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

May 6, 2024 2:00 PM

Regular Meeting: Presentations and Closed Session

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 by 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/92368976729 (recommended) or via telephone at (669) 900-6833, meeting ID #92368976729 (participant ID not required).

Further instructions for accessing the teleconference 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.