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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


Jeffrey V. Smith
County Executive

Miguel Marquez
Acting County Counsel

Maria Marinos
Clerk of the Board
AGENDA
September 15, 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 Adelante Dual Language Academy Folkoric Dancers from Alum Rock Union School District.

Transmittal BOS2-091509-4 : INVOCATOR FOR BOARD OF SUPERVISORS MEETING.

.

Announce names of individuals in whose honor and memory today's meeting is dedicated: Katrina Smathers, Helen M. Jarvis.

Transmittal BOSD5-091509-07 : Adjourn In Memoriam
Transmittal BOS D3 03 9-15-09 : Adjourn in Memoriam

Public Issues

1.

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


2.

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

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


* 3.

Approve Summary of Proceedings and minutes of August 25, 2009.

Summary of Proceedings of 8/25/09 (Miscellaneous)

Assessor

4.

Adopt Resolution authorizing a one-time waiver of the $30 filing fee for the Applications for Changed Assessment, including a refund to those persons who have already paid the fee, provided all of the following conditions have been met (Roll Call Vote): 

  1. A person affected or the person’s agent, or a relative mentioned in Property Tax Rule 317, timely filed a PROP 8 (DECLINE-IN-VALUE) REQUEST FORM requesting review of the 2009-10 assessed value of the property on or before the Assessor’s August 15, 2009 deadline; and

  2. The Application for Changed Assessment is filed with the Clerk of the Board between August 10, 2009 and September 15, 2009 inclusive; and, either the Assessor did not complete the review prior to August 31, 2009 or an Application for Changed Assessment was filed after August 10, 2009 but prior to notification by the Assessor of the results of the review pursuant to the PROP 8 (DECLINE-IN-VALUE) REQUEST FORM; and

  3. Any Application for Changed Assessment filed in 2009, which is withdrawn based on the result of the Assessor’s review, must be withdrawn on or before October 30, 2009.
Transmittal ASR01 091509
August 28, 2009 Transmittal (Miscellaneous)
Resolution (Resolution)

Social Services Agency

5.

Consider recommendations relating to transition of the Children's Shelter.

Possible action:

  1. Accept report on the transition of the Children’s Shelter Residency Program to a Receiving, Assessment, and Intake Center (RAIC) effective October 1, 2009.

  2. Introduction and preliminary adoption of Salary Ordinance No. NS-5.10.09 amending Santa Clara County Salary Ordinance No. NS-5.10 relating to the compensation of employees deleting 51 various positions with an implementation date of October 18, 2009, and deleting three positions with an implementation date of January 10, 2010. (Roll Call Vote to waive reading, Roll Call Vote to adopt)

  3. Introduction and preliminary adoption of Salary Ordinance No. NS-20.09.04 amending Executive Management Salary Ordinance No. NS-20.09 relating to the compensation of employees deleting one Children's Shelter Director position in the Social Services Agency with an implementation date of January 10, 2010. (Roll Call Vote to waive reading, Roll Call Vote to adopt)

  4. Approve Request for Appropriation Modification No. 56 - $1,305,206 transferring funds within the Social Services Agency budget for intensive high level out-of-home placement services. (Roll Call Vote)
Transmittal SSA01 091509
Salary Ordinance Amendment No. NS-5.10.09 (Ordinances)
Salary Ordinance Amendment No. NS-20.09.04 (Ordinances)
Appropriation Modification No. 56 (Appropriation Modification (F-85))

* 6.

Introduction and preliminary adoption of Salary Ordinance No. NS-5.10.16 amending Santa Clara County Salary Ordinance No. NS-5.10 relating to the compensation of employees deleting two vacant unclassified Accountant Assistant positions and adding two unclassified Accountant III or Accountant II positions in the Social Services Agency. Positions shall expire on September 30, 2010. (Roll Call Vote to waive reading, Roll Call Vote to adopt)

Transmittal SSA02 091509
Salary Ordinance Amendment No. NS-5.10.16 (Ordinances)

In-Home Supportive Service Public Authority

* 7.

Consider recommendations relating to extension of Agreements for providing insurance benefit plans for eligible In-Home Supportive Services (IHSS) Independent Providers (IP).

Possible action:

  1. Approve delegation of authority to the County Executive, or designee, to amend existing Medical Benefit Plan Agreement with Valley Health Plan and take any and all necessary or advisable actions relating to the Agreement; and, to extend the term of Agreement from September 30, 2009 to November 30, 2009, in an amount not to exceed the current monthly rate of $430.39 per eligible participating IP enrollee, 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 November 30, 2009.

  2. Approve delegation of authority to the County Executive, or designee, to amend existing Dental Benefit Plan Agreement with Liberty Dental and take any and all necessary or advisable actions relating to the Agreement; and, to extend the term of Agreement from September 30, 2009 to November 30, 2009, in an amount not to exceed the current monthly rate of $25.80 per eligible participating IP enrollee, 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 November 30, 2009.

  3. Approve delegation of authority to the County Executive, or designee, to amend existing Vision Benefit Plan Agreement with Vision Service Plan (VSP) and take any and all necessary or advisable actions relating to the Agreement; and, to extend the term of Agreement from September 30, 2009 to November 30, 2009, in an amount not to exceed the current monthly rate of $8.58 per eligible participating IP enrollee, 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 November 30, 2009.

  4. Approve delegation of authority to the County Executive, or designee, to negotiate, execute, amend, terminate, and take any and all necessary or advisable actions relating to a health benefit plan with Valley Health Plan, subject to negotiations with Service Employees' International Union (SEIU)  Local 521, currently underway, regarding the labor contract for IPs, at a monthly rate to be determined per eligible participating IP enrollee, for period December 1, 2009 through November 30, 2010, with two additional one-year extensions that are each subject to a possible new premium rate and annual appropriation of funds, 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 November 30, 2012.

  5. Approve delegation of authority to the County Executive, or designee, to negotiate, execute, amend, terminate, and take any and all necessary or advisable actions relating to a three-year dental benefit plan with Liberty Dental, subject to negotiations with SEIU  Local 521, currently underway, regarding the labor contract for IPs, at a monthly rate of $26.96 per eligible participating IP enrollee, for period December 1, 2009 through November 30, 2010, at a monthly rate of $27.36 for period December 1, 2010 through November 30, 2011, and a monthly rate of $28.32 for period December 1, 2011 through November 30, 2012, following approval by County Counsel as to form and legality, approval by the Office of the County Executive, and subject to annual appropriation of funds. Delegation of authority shall expire on November 30, 2012.

  6. Approve delegation of authority to the County Executive, or designee, to negotiate, execute, amend, terminate, and take any and all necessary or advisable actions relating to a three-year vision benefit plan with Vision Plan of America, subject to negotiations with SEIU  Local 521, currently underway, regarding the labor contract for IPs, at a monthly rate of $6.81 per eligible participating IP enrollee, for period December 1, 2009 through November 30, 2012, following approval by County Counsel as to form and legality, approval by the Office of the County Executive, and subject to annual appropriation of funds. Delegation of authority shall expire on November 30, 2012.
Transmittal IHSS01 091509

Health & Hospital System

8.

Consider recommendations relating to Agreement with FIRST 5 Santa Clara County for the "Let's Go! Let's Grow!" Public Health Nursing Home Visitation Program.

Possible action:

  1. Accept Letter of Award from FIRST 5 Santa Clara County relating to providing funding for the "Let’s Go! Let's Grow!" Program, in the amount of $264,825 for period July 1, 2009 through December 31, 2009.

  2. 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 FIRST 5 Santa Clara County to provide "Let's Go! Let's Grow" Program services, in an amount not to exceed $264,825 for period July 1, 2009 through December 31, 2009, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on December 31, 2009.

  3. Approve Request for Appropriation Modification No. 49 - $64,825 increasing revenue and expenditures in the Public Health Department budget. (4/5 Roll Call Vote)
Transmittal HHS01 091509
First 5 Letter of Intent (Agreements and Amendments)
PHD HV First 5 Appropriation Modification (Appropriation Modification (F-85))

* 9.

Consider recommendations relating to the Traffic Safety Integration and Coordination Project.

Possible action:

  1. Accept Letter of Award from the State Office of Traffic Safety relating to the Traffic Safety Integration and Coordination Project, in an amount not to exceed $513,832.24 for period October 1, 2009 through September 30, 2010.

  2. 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 State Office of Traffic Safety to provide the Traffic Safety Integration and Coordination Project, in an amount not to exceed $513,832.24 for period October 1, 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 shall expire on September 30, 2010.

  3. Introduction and preliminary adoption of Salary Ordinance No. NS-5.10.19 amending Santa Clara County Salary Ordinance No. NS-5.09 relating to the compensation of employees deleting one Health Education Specialist or Health Education Associate position, one half-time Management Aide position, and one Office Specialist III position and adding one half-time Office Specialist III position in the Public Health Department. (Roll Call Vote to waive reading, Roll Call Vote to adopt)

  4. Approve Request for Appropriation Modification No. 51 - $46,470 decreasing revenue and expenditures in the Public Health Department budget and increasing revenue and expense in the Roads and Airports Department budget. (Roll Call Vote)
Transmittal HHS03 091509
OTS Award Letter (Agreements and Amendments)
TSCN Appropriation Modification (Appropriation Modification (F-85))
Salary Ordinance Amendment No. NS-5.10.19 (Ordinances)

* 10.

Consider recommendations relating to the Public Health Department Travel/Adult Immunization Clinic.

Possible action:

  1. Introduction and preliminary adoption of Salary Ordinance No. NS-5.10.05 amending Santa Clara County Salary Ordinance No. NS-5.10 relating to the compensation of employees deleting one half-time Clinical Nurse III or Clinical Nurse II or Clinical Nurse I position and adding one half-time Public Health Nurse II or Public Health Nurse 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. 21 transferring funds within the Public Health Department budget. (Roll Call Vote)
Transmittal HHS04 091509
Appropriation Modification (Appropriation Modification (F-85))
PHD Travel Clinic Salary ordinance amendment (Personnel Recommendations)

11.

Consider recommendations relating to sexually transmitted disease prevention and control services.

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 the California Department of Public Health relating to providing sexually transmitted disease prevention and control services, in an amount not to exceed $151,826 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.

  2. Approve Request for Appropriation Modification No. 45 - $72,768 decreasing revenue and expenditures in the Public Health Department budget. (Roll Call Vote)
Transmittal HHS05 091509
STD Award letter from CDPH (Agreements and Amendments)
CDPH STD Appropriation Modification (Appropriation Modification (F-85))

12.

Consider recommendations relating to grant award for the Valley Homeless Healthcare Program.

Possible action:

  1. Accept non-competitive grant award from Health Resources and Services Administration for American Recovery and Reinvestment Act - Capital Improvement Program in the amount of $419,505 for period June 29, 2009 through June 28, 2011.

  2. Approve Appropriation Modification No. 52 - $419,505 increasing revenue and expenditures in Santa Clara Valley Medical Center Capital budget. (4/5 Roll Call Vote)
Transmittal HHS06 091509
Bascom CIP grant award (Miscellaneous)
F85 VHHP Bascom CIP (Appropriation Modification (F-85))

Supplemental Item13.

Held from August 25, 2009 (Item No. 17): Introduction and preliminary adoption of Salary Ordinance No. NS-5.10.14 amending Santa Clara County Salary Ordinance No. NS-5.10 relating to the compensation of employees adding six Revenue Control Analyst positions in the Santa Clara Valley Medical Center. (Roll Call Vote to waive reading, Roll Call Vote to adopt)

Transmittal HHS13 082509
Salary Ordinance Amendment No. NS-5.10.14 (Ordinances)
Supp Info 1 - Memo from County Executive on tracking mechanism (Miscellaneous)

* 14.

Consider recommendations relating to Santa Clara Valley Health and Hospital System (SCVHHS), Santa Clara Valley Medical Center (SCVMC).

Possible action:

  1. Approve job specification for classification of Clinical Documentation Analyst.

  2. Introduction and preliminary adoption of Salary Ordinance No. NS-5.10.17 amending Santa Clara County Salary Ordinance No. NS-5.10 relating to the compensation of employees adding the classification and salary range for Clinical Documentation Analyst to the Salary Schedule and adding two Clinical Documentation Analyst positions in the SCVHHS, SCVMC. (Roll Call Vote to waive reading, Roll Call Vote to adopt)
Transmittal ESA03 091509
Clinical Documentation Analyst Job Specification (Personnel Recommendations)
Salary Ordinance No. NS-5.10.17 (Ordinances)

Employee Services Agency

* 15.

Ratify tentative Extension Agreement with the Deputy Sheriffs' Association (DSA), extending the current labor contract from September 6, 2010 through September 2, 2012.

Transmittal ESA01 091509
Extension Agreement (Miscellaneous)

* 16.

Ratify tentative Extension Agreement with the District Attorney Investigators, Association (DAIA), extending the current labor contract from September 6, 2010 through September 2, 2012.

Transmittal ESA02 091509
Extension Agreement (Miscellaneous)

* 17.

Consider recommendations from Employee Services Agency related to the Executive Management Salary Ordinance.

Possible action:

  1. Approve new job specification for the classification of Chief Operating Officer.

  2. Introduction and preliminary adoption of Salary Ordinance No. NS-20.09.05 amending Salary Ordinance No. NS-20.09 relating to the compensation of employees deleting one Assistant County Executive position and adding one Chief Operating Officer position in the Office of the County Executive, deleting Footnote 3, and Revising Section 9. (Roll Call Vote to waive reading, Roll Call Vote to adopt).
Transmittal ESA04 091509
NS-20.09.05 (Ordinances)
Chief Operating Officer (Personnel Recommendations)

Board of Supervisors

* 18.

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

  1. President Kniss traveled to Seattle, Washington, to attend the National Association of Public Hospitals Annual Conference on June 25, 2009; and, to Marina del Rey, California, to attend the California State Association of Counties Executive Committee meeting on August 20, 2009.

  2. Assessor Lawrence Stone will travel to San Francisco, California, to attend the Urban Land Institute Fall meeting on November 3-5, 2009.

  3. Sheriff Laurie Smith will travel to Detroit, Michigan, to attend the Major County Sheriffs' Conference on September 28-October 1, 2009; and, to Ventura, California, to attend the October California State Sheriffs' Association (CSSA) Board of Directors meeting on October 7-8, 2009.
District 5 Travel Memo (Miscellaneous)
Assessor Travel Memo (Miscellaneous)
Sheriff Travel Memo (Miscellaneous)

* 19.

Accept reports from members of the Board of Supervisors relating to meetings attended through September 9, 2009.

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

20.

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

Refer to Employee Services Agency a request to bring forward through the Finance and Government Operations Committee the parameters for a Whistleblower Program. (Cortese)

Transmittal BOSD3 01 08-25-09 : Whistleblower Program for the County of Santa Clara

* 21.

Accept donation of aspirin and ear wax removal aid from the 2009 Senior Games recently held in Palo Alto, California. (Kniss)

Transmittal BOSD5-091509-06

* 22.

Approve amended Agreement with property owners George and Joanne Hall relating to contributing to the County Low and Moderate Income Housing Program regarding Uvas Estates Subdivision (Tract No. 8226) located at Uvas Road and Eastman Canyon Road, Morgan Hill (File No. 1050-59-28-80S), extending deadline for payment of fee from December 31, 2010 to December 31, 2012. (Gage)

Transmittal BOS 091509 1
2007 Ammended Agreement (A - Multiple Recommendations)
Draft 2009 Ammended Agreement (Agreements and Amendments)

23.

Accept report from Housing, Land Use, Environment, and Transportation Committee relating to meeting of August 20, 2009. (Gage)

Possible action:

  1. Under advisement from April 7, 2009 (Item No. 8): Consider recommendations on policy options to allow placement of shed and other accessory buildings on land that does not have a residence, agricultural, or other primary structure. (Committee Item 5)
  2. Under advisement from December 9, 2008 (Item No. 72): Consider recommendations relating to preferred strategies to guide preparation of a Green Building Ordinance for multi-family residential and non-residential buildings. (Committee Item 7)

  3. Under advisement from June 9, 2009 (Item No. 29): Consider recommendations relating to the feasibility of operating the portion of Henry W. Coe State Park (Coe State Park) that lies within the borders of Santa Clara County, should the State budget cut to the State Parks and Recreation Department result in the closure of Coe State Park. (Committee Item 11)

  4. Accept Committee agenda items 6, 8-9, and 12-16 as Board information only.
Transmittal BOS 091509 3
August 20, 2009 Agenda (Miscellaneous)
Item 5 Transmittal (A - Multiple Recommendations)
Item 5 Board Referral (A - Multiple Recommendations)
Item 7 Transmittal (A - Multiple Recommendations)
Item 7 Comparison Multi-Family Residential Green Building Programs (A - Multiple Recommendations)
Item 7 Comparison of Non-Residential Green Building Program (A - Multiple Recommendations)
Item 7 SCC Cities Assoc. Green Building Collaborative recommendations (A - Multiple Recommendations)
Item 7 LEED Point Summary (A - Multiple Recommendations)
Item 7 USE and Occupancy Classifications 2007 CA Building Code (A - Multiple Recommendations)
Item 7 Green Point Rated Point Summary (A - Multiple Recommendations)
Item 7 Proposed Exempt Structures (A - Multiple Recommendations)
Item 7 Responses to Supervisor Gage's Questions from May 21, 2009 HLUET Meeting (A - Multiple Recommendations)
Item 11 Transmittal (A - Multiple Recommendations)
Item 11 Summery of Findings (A - Multiple Recommendations)
Item 11 Summary Henry Coe State Park Operating Cost Analysis (A - Multiple Recommendations)
ITem 11 Henry Coe State Park Map (A - Multiple Recommendations)

* 24.

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


* 25.

Accept report from Health and Hospital Committee relating to meeting of August 19, 2009. (Kniss)

Possible action:

Accept Committee agenda items 4-23 as Board information only.

Transmittal BOSD5-091509-02
8/19/09 HHC Agenda (Miscellaneous)

* 26.

Accept report from Finance and Government Operations Committee (FGOC) relating to meeting of August 20, 2009. (Yeager)

Possible action:

  1. Approve FGOC recommendations relating to the Management Audit of the County Garage and Vehicle Fleet, as indicated in the audit matrix. (Committee Item 6)

  2. Consider Fiscal Year 2009-2010 Annual Work Plan from the County of Santa Clara/Region of Moscow, Russia, Sister-County Commission.

  3. Accept Committee agenda items 4, 5, 8, and 10-12 as Board information only.
Transmittal BOS4-091509-02
Fleet Audit Matrix (Miscellaneous)
8/20/09 FGOC Agenda (BOARD COMMITTEE)
FY 2009-2010 Moscow, Russia Sister-County Commission Work Plan (Miscellaneous)

* 27.

Accept report from Legislative Committee relating to meeting of August 13, 2009. (Kniss)

Possible action:

  1. Approve sending a letter to Psycho Donuts in Campbell, California, relating to mental health.

  2. Accept Committee agenda items 4-6 and 8-9 as Board information only.
Transmittal BOSD5-091509-01
August 2009 Legislative Committee Agenda (Miscellaneous)
Letter to Psycho Donuts (A - Multiple Recommendations)
Item 4-State Budget Update (Miscellaneous)
Item 5-State Update on Health Care Reform Legislation currently in Congress (Miscellaneous)
Item 6-Summary of "Cap and Trade and related Federal legislation (Miscellaneous)
Item 8-State and Federal Update (Miscellaneous)

Revised Supplemental Item28.

Accept report from Children, Seniors, and Families Committee relating to meeting of August 27, 2009. (Cortese)

Possible action:

  1. Approve delegation of authority to the Director of Procurement, or designee, to negotiate, execute, amend, terminate, and take any and all necessary or advisable actions relating to Agreement No. 5500001221 with Relizon Company (dba WorkflowOne) relating to providing CalWIN client correspondence printing and mailing services in an amount not to exceed $3,124,000 for period January 6, 2010 through January 7, 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 January 7, 2011.

  2. Accept Committee agenda items 5-12 as Board information only.
Committee Agenda (Miscellaneous)
Supp Info 1 - Transmittal from Supervisor Cortese (Miscellaneous)
Supp Info 1a - Transmittal from SSA to CSFC (Miscellaneous)

* 29.

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


* 30.

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


* 31.

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


* 32.

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


County Executive

33.

Accept report from County Executive.


Supplemental Item34.

Consider recommendations relating to Fiscal Year (FY) 2010 State budget reductions.

Possible action:

  1. Accept department impact statements relating to potential State budget pass-through reductions.

  2. Accept updated and/or revised information relating to fiscal impact of State budget reductions.

  3. Accept revised schedule for process to address FY 2010 State budget impacts.
Transmittal CE02 091509
Attachment A: Department Impact Statements FY 2010 State Budget Pass-Through Reductions (Miscellaneous)
Attachment B: FY 2010 State Budget Reductions General Fund Impact (Summary) (Miscellaneous)
Attachment C: FY 2010 Impact of Revised State Budget on County Budget (Miscellaneous)
August 25, 2009 Transmittal on State Budget Impacts (Miscellaneous)
Supp. Info 1 - Power Point Presentation (Miscellaneous)

Supplemental Item35.

Consider recommendations relating to the Public Awareness Campaign for the electronic Regional Emergency Notification System to be known as AlertSCC.

Possible action:

  1. Approve delegation of authority to the County Executive, or designee, to negotiate, execute, amend, terminate, and take any and all necessary or advisable actions relating to Agreement with the City of San Jose to grant County funds for a County-wide public awareness campaign for the electronic Regional Emergency Notification System, in an amount not to exceed $245,000 for period September 16, 2009 through June 30, 2010, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2010.

  2. Approve delegation of authority to the County Executive, or designee, to conduct a solicitation, negotiate, execute, amend, terminate, and take any and all necessary or advisable actions relating to Agreement with the successful bidder or offeror to implement a public awareness campaign for the electronic Regional Emergency Notification System, in an amount not to exceed $490,000 for period November 2009 through September 30, 2011, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on September 30, 2011.

  3. Approve Request for Appropriation Modification No. 55 - $245,000 increasing revenue and expenditures in the Office of the County Executive budget. (Roll Call Vote)
Transmittal CE08 091009
Appropriation Modification (Appropriation Modification (F-85))
Supp Info 1 - Memo from County Executive on change in news conference date (Miscellaneous)

* 36.

Adopt Resolution authorizing performance of election services by the Registrar of Voters and consolidation of elections for various cities, schools, and special districts to be held on November 3, 2009. (Roll Call Vote)

Aldercroft Heights County Water District Los Altos School District 
Burbank Sanitary District Orchard School District 
City of Cupertino Palo Alto Unified School District 
City of Palo Alto  Patterson Joint Unified School District
City of Sunnyvale  San Martin County Water District 
Cupertino Sanitary District Santa Clara Unified School District 
Cupertino Union School District Silver Creek Valley County Club 
  Geologic Hazard Abatement District
Foothill-DeAnza Community College District South Santa Clara Valley Memorial District
Fremont Union High School District Sunnyvale School District 
Lion's Gate Community Services District  West Bay Sanitary District 
Transmittal CE03 091509
Resolution by the Board of Supervisors (Resolution)
EXHIBIT 1 to the Resolution by the BOS (Miscellaneous)

* 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)
Transmittal CE07 091509
Order of Succession Resolution (Resolution)
Applicant Agent Resolution (Resolution)

* 38.

Consider recommendations relating to providing solid waste collection, disposal, and recycling services for County facilities.

Possible action:

  1. Approve Agreement with Allied Waste Services of Santa Clara County (Allied) relating to providing solid waste collection, disposal, and recycling services, in an amount not to exceed $5,000,000 for period October 1, 2009 to September 30, 2014.


  2. Approve delegation of authority to the Director, Procurement Department, or designee, to negotiate, amend, execute, administer, enforce, terminate and take any and all necessary or advisable actions relating to Agreement with Allied, 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, 2014.

Transmittal CE09 091509
Agreement with Allied Waste for Solid Waste Collections (Agreements and Amendments)

* 39.

Approve delegation of authority to the Director, Procurement Department, or designee, to negotiate, execute, amend, terminate, and take any and all necessary or advisable actions relating to Agreement No. 5500001039 with Vignette Corporation (Vignette) for providing Vignette licenses and related maintenance, support, and services, in an amount not to exceed $2,150,000 for period June 21, 2002 through September 30, 2010, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on September 30, 2010.

Transmittal CE10 091509

* 40.

Ratify delegation of authority to the Director, Procurement Department, or designee, to negotiate, execute, amend, terminate, and take any and all necessary or advisable actions relating to Agreement No. 5500001547 with SideMark Corporate for providing modular and free-standing office furniture, in an amount not to exceed $20,000,000 for period September 12, 2006 through September 12, 2010, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on September 12, 2010.

Transmittal CE11 091509

* 41.

Approve delegation of authority to the Director, Procurement Department, or designee, to negotiate, execute, amend, terminate, and take any and all necessary or advisable actions relating to Agreement No. 5500000942 with Hewlett Packard (HP) for providing workstations, desktops, laptops, monitors, and related services, in an amount not to exceed $19,000,000 for period February 11, 2003 through April 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 April 30, 2010.

Transmittal CE12 091509

* 42.

Approve delegation of authority to the Director of Procurement, or designee, to negotiate, execute, amend, terminate, and take any and all necessary or advisable actions relating to Agreement No. 5500001554 with Pivot Interiors, Inc., for providing specialty medical area furniture and related services, in an amount not to exceed $3,000,000 for period October 1, 2006 through October 1, 2010, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on October 1, 2010.

Transmittal CE13 091509

* 43.

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

Transmittal CE06 091509
Board Referrals Matrix (Miscellaneous)

County Counsel

44.

Accept report from County Counsel on legal issues.


45.

Accept report relating to Closed Session of September 14, 2009.


Boards & Commissions

* 46.

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

Supervisor Shirakawa (District 2):

Appointee Name

Board/Commission Name

  Javier Gonzalez Guadalupe Flood Control
    (Central Zone)

Supervisor Kniss (District 5):

Appointee Name

Board/Commission Name

  Joanne Prolo Province of Florence, Italy
    Sister-County Commission
  Neil Salem Advisory Commission on
    Consumer Affairs
  Karen Anton Senior Care Commission
  Patricia Erwin Commission on the Status of Women
  Jordan Eldridge Health Advisory Commission
Transmittal BOS2-091509-1 : BOARDS AND COMMISSIONS INDIVIDUAL APPOINTMENT
Transmittal BOSD5-091509-09 : Board and Commission Appointments

* 47.

Approve Request for Appropriation Modification No. 42 - $5,000 recognizing funds from the Fish and Game Commission expenditure account for reconstruction of four ponds in the Wildlife Center of Silicon Valley aquatic bird enclosure. (Roll Call Vote)

Transmittal BC02-091509
WCSV funding proposal (Miscellaneous)
F-85 No. 042 (Miscellaneous)

48.

Approve recommendations relating to resignations from Boards and Commissions.

Possible action:

Accept resignation of Michelle Mai from the Domestic Violence Council for a three-year term expiring June 30, 2010. Appointee shall be a member of the public-at-large. Position is allocated to District 3.

Transmittal BC03-091509

Law & Justice

* 49.

Ratify Grant Application submitted by the Office of the District Attorney to the United States Department of Justice relating to grant funding for the Prosecution and Prevention Program for Mortgage and Foreclosure Fraud, in the amount of $469,679 for period July 1, 2009 through June 30, 2011.

Transmittal DA02 091509
Grant Application (Grant Application)

* 50.

Consider recommendations relating to the American Recovery and Reinvestment Act (ARRA) Internet Crimes Against Children (ICAC) Initiative.

Possible action:

  1. Ratify Grant Application submitted by the Office of the District Attorney to the United States Department of Justice relating to grant funding for the ICAC Research Program, in the amount of $2,607,724 for period December 1, 2009 through December 1, 2012.

  2. Ratify Grant Application submitted by the Office of the District Attorney to the United States Department of Justice relating to grant funding for the ICAC Task Force Training and Technical Assistance Program, in the amount of $2,924,628 for period December 1, 2009 through November 30, 2012.
Transmittal DA04 091509
Grant Application - ICAC Research Grant (Grant Application)
Grant Application - ICAC Task Force Training & Technical Assistance (Grant Application)

* 51.

Consider recommendations relating to the Victim Witness Assistance Center.

Possible action:

  1. Ratify Grant Application submitted by the District Attorney to the California Emergency Management Agency (CalEMA) relating to the Fiscal Year (FY) 2010 Victim Witness Assistance Program - Victims of Crime Act (VOCA) Grant, in the amount of $36,318 for period July 1, 2009 through June 30, 2010.

  2. Adopt Resolution delegating authority to the District Attorney, or designee, to negotiate, execute, amend, terminate, and take any and all necessary or advisable actions relating to the FY 2010 Victim Witness Assistance Program – VOCA Grant with CalEMA to provide victim and witness services, in an amount not to exceed $36,318, for period July 1, 2009 through June 30, 2010, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on December 31, 2010. (Roll Call Vote)


  3. Ratify Grant Application submitted by the District Attorney to CalEMA relating to grant funding for the FY 2010 Victim Witness Assistance Recovery Act - Violence Against Women Act (VAWA) Stimulus Grant, in the amount of $24,461 for period July 1, 2009 through June 30, 2010.

  4. Adopt Resolution delegating authority to the District Attorney, or designee, to negotiate, execute, amend, terminate, and take any and all necessary or advisable actions relating to the FY 2010 Victim Witness Assistance Recovery Act - VAWA Stimulus Grant with CalEMA to provide victim and witness services, in an amount not to exceed $24,461 for period July 1, 2009 through June 30, 2010, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on December 31, 2010. (Roll Call Vote)

  5. Approve Request for Appropriation Modification No. 54 - $108,504 increasing revenue and expenditures in the Office of the District Attorney budget. (4/5 Roll Call Vote)
Transmittal DA05 091509
Apropriation Modification (Appropriation Modification (F-85))
Resolution VAWA (Resolution)
Resolution VOCA (Resolution)

* 52.

Approve delegation of authority to the Chief of Correction, or designee, to extend the existing contract with Correctional Institutions Chaplaincy, Inc. (CIC) to continue providing religious services for inmates in an amount not to exceed $50,000 for period October 1, 2009 through December 31, 2009, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive.  Delegation of authority shall expire on December 31, 2009.

Transmittal DOC01 091509

53.

Consider recommendations relating to the Office of the Public Defender review of Sexual Assault Review Team (SART) videotape cases.

Possible action:

  1. Introduction and preliminary adoption of Salary Ordinance No. NS-5.10.18 amending Santa Clara County Salary Ordinance No. NS-5.10 relating to the compensation of employees adding one unclassified Attorney I-Public Defender position and one half-time unclassified Office Specialist I position in the Office of the Public Defender. Positions shall expire on March 30, 2011. (Roll Call Vote to waive reading, Roll Call Vote to adopt)

  2. Approve Request for Appropriation Modification No. 57 - $122,200 transferring funds from the Contingency Reserve to the Office of the Public Defender budget. (4/5 Roll Call Vote)
Transmittal PDO 091509
Salary Ordinance Amendment No. NS-5.10.18 (Ordinances)
F85 (A - Multiple Recommendations)

* 54.

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 a Memorandum of Understanding with the United States Department of Justice, Drug Enforcement Administration (DEA), to provide two Deputy Sheriffs to perform investigative services in a DEA task force for period September 30, 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 shall expire on September 30, 2010.

Transmittal SO01 091509

Finance Agency

* 55.

Approve Appropriation Modification No. YE-34, adjusting final Fiscal Year 2009 revenues and appropriations between objects and budget units. (Roll Call Vote)

Transmittal F01 091509
Final F85 No. 007 (Appropriation Modification (F-85))
Department Transmittals for Re-appropriation (Appropriation Modification (F-85))
F-85 No. YE-34 (Appropriation Modification (F-85))
Department Transmittal for Year End Clean up (Appropriation Modification (F-85))
Encumbrance Policy (Finance)

1:30 p.m. Time Certain

Revised Supplemental Item* 56.

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

  1. Adopt Resolution proclaiming the fourth Monday of every September as "Family Day - A Day to Eat Dinner with Your Children" in Santa Clara County. (Kniss)

  2. Adopt Resolution commending Mary Davey for decades of work on behalf of the environment, people of Santa Clara County, and the South San Francisco Bay Area. (Kniss)

  3. Adopt Resolution proclaiming the last week of September, 2009 as "Sea Otter Awareness Week" in Santa Clara County. (Kniss)

  4. Adopt Resolution commending Robert J. Masterson, Senior Supervising Deputy District Attorney, as he retires after 40 years of service to the County of Santa Clara. (Office of the District Attorney)

  5. Adopt Resolution commending Julian Armour, Senior Paralegal, as he retires after 20 years of service to the County of Santa Clara. (Office of the District Attorney)

  6. Adopt Resolution commending the Seventh Annual Diwali-Festival of Lights Celebration sponsored by the Asian American Business Council of the Cupertino Chamber of Commerce. (Kniss)

  7. Adopt and present Resolution commending the Oak Grove High School Eaglebot Robotics Team for their inspirational finish at the Global Educational Robotics Competition in Washington D.C., and for motivating youth to pursue interest in science and technology. (Cortese)

  8. Adopt Resolution, presented on September 13, 2009, commending South Valley Community Church as it celebrates its 25th Anniversary. (Gage)

  9. Adopt Resolution proclaiming September 19, 2009 as "Chu-Seok" in Santa Clara County. (Yeager)

  10. Adopt Resolution commending the Central YMCA on its 50th anniversary for efforts to create extraordinary experiences among kids, adults, families, and the entire community. (Shirakawa)

  11. Adopt and present Resolution proclaiming September 2009 as "Latino Health Awareness Month" in Santa Clara County. (Shirakawa)

Transmittal BOSD5-091509-03 : Adopt Resolution Proclaiming Family Day
Family Day (Resolution)
Transmittal BOSD5-091509-04 : Adopt Resolution for Mary Davey
Mary Davey (A - Multiple Recommendations)
Transmittal BOSD5-091509-05 : Adopt Resolution Proclaiming Sea Otter Awareness Week
Sea Otter Awareness (Resolution)
Transmittal DA01 091509 : Resolution of Commendation for Retiring Employee from the Office of the District Attorney
Resolution (Resolution)
Transmittal DA03 091509 : Resolution of Commendation for Retiring Employee from the Office of the District Attorney
Resolution (Resolution)
Transmittal BOSD5-091509-08 : Adopt Resolution
Transmittal BOS091509 2 : Ratify resolution presented on September 13, 2009, commending South Valley Community Church as it celebrates its 25th Anniversary.
Transmittal BOS4-091509-01 : Resolution proclaiming September 19, 2009 as "Chu-Seok" in Santa Clara County
Transmittal BOS2-091509-2 : Adopt Resolution commending the Central YMCA
Central YMCA (A - Multiple Recommendations)
Supp. Info 1 - Transmittals for Eaglebots and Latino Health Awareness (Miscellaneous)
Supp. Info 2 - Resolutions for Eaglebots, Diwali Festival of Lights, South Valley Church, Chu-Seok, and Latino Health Awareness (Resolution)

57.

Accept award from the 6th Annual International Integrated Pest Management Symposium. (President)

Transmittal BOS-D5-091509-07

* 58.

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

Tung Nguyen Office of the County Counsel
Information Systems Manager II Administration
   
Rhonda Mayne Department of Correction
Supervising Account Clerk I Fiscal Unit - Payroll
   
James Dinsmore Facilities and Fleet Department
Carpenter Building Operations
   
Constance Tauscher Office of the Registrar of Voters
Office Specialist II Voter Registration Division
   
Chi-Chih Koo Social Services Agency
Accountant III Department of Aging and Adult Services
  Senior Nutrition Program
   
Andria Hinckley, R.N. Santa Clara Valley

Clinical Nurse III

Health and Hospital System

 

Santa Clara Valley Medical Center

 

Nursing - Burn Unit

 

 

Phuong H. Nguyen, M.D.,

Santa Clara Valley

M.M.M.

Health and Hospital System

Chief of Gynecology

Santa Clara Valley Medical Center

 

Department of Obstetrics/Gynecology

 

 

Ryan Fong Department of
Civil Engineer  Planning and Development
Development Services Office
  Land Development Engineering
Transmittal CE01 091509

2:00 p.m. Hearing

59.

Hearing to consider proposed recommendations for a total of $717,484 from the Federal Homelessness Prevention and Rapid Re-Housing Program (HPRP) of the American Recovery and Reinvestment Act (ARRA). 

Possible action:

  1. Open public hearing and receive testimony.

  2. Close public hearing.

  3. Approve proposed allocations from the HPRP including $662,150 to Sacred Heart Community Service (Lead Agency) for homeless prevention and rapid re-housing services; $36,500 to Community Technology Alliance for data collection and evaluation; and, $18,834 to the Office of the County Executive, Office of Affordable Housing, for administration.

  4. Approve delegation of authority to the County Executive, or designee, to execute all necessary documents, as required by the Department of Housing and Urban Development (HUD), to receive HPRP/ARRA funds.

  5. Approve delegation of authority to the County Executive, or designee, to negotiate, execute, amend, terminate, and take any and all necessary or advisable actions relating to Agreement with Sacred Heart Community Services, in an amount not to exceed $662,150 for period October 1, 2009 through September 30, 2012, and Agreement with Community Technology Alliance, in an amount not to exceed $36,500 for period October 1, 2009 through September 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 September 30, 2012.

  6. Approve Request for Appropriation Modification No. 46 - $717,484 increasing revenue and expenditures in the Office of the County Executive, Office of Affordable Housing budget. (4/5 Roll Call Vote)
Transmittal CE04 091509
Attachment A - HPRP Funds Recommendation (Miscellaneous)
Appropriation Modification No. 046 (Appropriation Modification (F-85))
Hearing Notice (Miscellaneous)

60.

Hearing to consider purchase of real property, known as Rancho San Vicente, located at 21151-21275 McKean Road, generally bounded by Calero County Park, McKean Road, rural properties, and Almaden Road, from Peninsula Open Space Trust (POST) for park purposes.

Possible action:

  1. Open public hearing and receive testimony.

  2. Close public hearing.

  3. Adopt Resolution consummating purchase of real property and delegating authority to the Director, Parks and Recreation Department, or designee, to execute Purchase Agreement, Certificate of Acceptance, and all other necessary documents relating to acquisition of real property, in an amount not to exceed $16,245,000 for period September 15, 2009 through September 15, 2010, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on September 15, 2010. (Roll Call Vote)
Transmittal PRK02 091509
Resolution (Hearing to Consummate Purchase of Real Property) (County Property - Purchase-Lease-Sale)

61.

Hearing to consider the Draft Fiscal Year 2008-2009 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) and HOME Investment Act (HOME) Programs.

Possible action:

  1. Open public hearing and receive testimony.

  2. Close public hearing.

  3. Direct Administration to incorporate comments from the Board of Supervisors and the public, and submit the final FY 2008-2009 CAPER to HUD by September 30, 2009.
Transmittal CE05 091509
Proof of Publication (Miscellaneous)

2:00 p.m. Land Use Hearing

62.

Hearing to consider applications for Landmark designation and recommendations relating to applications for Historical Property Preservation (Mills Act) Contracts for El Vespero (New Almaden House No. 11, Assessor's Parcel Number (APN) 583-17-038), located at 21550 Almaden Road and the Bulmore House (New Almaden House No. 12, APN 583-17-037), located at 21560 Almaden Road, San Jose. Property of Frederick H. and Amanda B. Dill. (Supervisorial District 1)

Possible action:

  1. Open public hearing and receive testimony.

  2. Close public hearing.

  3. Adopt Resolution designating as landmarks, pursuant to Division C17 of the Santa Clara County Ordinance Code, El Vespero (CL09-012) and the Bulmore House (CL09-013), located at 21550 Almaden Road and 21560 Almaden Road, San Jose. (Roll Call Vote)

AND

  1. Approve Mills Act Contracts for El Vespero (New Almaden House No. 11) and the Bulmore House (New Almaden House No. 12) (Roll Call Vote)

OR

  1. Deny Landmark designation of El Vespero (New Almaden House No. 11) and the Bulmore House (New Almaden House No. 12).

Historical Heritage Commission considered item on August 20, 2009 and recommends approval of possible actions c and d.

Transmittal PLN01 091509
Resolution Designating El Vespero and the Bulmore House as Landmarks (Resolution)
Attachment 1: HHC Public Hearing Noticing (Hearings General)
Attachment 2: Mills Act Contract for El Vespero (Agreements and Amendments)
Attachment 3: Mills Act Contract for the Bulmore House (Agreements and Amendments)
Attachment 4: Supporting Documentation for El Vespero (DPR 523 Series Forms) (Miscellaneous)
Attachment 5: Supporting Documentation for the Bulmore House (DPR 523 Series Forms) (Miscellaneous)
Affidavit of Mailing (Miscellaneous)
Publication Information (Miscellaneous)

63.

Hearing to consider Resolution accepting offer of dedication for new storm drainage easement and summarily vacating an existing easement for storm drainage and public utilities on property located at 22181 Alderney Court, Los Altos. Property of Nickolas and Janet Vrionis. (Assessor's Parcel Nos. 326-12-023 and 326-12-093) (Supervisorial District 5)

Possible action:

  1. Open public hearing and receive testimony.

  2. Close public hearing.

  3. Adopt Resolution accepting offer of dedication for new storm drainage easement and summarily vacating an existing easement for storm drainage and public utilities on property located at 22181 Alderney Court, Los Altos. (Roll Call Vote)
Transmittal PLN02 091509
Location Map (Miscellaneous)
Application for Abandonment of Easement (Miscellaneous)
Clearances (Miscellaneous)
Resolution with Exhibits (Resolution)
Affidavit of Mailing (Miscellaneous)
Publication Information (Miscellaneous)

Parks and Recreation Department

* 64.

Approve the Project, adopt plans and specifications, and authorize advertisement of Contract Documents for the Power Upgrade for Calero Water System Project at Calero County Park.

Opening of Bids:

Thursday, October 15, 2009, at 2:00 p.m.,

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

Transmittal PRK01 091509
Notice to Bidders (Construction Documents)

Department of Agriculture and Environmental Management

* 65.

Adopt Resolution increasing the schedule of fees for export certification of plant shipments. (Roll Call Vote)

Transmittal AEM01 091509
Resolution to Increase Schedule of Fees (Resolution)

Roads & Airports

66.

Approve delegation of authority to the Director, Roads and Airports Department, to submit grant application to the United States Department of Transportation relating to Transportation Investment Generating Economic Recovery (TIGER) grant funds for various roadway and traffic operations improvements as part of a sustainable Intelligent Transportation System (ITS) Project on County expressways in the amount of $25,200,000 for Fiscal Year 2010.

Transmittal RA01 091509
Project Description (Grant Application)

* 67.

Consider recommendations relating to Fiscal Year 2010 Capital Projects budget.

Possible action:

  1. Approve Request for Appropriation Modification No. 39 - $13,902,850 increasing revenue and expenditures in the Roads and Airports Department budget. (4/5 Roll Call Vote)

  2. Approve reallocation of $686,555 of Proposition 1B funds from the completed Alamitos Tie Back Wall Project to general road maintenance activities.
Transmittal RA02 091509
FY 2010 Capital Projects (Appropriation Modification (F-85))
List of Capital Projects (Miscellaneous)

* 68.

Approve the Project, adopt plans and specifications, and authorize advertisement of Contract Documents for the Intelligent Transportation System Improvements on Bascom Avenue at Selected Intersections Project.

Opening of Bids:

Thursday, October 22, 2009 at 2:00 p.m.,

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

Transmittal RA04 091509
Location Map (Miscellaneous)
Notice to Bidders (Construction Documents)

Facilities and Fleet

* 69.

Accept Report on Bids for construction of Elevator Modernization at Main Jail South (new Project No. 263-CP10015/old Project No. 263-BL04006) and Juvenile Probation (new Project No. 263-CP10016/old Project No. 263-BL04007).

Possible action:

  1. Determine that the project will benefit the San Jose Redevelopment Agency's redevelopment project areas, that no other reasonable means of financing the project is available to the community, and that the use of redevelopment funds for the project will assist in eliminating one or more blighting conditions inside the redevelopment project area and is consistent with the Agency's implementation plan.

  2. Approve Request for Appropriation Modification No. 41 - $1,916,000 transferring funds within the Facilities and Fleet Department and transferring funds from the Trust Fund -RDA Contribution to the Facilities and Fleet Department Capital Fund budget to provide construction funding for two elevator modernization projects. (4/5 Roll Call Vote)

  3. Award contract to D.L. Falk Construction, Inc. in the amount of $1,138,000 with a construction time of 350 calendar days.

  4. Approve encumbrance of additional $169,500 as Supplemental Work Allowance (SWA) for a total encumbered amount of $1,307,500.

  5. Designate the Manager, Capital Programs Division, Facilities and Fleet Department, as the Owner’s Authorized Representative, with authority to issue change orders, as necessary, against the SWA and to approve modifications to the contract time.

  6. Ratify Addendum Nos. 1, 2, and 3.
Transmittal FAF01 091509
Addendum #1 (Construction Documents)
Addendum #2 (Construction Documents)
Addendum #3 (Construction Documents)
Bid Tabulation Sheet (Construction Documents)
Contract Information Sheet - Elevator Modernization (Construction Documents)
F-85 #041 $1.9M RDA Fund Transfer to MJS and Probation Elevator Projects (Appropriation Modification (F-85))

* 70.

Approve First Amendment to Lease Agreement with Ali Baba Corporation relating to premises located at 101 Jose Figueres Avenue, San Jose, in an amount not to exceed $23,100 per month in rent revenue for period October 1, 2009 through September 30, 2012.

Transmittal FAF02 091509
First Amendment to Lease Agreement (Agreements and Amendments)
Original Lease Agreement (Agreements and Amendments)
Mental Health 19th Amendment to Service Agreement with Ali Baba Corp. (Agreements and Amendments)

* 71.

Accept Report on Bids for construction of Junction Warehouse Improvements, Project No. 263-CP08018.

Possible action:

  1. Award contract to San Jose Construction Company, Inc., in the amount of $1,918,484 with a construction time of 270 calendar days.

  2. Approve encumbrance of additional $291,516 as Supplemental Work Allowance (SWA) for a total encumbered amount of $2,210,000.

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

  4. Ratify Addendum Nos. 1-4.
Transmittal FAF03 091509
Bid Tabulation Sheet (Construction Documents)
Contract Information Sheet (Construction Documents)
Addendum No. 1 (Construction Documents)
Addendum No. 2 (Construction Documents)
Addendum No. 3 (Construction Documents)
Addendum No. 4 (Construction Documents)

* 72.

Approve Lease Agreement with the City of Campbell for the County-owned portion of Campbell Park (Assessor's Parcel Nos. 412-09-047 and 412-09-048) located at East Campbell Avenue, Campbell, for use and maintenance as a public park for a term of 25 years effective from the date of execution of the Agreement by the County, with three additional ten-year terms. (4/5 Roll Call Vote)

Transmittal FAF04 091509
Lease Agreement with City of Campbell (Agreements and Amendments)

* 73.

Accept Report on Bids for construction of Alterations to New Vector Control Building, Project No. 263-CP07005.

Possible action:

  1. Approve Request for Appropriation Modification No. 53 - $2,717,000 transferring funds from the Vector Control District budget to the Facilities and Fleet Department, Capital Programs Division budget for the Alterations to New Vector Control Building, Project No. 263-CP07005. (4/5 Roll Call Vote)

  2. Approve request from Staples Construction, Inc., the original low-bidder, to withdraw bid.

  3. Award contract to Lyncon Construction, Inc., in the amount of $1,505,370 with a construction time of 300 calendar days.

  4. Approve encumbrance of additional $304,630 as Supplemental Work Allowance (SWA) for a total encumbered amount of $1,810,000.

  5. Designate the Manager, Capital Programs Division, Facilities and Fleet Department, as the Owner's Authorized Representative, with authority to issue change orders as necessary against the SWA and to approve modifications to the contract time.

  6. Ratify Addendum Nos. 1-3.

  7. Approve delegation of authority to the County Budget Director to administratively approve future Appropriation Modifications that would return any unspent Project funds to the Vector Control Fund after completion of construction.
Transmittal FAF05 091509
Appropriation Modification No. 053 (Appropriation Modification (F-85))
Staples Construction's Withdraw Request (Construction Documents)
Bid Tabulation Sheet (Construction Documents)
Contractor Informatino Sheet (Construction Documents)
Addendum No. 1 (Construction Documents)
Addendum No. 2 (Construction Documents)
Addendum No. 3 (Construction Documents)

Fire District

* 74.

Consider recommendations relating to establishment of a fee schedule for fire related services.

Possible action:

  1. Introduction and preliminary adoption of Ordinance No. 09.1 establishing Section A-6 of the South Santa Clara County Fire District Ordinance Code relating to an inspection fee schedule for fire related services in the South Santa Clara County Fire District. (Roll Call Vote to waive reading, Roll Call Vote to adopt)

  2. Approve Request for Appropriation Modification No. 50 - $80,000 increasing revenue and expenditures in the South Santa Clara County Fire District budget relating to a fee schedule for fire related inspection services. (4/5 Roll Call Vote)

  3. Approve delegation of authority to the Chief, South Santa Clara County Fire District, or designee, to negotiate, execute, amend, and take any and all necessary or advisable actions relating to a sole source contract with one of two fire inspectors for providing fire inspection services, in an amount not exceed $80,000 for period October 1, 2009 through September 30, 2010, with option for two additional one-year terms, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on September 30, 2012.
South County Fire Transmittal (Miscellaneous)
Ordinance No. 09.1 (Ordinances)
Appropriation Modification No. 050 (Appropriation Modification (F-85))
Fee Cost Comparison (Miscellaneous)
South County Fire Letter 5-17-07 (Miscellaneous)
Publication Information (Miscellaneous)

Final Adoption of Ordinances

* 75.

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

Salary Ordinance No. NS-5.10.11 (Ordinances)

* 76. Final Adoption of Salary Ordinance No. NS-20.09.03 amending Executive Management Salary Ordinance No. NS-20.09 relating to the compensation of employees adjusting the flat rate salary for the classifications of County Executive and County Counsel. (Roll Call Vote)
Ordinance NS-20.09.03 (A - Multiple Recommendations)

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

* 78. Final Adoption of Salary Ordinance No. NS-5.10.03 amending Santa Clara County Salary Ordinance No. NS-5.10 relating to the compensation of employees revising Footnote 609 to change the date of deletion of one Marriage and Family Therapist II or Marriage and Family Therapist I or Psychiatric Social Worker II or Psychiatric Social Worker I position in the Department of Alcohol and Drug Services from September 29, 2009 to September 30, 2010. (Roll Call Vote)
Salary Ordinance Amendment No. NS-5.10.03 (Ordinances)

* 79. Final Adoption of Salary Ordinance No. NS-5.10.06 amending Santa Clara County Salary Ordinance No. NS-5.10 relating to the compensation of employees adding one Health Services Representative position and one Public Health Nutrition Associate position in the Public Health Department. (Roll Call Vote)
Salary Ordinance Amendment No. NS-5.10.06 (Ordinances)

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

* 81.

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

Salary Ordinance Amendment NS-5.10.08 (Ordinances)
Attachment A (Ordinances)

* 82. Final Adoption of Salary Ordinance No. NS-5.10.13 amending Santa Clara County Salary Ordinance No. NS-5.10 relating to the compensation of employees adding the classification and salary range for the Parks Outdoor Recreation Coordinator to the salary schedule, deleting one Administrative Assistant position, and adding one Parks Outdoor Recreation Coordinator position in the Parks and Recreation Department. (Roll Call Vote)
Salary Ordinance No. NS-5.10.13 (Ordinances)

* 83.

Final Adoption of Salary Ordinance No. NS-5.10.15 amending Salary Ordinance No. NS-5.10 adding one four-fifths-time Marriage and Family Therapist II or Marriage and Family Therapist I or Psychiatric Social Worker I position in the Mental Health Department. (Roll Call Vote)

Salary Ordinance NS-5.10.15 (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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