Roll Call.

Pledge of Allegiance.

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

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

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

Approve Summary of Proceedings of October 6, 2009, and minutes of September 29 and 30, 2009.

Authorize the Social Services Agency to submit the In-Home Supportive Services (IHSS) Fraud Investigation and Program Integrity Efforts Plan to the California Department of Social Services.

Approve Request for Appropriation Modification No. 79 - $248,000 increasing revenue and expenditures in the Social Services Agency, Senior Nutrition Program, for Nutrition Services for the Senior Congregate Meals Services and Home Delivered Meals Services. (4/5 Roll Call Vote)

Accept presentation from State Senator Elaine Alquist on 2009 State Legislative Activities Overview.

Accept report from the Public Health Officer relating to the need for continuation of Proclamation of Local Emergency, due to increasing human cases of 2009 H1N1 influenza virus in Santa Clara County, which was proclaimed by the Board of Supervisors on September 29, 2009, and last continued on October 6, 2009.

Consider recommendations relating to Public Health Preparedness Program - H1N1 Supplemental Allocation.

Possible action:

1. Approve delegation of authority to the Public Health Administrator, or designee, to negotiate, execute, amend, terminate, and take any and all necessary or advisable actions relating to Agreement with California Department of Public Health to provide Public Health Emergency Preparedness Services in an amount not to exceed $2,801,035 for period July 31, 2009 through July 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 July 30, 2011.

2. Approve Request for Appropriation Modification No. 78 - $2,801,035 increasing revenue and expenditures in the Public Health Department Pandemic Flu Trust Fund budget; $2,151,035 increasing revenue and expenditures and decreasing County General Fund in the Public Health Department budget; and, $650,000 increasing expenditures and expenditure reimbursement, decreasing revenue, and increasing County General Fund in the Santa Clara Valley Medical Center Budget. (4/5 Roll Call Vote)

Approve delegation of authority to the Public Health Administrator, or designee, to negotiate, execute, amend, terminate, and take any and all necessary or advisable actions relating to the Agreement with The Health Trust for the Fluoride Addition Project, in an amount not to exceed $23,000 for period October 20, 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.

Consider recommendations relating to Public Health Department HIV/AIDS Prevention and Control Program and Epidemiology and Data Management Unit.

Possible action:

1. Introduction and preliminary adoption of Salary Ordinance No. NS-5.10.31 amending Santa Clara County Salary Ordinance No. NS-5.10 relating to the compensation of employees deleting one Health Care Program Analyst II or Health Care Program Analyst I or Health Care Program Analyst Associate position and adding one Health Care Program Analyst I or Health Care Program Analyst Associate position and one Epidemiologist I position in the Public Health Department. (Roll Call Vote to waive reading, Roll Call Vote to adopt)

2. Approve Request for Appropriation Modification No. 75 - $8,087 increasing revenue and expenditures in the Public Health Department budget, and $8,087 reducing fund balance and increasing expenditures in the AIDS Education Trust Fund. (Roll Call Vote)

Consider recommendations relating to project closeout of contract No. 07-30 with S.J. Amoroso Construction Company, Inc. to construct Parking Structure No. 2 on the Santa Clara Valley Medical Center Campus (SCVHHS Project No. 200711257).

Possible action:

1. Approve Contract Change Order - Final – Construct Parking Structure No. 2, Contract No. 07-30, SCVHHS Project No. 200711257. Contractor - S. J. Amoroso Construction Company, Inc. Net increase of $2,223,955.04 and an increase of  34 calendar days.

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

Under advisement from August 25, 2009 (Item No. 19): Consider recommendations from Santa Clara Valley Medical Center relating to providing Positron Emission Tomography/Computed Tomography (PET/CT) Services.

Possible action:

1. Accept report relating to PET/CT services.

2. Approve delegation of authority to the Executive Director, Santa Clara Valley Medical Center Hospital and Ancillary Services, or designee, to negotiate, execute, amend, terminate, and take any and all necessary or advisable actions relating to Agreement with Alliance Imaging, Inc., to provide mobile PET/CT services in an amount not to exceed $1,030,000 for period November 1, 2009 through February 13, 2011, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on February 13, 2011.

Adopt Resolution delegating authority to Deputy County Executive, Employee Services Agency, to execute all documents and Agreements necessary to amend and restate the County of Santa Clara Internal Revenue Code (IRC) Section 125 Flexible Benefits Plan, comprised of the Dependent Care Assistance Plan, the Health Flexible Spending Account Plan, and the Premium Only Plan documents, to reflect updates and changes required by Federal regulations for plan compliance, and to increase the maximum annual limit to $5,000 for the Health Flexible Spending Account Plan, to become effective January 1, 2010, following approval by County Counsel as to form and legality. Delegation of authority shall expire on December 31, 2009. (Roll Call Vote)

Accept report from Board President.

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

Accept reports from members of the Board of Supervisors relating to meetings attended through October 14, 2009.

Refer to Administration a report back through the Finance and Government Operations Committee that evaluates potential opportunities and provides a cost/ benefit analysis of the County implementing Internal Revenue Service (IRS) Tax Code Section 132(F), Commuter Tax Benefits, in order to increase commute alternatives for employees. (Kniss)

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

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

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

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

There is no report from Legislative Committee. (Kniss)

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

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

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

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

Accept report from County Executive.

Approve Request for Appropriation Modification No. 81 - $632,000 transferring funds from the General Fund Contingency Reserve to the Clerk of the Board budget relating to business and technical requirements. (4/5 Roll Call Vote)

Held from September 15, 2009 (Item No. 37): Consider recommendations relating to emergency preparedness and management.

Possible action:

1. Adopt Resolution relating to the appointment of a County Executive Pro Tem and the Order of Succession in the County Executive's absence. (Roll Call Vote)

2. Adopt Designation of Applicant's Agents Resolution (State OES Form 130). (Roll Call Vote)

Under advisement from October 21, 2008 (Item No. 25): Accept report relating to impact of County's Local Preference Policy on the General Fund.

Request from Administration that item be held to November 10, 2009.

Approve delegation of authority to Director of Procurement, or designee, to continue with the solicitation process relating to providing patient monitoring equipment for a five-year period with an option to extend for two additional one-year extensions.  Delegation of authority shall expire on January 31, 2010.

Approve delegation of authority to Director of Procurement, or designee, to issue a solicitation relating to providing automated medication dispensing equipment and related services for a five-year period. Delegation of authority shall expire on March 31, 2010.

Consider recommendations relating to pharmacy distribution and related services.

Possible action:

• Approve delegation of authority to Director of Procurement, or designee, to negotiate, execute, amend, terminate, and take any and all necessary or advisable actions regarding Agreement No. 5500001401 with Cardinal Health, Inc., relating to providing pharmacy distribution and related services in an amount not to exceed $367,870,073 for period July 1, 2005 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.

• Approve delegation of authority to Director of Procurement, or designee, to issue a solicitation relating to providing pharmacy distribution and related services for a three-year period with an option to extend for two additional years. Delegation of authority shall expire on June 30, 2010.

Consider recommendations relating to custom surgical packs and medical surgical supplies distribution and related services.

Possible action:

• Approve delegation of authority to Director of Procurement, or designee, to negotiate, execute, amend, terminate, and take any and all necessary or advisable actions regarding Agreement No. 5500001281 with Professional Hospital Supply, Inc. (PHS), relating to providing custom surgical packs in an amount not to exceed $5,100,000 for period April 13, 2005 through August 2, 2010, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on August 2, 2010.

• Approve delegation of authority to Director of Procurement, or designee, to negotiate, execute, amend, terminate, and take any and all necessary or advisable actions regarding Agreement No. 5500001349 with PHS relating to providing medical surgical supplies distribution and related services in an amount not to exceed $74,000,000 for period August 3, 2005 through August 2, 2010, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on August 2, 2010.

• Approve delegation of authority to Director of Procurement, or designee, to issue a solicitation relating to providing custom surgical packs and medical surgical supplies distribution and related services for a three-year period with an option to extend for two additional years. Delegation of authority shall expire on August 2, 2010.

Approve delegation of authority to Director of Procurement, or designee, to negotiate, execute, amend, terminate, and take any and all necessary or advisable actions relating to Agreement No. 5500000391 with Motorola, Incorporated (Motorola) relating to providing Motorola public safety radios, voice and data communication equipment, and related services in an amount not to exceed $3,300,000 for period May 1, 2002 through December 31, 2009, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on December 31, 2009.

Consider recommendations from the Office of the County Executive relating to the transfer of responsibilities for trial court facilities pursuant to the Trial Court Facilities Act of 2002, from the County of Santa Clara (County) to the Judicial Council of California, Administrative Office of the Courts (AOC).

Possible action:

1. Approve First Amendment to Agreement with the AOC to extend transfer agreement pursuant to the Trial Court Facilities Act of 2002 (Senate Bill 1732), relating to certain real properties used as Court Facilities for the following leased Court Facilities: 111 N. Market Street, Suites 950 & 960; 111 W. St. John St, Suite 100; 115 Terraine Street; 170 Park Center Plaza; 935 Ruff Drive; 85 and 99 Notre Dame Ave, all properties in San Jose.

2. Approve delegation of authority to the County Executive, or designee, to grant consent or provide extensions of time periods in the Agreement, make any non-substantive changes and execute other documents determined to be necessary to implement the intent 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.

3. Approve delegation of authority to Director, Facilities and Fleet Department, or designee, to negotiate and execute amendments to existing Lease Agreements, if required, or if the transfers are necessary, to transfer or assign utility accounts relating to certain Court Facilities to the AOC 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.

4. Approve delegation of authority to Director of Procurement, or designee, to amend service contracts with Applied Power, Pacific Coast Trane Service, Reliant Water Management, San Jose Boiler Works, Sonitrol and any other vendor, relating to providing building equipment operations and maintenance services for the Court facilities and deleting references to Court facilities, 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.

Introduction and preliminary adoption of Ordinance No. NS-300.803 repealing Articles 2 and 4 of Chapter I of Division A18 of the Santa Clara County Ordinance Code relating to Santa Clara Valley Public Health Department and Santa Clara Valley Department of Alcohol and Drug Services; renumbering Articles 3 and 5 of Chapter I of Division A18 as Articles 2 and 3 of Chapter I of Division A18, respectively; and, adding Chapters II and III of Division A18 relating to Santa Clara County Public Health Department and Santa Clara County Department of Alcohol and Drug Services. (Roll Call Vote to waive reading, Roll Call Vote to adopt)

Adopt Resolution delegating authority to the County Executive, or designee, to negotiate, execute, amend, terminate, and take any and all necessary or advisable actions relating to Census 2010 Marketing Plan and Corporate Sponsorship Program with potential sponsors to provide sponsorhips in an amount not to exceed $25,000 for period October 26, 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)

Accept report from County Counsel on legal issues.

Accept report relating to Closed Session of October 19, 2009.

Approve recommendations relating to resignations from Boards and Commissions.

1. Accept resignation of Alison Brunner from the HIV Health Services Planning Council for a two-year term expiring December 31, 2009. Appointee shall be an employee of a community based organization serving the affected poulation. Position is rotating and remains with District 5 until term expiration.

2. Accept resignation of Imam Tahir Anwar from the Human Relations Commission for a four-year term expiring June 30, 2013. Appointee shall represent the Public at Large. Position is allocated to District 3.

Consider recommendations relating to the Office of Justice Programs, Bureau of Justice Assistance, Fiscal Year 2009 American Recovery and Reinvestment Act (ARRA) Edward Byrne Memorial Competitive Grant.

Possible action:

1. Accept Grant from the U.S. Office of Justice Programs, Bureau of Justice Assistance, in the amount of $782,866 for the Category IV, ARRA Edward Byrne Memorial Competitive Grant Program.

2. Approve Request for Appropriation Modification No. 67 - $782,866 increasing revenue and expenditures in the Office of the Sheriff budget. (4/5 Roll Call Vote)

3. Introduction and preliminary adoption of Salary Ordinance No. NS-5.10.30 amending Santa Clara County Salary Ordinance No. NS-5.10 relating to the compensation of employees adding three limited term Management Analyst or Associate Management Analyst B or Associate Management Analyst A positions in the Office of the Sheriff. Positions shall expire on June 30, 2011. (Roll Call Vote to waive reading, Roll Call Vote to adopt)

Consider recommendations relating to an Interagency Agreement between the County of Santa Clara Social Services Agency and the Office of the Sheriff for supplemental law enforcement services.

Possible action:

1. Approve delegation of authority to the Sheriff, or designee, to negotiate, execute, amend, terminate, and take any and all necessary or advisable actions relating to Interagency Agreement with the County of Santa Clara Social Services Agency to provide supplemental security law enforcement services in an amount not to exceed $148,764 annually, 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. Introduction and preliminary adoption of Salary Ordinance No. NS-5.10.29 amending Santa Clara County Salary Ordinance No. NS-5.10 relating to the compensation of employees adding one Deputy Sheriff position in the Office of the Sheriff. (Roll Call Vote to waive reading, Roll Call Vote to adopt)

3. Approve Request for Appropriation Modification No. 77 - $99,176 increasing revenue and expenditures in the Office of the Sheriff budget. (4/5 Roll Call Vote)

Adopt Resolution establishing the appropriations limit for Countywide Funds for Fiscal Year 2009-2010 (Gann Limit) that is subject to financial constraints under Article XIIIB of the State Constitution. (Roll Call Vote)

Accept presentation relating to participation in the Statewide Proposition 1A Securitization Program financing for the County of Santa Clara.

Possible action:

Adopt Resolution approving the form of and authorizing the execution and delivery of Purchase and Sale Agreement and related documents with respect to the sale of Santa Clara County's Proposition 1A receivable from the State; and directing and authorizing certain other actions in connection therewith, including authorizing the Director of Finance and the Controller-Treasurer as Authorized Officers for this financing. (Roll Call Vote)

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Recess to Lower Level Conference Room, County Government Center,

for the Annual Volunteer Luncheon.

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1. Ratify Resolution, presented on October 10, 2009, welcoming Silicon Valley Lions Club of Mountain View to Santa Clara County. (Kniss)

2. Adopt and present Resolution commending Beautiful Day's Project Restoration for its extraordinary service to Santa Clara County. (Shirakawa)

3. Adopt Resolution proclaiming October 2009 as "Filipino American History Month" in Santa Clara County. (Shirakawa)

4. Adopt Resolution commending San Jose Willow Glen Lions Club for tremendous dedication and wishing the Club and its members much success in all future service endeavors. (Cortese)

Consider recommendations relating to the County of Santa Clara Housing Element Update 2009-2014.

Possible action:

1. Accept status report.

2. Authorize submittal of responses to the State Department of Housing and Community Development (HCD) comments and a Revised Draft Housing Element Update 2009-2014, dated October 21, 2009, to the HCD for further review and comment.

3. Direct staff to provide a status report regarding any further comments received from HCD and to return to the Board of Supervisors for a public hearing to adopt the Housing Element Update at the earliest opportunity in the Winter of 2009/2010.

Accept Report on Bids for Installation of Yurts at Mount Madonna County Park.

Possible action:

1. Award contract to Kilik General Engineering, Inc., in the amount of $179,950 with a construction time of 90 calendar days.

2. Approve encumbrance of additional $17,995 as Supplemental Work Allowance (SWA) for a total encumbered amount of $197,945.

3. Authorize Parks Administration to issue Change Orders, as necessary, against the allowance for Supplemental Work and to approve modifications to the construction time.

4. Ratify Addendum Nos. 1 and 2.

Approve the Project, adopt plans and specifications, and authorize advertisement of Contract Documents for the Aqueduct Pump Replacement at Ed Levin County Park.

Adopt Resolution to consummate purchase of certain landscape improvements, authorize the President to execute certain documents, and delegate authority to the Director, Roads and Airports Department, to execute all other documents necessary for the transaction in accordance with the Agreement and in an amount not to exceed $29,000 for the period October 20, 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, 2009. (Roll Call Vote)

Approve the project, adopt plans and specifications, and authorize advertisement of Contract Documents for the Central Expressway Auxiliary Lane Project between Mathilda Avenue and Fair Oaks Avenue, Federal Project No. TCSPL08-5937 (128), subject to authorization by Caltrans to advertise the project.

Consider recommendations relating to the Elmwood Food Services Building Inmate Restroom, Project No. 263-CP08002.

Possible action:

1. Approve the Project, adopt plans and specifications, and authorize advertisement of Contract Documents for the Elmwood Food Services Building Inmate Restroom Project, Project No. 263-CP08002.

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

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

Adopt Resolution establishing the appropriations limit for the Santa Clara County Central Fire Protection District for Fiscal Year 2009-2010 (Gann Limit) in accordance with Article XIIIB of the California Constitution and Government Code Section 7910 and establishing period for contesting such limits. (Roll Call Vote)

Consider recommendations relating to participation in the Statewide Proposition 1A Securitization Program financing for the South Santa Clara County Fire District.

Possible action:

• Adopt Resolution approving the form and authorizing the execution and delivery of Purchase and Sale Agreement and related documents with respect to the sale of South Santa Clara County Fire Protection District Proposition 1A receivable from the State; and directing and authorizing certain other actions in connection therewith, including authorizing the Fire Chief and Battalion Chiefs as Authorized Officers for the financing. (Roll Call Vote)

• Approve delegation of authority to the Fire Chief, or designee, to negotiate, administer, execute, amend, terminate, and take any and all necessary or advisable actions relating to adoption of the Resolution and execution of the Purchase and Sale Agreement and related documents with respect to the sale of South Santa Clara County's Proposition 1A receivable from the State for the period October 20, 2009 through September 30, 2013, 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, 2013.

Adopt Resolution establishing the appropriations limit for the South Santa Clara County Fire Protection District for Fiscal Year 2009-2010 (Gann Limit) in accordance with Article XIIIB of the California Constitution and Government Code Section 7910 and establishing period for contesting such limits. (Roll Call Vote)

Accept Monthly Financial Report from County Sanitation District No. 2-3 for period ending October 2009 and authorize payment of bills in an amount not to exceed $562,474.34.

Adopt Resolution certifying the Sewer System Management Plan (SSMP) as required by the statewide general waste discharge requirement for sanitary sewer systems. (Roll Call Vote) (Hearing closed on September 29, 2009, Item No. 54)

Final adoption of Salary Ordinance No. NS-5.10.27 amending Santa Clara County Salary Ordinance No. NS-5.10 relating to the compensation of employees adding two unclassified Office Specialist I positions and four unclassified Office Specialist III positions in the Office of the Clerk of the Board of Supervisors. The positions shall expire on May 1, 2011. (Roll Call Vote)

Final adoption of Salary Ordinance No. NS-5.10.25 amending Santa Clara County Salary Ordinance No. NS-5.10 relating to the compensation of employees adding one unclassified Deputy Sheriff position in the Office of the Sheriff. Position shall expire on February 20, 2011. (Roll Call Vote)

Final adoption of Salary Ordinance No. NS-5.10.24 amending Santa Clara County Salary Ordinance No. NS-5.10 relating to the compensation of employees adding one unclassified Warehouse Materials Handler position in the Public Health Department. Position shall expire on May 1, 2011. (Roll Call Vote)

Final adoption of Salary Ordinance No. NS-5.10.23 amending Santa Clara County Salary Ordinance No. NS-5.10 relating to the compensation of employees adding the classification and salary range for Asset Development Manager to the Salary Schedule, deleting the classification and salary range for Manager of Special Projects, deleting one Manager of Special Projects position, and adding one Asset Development Manager position in the Office of the County Executive. (Roll Call Vote)

Final adoption of Ordinance No. NS-5.10.22 amending Salary Ordinance No. NS-5.10 relating to the compensation of employees adjusting salaries for classifications represented by the Registered Nurses Professional Association (RNPA), providing a four percent general wage increase; and, adjusting salaries for employees in Physician Assistant-Primary Care classifications represented by Service Employees' International Union (SEIU) Local 521 and for employees in nursing-related classifications represented by County Employees Management Association (CEMA). (Roll Call Vote)

Final adoption of Salary Ordinance No. NS-5.10.26 amending Santa Clara County Salary Ordinance No. NS-5.10 relating to the compensation of employees deleting one Stock Clerk position and adding one Office Specialist II position in the Social Services Agency. (Roll Call Vote)

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

Adjourn in Memoriam