BOARD OF SUPERVISORS

 

Susan Ellenberg, District 4, President

James R. Williams

Otto Lee, District 3, Vice President

County Executive

Sylvia Arenas, District 1

 

Cindy Chavez, District 2

Tony LoPresti

S. Joseph Simitian, District 5

County Counsel

 

 

 

Curtis Boone

 

Acting Clerk of the Board

AGENDA

February 6, 2024 9:30 AM

Regular Meeting

 

BOARD OF SUPERVISORS CHAMBERS
70 West Hedding Street, San Jose, CA 95110

 

This meeting will be held in person. Currently, members of the public may also view the meeting via online stream or participate remotely via video conference or telephone. To participate in the meeting remotely, please review the Public Comment Instructions below, then access the video conference at https://sccgov-org.zoom.us/j/93610130239 (recommended) or via telephone at 1 (669) 900-6833, meeting ID 93610130239# (participant ID not required).

 

Further instructions for viewing the meeting via online stream or participating remotely via video conference will be posted online at: www.sccgov.org/bosmeeting

 

Telephone (408) 299-5001

 

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
COUNTY LIGHTING SERVICE AREA
 

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.

 

-- Language interpretation services are available. Please contact the Office of the Clerk of the Board of Supervisors at (408) 299-5001 no less than three business days prior to the meeting to request an interpreter.

 

-- In compliance with the Americans with Disabilities Act and the Brown Act, persons requiring accommodation for the meeting should notify the Office of the Clerk of the Board of Supervisors at least 24 hours prior to the meeting at (408) 299-5001.

 

-- All reports and supporting material are available for review on the internet at santaclaracounty.primegov.com/public/portal 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 of Supervisors Chambers the day of the meeting.

 

-- Any disclosable public records relating 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, board, or committee) less than 72 hours prior to the meeting are available for public inspection at the Office of the Clerk of the Board, 70 West Hedding Street, 10th Floor, San Jose, during normal business hours.

 

-- Items that contain ordinance proposals may be adopted on the Consent Calendar.

 

-- Pursuant to Government Code Section 1091.5(a)(9), this notice is provided to disclose that the following Board Members have a non-interest in the identified government entities on which they serve that may contract with the County: Association of Bay Area Governments Executive Board (Lee, Ellenberg, Simitian); Bay Area Air Quality Management District (Lee); FIRST 5 Santa Clara County (Ellenberg); Local Agency Formation Commission (Arenas, Chavez, Lee); Metropolitan Transportation Commission (Chavez); San Francisco Bay Conservation and Development Commission (Lee); Valley Transportation Authority Board of Directors (Chavez, Lee); and, West Valley Sanitation District (Ellenberg, Simitian).

 

-- Commute Alternatives: The Board of Supervisors encourages the use of commute alternatives including bicycles, carpooling, and hybrid vehicles. Public transit access is available to and from the County Government Center, 70 West Hedding Street, San Jose by VTA Light Rail and bus line 61. For trip planning information, visit www.vta.org or contact the VTA Customer Service Department at (408) 321-2300. Bicycle parking racks are available in the James McEntee, Sr., Plaza in front of the County Government Center building.

 

Public Comment Instructions

Members of the public may provide public comments at this meeting as follows:

 

  •  Written public comments may be submitted at the meeting or by email to [email protected]. Written comments will be distributed to the Board as quickly as possible. Please note that it may take up to one business day for documents to be posted to the agenda outline.

 

  •  Spoken public comments may be provided to the Board in Chambers. Persons who wish to address the Board on an item scheduled on the Regular Agenda are requested to complete a Request to Speak Form and place it in the tray at the rear of Chambers for the purpose of the record (Government Code Section 54953.3). Request to Speak Forms must be submitted prior to the start of public comment for the desired item. For items on the Consent Calendar or added to the Consent Calendar, Request to Speak Forms must be submitted prior to the call for public comment on the Consent Calendar. Individual speakers will be called to speak in turn. Speakers are requested to limit their comments to the time specified by the President. The Board shall provide at least twice the allotted time to members of the public who utilize interpreters or translators, unless simultaneous translation equipment is used. Groups of speakers on a specific item are asked to limit their total presentation to a maximum of 20 minutes for each side of the issue. NOTE: The President may limit the number or duration of speakers on a matter (Rules of the Board, Section 18).

 

  •  Spoken public comments may also be provided remotely via video conference or telephone. To address the Board, click on the link above to access the Zoom-based meeting. Please read the following instructions carefully.

 

1.  You may download the Zoom client or connect to the meeting in-browser. If using your browser, make sure you are using a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer.

 

2. You will be asked to enter an email address and name. The Clerk requests that you identify yourself by name, which will be visible online and used by staff to verbally notify you when it is your turn to speak.

 

3.  When the Board President calls for the item on which you wish to speak, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. (Call in attendees press *9 to request to speak, and *6 to unmute when prompted.)

 

4.  When called to speak, please limit your remarks to the time limit allotted.

 

  •  NOTE: In the event that there are technical problems or disruptions that prevent remote public participation, the President has the discretion to continue the meeting without remote public participation options, provided that no Board member is participating in the meeting via teleconference.

 

  •  Persons wishing to use County resources to present audio/video materials when addressing the Board must provide the materials to the Office of the Clerk of the Board of Supervisors at least two business days in advance of the meeting. Speakers with audio/video materials must adhere to the same time limits as other speakers and will not be granted additional time to address the Board. The County does not guarantee the ability to present audio/video material, and the President may limit or prohibit the use of County resources for the presentation of such material.

 


Levine Act – Campaign Contributions (Government Code Section 84308)

As of January 1, 2023, the Levine Act (Government Code Section 84308) applies to Board of Supervisors proceedings involving a license, permit, or other entitlement for use. Board agenda items subject to the Levine Act are marked with the following notation after the description of the item:

 

  • (LA-1) for contract

 

  • (LA-2) for license

 

  • (LA-3) for permit

 

  • (LA-4) for other entitlement for use

 

Pursuant to Government Code Section 84308, no Board Member shall accept, solicit, or direct a contribution of more than $250 from any party or their agent, or from any participant or their agent, while a proceeding involving a license, permit, or other entitlement for use is pending before the County or for 12 months after a final decision is rendered in that proceeding. Any Board Member who has received a contribution of more than $250 within the preceding 12 months from a party or their agent, or from a participant or their agent, shall disclose that fact on the record of the proceeding and shall not make, participate in making, or in any way attempt to use their official position to influence the decision.

 

Pursuant to Government Code Section 84308(d), any party to a covered proceeding before the Board is required, and any participant to such a proceeding is strongly urged, to disclose on the record of the proceeding any contribution, including aggregated contributions, of more than $250 made within the preceding 12 months by them or their agent to any Board Member. The disclosure must include the name of the party or participant and any other person making the contribution, if any; the name of the recipient; the amount of the contribution; and the date the contribution was made. The disclosure shall occur in the manner required under Government Code Section 84308 and any applicable state or local regulations, opinions, or policies. No party or their agent, and no participant or their agent, shall make a contribution of more than $250 to any Board Member during the proceeding or for 12 months after a final decision is rendered in that proceeding.

 

The foregoing statements do not constitute legal advice, and parties and participants are urged to consult with their own legal counsel regarding the requirements of the law.

 

Disclosures pursuant to the Levine Act may be submitted online at the Office of the Clerk of the Board of Supervisors website at http://www.sccgov.org/levineact.


 

Call to Order

 

1.

Roll Call.

 

Opening

 

2.

Pledge of Allegiance.

 

3.

Invocation by Abbot Venerable Master Jian Sheng from the Chung Tai Zen Center of Sunnyvale.​ (Lee)

 

Ceremonial Presentations

 

4.

Announce Adjournments in Memoriam. (See Item No. 40)

 

5.

Commendations and Proclamations. (See Item No. 68)

 

Public Issues

 

6.

Public Comment.

This item is reserved for persons desiring to address the Board on: (1) any matter not on this agenda, (2) the report from the County Executive, and (3) the report from the County Counsel. Members of the public who wish to address the Board on these topics should complete a Request to Speak Form and place it in the tray at the rear of Chambers. The President will call individuals to the podium in turn. All Request to Speak Forms must be submitted prior to the start of Public Comment.

 

Speakers are limited to the following: three minutes if the Board President or designee determines that five or fewer persons wish to address the Board; two minutes if the Board President or designee determines that between six and fourteen persons wish to address the Board; and one minute if the Board President or designee determines that fifteen or more persons wish to address the Board.

 

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. Statements that require a response may be referred to staff for reply in writing.

 

7.

Approve Consent Calendar and changes to the Board of Supervisors' Agenda.

Items removed from the Consent Calendar will be considered at the end of the regular agenda for discussion. The Board may also add items on the regular agenda to the Consent Calendar.

 

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 Consent Calendar items should comment under this item. Each speaker is limited to up to two minutes total, as determined by the Board President.

 

Time Certain - To Be Heard No Earlier Than 10:00 a.m.

 

8.

Consider recommendations relating to the Fiscal Year (FY) 2023-2024 Mid-Year Budget Review (Office of the County Executive)

Possible action: 

  1.  Approve Request for Appropriation Modification No. 116 – $478,230,476 increasing and adjusting budgetary revenues and appropriations in various departments and funds to address needs and to better align the FY 2023-2024 budget with current experience.
  2. Introduce and preliminary adopt Salary Ordinance No. NS-5.24.49, an Ordinance amending Santa Clara County Salary Ordinance No. NS-5.24 relating to compensation of employees, adding and deleting various positions as part of FY 2023-2024 Mid-Year Budget Review.
  3. Receive report relating to the status of the General Fund budgetary revenues and appropriations for FY 2023-2024, including the initial projection of the FY 2023-2024 fund balance, and the projected status of the FY 2024-2025 General Fund Budget. 

(ID# 24-2110)

 

9.

Public hearing to consider adjustment of fees for Building Plan Check and Inspection Services provided by the Department of Planning and Development.

Possible action:

  1. Open public hearing and receive testimony.  
  2. Close public hearing.  
  3. Adopt Resolution adjusting existing fees for services provided by or through the Building Section of the Department of Planning and Development (Department Recommendation).

OR

  1. Adopt Resolution adjusting existing fees for services provided by or through the Building Section of the Department of Planning and Development (Even Distribution).​

(ID# 24-4301)

 

10.

Receive report from the Office of the County Executive relating to reports coming to the Board as part of the Fiscal Year 2023-2024 Mid-Year Budget Review.

 (ID# 24-4244)

 

11.

Under advisement from June 27, 2023 (Item No. 11): Receive report from the Office of the County Executive relating to a definition of equity, and the application of equity in countywide strategic planning and budgetary decisions.

 (ID# 24-4186)

 

12.

Under advisement from November 7, 2023 (Item No. 10): Consider recommendations from the Public Health Department (PHD) relating to the proposed Blue Zones Project in partnership with the City of San José. (LA-1)

Possible action: 

  1. Receive report from the Public Health Department relating to the proposed Blue Zones Project in partnership with the City of San José.
  2. Approve delegation of authority to the County Executive, or designee, to negotiate, execute, amend, or terminate agreement with the City of San José relating to the Blue Zones Project in an amount not to exceed $150,000, and a contract term that starts no earlier than February 6, 2024 and ends no later than June 30, 2025, 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, 2025.
  3. Approve Request for Appropriation Modification No. 154 - $150,000 transferring funds from the General Fund Contingency Reserve to the PHD budget, relating to matching funds for the City of San José’s Blue Zones Project. (4/5 vote) 

(ID# 24-4200)

 

13.

​Under advisement from September 19, 2023 (Item No. 13): Receive report relating to options to establish a third round of funding in the amount of $10 million for an All-Inclusive Playground Grant Program. (LA-1)

 

 (ID# 24-2180)

 

14.

Under advisement from December 12, 2023 (Item No. 13): Consider recommendations relating to option for allocation in the capital project budget of the Fairgrounds Management Corporation. (Office of the County Executive) Possible action:

  1. Receive report from the Office of the County Executive relating to Fairgrounds Management Corporation business plan and capital project budget.
  2. Approve Request for Appropriation Modification No. 156 - $500,000 transferring funds from the General Fund Contingency Reserve to the Facility and Fleet Department budget relating to establishing a Fairgrounds Capital Improvements reserve for near-term improvements to be made at the site. (4/5 Vote)

(ID# 24-4190)

 

15.

Under advisement from October 3, 2023 (Item No. 11): Consider recommendations relating to adding three positions in the Office of Veterans Services, Social Services Agency. Possible action:

  1. Approve Request for Appropriation Modification No. 145 - $77,273 transferring funds from the General Fund Contingency Reserve to the Social Services Agency budget, relating to adding three alternately staffed Veterans Services Representatives II/I. (4/5 Vote)
  2. Introduce and preliminarily adopt Salary Ordinance No. NS-5.24.54, an Ordinance amending Santa Clara County Salary Ordinance No. NS-5.24 relating to compensation of employees adding three Veterans Services Representative II or Veterans Services Representative I positions in the Social Services Agency.

(ID# 24-4219)

 

16.

Under advisement from August 29, 2023 (Item No. 19): Approve Request for Appropriation Modification No. 152 - $300,000 transferring funds from the General Fund Contingency Reserve to the Office of the County Executive budget relating to funding of efforts related to agricultural worker housing. (4/5 Vote)

 

 (ID# 24-1852)

 

17.

Under advisement from December 12, 2023 (Item No. 11): Receive report from the Office of the County Executive relating to strategies for implementing the recommendations from the Hate Prevention and Inclusion Task Force to prevent and respond to hate incidents and hate crimes in Santa Clara County.

 (ID# 24-3293)

 

18.

Under advisement from December 12, 2023 (Item No. 14): Consider recommendations relating to the Reid-Hillview Airport site.

Possible action:

  1. Approve Request for Appropriation Modification No. 151 - $300,000 transferring funds from the General Fund Contingency Reserve to the Office of the County Executive budget relating to funding of planning and outreach efforts related to the Reid-Hillview Airport site. (4/5 Vote)
  2. Adopt Resolution authorizing the County Executive to execute an inter-fund loan from the General Fund to the Airport Enterprise Fund.  (4/5 Vote)
  3. Approve Request for Appropriation Modification No. 158 - $300,000 increasing expenditures in the Airport Enterprise Fund budget, relating to necessary and urgent planning and outreach projects eligible for funding consistent with all applicable laws and contractual restrictions. (4/5 Vote)

(ID# 24-4355)

 

19.

Under advisement from June 12, 2023 (Item No. 26): Receive report from Santa Clara Valley Healthcare and the Facilities and Fleet Department relating to recommendations for fund sources to implement the second phase of energy efficiency efforts at County hospitals.

 (ID# 24-2181)

 

20.

Under advisement from December 12, 2023 (Item No. 12): Receive report from the Social Services Agency, Department of Family and Children’s Services for consideration relating to an incentive-based program to encourage foster youth to complete medical and dental well-being exams in accordance with the Bright Futures Periodicity schedule.

 (ID# 24-4257)

 

21.

Under advisement from December 12, 2023 (Item No. 9): Receive report from Santa Clara Valley Healthcare relating to options for consideration regarding support of establishing a permanent Obstetrics and Gynecology Urgent Care Clinic in the Santa Clara Valley Healthcare system.

 (ID# 24-2662)

 

22.

Under advisement from November 7, 2023 (Item No. 17): Introduce and preliminarily adopt Salary Ordinance No. NS-20.23.08, an Ordinance amending Santa Clara County Executive Leadership Salary Ordinance No. NS-20.23, amending Section 2 - Positions, Salary Range, Transfers, and Inplacement, adding subsection (f) providing a one-time payment up to 10% of the salary upon satisfactory completion of the 18-month probationary period for specialized, difficult to fill positions.

 (ID# 24-4317)

 

Time Certain - To Be Heard No Earlier Than 1:00 p.m.

 

23.

Under advisement from December 19, 2023 (Item 4d): Receive report from the Department of Family and Children's Services and other County Departments related to Child Welfare Procedures and Protocols.

(ID# 24-4312)

 

24.

Receive report from the Social Services Agency, Department of Family and Children’s Services, relating to the programmatic services provided at the Hub. (ID# 24-4320)

 

25.

Receive Transition Age Youth Annual Report for Fiscal Year 2022-2023 from the Social Services Agency, Department of Family and Children's Services.

 (ID# 23-1835)

 

26.

Receive report from the Social Services Agency, Department of Family and Children’s Services, relating to timely medical and dental examinations for children in the County’s child welfare system. (ID# 24-4321)

 

27.

Approve retroactive Agreement with HopSkipDrive, Inc., relating to providing foster youth transportation to school of origin and child-oriented services in an amount not to exceed $374,574 for period July 1, 2023 through June 30, 2024, with two one-year extension options, that has been reviewed and approved by County Counsel as to form and legality. An exemption to competitive procurement has been approved by the Office of Countywide Contracting Management pursuant to Board of Supervisors Policy 5.6.5.1(D)(1). (LA-1)

 (ID# 23-1741)

 

28.

Receive report from the Social Services Agency, Department of Family and Children's Services, relating to the Welcoming Center evaluation and steps to transfer operations from Seneca Family of Agencies to the County of Santa Clara. (ID# 24-4327)

 

29.

Approve retroactive Third Amendment to Agreement with Seneca Family of Agencies relating to providing Intensive Services Foster Care-Plus Program, previously called Enhanced Therapeutic Foster Care, increasing the maximum contract amount by $1,175,616 from $2,293,368 to $3,468,984, and extending the agreement for a 12-month period through June 30, 2024, that has been reviewed and approved by County Counsel as to form and legality. (LA-1) 

 (ID# 23-1647)

 

30.

Consider recommendations relating to the Strengthening All Families Equitably program. (LA-1)Possible action:

  1. Approve retroactive Agreement with Gardner Family Health Network, Inc., doing business as Gardner Health Services, relating to providing Strengthening All Families Equitably program services in an amount not to exceed $580,000 for period December 1, 2023 through June 30, 2024, with four one-year and one five-month extension options, that has been reviewed and approved by County Counsel as to form and legality.
  2. Approve retroactive Agreement with Odd-Fellow Rebekah Children's Home of California relating to providing Strengthening All Families Equitably program services in an amount not to exceed $580,000 for period December 1, 2023 through June 30, 2024, with four one-year and one five-month extension options, that has been reviewed and approved by County Counsel as to form and legality.
  3. Approve retroactive Agreement with Pacific Clinics relating to providing Strengthening All Families Equitably program services in an amount not to exceed $580,000 for period December 1, 2023 through June 30, 2024, with four one-year and one five-month extension options, that has been reviewed and approved by County Counsel as to form and legality.

(ID# 23-1757)

 

Board Referrals

 

31.

Approve referral to Administration to report to the Board on May 7, 2024 with options for consideration relating to the viability and costs associated with declaring Lunar New Year a County holiday. (Lee)

 (ID# 24-4250)

 

Board of Supervisors and Board Appointees

 

32.

Adopt Resolution to reaffirm prior recognition of the flag of the former Republic of Vietnam as the official flag of the Vietnamese American community in Santa Clara County and oppose the display of the flag of the Socialist Republic of Vietnam on County-owned flag poles. (Lee/Chavez)

 (ID# 24-4247)

 

33.

Receive report from County Executive. (ID# 24-4337)

 

34.

Receive report from County Counsel on legal issues and Closed Session meeting of February 5, 2024. (ID# 24-4338)

 

Regular Agenda - Items for Discussion

 

35.

Consider recommendations relating to assisting recently-arrived migrant families and individuals who are seeking asylum with accessing critical housing and safety net services. (LA-1)

Possible action:

  1. Approve delegation of authority to the County Executive, or designee, to negotiate, execute, amend, or terminate an agreement with Amigos de Guadalupe Center for Justice and Empowerment relating to providing coordination of temporary emergency shelter and referrals to support services for families and individuals who intend to seek asylum and who entered the United States after the end of Title 42, increasing the maximum contract amount by $200,000 from $510,000 to $710,000 with no change in term 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 June 30, 2024.
  2. Approve Request for Appropriation Modification No. 159 - $200,000 transferring funds from the General Fund Contingency Reserve to the Office of the County Executive budget relating to providing coordination of temporary emergency shelter and referrals to support services for families and individuals who intend to seek asylum and who entered the United States after the end of Title 42. (4/5 Vote)
  3. Approve delegation of authority to the County Executive, or designee, to negotiate, execute, amend, or terminate agreements with 16 organizations relating to providing immigrant legal support services in an amount not to exceed $24,392,770 with no change in term 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 June 30, 2024.

(ID# 24-4281)

 

36.

Under advisement from October 19, 2023 Public Safety and Justice Committee (Item No. 4), receive report from the Public Health Department relating to violence prevention and intervention mapping.    

  (ID# 24-1945)

 

37.

Under advisement from November 7, 2023 (Item No. 18): Receive report from the Behavioral Health Services Department relating to options to identify and lawfully provide addiction services and treatment options in locations of greatest needs and the cost of implementation.  (ID# 24-4353)

 

38.

Consider items previously removed from the Consent Calendar. (ID# 24-4288)

 

Closing

 

39.

Adjourn. (See Item No. 4) (ID# 23-1775)

 

Consent Calendar - Items will be considered under Item No. 7. Items removed from the Consent Calendar will be considered at the end of the Regular Agenda.

 

40.

Minutes Approval: (ID# 24-4333)

 

a.

Approve minutes of the January 22, 2024 Regular Meeting: Presentations and Closed Session. (ID# 24-4350)

 

b.

Approve minutes of the January 23, 2024 Regular Meeting. (ID# 24-4351)

 

c.

Approve minutes of the January 25, 2024 Special Meeting – State of the County. (ID# 24-4352)

 

Social Services Agency

 

41.

Consider recommendations relating to a reclassification of one Program Manager II to Program Manager III in the Social Services Agency.

Possible action:

  1. Introduce and preliminarily adopt Salary Ordinance No. NS-5.24.45, an Ordinance amending Santa Clara County Salary Ordinance No. NS-5.24 relating to compensation of employees deleting one Program Manager II position and adding one Program Manager III position in the Social Services Agency.
  2. Approve Request for Appropriation Modification No. 142 - $3,041 increasing revenue and expenditures in the Social Services Agency budget, relating to a class study of one Program Manager II. (4/5 Vote)

(ID# 23-1843-01)

 

42.

Approve Agreement with Exemplar Human Services, LLC, relating to providing reporting tools and services in an amount not to exceed $595,000 for period February 6, 2024 through June 30, 2025, that has been reviewed and approved by County Counsel as to form and legality. A sole source exception to competitive procurement has been approved by the Office of Countywide Contracting Management pursuant to Board of Supervisors Policy 5.6.5.1(D)(2)(a). (LA-1)

 (ID# 23-1840)

 

43.

Consider recommendations relating to extending two unclassified positions in the Program Support, Research, and Evaluation Department in the Social Services Agency. Possible action:

  1. Approve Request for Appropriation Modification No. 119 - $48,041 increasing estimated revenue and expenditure appropriations in the Social Services Agency budget, relating to extending two unclassified IT Business Analyst or Associate IT Business Analyst positions. (4/5 Vote)
  2. Introduce and preliminarily adopt Salary Ordinance No. NS-5.24.52, an Ordinance amending Santa Clara County Salary Ordinance No. NS-5.24 relating to compensation of employees revising Footnote 871 to extend the expiration date for two unclassified IT Business Analyst or Associate IT Business Analyst positions in the Social Services Agency. Positions shall expire at 11:59 p.m. on September 1, 2024.

(ID# 24-2071)

 

44.

Introduce and preliminarily adopt Salary Ordinance No. NS-5.24.50, an Ordinance amending Santa Clara County Salary Ordinance No. NS-5.24 relating to compensation of employees deleting one Administrative Assistant position and adding one Management Analyst or Associate Management Analyst position in the Social Services Agency.

 (ID# 24-2069)

 

45.

​Consider acceptance of donation of $10,000 from the Scheler Family Survivor's Trust on behalf of the Social Services Agency.

Possible action:

  1. Accept donation.
  2. Authorize President of the Board to forward letter of appreciation to the Scheler Family Survivor's Trust.

(ID# 24-1886)

 

46.

​Consider acceptance of donation of $10,000 from the Scheler Family Exemption Trust on behalf of the Social Services Agency.

Possible action:

  1. Accept donation.
  2. Authorize President of the Board to forward letter of appreciation to the Scheler Family Exemption Trust.

(ID# 24-1870)

 

Santa Clara Valley Healthcare

 

47.

Approve retroactive Fourth Amendment to Agreement with CEP America-Anesthesia, PC, relating to providing anesthesia coverage for surgical and obstetrics services, at O’Connor Hospital (SCVH-O'Connor) with no change to the maximum contract amount, and no change to the term of the Agreement, that has been reviewed and approved by County Counsel as to form and legality. (LA-1)

 (ID# 24-2658)

 

48.

​Approve retroactive Fourth Amendment to Agreement with Professional Research Consultants, Inc., relating to providing patient satisfaction and patient experience surveys, increasing the maximum contract amount by $1,325,000 from $5,583,900 to $6,908,900, and extending the Agreement for a 12-month period through December 31, 2024, that has been reviewed and approved by County Counsel as to form and legality. An exception to Board of Supervisors Policy 5.4.5.4, Length of Term of Contracts, has been approved by the Office of Countywide Contracting Management. (LA-1)

 (ID# 24-2048)

 

49.

Approve extension of extra-help hours beyond the current 1,040 hours limitation for the remainder of Fiscal Year 2023-2024 for 699 extra-help Santa Clara Valley Healthcare clinical and support services staff.

 (ID# 24-2166)

 

Employee Services Agency

 

50.

Consider recommendations relating to a temporary sign-on bonus program for lateral and academy graduate correctional and enforcement deputies for the Office of the Sheriff.Possible action:

  1. Approve a Temporary Sign-On Bonus Program in an amount not to exceed $3,500,000 for lateral and Academy graduate correctional and enforcement deputies for the Office of the Sheriff, providing a sign-on bonus totaling up to $40,000, for lateral correctional and enforcement deputy candidates, and a sign-on bonus totaling up to $20,000 for Academy graduate correctional and enforcement deputy candidates, subject to Program requirements.
  2. Ratify Side Letter Agreement with the Correctional Peace Officers’ Association (CPOA) relating to measures to incentivize lateral hires from other law enforcement agencies into classifications represented by the CPOA, that has been reviewed and approved by County Counsel as to form and legality.
  3. Ratify Side Letter Agreement with the Deputy Sheriff’s Association (DSA) relating to measures to incentivize lateral hires from other law enforcement agencies into classifications represented by the DSA, that has been reviewed and approved by County Counsel as to form and legality.
  4. Ratify Side Letter Agreement with the Service Employees International Union, Local 521, relating to measures to incentivize referrals of lateral hires from other law enforcement agencies into classifications represented by the DSA and the CPOA, that has been reviewed and approved by County Counsel as to form and legality.
  5. Ratify Side Letter Agreement with the County Employees Management Association relating to measures to incentivize referrals of lateral hires from other law enforcement agencies into classifications represented by the DSA and the CPOA, that has been reviewed and approved by County Counsel as to form and legality.

(ID# 24-3357)

 

51.

Introduce and preliminarily adopt Salary Ordinance No. NS-5.24.48, an Ordinance amending Santa Clara County Salary Ordinance No. NS-5.24 relating to compensation of employees deleting one Database Administrator or Associate Database Administrator position and adding one Senior Database Administrator position in Technology Services and Solutions.

 (ID# 24-2059)

 

Board of Supervisors

 

52.

Consider recommendations relating to sponsorship of the 2024 Friar Mateo Sheedy Luncheon Celebration. (Chavez) (LA-1)Possible action:

  1. Approve waiver of Board of Supervisors' Policy 3.68.4.2 which requires approval of sponsorship at least 30 days before the event/activity.
  2. Approve County sponsorship of the Sacred Heart Nativity School in the amount of $750 from the Supervisorial District Two allocation in the Office of the Clerk of the               Board Fiscal Year 2023-2024 budget to support the 2024 Friar Mateo Sheedy Luncheon Celebration.

(ID# 24-4314)

 

53.

Consider recommendations relating to sponsorship of the Hoang Sa Truong Sa event, hosted by the South Vietnamese Navy Veterans - NorCal. (Lee) (LA-1)Possible action:

  1. Approve waiver of Board of Supervisors' Policy 3.68.4.2 which requires approval of sponsorship at least 30 days before the event/activity.
  2. Approve County sponsorship of the South Vietnamese Navy Veterans - NorCal in the amount of $1,000 from the Supervisorial District Three allocation in the Office of the Clerk of the Board Fiscal Year 2023-2024 budget, to support the Hoang Sa Truong Sa event.

(ID# 24-4220)

 

54.

Announce travel for elected officials as follows: (ID# 24-4298)

 

a.

Lawrence E. Stone, Assessor, will travel to New York, NY to attend the Urban Land Institute Spring Meeting on April 8-11, 2024.

 (ID# 24-4203)

 

55.

Pursuant to Government Code Section 53232.3(d), no member of the Board of Supervisors attended a meeting, as defined in Government Code Section 54952.2(a), at the expense of the County of Santa Clara for period January 18, 2024 through January 31, 2024. (ID# 24-4356)

 

County Executive

 

56.

Approve usage of funding from the Office of the County Executive budget for travel to Palm Springs, California, for Supervisor Chavez to attend and serve as keynote speaker at the Aviation Noise and Emissions symposium on March 4-5, 2024.

 (ID# 24-4319)

 

57.

Receive report from the Office of the County Executive relating to anticipated solicitations.

 (ID# 24-2175)

 

58.

Receive monthly status report on the items referred to Administration.

 (ID# 24-4331)

 

Office of Supportive Housing

 

59.

Approve amended delegation of authority to the County Executive, or designee, to negotiate, execute, amend, or terminate all legal documents, including but not limited to contracts, loan agreements, deeds of trust, promissory notes, subordination agreements, assignment agreements, option to acquire, and estoppels relating to one or more loans with Charities Housing Development Corporation of Santa Clara County or affiliate, increasing the maximum loan amount by $1,070,694 from $12,100,000 to $13,170,694 for the development of 106 new affordable housing units, plus two manager’s units referred to as Civic Center to be located at 1601 Civic Center Multifamily Affordable Housing Development, Santa Clara, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive, and subject to Administration review of related due diligence matters and other standard requirements set forth in the final documentation. Delegation of authority shall expire on December 31, 2026. (LA-1)

 (ID# 24-2053)

 

60.

Approve delegation of authority to the County Executive, or designee, to negotiate, execute, amend, or terminate all legal documents such as contracts, loan agreements, amendments, deeds of trust, promissory notes, subordination agreements, assignment agreements, assumption amendments, regulatory agreements, and estoppel agreements with Carroll Street Associates or its affiliate, relating to an existing County loan in the total principal amount of $200,008 for Carroll Inn, 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, 2026. (LA-1)

 (ID# 24-2176)

 

61.

Adopt Resolution delegating authority to the County Executive, or designee, to execute an amendment to a State of California Standard Agreement and any and all other amendments and documents required or deemed necessary for Homekey Program funds and the Standard Agreement relating thereto for the conversion of the Crestview Hotel into affordable and supportive housing, 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, 2026.

 (ID# 24-2123)

 

62.

Under advisement from November 1, 2022 (Item No. 13): Consider recommendations relating to real property located at 4388 Alpine Road, Portola Valley. (LA-1)

Possible action:

  1. Approve Request for Appropriation Modification No. 147 - $1,500,000 increasing estimated expenditure appropriations in the Office of Supportive Housing budget, relating to a residual receipts loan to AbilityPath Housing, or affiliate, to support the Affordable Housing Development. (4/5 Vote)
  2. Approve delegation of authority to the County Executive, or designee, to negotiate, execute, amend, or terminate all legal documents, including but not limited to contracts, loan agreements, deeds of trust, promissory notes, subordination agreements, assignment agreements, and estoppels relating to one or more loans with AbilityPath Housing or affiliate, in an amount not to exceed $1,500,000 for the development of 11 new affordable housing units, plus two manager’s units, referred to as Willow Commons to be located at 4388 Alpine Road, Portola Valley, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive, and subject to Administration review of related due diligence matters and other standard requirements set forth in the final documentation. Delegation of authority shall expire on December 31, 2026.

(ID# 24-3289)

 

63.

Approve delegation of authority to the County Executive, or designee, to negotiate, execute, amend, or terminate a retroactive option to extend lease agreement with the City of San José relating to use of 937 Locust Street as a temporary housing site in an amount not to exceed $63,000 per year and a contract term that begins no earlier than July 1, 2023 and ends no later than June 30, 2033, 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, 2026.

 (ID# 24-2083)

 

64.

Approve delegation of authority to the County Executive, or designee, to negotiate, execute, amend, or terminate agreements, such as exclusive negotiating agreements or development agreements with Eden Housing, or their affiliate(s), in connection with the planning of a potential affordable housing development of approximately 5 acres of property located at 10333 N. Wolfe Road, Cupertino, 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, 2026.

 (ID# 24-4302)

 

County Library

 

65.

Introduce and preliminarily adopt Salary Ordinance No. NS-5.24.51, an Ordinance amending Santa Clara County Salary Ordinance No. NS-5.24 relating to compensation of employees adding two Library Clerk positions and one Janitor position to the Santa Clara County Library District.

 (ID# 24-2168)

 

Boards and Commissions

 

66.

Approve Board-As-a-Whole appointments and reappointments to various Boards and Commissions: (ID# 24-4336)

 

a.

Supervisor Ellenberg nominates:

  1. Patti Selan for appointment to the Personnel Board, seat number 4.

(ID# 24-4260)

 

Office of the District Attorney

 

67.

Approve an exception to Board Policy 3.44, Use of County Facilities, to facilitate the conduct of the Blood Alcohol Storage Conditions Study.

 (ID# 24-3297)

 

Commendations and Proclamations

 

68.

Commendations and Proclamations. (See Item No. 5) (ID# 24-4308)

 

a.

Adopt Commendation for Santa Clara Family Health Plan for their commitment to celebrating and preserving Vietnamese heritage and culture in Santa Clara County through their 3rd  Annual Lunar New Year Celebration. (Arenas)

 

 

 (ID# 24-4315)

 

b.

Adopt Commendation for the Vietnamese Catholic Community in the Diocese of San José for their steadfast dedication to sharing Vietnamese experiences, customs, and traditions with the broader Santa Clara County community on the occasion of the 2024 New Year Festival. (Chavez/Lee)​

 (ID# 24-4305)

 

c.

Adopt Commendation for Lien Hoi Cuu Quan Nhan Bac Cali & Councilmember Bien Doan for strengthening the Vietnamese American community through celebration of TET and promoting tradition, culture, heritage, and family in Santa Clara County. (Lee)

 (ID# 24-4251)

 

Department of Planning and Development

 

69.

​Approve Ninth Amendment to Agreement with Metropolitan Planning Group DBA M-Group relating to providing planning project management services to complete its work processing the land use entitlement applications for the Z-Best Composting Facility, with no change to the maximum contract amount, and extending the Agreement for a 10-month period through December 31, 2024, that has been reviewed and approved by County Counsel as to form and legality. An exception to Board of Supervisors Policy 5.4.5.4, Length of Term of Contracts, has been approved by the Office of Countywide Contracting Management. (LA-1)

 (ID# 24-3354)

 

Parks and Recreation Department

 

70.

Approve Fourth Amendment to the All-Inclusive Playground Grant Funding Agreement with the City of Mountain View relating to construction of the Magical Bridge Playground at Rengstorff Park, with no change to the grant award amount and match requirement, extending the deadline for the playground to be opened to the public by October 31, 2024, revising Grant Scope to reflect the portion of the project to be completed and submitted for reimbursement during the reimbursement eligibility period, that has been reviewed and approved by County Counsel as to form and legality. (LA-1)

 (ID# 24-1867)

 

71.

​Consider acceptance of gift/donation of $18,000 from the Friend of Martial Cottle Park on behalf of the Parks and Recreation Department. Possible action:

  1. Accept gift.
  2. Authorize President of the Board to forward letter of appreciation to the Friends of Martial Cottle Park.

  (ID# 24-4252)

 

Roads and Airports Department

 

72.

Receive report from the Roads and Airports Department relating to an emergency procurement to repair sewer lines at 101 Skyport Drive, San Jose, CA 95110.

 (ID# 23-1792)

 

73.

​​Adopt Resolution establishing one-way stop control for intersection of Lavender Lane with Orange Blossom Lane.​ 

 (ID# 24-4259)

 

Facilities and Fleet Department

 

74.

Consider recommendations relating to Professional Services Agreements (PSA) for architectural-engineering (AE) and related professional design services for various projects at the County of Santa Clara. (LA-1) Possible action:

  1. Approve PSA with Dreyfuss + Blackford Architecture relating to providing AE and related professional design services in an amount not to exceed $5,000,000 for period February 6, 2024 through February 5, 2029, that has been reviewed and approved by County Counsel as to form and legality.
  2. Approve PSA with Fong & Chan Architects relating to providing AE and related professional design services in an amount not to exceed $5,000,000 for period February 6, 2024 through February 5, 2029, that has been reviewed and approved by County Counsel as to form and legality.
  3. Approve PSA with Interactive Resources, Inc. relating to providing AE and related professional design services in an amount not to exceed $5,000,000 for period February 6, 2024 through February 5, 2029, that has been reviewed and approved by County Counsel as to form and legality.
  4. Approve PSA with DG Architects, Inc. dba DGA relating to providing AE and related professional design services in an amount not to exceed $5,000,000 for period February 6, 2024 through February 5, 2029, that has been reviewed and approved by County Counsel as to form and legality.
  5. Approve PSA with JCA/AET JV relating to providing AE and related professional design services in an amount not to exceed $5,000,000 for period February 6, 2024 through February 5, 2029, that has been reviewed and approved by County Counsel as to form and legality.
  6. Approve PSA with Russell + Lopes Architects relating to providing AE and related professional design services in an amount not to exceed $5,000,000 for period February 6, 2024 through February 5, 2029, that has been reviewed and approved by County Counsel as to form and legality.
  7. Authorize the County Executive, or designee, to be the Owner’s Authorized Representative to negotiate, execute, amend, and take any and all necessary or advisable actions relating to the PSA, including issuance of Project Agreements for services during the term of the PSA, extension of the PSA term by up to six months, and increase of the maximum compensation limit by up to $500,000, 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 5, 2029.

(ID# 23-1629)

 

75.

Consider recommendations relating to 2024 Job Order Contracts (JOCs). California Environmental Quality Act (CEQA): Exempt from CEQA pursuant to Sections 15301 and 15303 of the CEQA Guidelines.Possible action:

  1. Authorize the County Executive, or designee, to issue a Prequalification Package for contractors seeking to bid on County of Santa Clara JOCs, determine the pool of prequalified contractors based on the approved Contractor Prequalification Package, and to conduct a determination appeal hearing if necessary.
  2. Approve the JOC Bidding and Contracting Documents (Project Manuals) relating to Backlog Programs and other Board-approved Projects for both low bid JOCs and best value JOCs.
  3. Approve delegation of authority to the County Executive, or designee, to solicit and/or resolicit up to ten individual JOCs on a best value basis, or alternatively on a low bid basis if the best value process is not feasible, using the approved Project Manuals, and direct the Clerk of the Board to advertise and to open low bid JOC bids, when applicable, in the Office of the Clerk of the Board of Supervisors for period February 6, 2024 through December 31, 2024. Delegation of authority shall expire on December 31, 2024.
  4. Approve delegation of authority to the County Executive, or designee, to make clarifications, make minor changes, and issue addenda as necessary to the contract documents and the advertisement, including the timing of receipt of proposals. Delegation of authority shall expire on December 31, 2024.

(ID# 24-3360)

 

76.

Consider recommendations relating to Building M Cafe Renovation. California Environmental Quality Act (CEQA): Exempt from CEQA pursuant to Sections 15301 and15303 of the CEQA Guidelines. (Project No. 263-CP19020-10). Possible action:

  1. Award contract to BCCI Construction in the amount of $6,401,719 with a construction time of 275 calendar days.
  2. Approve encumbrance of additional $960,258 as Supplemental Work Allowance for a total encumbered amount of $7,361,977.
  3. Authorize the County Executive, or designee, as the Owner's Authorized Representative, including but not limited to authority to issue Change Orders as necessary against the allowance for Supplemental Work pursuant to Public Contract Code section 20142 and to approve modifications to the Contract Time.
  4. Ratify Addendum to Bid Documents Nos. 1-5, which modified or clarified the Bid Documents in response to contractor questions.

(ID# 24-3356)

 

77.

Consider recommendations relating to adding an Administrative Services Manager I in the Facilities and Fleet Department.Possible action:

  1. Approve Request for Appropriation Modification No. 143 - $88,591 transferring funds from various department budgets to the Facilities and Fleet Department budget relating to adding one Administrative Services Manager I position.
  2. Introduce and preliminarily adopt Salary Ordinance No. NS-5.24.53, an Ordinance amending Santa Clara County Salary Ordinance No. NS-5.24 relating to compensation of employees adding one Administrative Services Manager I position in the Facilities and Fleet Department.

(ID# 24-2049)

 

78.

Consider recommendations relating to intention to purchase real property necessary to expand access for primary and specialty health services at Saint Louise Regional Hospital.Possible action:

  1. Adopt Resolution of Intent to Purchase Real Property located at 9460 No Name Uno, Gilroy, California, Assessor's Parcel No. 835-05-033.
  2. Authorize Clerk of the Board to set Tuesday, March 12, 2024, at no earlier than 10:00 a.m., as the date and time to consider acquisition of the Real Property.
  3. Direct Administration to negotiate, sign, amend, or terminate a purchase and sale agreement contingent on Board of Supervisors approval, with the trustee in bankruptcy of the Estate of Elessar Properties, LLC, relating to acquiring the real property at 9460 No Name Uno in an amount not to exceed $14,000,000, following approval by County Counsel as to form and legality and approval by the Office of the County Executive.
  4. Approve establishment of Capital Improvement Project 263-CP24033 "Purchase 9460 No Name Uno.”
  5. Approve Request for Appropriation Modification No. 157- $14,000,000 transferring funds from 263-CP20002 “Silver Creek Improvements” to Capital Project No. 263-CP24033 "Purchase 9460 No Name Uno."

(ID# 24-4181)

 

Central Fire Protection District

 

79.

Receive reports from the Santa Clara County Central Fire Protection District relating to the Fiscal Year 2022-2023 Annual Comprehensive Financial Report and Memorandum on Internal Control and Required Communications. 

 (ID# 24-1911)

 

80.

Approve Agreement with Quality Cleaning Professionals, LLC, relating to providing performance-based janitorial services for the Santa Clara County Central Fire Protection District in an amount not to exceed $1,750,000 for period February 6, 2024 through March 31, 2026, with one two-year extension option, that has been reviewed and approved by County Counsel as to form and legality. (LA-1)

 (ID# 24-3394)

 

Final Adoption of Ordinances

 

81.

Final adoption of Salary Ordinance No. NS-5.24.47, an Ordinance amending Santa Clara County Salary Ordinance No. NS-5.24 relating to compensation of employees adding one Supervising Account Clerk I position in the Roads and Airports Department. (ID# 23-1746-01)

 

82.

Final adoption of Salary Ordinance No. NS-20.23.06, an Ordinance amending Santa Clara County Executive Leadership Master Salary Ordinance No. NS-20.23 relating to compensation of employees increasing the flat rate salaries of the Assessor, District Attorney, and Sheriff by 2.6163 percent. (ID# 24-1858-01)

 

83.

Consider recommendations relating to various actions in the Office of the District Attorney.

Possible action:

  1. Final adoption of Salary Ordinance No. NS-20.23.07, an Ordinance amending Santa Clara County Executive Leadership Master Salary Ordinance No. NS-20.23 adding one Communications Director-District Attorney’s Office position in the Office of the District Attorney; adding one Assistant District Attorney; and deleting one Unclassified Assistant District Attorney.
  2. Final adoption of Salary Ordinance No. NS-5.24.46, an Ordinance amending Santa Clara County Salary Ordinance No. NS-5.24 relating to compensation of employees adding one Unclassified Assistant to the District Attorney position in the Office of the District Attorney and amending the Salary Schedule to add the classification of Unclassified Assistant to the District Attorney.

(ID# 24-1859-01)