Interface Fire Area Map for Santa Clara County. (Roll Call Vote)

Transmittal PLN01 022409
Attachment A: Existing WUIFA Map (Miscellaneous)
Attachment B: Proposed WUIFA Map (Miscellaneous)
Resolution and Exhibit 1 (Miscellaneous)

* 59.

Adopt Resolution delegating authority to the County Executive, or designee, to negotiate, enter, and amend Agreement(s), in an amount not to exceed $350,000 to facilitate restoration work in connection with a grading violation on certain private properties (Assessor's Parcel Numbers 503-38-014, 503-38-018, 503-38-019, and 503-04-013), and to take all action available under Agreement(s) and applicable law necessary for completion of the restoration work, following County Counsel's approval as to form and legality. Delegation of authority shall expire on December 31, 2009. (Roll Call Vote)

Transmittal PLN02 022409
Attachment A - "Site Map" - Haro, Kasunich and Associates, Inc. (Miscellaneous)
Attachment B - Resolution - Delegating Authority to Santa Clara County Executive (Resolution)

Supplemental Item60.

Under advisement from December 9, 2008 (Item No. 74): Introduction and preliminary adoption of Ordinance amending Santa Clara County Ordinance Code relating to establishing an Administrative Hearing Process and schedule of fines to be imposed for violations of County building and zoning code ordinances. (Roll Call Vote to waive reading, Roll Call Vote to adopt)

Supp. Info 1 - Request to Hold Memo (Miscellaneous)
Supp. Info 2 - Corrected Request to Hold Memo (Miscellaneous)

* 61.

Adopt Resolution accepting use of a prior California Environmental Quality Act (CEQA) document, and approving a vesting tentative map, cluster permit, architecture and site approval, and grading permit for a 43-lot subdivision located on the northwesterly side of Stanford Avenue between El Camino Real and Escondido Road, Stanford. Property of Stanford University Board of Trustees. (File No. 9792-09-81-08CST-08A-08G) (Supervisorial District 5) (Hearing closed on February 10, 2009, Item No. 35) (Roll Call Vote)

Resolution with Revised Conditions (Resolution)

Parks and Recreation Department

* 62.

Ratify grant application submitted by the Director, Parks and Recreation Department, to the San Francisco Estuary Project relating to Bay Area Water Quality Improvement grant funding for the Senador Mine Erosion Control Project at Almaden Quicksilver Park, in the amount of $492,500 for period January 1, 2009 through July 31, 2012.

Transmittal PRK01 022409

* 63.

Consider recommendations relating to Playground Upgrade at Ed Levin County Park.

Possible action:

  1. Approve Contract Change Order - Final - Playground Upgrade at Ed Levin County Park, Contract No. 08-23. Contractor-Earth Stone Construction, Inc. Net decrease of $5,750.16 and an increase of 11 calendar days.

  2. Accept Project as complete and authorize Clerk of the Board to execute the Notice of Completion of Project and Acceptance of Work on above.
Transmittal PRK02 022409
Final Change Order (Construction Documents)
Change Orders (Construction Documents)
Notice of Completion (Construction Documents)
Close Out Documents (Construction Documents)

* 64.

Consider recommendations relating to Fiscal Year (FY) 2008 Pavement Management Project at Various County Parks, Contract No. 08-21.

Possible action:

  1. Approve Contract Change Order - Final - FY 2008 Pavement Management Project at Various County Parks, Contract No. 08-21, Contractor-Granite Rock Company dba Pavex Construction Division. No net change in total encumbrance and an increase of 30 calendar days.

  2. Accept Project as complete and authorize Clerk of the Board to execute the Notice of Completion of Contract and Acceptance of Work on above.
Transmittal PRK03 022409
Final Change Order (Construction Documents)
Contract Change Orders (Construction Documents)
Notice of Completion (Construction Documents)
Close Out Documents (Construction Documents)

* 65.

Adopt Resolution adopting the annual review and findings on the Fantasy of Lights (FOL) 2008 event in Vasona Lake County Park, including the Sponsorship Program. (Roll Call Vote)

Transmittal PRK04 022409
FOL Resolution (Miscellaneous)

* 66.

Adopt Resolution approving application for 2009 Grant Funds from the State of California, Department of Parks and Recreation, Off-Highway Motor Vehicle Recreation Grant Funds, and delegating authority to the Director, Parks and Recreation Department, or designee, to negotiate, execute, and submit necessary documents for completion of the grant 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 PRK05 022409
OHV resolution (Resolution)

* 67.

Adopt Resolution approving application to the State Department of Parks and Recreation for a Land and Water Conservation Fund grant for the Sanborn County Park Trail Improvements Project, and delegating authority to the Director, Parks and Recreation Department, or designee, to conduct all negotiations and execute and submit all application related documents necessary for completion of the 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 December 31, 2015. (Roll Call Vote)

Transmittal PRK06 022409
Resolution (Resolution)

Roads and Airports

* 68.

Consider recommendations relating to accepting Heritage Way into the County Road System and using radar enforcement on Holsclaw Road.

Possible action:

  1. Adopt Resolution accepting Heritage Way into the County Road System. (Roll Call Vote)

  2. Introduction and preliminary adoption of Ordinance No. NS-1002.141 amending Section B12-33 of the Santa Clara County Ordinance Code adding Holsclaw Road, Gilroy, to the list of streets with a 35 miles per hour speed zone limit. (Roll Call Vote to waive reading, Roll Call Vote to adopt)

  3. Adopt Resolution requesting the use of radar speed enforcement by the California Highway Patrol on Holsclaw Road from Leavesley Road to Pacheco Pass Highway (SR 152), Gilroy. (Roll Call Vote)
Transmittal RA01 022409
Heritage Way Acceptance (Resolution)
Heritage Way Location Map (Miscellaneous)
Heritage Way Tract No. 9066 Sheets 1, 2, and 3 of 3 (Miscellaneous)
Heritage Way Original Offer of Dedication (Miscellaneous)
Holsclaw Rd 35 MPH Ordinance (Ordinances)
Holsclaw Rd Radar Enforcement (Resolution)

* 69.

Adopt Resolution authorizing the Director, Roads and Airports Department, to execute Second Amendment to Agreement and subsequent Amendments to Agreement, including extension of term up to June 30, 2015, with the California Highway Patrol, Santa Clara County Superior Court, and cities of Campbell, Milpitas, San Jose, Sunnyvale, and Santa Clara relating to traffic law enforcement services on designated portions of Central, Lawrence, Montague, and San Tomas Expressways, 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, 2015. (Roll Call Vote)

Transmittal RA02 022409
Map of CHP Enforcement Areas on Expressways (Miscellaneous)
2003 Agreement with CHP for Enforcement (Agreements and Amendments)
2006 First Amendment (Agreements and Amendments)
Second Amendment to CHP Agreement for Enforcement (Agreements and Amendments)
Resolution authorizing Director to execute 2nd Amendment with CHP and other jurisdictions (Resolution)

Facilities and Fleet

* 70.

Consider recommendations relating to the Facility Security Upgrades to the County Government Center (CGC), Project No. 263-SM07003.

Possible action:

  1. Approve Request for Appropriation Modification No. 138 - $32,000 transferring funds within the Facilities and Fleet Department, Capital Programs budget. (Roll Call Vote)

  2. Authorize increase in the Supplemental Work Allowance (SWA) for the Facility Security Upgrades to the CGC (Project No. 263-SM07003) for ESR Construction, Inc., Contract No. 08-05, in the amount of $32,000 for a new total SWA of $216,000 and a new total contract encumbrance of $1,108,300.
Transmittal FAF01 022409
F-85 #138 - Facility Security at County Govt Center (Appropriation Modification (F-85))

Sanitation District

71.

Accept Monthly Financial Report from County Sanitation District No. 2-3 for period ending January 31, 2009, and authorize payment of bills in an amount not to exceed $116,361.87.

Transmittal (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)

Final Adoption of Ordinances

* 72. Final Adoption of Salary Ordinance No. NS-5.09.71 amending Santa Clara County Salary Ordinance No. NS-5.09 relating to the compensation of employees adding and deleting various positions recommended as part of the Mid-Year budget adjustments in various departments. (Roll Call Vote)
Salary Ordinance Amendment No. NS-5.09.71 (Ordinances)

* 73. Final Adoption of Salary Ordinance NS-5.09.73, as amended, amending Santa Clara County Salary Ordinance No. NS-5.09 relating to the compensation of employees deleting one Admin Nurse II position in the Mental Health Department. (Roll Call Vote)
Salary Ordinance Amendment No. NS-5.09.73 (Ordinances)

* 74.

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

Salary Ordinance Amendment No. NS-5.09.68 (Ordinances)

* 75. Final Adoption of Salary Ordinance No. NS-5.09.70 amending Santa Clara County Salary Ordinance No. NS-5.09 relating to the compensation of employees adding the classification and salary range for Geographic Information Systems Analyst Supervisor to the salary schedule. (Roll Call Vote)
Salary Ordinance NS-5.09.70 (Ordinances)

Closing

76.

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

Adjourn in Memoriam



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