MINUTES REVISED September 12, :30 AM Regular Meeting

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1 BOARD OF SUPERVISORS Dave Cortese, District 3, President Jeffrey V. Smith S. Joseph Simitian, District 5, Vice President County Executive Mike Wasserman, District 1 Cindy Chavez, District 2 James R. Williams Ken Yeager, District 4 County Counsel MINUTES REVISED 9:30 AM Regular Meeting Megan Doyle Clerk of the Board BOARD OF SUPERVISORS' CHAMBERS County Government Center 70 West Hedding Street, 1st floor, San Jose, CA Tel. (408) Fax (408) TDD (408) 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 1. Roll Call. Opening President Cortese called the meeting to order at 9:33 a.m. A quorum was present. Attendee Name Title Status Arrived Mike Wasserman Supervisor Present Cindy Chavez Supervisor Present Dave Cortese President Present Ken Yeager Supervisor Present S. Joseph Simitian Vice President Present 2. Pledge of Allegiance. The Pledge of Allegiance was recited. Ceremonial Presentations 3. Announce Adjournments in Memoriam. (See Item No. 26) The adjournments were announced. a. Adjourn in honor and memory of Clyde Powell. (Chavez) (ID# 88235) Page 1 of 35

2 b. Adjourn in honor and memory of Stanley Parry. (Simitian) (ID# 88219) 4. Commendations and Proclamations. (See Item No. 62) The Commendations and Proclamations were presented. a. Present Proclamation declaring September 2017 as "Wine Month" in Santa Clara County. (Wasserman) b. Present Commendation for the Indian Health Center on the occasion of its 40th anniversary of providing quality service and care to their patients. (Chavez) 5. Public Comment. (ID# 88299) Public Issues Fifty-three individuals addressed the Board. 6. Approve Consent Calendar and changes to the Board of Supervisors' Agenda. (ID# 88300) One individual addressed the Board. Item No. 11 was continued to September 26, Item Nos. 23, 24 and 47 were held to September 26, Item No. 21 was held to date uncertain. A request was noted for Item No. 82. Vice President Simitian abstained from Item No. 48. A correction was noted for Item No. 8b. 6 RESULT: APPROVED [UNANIMOUS] Time Certain - To Be Heard No Earlier Than 10:00 a.m. 7. Public Hearing - Consolidated Annual Performance and Evaluation Report (CAPER). (Office of Supportive Housing) a. Public hearing to consider recommendations relating to Fiscal Year (FY) 2017 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs. (ID# 87629) i. Open public hearing and receive testimony. ii. Close public hearing. Page 2 of 35

3 President Cortese opened the public hearing. No public testimony was received. President Cortese closed the hearing. 7.a RESULT: HEARING CLOSED [UNANIMOUS] MOVER: Ken Yeager, Supervisor SECONDER: Cindy Chavez, Supervisor b. Consider recommendations relating to the Fiscal Year 2017 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs. (ID# 87631) Possible action: i. Approve Draft Fiscal Year 2017 CAPER for the CDBG and HOME programs. ii. Authorize the Office of Supportive Housing to incorporate public comments and submit the final CAPER to the U.S. Department of Housing and Urban Development by September 30, b RESULT: APPROVED [UNANIMOUS] MOVER: Ken Yeager, Supervisor SECONDER: Cindy Chavez, Supervisor 8. Public Hearing - Uncodified Interim Ordinance. (Office of the County Executive) a. Public Hearing to consider Uncodified Interim Ordinance relating to a temporary moratorium on the establishment, expansion, or relocation of cannabis businesses within the unincorporated areas of Santa Clara County and declaring the urgency thereof. (ID# 87197) i. Open public hearing and receive testimony. ii. Close public hearing. President Cortese opened the public hearing. Three individuals addressed the Board. President Cortese closed the hearing. Supervisor Yeager requested that Administration report to the Board within 45 days relating to improvements and benefits of lifting the moratorium in the future. Supervisor Wasserman requested that Administration also provide recommendations relating to enforcing the law and protecting public safety, environmental safety, and human life. President Cortese requested that Administration continue to provide reports relating to information on by State regulations to enable timely discussion and response. Page 3 of 35

4 8.a RESULT: HEARING CLOSED [UNANIMOUS] MOVER: Mike Wasserman, Supervisor SECONDER: Cindy Chavez, Supervisor b. Adopt Uncodified Interim Urgency Ordinance No. NS establishing a temporary moratorium on the establishment, expansion, or relocation of cannabis businesses within unincorporated Santa Clara County and declaring the urgency thereof, to take effect immediately. The adoption of this ordinance is categorically exempt from the California Environmental Quality Act pursuant to Sections 15060(c)(2) and of the CEQA Guidelines. (Urgency, Unanimous vote to waive reading, 4/5 Roll Call Vote to adopt) (Office of the County Executive) (ID# 86957) Adopted with amendments to recommended action to correct typographical errors. 8.b RESULT: ADOPTED (FINAL) [UNANIMOUS] MOVER: Mike Wasserman, Supervisor SECONDER: Cindy Chavez, Supervisor c. Receive report from the Office of the County Executive relating to a proposed moratorium on cannabis businesses in the unincorporated areas. (ID# 88091) 8.c RESULT: RECEIVED d. Adoption of Ordinance No. NS amending Division B26.5 of the County of Santa Clara Ordinance Code regulating medicinal and personal cannabis cultivation. The adoption of this ordinance is categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Sections and (ID# 87581) Action to Introduce and Preliminarily adopt on ; Roll Call Vote to waive reading, Roll Call Vote to adopt. Action for Final Adoption on September 26, 2017; Roll Call Vote to adopt. 8.d RESULT: ADOPTED (PRELIM.) [UNANIMOUS] Next: 9/26/2017 9:30 AM MOVER: Mike Wasserman, Supervisor SECONDER: Cindy Chavez, Supervisor 9. Public Hearing - San Martin Use Permits. (Department of Planning and Development) a. Public Hearing to consider recommendations relating to County Zoning Ordinance Text Amendments and Official Zoning Map Amendments regarding the -sm San Page 4 of 35

5 Martin Use Permit Areas Combining District. (File No Z) (Supervisorial District 1) (ID# 87830) i. Open public hearing and receive testimony. ii. Close public hearing. President Cortese opened the public hearing. No public testimony was received. Supervisor Chavez left her seat at 12:05 p.m Continued to date uncertain at the request of Administration. 9.a RESULT: CONTINUED [UNANIMOUS] MOVER: Mike Wasserman, Supervisor SECONDER: Ken Yeager, Supervisor AYES: Wasserman, Cortese, Yeager, Simitian ABSENT: Chavez b. Approve the Use of a Prior CEQA Document General Plan Program Environmental Impact Report. (CEQA). (ID# 87890) Continued to date uncertain at the request of Administration. 9.b RESULT: CONTINUED [UNANIMOUS] MOVER: Mike Wasserman, Supervisor SECONDER: Ken Yeager, Supervisor AYES: Wasserman, Cortese, Yeager, Simitian ABSENT: Chavez c. Adopt Ordinance No. NS amending Appendix I, Zoning, of the Santa Clara Ordinance Code to add Chapter 3.90 of Article 3 and add the -sm San Martin Use Permit Areas Combining District. (Roll Call Vote) (ID# 87887) Continued to date uncertain at the request of Administration. 9.c RESULT: CONTINUED [UNANIMOUS] MOVER: Mike Wasserman, Supervisor SECONDER: Ken Yeager, Supervisor AYES: Wasserman, Cortese, Yeager, Simitian ABSENT: Chavez d. Adopt Ordinance No. NS amending the official zoning maps, pursuant to Section of Appendix I, Zoning, of the Santa Clara Ordinance Code to apply the -sm San Martin Use Permit Areas Combining Zoning District designation and to change the base zoning district of the subject parcels from A and A1 to RR. (Roll Call Vote) (ID# 87888) Continued to date uncertain at the request of Administration. Page 5 of 35

6 9.d RESULT: CONTINUED [UNANIMOUS] MOVER: Mike Wasserman, Supervisor SECONDER: Ken Yeager, Supervisor AYES: Wasserman, Cortese, Yeager, Simitian ABSENT: Chavez 10. Public Hearing - Roadside Services Land Use Designation. (Department of Planning and Development) a. Public hearing to consider recommendations related to amending the County of Santa Clara General Plan, and Zoning Ordinance Chapter 2.50, to modify allowable uses and establishing minimum lot size requirements for the Roadside Service Land Use Designation and Roadside Services (RS) Zoning District. (ID# 87886) i. Open public hearing and receive testimony. ii. Close public hearing. Supervisor Chavez returned to her seat at 12:06 p.m. President Cortese opened the public hearing. No public testimony was received. President Cortese closed the hearing. 10.a RESULT: HEARING CLOSED [UNANIMOUS] MOVER: Mike Wasserman, Supervisor SECONDER: Cindy Chavez, Supervisor b. Adopt Resolution of the Board of Supervisors approving a Negative Declaration and amending the County General Plan to modify allowable uses and establish minimum lot size requirements for the Roadside Services Land Use Designation. (Roll Call Vote) Resolution # BOS (ID# 87976) 10.b RESULT: ADOPTED [UNANIMOUS] MOVER: Mike Wasserman, Supervisor SECONDER: Cindy Chavez, Supervisor c. Adopt Ordinance No. NS amending Appendix I, Zoning, of the County of Santa Clara Ordinance Code relating to Roadside Services (RS) Special Purpose Zoning District. (Roll Call Vote) (ID# 87992) 10.c RESULT: ADOPTED [UNANIMOUS] MOVER: Mike Wasserman, Supervisor SECONDER: Cindy Chavez, Supervisor Page 6 of 35

7 11. Public Hearing - Shamrock Seeds (Department of Planning and Development) a. Public hearing to consider the appeal of the Planning Commission s decision granting approval for an existing agricultural research facility expansion. Property of Shamrock Seeds. (Assessor's Parcel No ) (File No A-15G- 17APL 2) (Supervisorial District 1) Continued to September 26, 2017 at the request of Administration. 11.a RESULT: CONTINUED [UNANIMOUS] b. Declare intent to deny appeal of Carmen Patane from the decision of Planning Commission to approve Architecture and Site Approval and Grading Approval for property located at 6640 Holsclaw Road, Gilory, and refer to County Counsel for preparation of findings. Continued to September 26, 2017 at the request of Administration. 11.b RESULT: CONTINUED [UNANIMOUS] Board Referrals 12. Direct County Executive to coordinate with Office of Emergency Services, American Red Cross and other agencies to create a program providing temporary housing for Hurricane Harvey flood victims, and report to the Board of Supervisors in an off-agenda report as quickly as possible. (Cortese) (ID# 88169) One individual addressed the Board. At the request of President Cortese, the Board directed the County Executive to coordinate with the Office of Emergency Services, American Red Cross and other agencies to create a program providing temporary housing for Hurricane Harvey and Hurricane Irma flood victims, and provide an off-agenda report to the Board as soon as possible; and, to concurrently provide an update relating to County assistance to victims of the San Jose flood. 12 RESULT: APPROVED AS AMENDED [UNANIMOUS] MOVER: Dave Cortese, President SECONDER: Ken Yeager, Supervisor Page 7 of 35

8 13. Direct Administration to coordinate with the City of Milpitas to expand the capacity of Section 8 Housing in the city and to use other means to prevent the displacement of residents at the Sunnyhills Apartments; and report to the Housing, Land Use, Environment and Transportation Committee by the October 19, 2017 meeting. (Cortese) (ID# 88180) Nine individuals addressed the Board, and four individuals submitted written comments for the record. On motion of Chairperson Cortese, seconded by Supervisor Chavez, the Board unanimously approved the direction to Administration. On motion of Chairperson Cortese, seconded by Supervisor Chavez, the Board unanimously approved reconsideration of the item. At the request of Supervisor Chavez, the Board further directed Administration to provide a report to the Board on October 17, 2017 relating to options for restructuring the partnership with the Housing Authority. 13 RESULT: APPROVED AS AMENDED [UNANIMOUS] MOVER: Dave Cortese, President SECONDER: Cindy Chavez, Supervisor 14. Refer to the Finance and Government Operations Committee for consideration an ordinance with possible charter amendment establishing an Office of Correction and Law Enforcement Oversight within Santa Clara County. (Simitian) (ID# 88220) Fifteen individuals addressed the Board. At the request of Vice President Simitian, the Board referred to the Finance and Government Operations Committee consideration of an ordinance with possible charter amendment establishing an Office of Correction and Law Enforcement Oversight within Santa Clara County for subsequent consideration by the Board of Supervisors at a future jail reform study session prior to any finalized recommendations from the Finance and Government Operations Committee. At the request of Supervisor Yeager, the Board directed County Counsel to provide the Board with analysis including the costs and benefits of a Charter amendment versus Ordinance Code, appointment and term and termination of director. At the request of Supervisor Chavez, the Board directed Administration to report concurrently to the Finance and Government Operations Committee relating to options for evaluating the best way to include Custody Health, Facilities and Fleet, and the Employee Services Agency in terms of how jail oversight is addressed. Page 8 of 35

9 14 RESULT: APPROVED AS AMENDED [UNANIMOUS] MOVER: S. Joseph Simitian, Vice President SECONDER: Dave Cortese, President Board of Supervisors and Board Appointees 15. Adopt Resolution of the Board of Supervisors of the County of Santa Clara Condemning Hatred and Violence. (Roll Call Vote) (Cortese) Resolution # BOS (ID# 88214) Taken out of order after Item No. 82. One individual addressed the Board. 15 RESULT: ADOPTED [UNANIMOUS] MOVER: Dave Cortese, President SECONDER: Cindy Chavez, Supervisor 16. Receive report from County Executive. Jeffrey V. Smith, County Executive, provided information relating to the recent judicial recall in the Santa Clara County Superior Court, noting potential financial implications of a special election. At the request of Supervisor Chavez, the Board directed Administration to report to the Board on date uncertain relating to the one-eighth cent County sales tax, a decision matrix and timeline relating to submitting an extension of the sales tax to the 2018 and 2020 election cycle, and other needs and potential risks that should be considered. 16 RESULT: RECEIVED 17. Receive report from County Counsel on legal issues and closed session meeting of September 11, James R. Williams, County Counsel, reported that at the September 11, 2017 closed session, by unanimous vote with all members present, the Board approved authority to initiate litigation in one matter. The name of the action and the defendants, as well as the substance of the litigation, shall be disclosed, once litigation is formally commenced, to any person upon inquiry. 17 RESULT: RECEIVED Regular Agenda - Items for Discussion 18. Held from August 29, 2017 (Item No. 12): Consider recommendations relating to High Speed Rail. (Department of Planning and Development) (ID# 86818) Page 9 of 35

10 Possible action: a. Receive report relating to the High Speed Rail Project. b. Direct Administration to summarize and submit Board comments regarding a preferred alternative to the High Speed Rail Authority. Three individuals addressed the Board. At the request of Supervisor Wasserman, the Board directed Administration to amend the three recommendations to the High Speed Rail Authority (HSRA) to pursue design options and alignment alternatives that avoid alignment of the rail through rural unincorporated, agricultural land in Gilroy and Morgan Hill; pursue design options and alignment alternatives that avoid alignment of the rail through central San Martin; pursue design options and alignment alternatives that avoid the construction of a viaduct North of Coyote Valley; pursue design options and alignment alternatives that avoid or minimize conflicts as identified in the County's constraints analysis and the Santa Clara Valley Habitat Plan as identified in the memo from the Habitat Agency Executive Director; direct Administration to convey these recommendations to the HSRA, with a request to the HSRA to consider such information in any and all decisions made; and, direct Administration to encourage the HSRA to solicit input and feedback on proposed actions or decisions from all potentially affected stakeholders, including residents, and incorporate their input as appropriate. At the request of Supervisor Chavez, the Board directed Administration to collaborate with the City of San Jose relating to final recommendations regarding planning of the High Speed Rail at the Diridon Station; and, report to the Board on date uncertain relating to feedback and recommendations from impacted cities and communities. 18 RESULT: APPROVED [4 TO 1] MOVER: Mike Wasserman, Supervisor SECONDER: Ken Yeager, Supervisor AYES: Wasserman, Chavez, Cortese, Yeager NAYS: Simitian 19. Held from (Item No. 19): Approve proposed Elected Officials' Compensation Setting Process for the Assessor, District Attorney, and Sheriff. (Employee Services Agency) (ID# 87949) Held to September 26, 2017 at the request of the Board. 19 RESULT: HELD [UNANIMOUS] Next: 9/26/2017 9:30 AM SECONDER: Ken Yeager, Supervisor 20. Held from (Item No. 20): Approve a structure for the District Attorney's salary that ties future pay adjustments to the County's agreement with Page 10 of 35

11 the Government Attorneys Association, including a three percent raise for 2016 (not applied retroactively, but in recognition of the fact that no raise was given that year) and a three percent raise for (Office of the District Attorney) (ID# 88186) Held to September 26, 2017 at the request of the Board. 20 RESULT: HELD [UNANIMOUS] Next: 9/26/2017 9:30 AM SECONDER: Ken Yeager, Supervisor 21. Under advisement from April 11, 2017 (Item No. 15): Consider recommendations relating to real property located at the Santa Clara County Fairgrounds. (Office of the County Executive) (ID# 88090) Possible action: a. Receive report from the Office of the County Executive relating to the Fairgrounds Request for Proposals (RFP). b. Declare intent to reject all proposals and receive community input. c. Direct Administration to begin new RFP process. Held to date uncertain at the request of Administration. 21 RESULT: HELD [UNANIMOUS] 22. Under advisement from August 29, 2017 (Item No. 18): Receive report from the Social Services Agency relating to Child Care Resource and Referral Services. (Social Services Agency) (ID# 88160) At the request of President Cortese, the Board directed Administration to notify the California Department of Education that the County is formally willing and committed to becoming eligible as a Child Care Resource and Referral provider; develop an implementation plan that would prepare the County to take over as a Child Care Resource and Referral provider; report to the Board on date uncertain with the implementation plan and any requests for additional resources needed; and, develop a second plan to initiate a pilot child care program that is run by the County, and, can provide a model for high quality care for otherwise underserved families. Page 11 of 35

12 22 RESULT: RECEIVED [4 TO 0] MOVER: Dave Cortese, President SECONDER: Cindy Chavez, Supervisor AYES: Wasserman, Chavez, Cortese, Yeager ABSTAIN: Simitian 23. Held from (Item No. 23): Approve Request for Appropriation Modification No $228,745 transferring funds from the General Fund Contingency Reserve to the Finance Agency's Controller-Treasurer Department budget relating to the transition of the Education Reimbursement Program operations from the Office of the County Executive s Learning and Employee Development to the Controller-Treasurer Department. (4/5 Roll Call Vote) (Finance Agency) (ID# 87865) Held to September 26, 2017 at the request of Administration. 23 RESULT: HELD [UNANIMOUS] Next: 9/26/2017 9:30 AM 24. Held from (Item No. 24): Adoption of Salary Ordinance No. NS amending Santa Clara County Salary Ordinance No. NS-5.18 relating to compensation of employees adding two Accountant/Auditor-Appraiser or Accountant Assistant positions and one Accountant III or Accountant II or Accountant/Auditor-Appraiser position in the Controller-Treasurer Department. (Finance Agency) (ID# 87643) Action to Introduce and Preliminarily adopt on September 26, 2017; Roll Call Vote to waive reading, Roll Call Vote to adopt. Action for Final Adoption on October 3, 2017; Roll Call Vote to adopt. Held to September 26, 2017 at the request of Administration. 24 RESULT: HELD [UNANIMOUS] Next: 9/26/2017 9:30 AM 25. Consider items previously removed from the Consent Calendar. Item No. 27b was reconsidered out of order after Item No Adjourn. (See Item No. 3) Closing President Cortese adjourned the meeting at 3:01 p.m. Page 12 of 35

13 Consent Calendar - Items will be considered under Item No. 6. Items removed from the Consent Calendar will be considered at the end of the regular agenda. 27. Approval: a. Approve minutes of the August 28, 2017 Regular Meeting prior to Closed Session. 27.a RESULT: APPROVED [UNANIMOUS] b. Approve minutes of the August 29, 2017 Regular Meeting. On motion of Supervisor Chavez, seconded by Supervisor Wasserman, the Board unanimously approved the minutes. On motion of Supervisor Wasserman, seconded by Supervisor Chavez, the Board unanimously approved reconsideration of the minutes. Approved as amended, at the request of Supervisor Chavez, to include recommendations within Item No. 15 for the District Attorney's Office to work with the Police Chiefs' Association to develop a protocol for law enforcement to distribute Victim Services Unit information to victims in multiple languages; and, engage staff with a background in social media to explore creating a mobilefriendly site for the Victim Services Unit, possibly separate from the District Attorney portal, that would include a short video with pictures and words. 27.b RESULT: APPROVED AS AMENDED [UNANIMOUS] MOVER: Mike Wasserman, Supervisor SECONDER: Cindy Chavez, Supervisor Santa Clara Valley Health and Hospital System 28. Adoption of Salary Ordinance No. NS amending Santa Clara County Salary Ordinance No. NS-5.18 relating to compensation of employees deleting one Business Configuration Analyst or Associate Business Configuration Analyst position and adding one Coder II or Coder I position in Valley Health Plan. (ID# 87788) Action to Introduce and Preliminarily adopt on ; Roll Call Vote to waive reading, Roll Call Vote to adopt. Action for Final Adoption on September 26, 2017; Roll Call Vote to adopt. Page 13 of 35

14 28 RESULT: ADOPTED (PRELIM.) [UNANIMOUS] Next: 9/26/2017 9:30 AM 29. Consider recommendations related to revenue and expenditure adjustments. (ID# 87984) Possible action: a. Approve Request for Appropriation Modification No $1,018,020 decreasing revenue and expenditures in the Santa Clara Valley Medical Center budget, relating to Fiscal Year (FY) year end revenue and expenditure adjustments. (Roll Call Vote) b. Approve Request for Appropriation Modification No $16,583,642 increasing revenue and expenditures in the Santa Clara Valley Medical Center budget, relating to FY Whole Person Care adjustments. (4/5 Roll Call Vote) 29 RESULT: APPROVED [UNANIMOUS] 30. Consider recommendations relating to gifts of $300,000 from The Health Trust and $500,000 from Santa Clara Family Health Plan in support of the Santa Clara Valley Health and Hospital System s Whole Person Care program. (ID# 87990) Possible action: a. Accept gifts. b. Authorize President, Board of Supervisors, to forward letters of appreciation to The Health Trust and Santa Clara Family Health Plan. 30 RESULT: APPROVED [UNANIMOUS] 31. Approve Fourth Amendment to Hospital Participation Agreement with American College of Surgeons relating to providing Trauma Quality Improvement Program for adults and pediatric patients increasing the maximum contract amount by $149,125 from $54,000 to $203,125 and extending the agreement for a 12-month period through June 30, 2018 with four one-year automatic renewal options, that has been reviewed and approved by County Counsel as to form and legality. An exception to Board of Supervisors Policy , Length of Term of Contracts, has been approved by the Office of Countywide Contracting Management. (ID# 86855) Page 14 of 35

15 31 RESULT: APPROVED [UNANIMOUS] 32. Approve First Amendment to Agreement with Racing Hearts relating to providing Automated External Defibrillator administration services, increasing the maximum contract amount by $500,000 from $500,000 to $1,000,000 with no change to the term of the Agreement, that has been reviewed and approved by County Counsel as to form and legality. (ID# 88118) 32 RESULT: APPROVED [UNANIMOUS] Public Health Department 33. Consider recommendations relating to increased tobacco control funding. (ID# 87605) Possible action: a. Approve Request for Appropriation Modification No $2,121,245 increasing revenue and expenditures in the Public Health Department budget, relating to increased tobacco control funding. (4/5 Roll Call Vote) b. Approve Acceptance of Allocation Agreement from the California Department of Public Health for the allocation of Proposition 99 and Proposition 56 funds for period July 1, 2017 through June 30, 2018, that has been reviewed and approved by County Counsel as to form and legality. 33 RESULT: APPROVED [UNANIMOUS] 34. Adoption of Salary Ordinance No. NS amending Santa Clara County Salary Ordinance No. NS-5.18 relating to compensation of employees adding one Administrative Assistant position, one Health Education Specialist position, one Health Planning Specialist III or Health Planning Specialist II position, one Health Program Specialist position, one Public Communication Specialist position, one Community Worker position, one Senior Health Care Program Manager position and one Research and Evaluation Specialist II or Research and Evaluation Specialist I position in the Public Health Department. (ID# 87612) Page 15 of 35

16 Action to Introduce and Preliminarily adopt on ; Roll Call Vote to waive reading, Roll Call Vote to adopt. Action for Final Adoption on September 26, 2017; Roll Call Vote to adopt. 34 RESULT: ADOPTED (PRELIM.) [UNANIMOUS] Next: 9/26/2017 9:30 AM Behavioral Health Department 35. Approve Agreement with Star View Behavioral Health, Inc., dba Star View Adolescent Center, relating to providing high level mental health treatment services, in an amount not to exceed $228,891 for period through June 30, 2018, that has been reviewed and approved by County Counsel as to form and legality. A single source exemption to competitive procurement has been approved by the Office of Countywide Contracting Management pursuant to Board of Supervisors Policy (D)(1). (ID# 87526) 35 RESULT: APPROVED [UNANIMOUS] Employee Services Agency 36. Adoption of Salary Ordinance No. NS amending Santa Clara County Salary Ordinance No. NS-5.18 relating to compensation of employees amending the Salary Schedule to increase the salary of the Administrative Director, Laboratory classification by 10 percent and to increase the salary of the Assistant Administrative Director, Laboratory classification by 12 percent. (ID# 88023) Action to Introduce and Preliminarily adopt on ; Roll Call Vote to waive reading, Roll Call Vote to adopt. Action for Final Adoption on September 26, 2017; Roll Call Vote to adopt. 36 RESULT: ADOPTED (PRELIM.) [UNANIMOUS] Next: 9/26/2017 9:30 AM 37. Adoption of Salary Ordinance No. NS amending Santa Clara County Salary Ordinance No. NS-5.18 relating to compensation of employees amending the Salary Schedule to increase the salary of the Supervising Weights and Measures Inspector classification by five percent. (ID# 88075) Action to Introduce and Preliminarily adopt on ; Roll Call Vote to waive reading, Roll Call Vote to adopt. Page 16 of 35

17 Action for Final Adoption on September 26, 2017; Roll Call Vote to adopt. 37 RESULT: ADOPTED (PRELIM.) [UNANIMOUS] Next: 9/26/2017 9:30 AM Board of Supervisors 38. Announce travel for members of the Board of Supervisors and other elected officials as follows: a. Vice President Simitian will travel to Washington, D.C., on September 25-29, 2017, to attend the Silicon Valley Leadership Group Fall Advocacy Trip and other meetings relating to County business. (ID# 88027) 38.a RESULT: RECEIVED b. Lawrence E. Stone, County Assessor, will travel to Las Vegas, Nevada, to attend the 83rd Annual International Conference on Assessment Administration on September 24-26, (ID# 88115) 38.b RESULT: RECEIVED 39. Consider the following meeting attendance reports: a. Receive report from Supervisorial District One relating to meetings attended through September 5, (ID# 88202) 39.a RESULT: RECEIVED b. Receive report from Supervisorial District Two relating to meetings attended through September 5, (ID# 88216) 39.b RESULT: RECEIVED c. Receive report from Supervisorial District Three relating to meetings attended through September 6, (ID# 87677) 39.c RESULT: RECEIVED d. Receive report from Supervisorial District Four relating to meetings attended through September 7, (ID# 88205) 39.d RESULT: RECEIVED e. Receive report from Supervisorial District Five relating to meetings attended through September 5, (ID# 88207) 39.e RESULT: RECEIVED Page 17 of 35

18 Housing, Land Use, Environment, and Transportation Committee 40. Receive report from the Housing, Land Use, Environment, and Transportation Committee relating to the meeting of August 17, (Cortese) (ID# 88248) 40 RESULT: RECEIVED Health and Hospital Committee 41. Receive report from the Health and Hospital Committee relating to the meeting of August 9, (Yeager) (ID# 88195) 41 RESULT: RECEIVED County Executive 42. Consider recommendations relating to the Corporate Sponsorship, Marketing, and Advertising Program. (Office of the County Executive) Resolution # BOS (ID# 88021) Possible action: a. Adopt Resolution adopting the 2017 Annual Review of the Corporate Sponsorship, Marketing, and Advertising Program. (Roll Call Vote) b. Approve the 2018 Work Plan for the Corporate Sponsorship, Marketing, and Advertising Program. 42 RESULT: APPROVED [UNANIMOUS] 43. Adoption of Salary Ordinance No. NS amending Santa Clara County Salary Ordinance No. NS-5.18 relating to compensation of employees deleting one Program Manager II or Program Manager I position in Santa Clara Valley Medical Center and adding one Program Manager II or Program Manager I position in the Information Services Department. (ID# 87956) Action to Introduce and Preliminarily adopt on ; Roll Call Vote to waive reading, Roll Call Vote to adopt. Action for Final Adoption on September 26, 2017; Roll Call Vote to adopt. 43 RESULT: ADOPTED (PRELIM.) [UNANIMOUS] Next: 9/26/2017 9:30 AM 44. Approve Second Amendment to Agreement with Apptio, Inc., relating to providing professional services and software subscription for a technology business Page 18 of 35

19 management software solution increasing the maximum contract amount by $60,000 from $909,500 to $969,500 and extending the agreement for a 12-month period through August 14, 2019, that has been reviewed and approved by County Counsel as to form and legality. (ID# 87845) 44 RESULT: APPROVED [UNANIMOUS] 45. Consider recommendations relating to Criminal Justice Information Control (CJIC) network access. (ID# 87509) Possible action: a. Approve retroactive Revenue Agreement with the State Department of Justice (DOJ) relating to providing access and network connections to the CJIC system in an amount not to exceed $39, for period July 1, 2017 through June 30, 2020, that has been reviewed and approved by County Counsel as to form and legality. b. Approve retroactive Revenue Agreement with Santa Clara City Attorney relating to providing access and network connections to the CJIC system in an amount not to exceed $2, for period July 1, 2017 through June 30, 2020, that has been reviewed and approved by County Counsel as to form and legality. 45 RESULT: APPROVED [UNANIMOUS] 46. Approve Request for Appropriation Modification No $153,739 increasing revenue and expenditures in the Information Services Department budget relating to deleting one Program Manager II or Program Manager I position in Santa Clara Valley Medical Center and adding one Program Manager II or Program Manager I position in the Information Services Department. (Roll Call Vote) (ID# 87957) 46 RESULT: APPROVED [UNANIMOUS] 47. Held from (Item No. 47): Approve Request for Appropriation Modification No Revised - $52,725,741 re-appropriating Fiscal Year 2017 funds within the Information Services Department relating to information technology projects and contract allocations. (4/5 Roll Call Vote) (Office of the Chief Information Officer) (ID# 87964) Page 19 of 35

20 Held to September 26, 2017 at the request of Supervisor Chavez. 47 RESULT: HELD [UNANIMOUS] Next: 9/26/2017 9:30 AM 48. Approve Agreement with Cristo Rey San Jose High School relating to the provision of student workers for County Student Work Study Program in an amount not to exceed $580,000 for period October 1, 2017 through June 30, 2020, that has been reviewed and approved by County Counsel as to form and legality. (ID# 88070) 48 RESULT: APPROVED [4 TO 0] AYES: Wasserman, Chavez, Cortese, Yeager ABSTAIN: Simitian 49. Approve Agreement with Tribridge Holdings, LLC, relating to providing a Jail Management System and Services in an amount not to exceed $5,028,965 for period September 18, 2017 through September 17, 2022 that has been reviewed and approved by County Counsel as to form and legality. (ID# 88241) 49 RESULT: APPROVED [UNANIMOUS] 50. Approve Second Amendment to Agreement with Prime Policy Group relating to providing federal advocacy services increasing the maximum contract amount by $45,000 from $950,000 to $995,000, and extending the agreement for a 3-month period through December 31, 2017, that has been reviewed and approved by County Counsel as to form and legality. An exception to Board of Supervisors Policy , Length of Term of Contracts, has been approved by the Office of Countywide Contracting Management. (ID# 88058) 50 RESULT: APPROVED [UNANIMOUS] 51. Receive monthly status report on items referred to Administration. (ID# 88079) 51 RESULT: RECEIVED Page 20 of 35

21 Office of Supportive Housing 52. Approve amendment to the June 21, 2016 delegation of authority to the County Executive, or designee, relating to the Santa Clara County Housing Authority s acquisition of the Buena Vista Mobile Home Park, modifying the requirement that any proceeds from a future sale be reinvested to create affordable housing in the City of Palo Alto (express condition number six), to limit the restriction to apply only to the share of the proceeds (plus appreciation) corresponding to the amount contributed by the County and the City of Palo Alto. (ID# 88139) 52 RESULT: APPROVED [UNANIMOUS] Procurement Department 53. Approve Sixth Amendment to Agreement No with Allied Waste Services of Santa Clara County, dba Republic Services relating to providing solid waste collection, disposal, and recycling services, exercising a renewal option to extend the Agreement for a two-year period through September 30, 2019 with no change to the maximum contract amount, that has been reviewed and approved by County Counsel as to form and legality. An exception to Board of Supervisors Policy , Length of Term of Contracts, has been approved by the Office of Countywide Contracting Management. (ID# 87468) 53 RESULT: APPROVED [UNANIMOUS] 54. Approve Sixth Amendment to Agreement with Quest Diagnostic Nichols Institute relating to providing reference laboratory testing services increasing the maximum contract amount by $3,000,000 from $13,100,000 to $16,100,000, and extending the agreement for a two-year period through September 27, 2019, that has been reviewed and approved by County Counsel as to form and legality. An exception to Board of Supervisors Policy , Length of Term of Contracts, has been approved by the Office of Countywide Contracting Management. (ID# 87999) 54 RESULT: APPROVED [UNANIMOUS] 55. Approve Agreement No with Cardinal Health 200, LLC, relating to providing laboratory goods for distribution, in an amount not to exceed $7,500,000 Page 21 of 35

22 for period October 1, 2017 through September 30, 2022, that has been reviewed and approved by County Counsel as to form and legality. (ID# 88014) 55 RESULT: APPROVED [UNANIMOUS] County Counsel 56. Consider recommendations relating to Conflict of Interest Codes. (ID# 88137) Possible action: a. Approve the Conflict of Interest Code for Morgan Hill Unified School District. b. Approve the Conflict of Interest Code for Silicon Valley Clean Energy Authority. 56 RESULT: APPROVED [UNANIMOUS] Boards and Commissions 57. Approve Request for Appropriation Modification No $2,186 transferring funds and increasing expenditures in the Fish and Game Commission Budget, relating to request from the Guadalupe River Park Conservancy to purchase equipment necessary for school field trips and education. (4/5 Roll Call Vote) (ID# 88092) 57 RESULT: APPROVED [UNANIMOUS] 58. Announce appointments and reappointments by individual Board members to various Boards and Commissions. a. Supervisor Wasserman: (ID# 88204) i. Appoints Ariel Cooper to the Youth Task Force, seat number a RESULT: APPROVED [UNANIMOUS] Page 22 of 35

23 b. Supervisor Chavez: (ID# 88170) i. Appoints Judge Stephen Manley to the Human Trafficking Commission, as an alternate to seat number 14. ii. Appoints Sruthisri Ravisankar to the Youth Commission, seat number 3. iii. Appoints Judah Marsden to the Youth Task Force, seat number 4. iv. Reappoints Suzanne W. Barnes to the Province of Florence, Italy, Sister- County Commission, seat number b RESULT: APPROVED [UNANIMOUS] c. Deleted. 59. Approve Board-As-a-Whole appointments and reappointments to various Boards and Commission. a. Supervisor Wasserman nominates: (ID# 88203) i. James Acker for appointment to the South Santa Clara County Fire District Board of Commissioners, seat number a RESULT: APPROVED [UNANIMOUS] b. Supervisor Simitian nominates: (ID# 88175) i. William Anderson for reappointment to the Assessment Appeals Board I, seat number b RESULT: APPROVED [UNANIMOUS] c. Supervisor Yeager nominates: (ID# 88206) i. Pamela Courtney for appointment to the CordeValle Youth Golf Foundation, Inc., Board of Directors, seat number 3. ii. Paul Hogan for reappointment to the Assessment Appeals Legal Hearing Officers, seat number 2. Page 23 of 35

24 iii. Beverly Lozoff for appointment to the Public Authority for In-Home Supportive Services Advisory Board, seat number c RESULT: APPROVED [UNANIMOUS] Law and Justice 60. Approve First Amendment to Agreement with New Dawn Technologies Inc., aka Journal Technologies increasing the maximum contract amount by $7,500 from $1,834,201 to $1,841,701 with no change to the term of the Agreement, that has been reviewed and approved by County Counsel as to form and legality. (ID# 88136) 60 RESULT: APPROVED [UNANIMOUS] Finance Agency 61. Receive Monthly Investment Report for period ending July 31, (ID# 88078) 61 RESULT: RECEIVED Commendations and Proclamations 62. Commendations and Proclamations. (See Item No. 4) a. Adopt Proclamation declaring September 2017 as "Wine Month" in Santa Clara County. (Wasserman) (ID# 88217) 62.a RESULT: ADOPTED [UNANIMOUS] b. Adopt Commendation for the Indian Health Center on the occasion of its 40th anniversary of providing quality service and care to their patients. (Chavez) (ID# 88208) 62.b RESULT: ADOPTED [UNANIMOUS] Page 24 of 35

25 c. Adopt Commendation for Clyde Powell, commemorating his contributions to Bay Area journalism. (Chavez) (ID# 88234) 62.c RESULT: ADOPTED [UNANIMOUS] d. Adopt Commendation for U-Star Production for its success over the past three years and the continuing enrichment it brings to the residents of Santa Clara County. (Cortese) (ID# 88225) 62.d RESULT: ADOPTED [UNANIMOUS] e. Adopt Commendation for Confucius Memorial Ceremony for its success over the past 36 years and congratulating all the teachers honored for their hard work and dedication to serving the Bay Area communities. (Cortese) (ID# 88226) 62.e RESULT: ADOPTED [UNANIMOUS] f. Adopt Proclamation declaring September 25, 2017 as "Day of Remembrance" in Santa Clara County and encouraging all residents of Santa Clara County to recognize and participate in its observance. (Cortese) (ID# 88227) 62.f RESULT: ADOPTED [UNANIMOUS] g. Adopt Proclamation declaring October 10, 2017 as "National Day of the Republic of China (Taiwan)" in Santa Clara County and congratulating the Taiwanese American community on its 106th Anniversary. (Cortese) (ID# 88228) 62.g RESULT: ADOPTED [UNANIMOUS] h. Adopt Proclamation declaring October 10, 2017 as "Double Tenth National Day" in Santa Clara County and congratulating the Taiwanese American community on its 106th Anniversary. (Cortese) (ID# 88229) Page 25 of 35

26 62.h RESULT: ADOPTED [UNANIMOUS] i. Adopt Proclamation declaring the Month of September 2017 as "Ovarian Cancer Awareness Month" in Santa Clara County. (Cortese) (ID# 88230) 62.i RESULT: ADOPTED [UNANIMOUS] j. Adopt Commendation for Ysabel Duron for her tremendous dedication and service to improve the quality of life for the Latino American community in Santa Clara County. (Cortese) (ID# 88231) 62.j RESULT: ADOPTED [UNANIMOUS] k. Adopt Commendation for the Children Moon Festival 2017 for its success over the past 26 years and the continuing enrichment it brings to the residents of Santa Clara County. (Cortese) (ID# 88233) 62.k RESULT: ADOPTED [UNANIMOUS] l. Adopt Commendation for Dolores Huerta for her tremendous dedication and service to improve the quality of life for the Latino American community in Santa Clara County. (Cortese) (ID# 88249) 62.l RESULT: ADOPTED [UNANIMOUS] m. Adopt Commendation for David Loeb upon the occasion of his retirement as Executive Director of the Bay Nature Institute and Publisher of Bay Nature magazine after nearly two decades of service to our environment and community. (Simitian) (ID# 88050) Page 26 of 35

27 62.m RESULT: ADOPTED [UNANIMOUS] n. Adopt Proclamation declaring September 2017 as "Community Preparedness Month" in Santa Clara County. (Office of County Executive) (ID# 88041) 62.n RESULT: ADOPTED [UNANIMOUS] Parks and Recreation Department 63. Consider recommendations relating to Bids for construction of Quarter Midget Parking Expansion and Shop Building at Motorcycle County Park. (ID# 87661) Possible action: a. Award contract to Innovation Construction Solutions, Inc., in the amount of $1,113,170 with a construction time of 120 calendar days. b. Approve encumbrance of additional $111,330 as Supplemental Work Allowance for a total encumbered amount of $1,224,500 amount. c. Authorize County Executive, or designee, to issue Change Orders, as necessary, against the allowance for Supplemental Work and to approve modifications to the construction time. d. Ratify Addendum to Bid Documents No. 1 which modified or clarified the Bid Documents in response to contractor questions. e. Approve Request for Appropriation Modification No $675,000 increasing grant revenue and expenditure ($148,000), transferring funds within Park Charter ($27,000), and transferring from Park Charter fund balance ($500,000). (4/5 Roll Call Vote) 63 RESULT: APPROVED [UNANIMOUS] Roads and Airports Department 64. Adopt Resolution designating bicycle lanes on portions of Union Avenue, San Jose. (Roll Call Vote) Resolution # BOS (ID# 87563) Page 27 of 35

28 64 RESULT: ADOPTED [UNANIMOUS] 65. Adopt Resolution establishing No Stopping Any Time areas on Union Avenue, San Jose. (Roll Call Vote) Resolution # BOS (ID# 87564) 65 RESULT: ADOPTED [UNANIMOUS] 66. Consider recommendations relating to the sale of real property not needed for County purposes located on the northerly side of Alviena Drive west of White Road in San Jose, Assessor's Parcel No Resolution # BOS (ID# 87791) Possible action: a. Adopt Resolution accepting bid for the sale of real property not needed for County purposes located on the northerly side of Alviena Drive west of White Road in San Jose. (Roll Call Vote) b. Approve Grant Deed and necessary documents relating to the sale of Countyowned property located on the northerly side of Alviena Drive west of White Road in San Jose to Sandy Xuan Tran. 66 RESULT: APPROVED [UNANIMOUS] Facilities and Fleet Department 67. Approve Request for Appropriation Modification No. 7 - $826,000 reappropriating funds within the Facilities and Fleet Department, Fleet Management Budget relating to Fiscal Years 2017 and 2018 vehicle purchases. (Roll Call Vote) (ID# 88047) 67 RESULT: APPROVED [UNANIMOUS] 68. Approve the Project, adopt specifications and Project Manual, authorize advertisement of Contract Documents for construction of Job Order Contracts Page 28 of 35

29 JOC-FAF and, JOC-FAF and direct the Clerk of the Board to open bids on Thursday, October 12, 2017 at 2:00 p.m., in the Office of the Clerk of the Board of Supervisors. (ID# 88010) 68 RESULT: APPROVED [UNANIMOUS] 69. Approve Request for Appropriation Modification No. 8 - $172,794, reappropriating funds within the Facilities and Fleet Department budget relating to Capital Improvement Fund Projects and re-appropriating funds to the Facilities and Fleet Department from various AB109 and Bond Funds to the Capital Improvement Fund for Board Approved Bond Projects. (Roll Call Vote) (ID# 88062) 69 RESULT: APPROVED [UNANIMOUS] 70. Approve Request for Appropriation Modification No $305,000 transferring funds from the Facilities and Fleet Capital Hold Account to Capital Project CP17022 "Parisi House Generator." (Roll Call Vote) (ID# 87913) 70 RESULT: APPROVED [UNANIMOUS] 71. Consider recommendations relating to Professional Services Agreements (PSA) with Kitchell CEM, Inc., and BFGC-IBI Group Architecture Planning. (ID# 87439) Possible action: a. Approve First Amendment to the PSA with Kitchell CEM, Inc., relating to providing on-call construction management services extending the agreement for a 36-month period through September 23, 2020, with no change to the maximum contract, amount that has been reviewed and approved by County Counsel as to form and legality. An exception to Board of Supervisors Policy , Length of Term of Contracts, has been approved by the Office of Countywide Contracting Management. b. Authorize the County Executive, or designee, to be the Owner's Authorized Representative to negotiate, execute, amend, terminate, and take any and all necessary or advisable actions relating to the PSA with Kitchell CEM, Inc., Page 29 of 35

30 including issuance of Project Agreements for services during its term, extension of the PSA term by up to three months, and increase of the maximum compensation limit by up to $50,000 following approval by County Counsel as to form and legality. Delegation of authority shall expire on September 23, c. Approve Fourth Amendment to the PSA with BFGC-IBI Group relating to providing architectural and engineering services extending the term for a 36-month period from December 13, 2017 to December 12, 2020, with no change to the maximum contract amount, that has been reviewed and approved by County Counsel as to form and legality. An exception to Board of Supervisors Policy , Length of Term of Contracts, has been approved by the Office of Countywide Contracting Management. d. Authorize the County Executive, or designee, to be the Owner's Authorized Representative to negotiate, execute, amend, terminate, and take any and all necessary or advisable actions relating to the PSA with BFGC-IBI Group Architecture Planning, including issuance of Project Agreements for services during its term, extension of the PSA term by up to three months, and increase of the maximum compensation limit by up to $100,000 following approval by County Counsel as to form and legality. Delegation of authority shall expire on December 12, RESULT: APPROVED [UNANIMOUS] 72. Consider recommendations relating to amendments to Lease Agreement with Asian Americans for Community Involvement for premises located at 2400 Moorpark Avenue, San Jose. (ID# 87927) Possible action: a. Approve Fifth Amendment to Lease Agreement with Asian Americans for Community Involvement of Santa Clara County, for premises located at 2400 Moorpark Avenue, Suites 110, 114, 206, 208, 209 and 308A, San Jose, providing approximately 5,133 square feet of office space, in an amount not to exceed $1,637, for period October 1, 2017 through September 30, 2022, that has been reviewed and approved by County Counsel as to form and legality. b. Approve Fifth Amendment to Lease Agreement with Asian Americans for Community Involvement of Santa Clara County, for premises located at 2400 Moorpark Avenue, Suites 50, 100, 101, 105, 112, 113, 118, 119, 201, 204, 204A, 205, 207, 207B, 212, 214, 220, 306, 308 and 316, San Jose, providing approximately 70,376 square feet of office space and an annual landlord reimbursement for tenant improvements in an amount not to exceed $50,000 Page 30 of 35

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