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AGENCIES & DEPTS
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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 11, 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 Steve Pruett, City Harvest Church, South San Jose.

Transmittal BOS 081103 1 : Invocation for the August 11, 2009 Board of Supervisors meeting.

Supplemental Item .

Announce names of individuals in whose honor and memory today's meeting is dedicated: Michelle Kim Maykin, Robert Gomez, Raymond Handley, and Dr. Irving Schulman.

Transmittal BOS D3 05 8-11-09 : Adjourn in Memoriam
Transmittal BOSD5-081109-04 : Adjourn in Memoriam
Transmittal BOSD5-081109-05 : Adjourn in Memoriam
Transmittal BOSD5-081109-01 : Adjourn in Memoriam
Supp. Info 1 - Transmittal for DeVaughn (Miscellaneous)

Public Issues

1.

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


2.

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

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


* 3.

Approve Summary of Proceedings of June 24, 2009 and minutes of June 15, 16, 17, 19, and 24, 2009.

June 24, 2009 Summary (Miscellaneous)

Social Services Agency

* 4.

Approve delegation of authority to the Director, Social Services Agency, or designee, to execute, amend, and terminate Contract between California State Association of Counties (CSAC) and Welfare Case Data Systems (WCDS) Consortium, in an amount not to exceed $101,674, unless additional revenue is available, for period July 1, 2009 through June 30, 2010, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2010.

Transmittal SSA01 081109

* 5.

Consider recommendations relating to Joint Lifeline Transportation Committee (JLTC).

Possible action:

  1. Approve JLTC's recommendation for the Lifeline Transportation Program.

  2. Forward the approved funding recommendation to the Metropolitan Transportation Commission (MTC).
Transmittal SSA02 081109
Attachment A ? Second Supplemental Lifeline Transportation Program FY 2009-2011 (Agreements and Amendments)

* 6.

Consider recommendations relating to Child Development Services.

Possible action:

  • Ratify Local Agreement for Child Development Services with the California Department of Education (CDE) for period July 1, 2009 through June 30, 2010, relating to funding for the Santa Clara County Social Services Child Development Program.

  • Adopt Resolution delegating authority to the Director, Social Services Agency, or designee, to execute, amend, and terminate Contract No. CAPP-9070, Project No. 43-2243-00-9 with CDE relating to tproviding subsidized child care services and development in an amount not to exceed $3,054,089 for period July 1, 2009 through June 30, 2010, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2010. (Roll Call Vote)
Transmittal SSA03 081109
Resolution for CDS with CA Dept of EDU (Resolution)

* 7.

Approve delegation of authority to the Director, Social Services Agency, or designee, to negotiate, execute, amend, and terminate Agreements relating to the Group Home Subsidy Program in an amount not to exceed $1,338,000, unless additional revenue is available, for the period July 1, 2009 through June 30, 2010, with the option of one additional one-year term, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2011.

Transmittal SSA04 081109

Health & Hospital System

8.

Consider recommendations relating to Agreement for mobile diagnostic imaging services.

Possible action:

  1. Ratify Third Amendment to Agreement with Alliance Imaging, Inc., relating to providing mobile diagnostic images services at Santa Clara Valley Medical Center (SCVMC), extending the term of the Agreement from June 30, 2008 through February 13, 2011, adjusting rates, and modifying the termination clause, effective November 1, 2007.

  2. Ratify Fourth Amendment to Agreement with Alliance Imaging, Inc., increasing the maximum annual compensation from $960,000 to $1,200,000 and adjusting rates, effective March 2, 2009.

  3. Approve delegation of authority to Executive Director, SCVMC, Hospital and Ancillary Services, to amend Agreement with Alliance Imaging, Inc., extending the term of the Agreement through June 30, 2011, reducing the maximum annual compensation to $900,000 for Fiscal Year (FY) 2010 and FY 2011, and modifying other contract provisions as needed, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire June 30, 2011.
Transmittal HHS01 081109
Alliance agreement (Agreements and Amendments)
Alliance Amend 1 (Agreements and Amendments)
Alliance Amend 2 (Agreements and Amendments)
Alliance Amend 3 (Agreements and Amendments)
Alliance Amend 4 (Agreements and Amendments)

Employee Services Agency

* 9.

Consider recommendations relating to adoption of Master Salary Ordinance No. NS-5.10 for Fiscal Year 2010.

Possible action:

  1. Abolish Family Support Collections Officer, Management Information Systems Data Assistant, and Special Assistant to the County Executive classifications from the County's classification plan.

  2. Introduction and preliminary adoption of Master Salary Ordinance No. NS-5.10 for Fiscal Year 2010. (Roll Call Vote to waive reading, Roll Call Vote to adopt)
Transmittal ESA01 081109
Master Salary Ordinance FY10 (Ordinances)

* 10.

Ratify tentative Extension Agreement with the Santa Clara County Park Rangers Association (PRA), extending the current labor contract from March 21, 2011 through March 17, 2013 deferring the wage adjustment.

Transmittal ESA02 081109
Extension Agreement (Miscellaneous)

* 11.

Introduction and preliminary 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 to waive reading, Roll Call Vote to adopt).

Transmittal ESA03 081109
Salary Ordinance No. NS-5.10.01 (Ordinances)

* 12.

Accept recommendation of the County of Santa Clara Deferred Compensation Plan Committee to appoint Captain Toby Wong, Department of Correction, to the vacant position on the Committee.

Transmittal ESA04 081109

* 13.

Introduction and preliminary 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 to waive reading, Roll Call Vote to adopt)

Transmittal ESA05 081109
Salary Ordinance No. NS-5.10.02 (Ordinances)

* 14.

Accept Fiscal Year 2009 Year-End Report on fourth and fifth step appointments, administrative position add/delete actions, fiscal impact for classification studies, and administrative class specification revisions.

Transmittal ESA06 081109
Attachment A - FY 09 4th & 5th Step Appointments (Personnel Recommendations)
Attachment B - FY 09 Administrative Add/Deletes (Personnel Recommendations)
Attachment C - FY 09 Class Study Fiscal Impact (Personnel Recommendations)
Attachment D - FY 09 Administrative Specification Revisions (Personnel Recommendations)
Administrative Assistant class specification (Personnel Recommendations)
Assistant Clerk of the Board class specification (Personnel Recommendations)
Automotive Attendant class specification (Personnel Recommendations)
Automotive Mechanic class specification (Personnel Recommendations)
Board Clerk I class specification (Personnel Recommendations)
CCS Therapist II class specification (Personnel Recommendations)
Chief CCS Therapist class specification (Personnel Recommendations)
Chief Investigator DA class specification (Personnel Recommendations)
Chief of Assessment Standards Services and Exemption Division class specification (Personnel Recommendations)
Clinical Psychologist class specification (Personnel Recommendations)
Community Worker class specification (Personnel Recommendations)
Director Facilities and Fleet class specification (Personnel Recommendations)
Director Nursing Acute Psychiatric Services class specification (Personnel Recommendations)
Director of Therapy Services class specification (Personnel Recommendations)
Equal Opportunity Division Manager class specification (Personnel Recommendations)
Fleet Maintenance Scheduler class specification (Personnel Recommendations)
Fleet Parts Coordinator class specification (Personnel Recommendations)
Fleet Services Assistant Mechanic class specification (Personnel Recommendations)
Fleet Services Mechanic class specification (Personnel Recommendations)
GIS Technician I class specification (Personnel Recommendations)
GIS Technician II class specification (Personnel Recommendations)
Graphic Designer I class specification (Personnel Recommendations)
Graphic Designer II class specification (Personnel Recommendations)
Health Center Manager class specification (Personnel Recommendations)
Homeless Concerns Coordinator class specification (Personnel Recommendations)
IT Planner Architect class specification (Personnel Recommendations)
Network Designer class specification (Personnel Recommendations)
Nuclear Medicine Technologist class specification (Personnel Recommendations)
Occupational Therapy Assistant I class specification (Personnel Recommendations)
Occupational Therapy Assistant II class specification (Personnel Recommendations)
Paralegal Series class specification (Personnel Recommendations)
Park Equipment Operator class specification (Personnel Recommendations)
Park Maintenance Worker I class specification (Personnel Recommendations)
Permit Technician class specification (Personnel Recommendations)
Physical Therapist Assistant I class specification (Personnel Recommendations)
Physical Therapist Assistant II class specification (Personnel Recommendations)
Psychosocial Occupational Therapist class specification (Personnel Recommendations)
Recreation Therapist III class specification (Personnel Recommendations)
Road Dispatcher class specification (Personnel Recommendations)
Senior CCS Therapist class specification (Personnel Recommendations)
Senior Hospital Psychological Assistant class specification (Personnel Recommendations)
Senior Nuclear Medicine Technologist class specification (Personnel Recommendations)
Supervising Account Clerk I class specification (Personnel Recommendations)
Supervising Account Clerk II class specification (Personnel Recommendations)
Supervising CCS Therapist class specification (Personnel Recommendations)
Supervising Legal Clerk class specification (Personnel Recommendations)
Supervising Librarian class specification (Personnel Recommendations)
Supervising Paralegal class specification (Personnel Recommendations)
Therapy Services Administrative Manager class specification (Personnel Recommendations)
Therapy Services Program Manager class specification (Personnel Recommendations)
Therapy Technician class specification (Personnel Recommendations)
Ultrasonographer I Series class specification (Personnel Recommendations)
Workers Compensation Claims Adjuster I class specification (Personnel Recommendations)
Workers Compensation Claims Adjuster II class specification (Personnel Recommendations)
Workers Compensation Claims Adjuster III class specification (Personnel Recommendations)

* 15.

Ratify tentative Extension Agreement with Santa Clara County Government Attorneys Association, extending the current labor contract from July 27, 2009 through July 24, 2011.

Transmittal ESA07 081109
Extension Agreement (Miscellaneous)

* 16.

Ratify tentative Extension Agreement with Santa Clara County Probation Peace Officers' Union, Local 1587, American Federation of State, County, and Municipal Employees (AFSCME), extending the current labor contract from October 5, 2009 through October 2, 2011.

Transmittal ESA08 081109
Extension Agreement (Miscellaneous)

* 17.

Ratify tentative Extension Agreement with the Registered Nurses Professional Association (RNPA), extending the current labor contract from November 15, 2010 through November 11, 2012.

Transmittal ESA09 081109
Extesnion Agreement (Miscellaneous)

Board of Supervisors

18.

Accept report from Board President.


* 19.

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

  1. Assessor Lawrence Stone will travel to Squaw Valley, California, to attend the Northern California Assessors' Association Conference on August 11-13, 2009.

  2. Sheriff Laurie Smith traveled to Sacramento, California, to attend the Peace Officers Standards and Training (POST) Commission and Committee Meetings, and the 50th Anniversary Open House/Reception, on July 21-23, 2009; and, will travel to Mount Shasta, California, to attend the California State Sheriffs' Association Board of Directors Meeting on August 19-21, 2009.

  3. Supervisor Kniss traveled to Davidson County, Nashville, Tennessee, as Board Delegate to the National Association of Counties (NACO) to attend the NACO Annual Conference, July 23-29, 2009.
Assessor's Travel Memo (Miscellaneous)
Sheriff's Travel Memo (Miscellaneous)

* 20.

Accept reports from members of the Board of Supervisors relating to meetings attended through August 5, 2009.

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

21.

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


22.

Accept report from Housing, Land Use, Environment, and Transportation Committee (HLUET) relating to meeting of June 18, 2009. (Gage)

Possible action:

  1. Consider recommendations relating to Lease Agreement with Northern California Velodrome Association (NCVA) for bicycle training and racing programs at the Velodrome facility in Hellyer County Park. (HLUET Item No. 5)
    1. Approve Lease Agreement with NCVA relating to providing bicycle training and racing programs at the Velodrome facility in Hellyer County Park for period August 11, 2009 through August 10, 2014, with option to extend for up to five additional five-year terms, or through August 10, 2039.
    2. Approve delegation of authority to the Director, Parks and Recreation Department, or designee, to approve lease extensions, 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 10, 2039.

  2. Consider recommendations relating to a workplan to address referral, from the March 24, 2009 Board of Supervisors' meeting, for development of a renewable energy plan for Santa Clara County. (HLUET Item No. 6)

  3. Consider recommendations relating to Agreement with the City of San Jose for recreational trail improvements on County property along Penitencia Creek. (HLUET Item No. 7)
    1. Approve Agreement with the City of San Jose relating to providing recreational trail improvements on County property along Penitencia Creek for a 25-year term ending June 23, 2034, with option to renew for an additional 25-year term.

  4. Discuss underlying lot regulations of the "-n1" (Neighborhood Preservation) combining zoning district and story definition of the Zoning Ordinance. (HLUET Item No. 8)

  5. Accept report from the Department of Planning and Development on an alternative to General Plan Land Use Policy U-LM7 and related policies. (HLUET Item No. 9)

  6. Accept Committee agenda Items 10 and 11 as Board information only.
Transmittal BOS 081109 5 : Housing, Land Use, Environment, & Transportation Committee (HLUET) - June 18, 2009
6/18/09 HLUET Agenda (BOARD COMMITTEE)
Item 5 transmittal (A - Multiple Recommendations)
Item 5 SCC lease with NCVA (A - Multiple Recommendations)
Item 6 transmittal (A - Multiple Recommendations)
Item 7 Transmittal (A - Multiple Recommendations)
Item 7 1981 Joint Use Agreement (A - Multiple Recommendations)
Item 7 1987 Specific Plan Agreement (A - Multiple Recommendations)
Item 7 1992 Third JVA Agreement (A - Multiple Recommendations)
Item 7 Joint Use Agreement (A - Multiple Recommendations)
Item 7 Proposed Agreement Between City of San Jose and the County (A - Multiple Recommendations)
Item 9 Transmittal (A - Multiple Recommendations)

23.

Accept report from Public Safety and Justice Committee. (Shirakawa)


* 24.

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


* 25.

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


* 26.

There is no report from Legislative Committee. (Kniss)


Supplemental Item* 27.

Accept report from Children, Seniors and Families Committee on meeting of June 25, 2009. (Cortese)

Possible action:

  • Accept report relating to the Child Welfare System Improvement Plan and the Child Welfare Quarterly Report. (Item 4)

  • Authorize the Social Services Agency to submit the System Improvement Plan to the California Department of Social Services. (Item 4)

  • Accept Committee agenda items 6-10 as Board information only.
Transmittal BOS D3 04 08-11-09 : Children, Seniors & Families Committee - June 25, 2009
June 25, 2009 CSFC Agenda (Miscellaneous)
Item 4-Transmittal (Miscellaneous)
Item 4-System Improvement Plan (Miscellaneous)
Item 4-Practice Enhancement Goals (Miscellaneous)
Item 4-Services Practice Framework (Miscellaneous)
Item 4-Self Assessment (Miscellaneous)
Item 4-April 2009 Child Welfare Qrtly Report (Miscellaneous)
Supp Info 1 - Memo from SSA clarifying the SIP (Miscellaneous)

* 28.

There is no report from Board Delegates to the Santa Clara Valley Transportation Authority (VTA). (Gage, Kniss)


Supplemental Item* 29.

Accept report from Board Delegate to the Metropolitan Transportation Commission relating to meeting of July 22, 2009. (Yeager)

Supp. Info 1 - Transmittal (Miscellaneous)

* 30.

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


Supplemental Item* 31.

Accept report from Board Delegates to the Bay Area Air Quality Management District relating to meeting of July 1, 2009. (Kniss, Yeager)

Supp. Info. 1 - Report (Miscellaneous)

County Executive

32.

Accept report from Acting County Executive.


* 33.

Adopt Resolution consenting to change of control of the cable franchise held by Charter Communications Inc., under its Chapter 11 Bankruptcy restructuring. (Roll Call Vote)

Transmittal CE03 081109
Form 394 (Miscellaneous)
Resolution Approving Change of Control of Franchise (Resolution)

* 34.

Consider funding recommendations for the Stanford Affordable Housing Fund.

Possible action:

  1. Approve funding allocations from the Stanford Affordable Housing Fund (Stanford Fund) totaling $960,000 for one affordable housing project.

  2. Approve delegation of authority to the Acting County Executive, or designee, to sign a letter of commitment for the recipient for funding, following approval by County Counsel as to form and legality. Delegation of authority shall expire on December 31, 2010.

  3. Approve delegation of authority to the Director, Office of Affordable Housing, or designee, to negotiate, execute, and amend all legal documents such as contracts, loan agreements, deeds of trust, promissory notes, subordination agreements, assignment agreements, amendments, and estoppel agreements to fund the approved 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 August 31, 2014.
Transmittal CE04 081109

* 35.

Consider recommendations relating to Agreement for training of volunteer fire fighters in underserved areas.

Possible action:

  1. Approve Cooperative Fire Protection Services Agreement with the California Department of Forestry and Fire Protection (CAL FIRE), relating to providing fire protection training services, during the official non-fire season, to Volunteer Fire Companies in the underserved areas, in the amount of $32,669.59, for period July 1, 2009 through June 30, 2010.

  2. Adopt Resolution approving CAL FIRE Agreement No. 1CA00887 for fire protection training services from July 1, 2009 through June 30, 2010. (Roll Call Vote)
Transmittal (Miscellaneous)
CAL FIRE Agreement (Agreements and Amendments)
CAL FIRE Resolution (Resolution)

* 36.

Consider recommendations relating to Emergency Management Performance Grant funds.

Possible action:

  1. Accept 2009 Emergency Management Performance Grant (EMPG) award.

  2. Approve Request for Appropriation Modification No. 24 - $294,110 increasing revenue and expenditures in the Office of the County Executive budget. (4/5 Roll Call Vote)
Transmittal CE08 081109
Appropriation Modification - F85 (A - Multiple Recommendations)
2009 EMPG Grant Distribution Worksheet (A - Multiple Recommendations)

* 37.

Consider recommendations relating to Fiscal Year (FY) 2009 Buffer Zone Protection Program (BZPP) Grant.

Possible action:

  1. Adopt Resolution delegating authority to the County Executive, or designee, to take action necessary for the purpose of obtaining such grant funds, including executing grant applications, grant agreements, grant budget modifications, reimbursement requests, and subsequent amendments with the Federal Department of Homeland Security and the Governors Office of Homeland Security within the operational area relating to the FY 2009 BZPP Grant for period February 13, 2009 through December 31, 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 December 31, 2012. (Roll Call Vote)

  2. Accept award of FY 2009 BZPP grant funds.

  3. Approve Request for Appropriation Modification No. 28 - $194,000 increasing revenue and expenditures in the Office of the County Executive budget. (4/5 Roll Call Vote)
Transmittal CE09 081109
Fiscal Year 2009 BZPP Governing Body Resolution (Resolution)
Fiscal Year 2009 BZPP F85 (A - Multiple Recommendations)

38.

Under advisement from June 16, 2009 Budget Hearing (Item No. 38): Consider recommendations relating to Memorandum of Understanding (MOU) with the Arts Council Silicon Valley.

Possible action:

  1. Accept staff report.

  2. Approve MOU with the 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.

* 39.

Approve delegation of authority to the County Executive, or designee, to execute Third Amendment to Service Agreement with URS Corporation adding $25,000 to the contract and extending the term to December 31, 2010, and any further related documents to implement the purpose of the Agreement, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on December 31, 2010.

Transmittal CE06 081109
Original Amendment (Agreements and Amendments)
First Amendment (Agreements and Amendments)
Second Amendment (Agreements and Amendments)

* 40.

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

Transmittal CE02 081109
Board Referrals Matrix (Miscellaneous)

* 41.

Consider recommendations relating to use of Public Safety Interoperable Communications (PSIC) Grant Program funds.

 

Possible action:

  1. Approve expanded delegation of authority to the Director, County Communications, or designee, to negotiate, execute, amend and terminate Agreements relating to providing goods and services necessary to complete the Fiscal Year (FY) 2007 PSIC Grant project, in an amount not to exceed $5,721,511, for period August 11, 2009 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 will expire on September 30, 2010.

  2. Authorize single source purchase of Harris Corporation microwave radio equipment, engineering and installation services.

  3. Authorize single source purchase of TRAK Microwave Corporation global positioning system frequency time standard equipment.

  4. Authorize single source contract with Steve Jones for project management services.

  5. Authorize single source contract with Environmental Science Associates, Inc., for environmental compliance engineering and documentation services.
Transmittal CE05 081109
PSIC 2007 Grant Agreement - San Francisco City/County (Agreements and Amendments)

42.

Consider recommendations for addressing the General Fund deficit created by the approval of modifications to the Fiscal Year (FY) 2010 State budget.

Possible action:

  1. Accept report relating to impact of State Budget.

  2. Direct Administration to make a more specific determination of impacts to the County, including ramifications of borrowing against eight percent property tax loss, during August 2009.

  3. Consider updated information on August 25, 2009 relating to State budget impacts, including recommendations to adjust the FY  2010 approved budget to account for State reductions.
Transmittal CE07 081109
FY 2010 Impact of Revised State Budget on County Budget (Miscellaneous)
List of 4th Extraordinary Session Measures (Miscellaneous)
List of Mandate Revisions (Miscellaneous)

County Counsel

43.

Accept report from County Counsel on legal issues.


* 44.

Consider recommendations relating to conflict of interest codes.

Possible action:

  1. Approve the Conflict of Interest Code for the Burbank Sanitary District.

  2. Approve the Conflict of Interest Code for the Saratoga Fire Protection District.

  3. Approve the Conflict of Interest Code for the South Santa Clara County Fire District.

  4. Approve the Conflict of Interest Code for the Campbell Union High School District.

  5. Approve the Conflict of Interest Code for the Cupertino Union School District.

  6. Approve the Conflict of Interest Code for the Los Altos School District.

  7. Approve the Conflict of  Interest Code for the Mountain View-Los Altos Union High School District.

  8. Approve the removal of the Institute of Computer Technology from the list of local outside agencies with conflict of interest code requirements.
Transmittal CC01 081109
Burbank Sanitary District Conflict of Interest Code (Miscellaneous)
Saratoga Fire Protection District Conflict of Interest Code (Miscellaneous)
South Santa Clara County Fire District Conflict of Interest Code (Miscellaneous)
Campbell Union High School District Conflict of Interest Code (Miscellaneous)
Cupertino Union School District Conflict of Interest Code (Miscellaneous)
Los Altos School District Conflict of Interest Code (Miscellaneous)
Mountain View-Los Altos Union High School District Conflict of Interest Code (Miscellaneous)

* 45.

Consider recommendations relating to conflict of interest codes.

Possible action:

  1. Approve the newly adopted Conflict of Interest Code for the Measure A Citizens' Oversight Committee.

  2. Approve the removal of the three Sister-County Commissions (Province of Florence, Italy, Hsinchu County, Taiwan, and Moscow) from conflict of interest code requirements.
Transmittal CC02 081109
Conflict of Interest Code for Measure A Citizens' Oversight Committee (Miscellaneous)

Boards & Commissions

* 46.

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

Supervisor Gage (District 1):

Appointee Name

Board/Commission Name

  Lori Arnberg Advisory Commission for
    Persons with Disabilities
  William Carpenter Airports Commission
  Gale Bate Code Enforcement Appeals Board
  Captian Luther Pugh Domestic Violence Council
  Karen Fletcher  Domestic Violence Council
  George Guglielimo County of Santa Clara/Province
    of Florence, Italy, Sister-County Commission
  John Sorci County of Santa Clara/Province
    of Florence, Italy, Sister-County Commission
  Wei Wang County of Santa Clara/Hsinchu County, Taiwan
    Sister-County Commission
  Norman Abrahams Human Relations Commission
  Steven Levin Roads Commission
  Erin O'Brien Social Services Advisory Commission

Supervisor Shirakawa (District 2):

Appointee Name

Board/Commission Name

  Margaret Hardy Advisory Council to the Council on Aging
  Ronald Blake Airports Commission
  Marisa Melo Commission on the Status of Women
  William Ferguson Advisory Commission on Consumer Affairs
  Jyh Horng County of Santa Clara/Hsinchu County, Taiwan
    Sister-County Commission
  Marcel Pajuelo-Schwartz Council on Equal Employment Opportunities
  Carl Mc Grew Domestic Violence Council
  Rolanda Pierre-Dixon Domestic Violence Council
  David N. Tran Domestic Violence Council
  Phillip R. Gantt Fish and Game Commission
  Harry Hall Health Advisory Commission
  Ken Horowitz Health Advisory Commission
  Mariel Caballero Housing and Community Development
    Advisory Committee
  David Sisson Senior Care Commission

Supervisor Cortese (District 3):

Appointee Name

Board/Commission Name

  Karen Mazzanti Serpa County of Santa Clara/Province
    of Florence, Italy, Sister-County Commission
  Eve Orton Senior Care Commission
  Yollette Merritt Historical Heritage Commission
  Elinor Stetson Health Advisory Commission
  Edward Silverman Social Services Advisory Commission

Supervisor Yeager (District 4):

Appointee Name

Board/Commission Name

  Barbara Elia Cohen County of Santa Clara/Province
    of Florence, Italy, Sister-County Commission
  Jan Hintermeister Parks and Recreation Commission

Supervisor Kniss (District 5):

Appointee Name

Board/Commission Name

  Halsted Holman Health Advisory Commission
  Nancy Madison County of Santa Clara/Region of
    Moscow, Russia, Sister-County Commission
Transmittal BOS D3 01 08-11-09 : Individual Appointment
Transmittal BOS D3 03 08-11-09 : Individual Appointments
Transmittal BOS2-081109-2 : BOARDS AND COMMISSIONS INDIVIDUAL APPOINTMENTS
Transmittal BOS4-081109-02 : Individual Appointments
Transmittal BOS 081109 1 : Appointments to various Boards and Commissions
Transmittal BOSD5-081109-03 : Boards and Commissions Appointments

* 47.

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

Appointee Name

Recommended By

Board/Commission

 

Arthur Boudrealt

Cortese

Certification Appeals Board

 

Imam Tahir Anwar

Cortese

Human Relations Commission

 

Walter Windus

Shirakawa

Airport Land Use Commission

  Cynthia Faulkner Shirakawa Public Authority for In-Home
      Supportive Services
  James Geiger Gage South Santa Clara County
      Fire District Board
  Margaret Joseph-Petros Kniss Child Abuse Council
  Peggy Cathcart Kniss Child Abuse Council
  Richard Patterson Kniss Public Authority for
      In-Home Supportive Services
Transmittal BOS D3 02 08-11-09 : Board As-A-Whole Appointments 
Transmittal BOS2-081109-3 : BOARD-AS-A-WHOLE APPOINTMENT
Transmittal BOSD5-081109-07 : Boards and Commissions Appointments
Transmittal BOS 081109 2 : Appointment to the South Santa Clara County Fire District Board.

48.

Approve recommendation from Santa Clara County Health Authority Governing Board to appoint Michele Lew, representative of the Community Health Partnership, to the Santa Clara County Health Authority Governing Board.

Transmittal (Miscellaneous)

Supplemental Item* 49.

Approve recommendations relating to resignations from Boards and Commissions.

  1. Accept resignation of George Davis from the Council on Equal Employment Opportunities for a four-year term expiring June 30, 2011. Appointee shall represent the African-American community at large. Position is rotating and remains with District 1 until term expiration. 

  2. Accept resignation of David Julian from the Public Authority for In-Home Supportive Services Advisory Board for a four-year term expiring June 30, 2010. Appointee shall be a consumer-mobility impaired person who is an advocate for the disabled and currently serves or who has served on a disability advisory committee, board, or commission within Santa Clara County. Position is rotating and remains with District 5 until term expiration.

  3. Accept resignation of Susan Brain from the Parks and Recreation Commission for a four-year term expiring June 30, 2010. Appointee shall represent the public at large. Position is rotating and remains with District 5 until term expiration.

  4. Accept resignation of Lata Patil 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 5.
Transmittal BC01-081109
Supp Info 1 - Resignation from Parks and Recreation Commission (Miscellaneous)

Law & Justice

* 50.

Approve delegation of authority to the District Attorney, or designee, to amend, extend, or terminate Agreement with the Superior Court to provide legal services for dependent children and accept reimbursement in an amount not to exceed $100,000 for period July 1, 2009 through August 15, 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.

Transmittal DA02 081109
MOU FY07-FY09 (Agreements and Amendments)
MOU Extension Through 15 August 2009 (Agreements and Amendments)

* 51.

Adopt Resolution delegating authority to the District Attorney, or designee, to execute a Standard Agreement with the State Employment Development Department (EDD) for the purpose of obtaining wage and employment verification in public assistance fraud cases, including any documents necessary to extend or amend the Agreement that have no fiscal implications 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 December 31, 2012 and shall not exceed $40,000 during this period. (Roll Call Vote)

Transmittal DA03 081109
Resolution (Resolution)

* 52.

Approve delegation of authority to the District Attorney, or designee, to enter into an Agreement with Silicon Valley FACES relating to providing services to crime victims and witnesses in an amount not to exceed $1,847,897, for period July 1, 2009 through June 30, 2010, and to increase dollar amount above $1,847,897 if additional grant funding becomes available with no negative impact on the County General Fund, 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 DA04 081109
DRAFT Service Agreement (Agreements and Amendments)

* 53.

Approve delegation of authority to the Chief of Correction, or designee, to negotiate, execute, amend, or terminate revenue Agreements with Sonoma County and any other California County relating to housing mentally ill inmates at the Santa Clara County Department of Correction (DOC) for period July 1, 2009 through June 30, 2011, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive.  Delegation of authority shall expire on June 30, 2011.

Transmittal DOC01 081109

* 54.

Adopt Resolution establishing new fees and fee increases for the Probation Department. (Roll Call Vote)

Transmittal PRO01 081109
Probation Fee Resolution and Attachment (Resolution)
Probation Fees Schedule (Miscellaneous)

* 55.

Approve delegation of authority to the Chief Probation Officer, or designee, to negotiate, execute, amend, and terminate Agreement with the California Department of Corrections and Rehabilitation (CDCR), relating to providing diagnostic studies, treatment services, and temporary detention for case referrals from the Juvenile or Criminal Courts in an amount not to exceed $40,000 for period August 17, 2009 through June 30, 2011, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2011.

Transmittal PRO02 081109

* 56.

Approve delegation of authority to the Chief Probation Officer, or designee, to extend Service Agreement with Gardner Family Care Corporation beyond the five-year limit, relating to providing sexual abuse and sex offender treatment services to youth residing at the William F. James Boys Ranch and Muriel Wright Residential Center, in an amount not to exceed $41,800 for period August 24, 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 PRO03 081109

* 57.

Consider recommendations relating to Unity Care Group, Inc., Service Agreements.

Possible action:

  1. Approve delegation of authority to the Chief Probation Officer, or designee, to negotiate, execute, amend, or terminate a retroactive Service Agreement with Unity Care Group, Inc., relating to providing a residential co-occurring disorder program to at-risk youth in an amount not to exceed $30,912 for period July 1, 2009 through September 30, 2009, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on September 30, 2009.


  2. Approve reconciliation action to compensate Unity Care Group, Inc., for services delivered under the Fiscal Year 2009 Service Agreement relating to providing residential co-occurring disorder program to at-risk youth in an amount not to exceed $4,896 for period August 18, 2008 through June 30, 2009.
Transmittal PRO04 081109

58.

Consider recommendations relating to Agreement with the County of San Mateo relating to the Northern California Regional Intelligence Center.

Possible action:

  1. Approve delegation of authority to the Sheriff and County Executive, or designee, to negotiate, execute, amend, and terminate Agreement with the County of San Mateo relating to the Northern California Regional Intelligence Center in an amount not to exceed $165,152 for period January 1, 2009 through June 30, 2010, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2010.

  2. Approve Request for Appropriation Modification No. 15 - $165,152 increasing revenue and expenditures in the Office of the Sheriff budget. (4/5 Roll Call Vote)
Transmittal SO01 081109
Attachment A (Appropriation Modification (F-85))

* 59.

Consider recommendations relating to the Tire Derived Product Grant Program.

Possible action:

  1. Accept grant from the California Integrated Waste Management Board in the amount of $41,370 for the Tire Derived Product Grant Program.

  2. Approve Request for Appropriation Modification No. 16 - $41,370 increasing revenue and expenditures in the Office of the Sheriff budget. (4/5 Roll Call Vote)

  3. Approve delegation of authority to the Sheriff, or designee, to negotiate, execute, amend, and terminate Agreement with the California Integrated Waste Management Board relating to providing tire derived products in an amount not to exceed $41,370 for period July 1, 2009 through June 30, 2010, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2010.
Transmittal SO02 081109
Attachment A (Appropriation Modification (F-85))

Finance Agency

60.

Accept presentation relating to bond issuance.

Possible action:

Adopt Resolution supplementing the County of Santa Clara Board of Supervisors' Resolution adopted April 21, 2009, which authorized the issuance of Orchard School District Election of 2001 General Obligation Bonds, Series A, in a principal amount not to exceed $22,000,000 relating to financing the acquisition or improvement of property in the District. (Roll Call Vote)

Transmittal F01 081109
Orchard School District Resolution (Resolution)
Orchard School District Validation Action (Miscellaneous)

* 61.

Adopt resolution relating to reimbursement from bond issuance proceeds.

Possible action:

Adopt Resolution authorizing the County of Santa Clara to reimburse certain expenditures from proceeds of future indebtedness. (Roll Call Vote)

Transmittal F02 081109
Reimbursement Resolution (Resolution)

1:30 p.m. Time Certain

* 62.

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

  1. Adopt Resolution proclaiming August 2009 as "Child Support Awareness Month" in Santa Clara County. (Department of Child Support Services)

  2. Adopt Resolution commending Denise Y. Hill as she retires after 34 years of service to the County of Santa Clara. (Office of the District Attorney)

  3. Ratify Resolution, presented on July 11, 2009, commending Alan and Phyllis Simpkins for distinguished service to San José State University. (Shirakawa)

  4. Ratify Resolution, presented on July 11, 2009, commending Chidori Band for bringing Japanese musical culture and traditions to the greater Santa Clara County community. (Yeager)

  5. Adopt Resolution commending Mountain View-Los Altos Community Scholars for dedication to promising students through financial support, mentorship, and the tools necessary to complete their college careers successfully. (Kniss)

  6. Adopt Resolution commending Palo Alto Medical Foundation for commitment as a not-for-profit organization to provide important healthcare services to the community. (Kniss)

  7. Adopt Resolution commending Cadence Design Systems, Inc., for dedication to various non-profit organizations in Santa Clara County. (Kniss)

Transmittal DCSS01 081109 : Resolution Proclaiming August 2009 as "Child Support Awareness Month"
Resolution Proclaiming August, 2009 as "Child Support Awareness Month" (A - Multiple Recommendations)
Transmittal DA01 081109 : Resolution of Commendation for Retiring Employee from the Office of the District Attorney
Resolution (Resolution)
Transmittal BOS2-081109-4 : Ratify Resolution presented to Alan and Phyllis Simpkins
Resolution (Resolution)
Resolution presented to Alan and Phyllis Simpkins (A - Multiple Recommendations)
Transmittal BOS4-081109-01 : Resolution commending Chidori Band
Resolution for Chidori Band (Resolution)
Transmittal BOSD5-081109-02 : Adopt/Present Resolution for Mountain  View-Los Altos Community Scholars
MVLA Com. Scholars Reso (Resolution)
Transmittal BOSD5-081109-08 : Adopt Resolution Resolution for Palo Alto Medical Foundation.
PAMF (Resolution)
Transmittal BOSD5-081109-06 : Adopt/Present Resolution for Cadence Design Systems, Inc.
Cadence Reso (Resolution)

* 63.

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

 Belinda Gamutan  Finance Agency
 Recording Division Supervisor I  Office of the Clerk-Recorder
   
 Mario A. Soto  Office of the District Attorney
 Criminalist III  Laboratory of Criminalistics
   
 Phuong Le  Probation Department
 Administrative Services Manager  Human Resources
   
 Karen Miles  Office of the Sheriff
 Confidential Secretary  Administration
   
 Hung Do  Social Services Agency
 Eligibility Work Supervisor  Department of Employment
   and Benefit Services
   Continuing Benefits Services Office
   
 Robin Diefenderfer  Santa Clara Valley Health
 Healthcare Program Analyst  and Hospital System
   Santa Clara Valley Medical Center
   Department of Radiology
   
 Gustavo Anaya  Santa Clara Valley Health
 Community Worker  and Hospital System
   Department of Mental Health
   Criminal Justice FSP
Transmittal CE01 081109

2:00 p.m. Hearing

64.

Under advisement from June 24, 2009 (Item No. 85): Hearing to consider purchase of real property known as Tulare Hill from Whiskey Hill Partners, LLC, necessary for public park purposes (Assessor's Parcel Nos. 706-11-002, 706-11-004, and 706-11-023), located between the Coyote Creek Parkway and Santa Teresa County Park, San Jose.

Possible action:

  1. Open public hearing and receive testimony.

  2. Close public hearing.

  3. Adopt Resolution to consummate purchase of Real Property and delegate authority to the Director, Parks and Recreation Department, or designee, to execute the Purchase Agreement, Certificate of Acceptance, and all other necessary documents relating to acquisition of Real Property in an amount not to exceed $1,890,000 for period August 11, 2009 through August 11, 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 11, 2010. (Roll Call Vote)
Transmittal PRK02 081109
Resolution to Consummate Purchase (County Property - Purchase-Lease-Sale)

2:00 p.m. Land Use Hearing

65.

Hearing to consider adoption of Ordinance No. NS-1200.326 amending Section 2.40.020 of Appendix A: Zoning of the Santa Clara County Ordinance Code to reinstate a footnote reference that was inadvertently omitted under a prior Board action.

Possible action:

  1. Open public hearing.

  2. Close public hearing.

  3. Adopt Ordinance No. NS-1200.326 correcting an inadvertent omission of a footnote reference in Ordinance No. NS-1200.324, adopted May 5, 2009, relating to wireless telecommunication facilities. (Roll Call Vote)
Transmittal PLN01 081109
Attachment 1: Correction Ordinance (Resolution)

66.

Hearing to consider request for proposed major modification to tentative map and cluster permit for a four-lot cluster subdivision for property located at 8655 Leavesley Road. Property of Leavesley Road Partners, LLC. (File No.3515-82-25-08CST) (Supervisorial District 1)

Possible action:

  1. Open public hearing and receive testimony.

  2. Close public hearing.

  3. Adopt Resolution adopting Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approving a tentative map and cluster permit for modification of a four-lot cluster subdivision at 8655 Leavesley Road. (Roll Call Vote)

OR

  1. Declare intent to deny request for tentative map and cluster permit and refer to County Counsel for preparation of findings.

Planning Commission considered item on June 4, 2009,

and recommends approval.

Transmittal PLN02 081109
Attachment 1 - Resolution (Resolution)
Exhibit A - Tentative Map (Land Use)
Exhibit B - Conditions of Approval (Land Use)
Exhibit C - Mitigated Negative Declaration (Land Use)
Exhibit D - Mitigation Monitoring & Reporting Program (Land Use)
Affidavit of Mailing (Miscellaneous)
Publication Order (Miscellaneous)

67.

Hearing to consider application for landmark designation for Montebello School, Assessors Parcel Number (APN) 351-24-011, located at 15101 Montebello Road, Cupertino. Property of the Montebello Elementary School District. (Supervisorial District 5)

Possible action:

  1. Open public hearing and receive testimony.

  2. Close public hearing.

  3. Adopt Resolution designating as a Landmark, pursuant to the provisions of Division C17 of the County of Santa Clara Ordinance Code, Montebello School, located at 15101 Montebello Road, Cupertino. (Roll Call Vote)

OR

  1. Deny landmark designation of Montebello School, APN 351-24-011, located at 15101 Montebello Road, Cupertino.

Planning Commission considered item on June 18, 2009, and recommends approval.

Request from Cupertino Union School District

to continue hearing to November 3, 2009.

Transmittal PLN05 081109
Resolution Designating Montebello School as a Landmark (Resolution)
Attachment 2: DPR 523 Series Forms for Montebello School (Miscellaneous)
Attachment 3: Application for Landmark Designation (Miscellaneous)
Cupertino Union School District request to continue (Miscellaneous)
Affidavit of Mailing (Miscellaneous)
Publication order (Miscellaneous)

Department of Planning and Development Services

* 68.

Under advisement from June 24, 2008 (Item No. 88): Adopt Resolution approving Rescission of Williamson Act Contracts and simultaneous entry into Open-Space Easement Agreements for Assessor's Parcel No. (APN) 742-02-008 located at 10050 Via Vespero, uniincorporated San Jose (Property of To Tuyenc Ngoc Ngo and Bichhang Thi Ngo); and, APN 742-01-040 located at Via Vespero, unincorporated San Jose (Property of Joe and Michelle Macchiarrella). (Roll Call Vote)

Transmittal PLN04 081109
Resolution Approving Rescission of Williamson Act Contracts and Simultaneous Entry Into Open Space Easements (Resolution)

69.

Introduction and preliminary 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 to waive reading. Roll Call Vote to adopt)

Transmittal PLN03 081109
Attachment 1 - Ordinance (Ordinances)
Attachment 2 - Notice from California Energy Commission (Miscellaneous)

Parks and Recreation Department

* 70.

Approve the Project, adopt plans and specifications, and authorize advertisement of Contract Documents for the Yurt Installation at Mount Madonna County Park.

Opening of Bids:

Thursday, September 17, 2009, at 2:00 p.m.,

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

Transmittal PRK01 081109
Notice to Bidders (Construction Documents)

* 71.

Consider recommendations relating to Notice of Intent to Purchase Real Property for Public Park Purposes (Rancho San Vicente).

Possible action:

  1. Adopt Resolution of Intent to Purchase Real Property, property known as "Rancho San Vicente," located at 21151-21275 McKean Road, San Jose, generally bounded by Calero County Park, McKean Road, rural properties, and Almaden Road. Property of Peninsula Open Space Trust (POST). (Roll Call Vote)

  2. Authorize Clerk of the Board to set Tuesday, September 15, 2009, at 2:00 p.m., as the date and time to consider acquisition of real property.

  3. Approve Request for Appropriation Modification No.14 - $16,245,000, transferring funds within the Parks and Recreation Department Acquisition Fund for County's acquisition of real property from POST. (Roll Call Vote)
Transmittal PRK03 081109
Budget Modification Request (F-85) (Appropriation Modification (F-85))
Resolution (Notice of Intent to Purchase Real Property) (County Property - Purchase-Lease-Sale)
Memo from Jones and Stokes regarding HCP (Miscellaneous)
Property Map (County Property - Purchase-Lease-Sale)

Department of Agriculture and Environmental Management

* 72.

Approve First Amendment to Agreement with South Valley Disposal and Recycling relating to providing garbage, recycling, and yard waste collection services for Unincorporated Garbage District 2, for period October 1, 2002 through December 31, 2009.

Transmittal AEM01 081109
Amendment to Extend Garbage Dist. 2 Franchise Agreement (Agreements and Amendments)
Exhibit A & B - Residential and Commercial Rates (Agreements and Amendments)

Roads & Airports

* 73.

Approve First Amendment to Agreement with Mark Thomas & Co., Inc., relating to providing professional engineering services for Replacement of Stevens Creek Bridges on Stevens Canyon Road (Bridges 37C0574, 37C0575, 37C0576, and 37C0577), Contract No. 09-14, increasing compensation by $70,000, from $520,000 to an amount not to exceed $590,000, and extending the term from March 31, 2010 to December 31, 2011.

Transmittal RA01 081109
First Amendment Agreement with Mark Thomas & Co. (Agreements and Amendments)
Original Agreement with Mark Thomas & Co. (Agreements and Amendments)

* 74.

Accept Report on Bids for construction of Santa Teresa Boulevard and Fitzgerald Avenue Intersection Signalization Project.

Possible action:

  1. Award contract to Trinchero Construction Co., Inc., in the amount of $283,612.85 which includes an allowance for Supplemental Work in accordance with the Contract Documents, and a construction time of 80 working days.

  2. Authorize the Director, Roads and Airports Department, to issue Change Orders against the allowance for Supplemental work and to approve modifications to the construction time.
Transmittal RA02 081109
Location Map (Construction Documents)
Supplement to Report on Bids (Miscellaneous)
Bidders Results List (Miscellaneous)

* 75.

Consider recommendations relating to Job Order Contract RAD-2008-01, Contract 08-15; Replacement of Uvas Creek Bridge at Uvas Road (Bridge No. 37C0093, New Bridge No. 37C0599), Federal Project No. BRLS-5937(077), Contract 07-18; San Tomas Expressway and Hamilton Avenue Intersection Improvements Project, Federal Project No. HP21L-5937(116), Contract 08-27; Security Improvements and Fence at Reid Hillview and South County Airports, FAA Project Nos. FAA AIP 3-06-0025-12 and FAA AIP 3-06-0229-07, Contract 07-25.

Possible action:

  1. Approve Contract No. 08-15, Job Order Contract RAD-2008 -01 as complete. Contractor - Wattis Construction Company, Inc.

  2. Approve Contract Change Order No. 1 Final - Replacement of Uvas Creek Bridge at Uvas Road (Bridge Number 37C0093, New Bridge No. 37C0599), Federal Project Number BRLS-5937(077), Contract 07-18. Contractor - Jones Brothers, Inc. Net decrease of $143,446.87 and a decrease of 104 working days.

  3. Approve Contract Change Order No. 1 Final - San Tomas Expressway and Hamilton Avenue Intersection Improvements Project, Federal Project No. HP21L-5937(116), Contract 08-27. Contractor - Wattis Construction Company, Inc. Net decrease of $74,091.69 and a decrease of 45 working days.

  4. Approve Contract Change Order No. 2 Final - Security Improvements and Fence at Reid Hillview and South County Airports, FAA Project Nos. FAA AIP 3-06-0025-12 and FAA AIP 3-06-0229-07, Contract 07-25. Contractor - FenceCorp, Inc. Net increase of $24,030.40 and no change in Contract time.

  5. Accept Project as complete and authorize Clerk of the Board to Execute Notice of Completion and Acceptance of Work on Contract 07-18, Replacement of Uvas Creek Bridge at Uvas Road (Bridge Number 37C0093, New Bridge No. 37C0599), Federal Project No. BRLS-5937(077). Contractor - Jones Brothers, Inc.

  6. Accept Project as complete and authorize Clerk of the Board to Execute Notice of Completion and Acceptance of Work on Contract 08-27, San Tomas Expressway and Hamilton Avenue Intersection Improvements Project, Federal Project No. HP21L-5937(116). Contractor - Wattis Construction Company, Inc.
Transmittal RA03 081109
Change Order 07-18 1-Final (Construction Documents)
Notice of Completion 07-18 (Construction Documents)
Change Order 07-25 2-Final (Construction Documents)
Change Order 08-27 1-Final (Construction Documents)
Notice of Completion 08-27 (Construction Documents)

* 76.

Accept Report on Bids for construction of County Unincorporated Roads Pavement Rehabilitation Project, Federal Project Number ESPL-5937 (133).

Possible action:

  1. Award contract to Granite Rock Company DBA Pavex Construction Division in the amount of $883,202.20 which includes an allowance for Supplemental Work in accordance with the Contract Documents, and a construction time of 30 working days.

  2. Authorize the Director, Roads and Airports Department, to issue Change Orders as necessary against the allowance for Supplemental Work and to approve modifications to construction time.

  3. Ratify Addendum No. 1.

  4. Approve Request for Appropriation Modification No. 25 - $980,000 increasing revenue and expenditures in the Roads and Airports Department budget. (4/5 roll call vote)
Transmittal RA04 081109
Location Map (Construction Documents)
Addendum 1 (Construction Documents)
F-85 (Construction Documents)

Facilities and Fleet

* 77.

Accept Project as complete and authorize Clerk of the Board to execute Notice of Completion of Contract and Acceptance of Work on Contract No. 06-02, Valley Health Centers Sunnyvale and Gilroy. Contractor - Swinerton Builders.

Transmittal FAF01 081109
Notice of Completion (Construction Documents)
Form of Warranty (Construction Documents)
Contractor's Release (Construction Documents)

Central Fire Protection District

* 78.

Adopt Resolution authorizing the implementation of Internal Revenue Code Section 414(H)(2) relating to pre-tax payroll deduction plan for service credit purchases. (Roll Call Vote)

Transmittal FD01 081109
Resolution to Authorize Pre-tax Payroll Deductions (Resolution)

South Santa Clara County Fire District

* 79.

Consider recommendations relating to the Cooperative Fire Protection Services Agreement.

Possible action:

  1. Approve Second Amendment to Agreement with the California Department of Forestry and Fire Protection (CAL FIRE) relating to providing fire protection services within the South Santa Clara County Fire District, including the area procted by Pacheco Forest Fire Station as allowed under Public Resources Code Section 4144, during the official non-peak wildfire season of each contract year, as declared by the State of California (mid-November to mid-May), in the amount of $4,265,357.49, for period July 1, 2009 through June 30, 2010, the third year of a five-year Agreement with two additional one-year extensions through June 30, 2012.

  2. Adopt Resolution approving the CAL FIRE Agreement No. 1CA00017 for fire protection and inspection services from July 1, 2009 through June 30, 2010. (Roll Call Vote)
Transmittal (Miscellaneous)
CAL FIRE Agreement Amendment (Agreements and Amendments)
CAL FIRE Resolution (Resolution)

* 80.

Approve Request for Appropriation Modification No. 13 - $1,375,000 transferring funds within the South Santa Clara County Fire District budget relating to the State budget and equipment purchase. (Roll Call Vote)

Transmittal (Miscellaneous)
Appropriation Modification No. 013 (Appropriation Modification (F-85))

Sanitation District

81.

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

Possible action:

  1. Accept Monthly Financial Reports from County Sanitation District No. 2-3 for period June 1, 2009 through July 31, 2009, and authorize payment of bills in an amount not to exceed $503,638.43.

  2. Direct Clerk of the Board to schedule hearing on September 29, 2009, at 2:00 p.m. to consider adoption of Resolution accepting the Sewer System Management Plan (SSMP).
Finance Agency Review (Miscellaneous)
Payment of Bills Transmittal (Miscellaneous)
Warrants Payable (Miscellaneous)
Monthly Financial Report (Miscellaneous)
SSMP Hearing Transmittal (Miscellaneous)
SSMP Plan (Miscellaneous)

Final Adoption of Ordinances

* 82. Final Adoption of Ordinance No. NS-300.802 repealing Chapter III, commencing with Section A27-27 of Division A27 of Title A of the County of Santa Clara Ordinance Code relating to the establishment of a Juvenile Hall Advisory Board. (Roll Call Vote)
JHAB_RepealOrdinance (Ordinances)

* 83. Final Adoption of Salary Ordinance No. NS-5.09.94 amending Santa Clara County Salary Ordinance No. NS-5.09 relating to the compensation of employees adding one Deputy Sheriff position in the Office of the Sheriff. (Roll Call Vote)
Salary Ordinance Amendment No. NS-5.09.94 (Ordinances)

Closing

84.

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

Adjourn in Memoriam



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