MINUTES September 15, :00 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 Orry P. Korb Ken Yeager, District 4 County Counsel MINUTES 9:00 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 Vice President Simitian called the meeting to order at 9:05 a.m. Attendee Name Title Status Arrived Mike Wasserman Supervisor Present Cindy Chavez Supervisor Present Dave Cortese President Present 9:29 AM Ken Yeager Supervisor Present S. Joseph Simitian Vice President Present 2. Pledge of Allegiance. The Pledge of Allegiance was recited. 3. Invocation by Reverend Nathan Winterhof, Prince of Peace Lutheran Church, Saratoga. (Simitian) (ID# 78165) In the absence of Reverend Winterhof, the Invocation by Reverend Sara Pearson, Prince of Peace Lutheran Church, was received. Page 1 of 38

2 4. Public Comment. (ID# 78276) Public Issues Thirteen individuals addressed the Board and six individuals submitted written comments for the record. (President Cortese arrived at 9:29 a.m.) 5. Approve consent calendar and changes to the Board of Supervisors' Agenda. Item No. 5 was taken after Item No. 6. Item Nos. 18, 19, 20, 22, and 23 were added to the consent calendar. Item Nos. 45, 51, 82, and 89 were removed from the consent calendar, with Item No. 51 considered concurrently with Item No. 17. Corrections were made to Item Nos. 6, 7, and 76 to reflect the correct number noted within the parentheses. Item No. 16 was held to October 6, Item Nos. 21 and 60 were held to September 29, President Cortese requested that Item Nos. 10 and 15 be considered concurrently. 5 RESULT: APPROVED AS AMENDED [UNANIMOUS] Ceremonial Presentations 6. Announce Adjournments in Memoriam. (See Item No. 25) Item No. 6 was taken after Item No. 4. Agenda language was corrected to reflect: (See Item No. 30). The adjournments were announced. A commendation was presented to the family of Joyce Jahnke. a. Adjourn in honor and memory of Joyce Jahnke. (Wasserman) (ID# 77928) A commendation was presented to the family of Joyce Jahnke. b. Adjourn in honor and memory of Lani Kaye Luthard. (Chavez) (ID# 78119) c. Adjourn in honor and memory of William Paul Drake. (Chavez) (ID# 78156) d. Adjourn in honor and memory of Mohan Narain Sigh Kapoor. (Cortese) (ID# 78209) 7. Commendations and Proclamations. (See Item No. 69) Item No. 7 was taken after Item No. 5. Agenda language was corrected to reflect: (See Item No. 76). Page 2 of 38

3 The Commendations and Proclamations were presented. a. Present Proclamation welcoming Director General Joseph Chung-lin Ma from Taiwan. (President) b. Deleted. c. Present Proclamation declaring September 23, 2015 as "Falls Prevention Awareness Day" in Santa Clara County. (President) d. Present Commendation for Kathryn Hogan as she retires after 25 years of service to the County of Santa Clara. (President) e. Present Commendation for Mary Sousa for her years of service to the community. (Chavez) f. Present Commendation for Trinity Episcopal Cathedral and Canterbury Bridge, San Jose State University Campus Episcopal Ministries. (Chavez) Time Certain - To Be Heard No Earlier Than 9:30 a.m. 8. Receive report relating to the African/African Ancestry Health Assessment. (Public Health Department) (ID# 77497) Thirteen individuals addressed the Board. At the request of Supervisor Yeager, the Board directed Administration to develop an action plan relating to implementation of the recommendations outlined in the report, for report to the Health and Hospital Committee in December RESULT: RECEIVED [UNANIMOUS] MOVER: Ken Yeager, Supervisor SECONDER: S. Joseph Simitian, Vice President Board Referrals 9. Held from August 25, 2015 (Item No. 13): Direct County Executive and County Counsel to prepare a gender and ethnicity pay equity policy and ordinance that would include both the County as employer and the agencies which the County contracts with, to be presented to the Finance and Government Operations Committee and the Children, Seniors and Family Committee in November (Chavez/Cortese) (ID# 77953) Eleven individuals addressed the Board and one individual submitted written comments for the record. Page 3 of 38

4 In addition, at the request of Supervisor Yeager, the Board directed Administration to provide a preliminary analysis relating to the feasibility of including sexual orientation in the non-discrimination policy. Further, at the request of Vice President Simitian, the Board directed Administration to review language in the Board Policy that requires contracts with outside vendors to include a non-discrimination policy. 9 RESULT: APPROVED AS AMENDED [UNANIMOUS] MOVER: Dave Cortese, President SECONDER: Cindy Chavez, Supervisor 10. Direct administration to prepare and present for approval to the Board of Supervisors, an action plan of various reforms related to the Department of Corrections to be acted upon at a regular or special meeting to be determined by the Board President no earlier than September 22, (Cortese/Chavez/Smith/Hirokawa) (ID# 78213) Item No. 10 was considered concurrently with Item No. 15. Twelve individuals addressed the Board. In addition, at the request of Supervisor Yeager, the Board directed Administration to provide information relating to behavioral health in custody, including screening and assessment conducted during booking, for report to the Health and Hospital Committee in October 2015; and, subsequently for final consideration to the Board on date uncertain. President Cortese recessed the meeting at 1:06 p.m. 10 RESULT: APPROVED AS AMENDED [UNANIMOUS] SECONDER: Dave Cortese, President 11. Direct Administration to report to the Board relating to companies that could offer a Rideshare/Carpool Benefit program for County employees to use for commuting. (Yeager) (ID# 78167) President Cortese reconvened the meeting at 1:42 p.m. 11 RESULT: APPROVED [UNANIMOUS] MOVER: Ken Yeager, Supervisor SECONDER: Cindy Chavez, Supervisor Board of Supervisors and Board Appointees 12. Receive report from County Executive. Page 4 of 38

5 Jeffrey V. Smith, County Executive, provided an update relating to the Daughters of Charity hospitals. 12 RESULT: RECEIVED 13. Receive report from County Counsel on legal issues and closed session meeting of September 8 and September 14, Orry P. Korb, County Counsel, stated that no reportable actions were taken at the September 8, 2015 special closed session meeting and reported that at the September 14, 2015 closed session, with all members present, the Board unanimously 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. 13 RESULT: RECEIVED Regular Agenda - Items for Discussion 14. Consider recommendations relating to discussion at the Santa Clara County Bail and Release Work Group meeting of August 31, 2015, regarding participation in federal immigration enforcement. (Office of the County Counsel and Office of the County Executive) (ID# 78080) a. Receive report presented to the Bail and Release Work Group relating to County participation in federal immigration enforcement. b. Receive report summarizing public comments and Bail and Release Work Group member comments, and containing Bail and Release Work Group meeting transcript. c. Receive report providing additional information requested by the Bail and Release Work Group. d. Direct Administration to return with changes, if any, to Board of Supervisors Policy 3.54 the Board may wish to consider. Fifty-one individuals addressed the Board and eight individuals submitted written comments for the record. At the request of Supervisor Yeager, the proposed modifications relating to Board Policy 3.54, Civil Immigration Detainer Requests, were forwarded to the Bail and Release Work Group for review and discussion, and subsequently for final consideration to the Board on October 20, Page 5 of 38

6 14 RESULT: APPROVED AS AMENDED [4 TO 0] MOVER: Dave Cortese, President AYES: Wasserman, Chavez, Cortese, Yeager ABSTAIN: Simitian 15. Under advisement from December 16, 2014 (Item No. 9): Receive report relating to body-worn cameras. (Office of the County Executive and Office of the County Counsel) (ID# 77978) Item No. 15 was considered concurrently with Item No. 10. Three individuals addressed the Board. At the request of Vice President Simitian, the Board directed Administration to collaborate with the Office of the Sheriff to develop a policy relating to the use of bodyworn cameras. 15 RESULT: RECEIVED [UNANIMOUS] MOVER: S. Joseph Simitian, Vice President SECONDER: Mike Wasserman, Supervisor 16. Held from August 11, 2015 (Item No. 59): Adoption of Ordinance No. NS adding Division B26.5 to the County of Santa Clara Ordinance Code regulating medicinal marijuana cultivation. (Office of the County Executive) (ID# 76702) Action to Introduce and Preliminarily adopt on ; Roll Call Vote to waive reading, Roll Call Vote to adopt. Action for Final Adoption on September 29, 2015; Roll Call Vote to adopt. Held at the request of Administration. 16 RESULT: HELD [UNANIMOUS] Next: 10/6/2015 9:00 AM 17. Held from August 25, 2015 (Item No. 16): Consider recommendations relating to Older Americans Act Funding for Congregate Meals and Home-Delivered Meals. (Social Services Agency) (ID# 77523) a. Approve retroactive Agreement with Sourcewise relating to receiving Title III Funding and Nutrition Services Incentive Program (NSIP) Funding of the Older Americans Act for congregate meals in an amount not to exceed $1,735,921 for Page 6 of 38

7 period July 1, 2015 through June 30, 2016, that has been reviewed and approved by County Counsel as to form and legality. b. Approve retroactive Agreement with Sourcewise relating to receiving Title III Funding and NSIP Funding of the Older Americans Act for home-delivered meals in an amount not to exceed $946,361 for period July 1, 2015 through June 30, 2016, that has been reviewed and approved by County Counsel as to form and legality. Item Nos. 17 and 51 were considered concurrently. 17 RESULT: APPROVED [4 TO 1] AYES: Wasserman, Chavez, Cortese, Yeager NAYS: Simitian 18. Ratify Second Amendment to Agreement with University of California, San Francisco Regents relating to providing mandated psychiatric/psychological evaluations and expert testimony for evidentiary hearings, increasing the maximum contract amount by $20,000 from $60,000 to $80,000, and extending the Agreement for a 12-month period from July 1, 2015 through June 30, 2016, that has been reviewed and approved by County Counsel as to form and legality. A single source exception to competitive procurement has been approved by the Office of Countywide Contracting Management (OCCM) pursuant to Board of Supervisors Policy (D)(2)(a). An exception to Board of Supervisors Policy , Length of Term of Contracts, has been approved by OCCM. (Behavioral Health Department) (ID# 77439) Added to the consent calendar at the request of Supervisors Chavez and Yeager. 18 RESULT: RATIFIED [UNANIMOUS] 19. Ratify Agreement with San Miguel Villa relating to providing 24-hour care for a seriously mentally ill patient in an amount not to exceed $200 per day for period July 31, 2015 through June 30, 2016, that has been reviewed and approved by County Counsel as to form and legality. A single source exception to competitive procurement has been approved by the Office of Countywide Contracting Management pursuant to Board of Supervisors Policy (D)(2)(a). (Behavioral Health Department) (ID# 77736) Added to the consent calendar at the request of Supervisors Chavez and Yeager. Page 7 of 38

8 19 RESULT: RATIFIED [UNANIMOUS] 20. Approve Agreement with Fresh Approach relating to providing low cost produce via a mobile concessionaire for County owned and operated parking lots, for period through September 14, 2016 and four additional oneyear renewal options, that has been reviewed and approved by County Counsel as to form and legality. (ID# 78088) Added to the consent calendar at the request of Supervisors Wasserman and Yeager. 20 RESULT: APPROVED [UNANIMOUS] 21. Held from August 25, 2015 (Item No. 85): Approve Agreement with City of San Jose relating to providing a Community Garden Program within Martial Cottle County Park in an amount not to exceed $500,000 in capital improvements for period August 25, 2015 through August 15, 2035 with two ten-year renewal options, that has been reviewed and approved by County Counsel as to form and legality. (Parks and Recreation Department) (ID# 77711) Held at the request of Supervisor Wasserman. 21 RESULT: HELD [UNANIMOUS] Next: 9/29/2015 9:00 AM 22. Under advisement from August 25, 2015 (Item No. 23): Consider amended recommendations relating to Final Grand Jury Report: The Public Is Underserved: Educational and Vocational Needs for Women Inmates at Elmwood. (Office of the County Executive) (ID# 78185) a. Adopt amended response from Administration to Final Grand Jury Report relating to The Public Is Underserved: Educational and Vocational Needs for Women Inmates at Elmwood. AND b. Authorize Board President and Clerk of the Board to forward department amended response to Grand Jury report to the Presiding Judge of the Superior Court with Page 8 of 38

9 approval that responses constitute the response of the Board of Supervisors, consistent with provisions of California Penal Code Section 933 (c). OR c. Adopt a separate or amended response to the Final Grand Jury Report relating to The Public Is Underserved: Educational and Vocational Needs for Women Inmates at Elmwood and authorize Board President and Clerk of the Board to forward response to the Presiding Judge of the Superior Court. Added to the consent calendar at the request of Supervisor Chavez. Possible actions a and b were approved. 22 RESULT: APPROVED [UNANIMOUS] 23. Under advisement from August 25, 2015 (Item No. 24): Consider amended recommendations relating to Final Grand Jury Report: Child Abuse and Neglect Call Center, Can Every Call Be Answered? (Office of the County Executive) (ID# 78186) a. Adopt amended response from Administration to Final Grand Jury Report relating to: Child Abuse and Neglect Call Center, Can Every Call Be Answered? AND b. Authorize Board President and Clerk of the Board to forward department amended response to Grand Jury report to the Presiding Judge of the Superior Court with approval that responses constitute the response of the Board of Supervisors, consistent with provisions of California Penal Code Section 933 (c). OR c. Adopt a separate or amended response to the Final Grand Jury Report relating to Child Abuse and Neglect Call Center, Can Every Call Be Answered? and authorize Board President and Clerk of the Board to forward response to the Presiding Judge of the Superior Court. Added to the consent calendar at the request of Supervisor Chavez. Possible actions a and b were approved. 23 RESULT: APPROVED [UNANIMOUS] Page 9 of 38

10 24. Consider items previously removed from the Consent Calendar. See Item Nos. 45, 51, 82, and Recess to 1:00 p.m. Recess - 12:30 p.m. Recessed at 1:06 p.m. at the conclusion of Item No. 10. Time Certain - To Be Heard No Earlier Than 1:00 p.m 26. Receive report from the Office of the County Executive relating to recommendations from the Housing Task Force. (ID# 78040) Seventeen individuals addressed the Board, and two individuals submitted written comments. 26 RESULT: RECEIVED [UNANIMOUS] MOVER: Mike Wasserman, Supervisor SECONDER: Cindy Chavez, Supervisor 27. Consider recommendations related to the Housing Task Force's recommendations from August 14, (ID# 78064) a. Approve Request for Appropriation Modification No $275,000, transferring funds from the General Fund Contingency Reserve to the Office of Supportive Housing Behavioral Health Services Department budget and recognizing revenues and expenditures relating to permanent housing programs and temporary interventions for homeless persons. (4/5 Roll Call Vote) b. Direct Administration to implement modified Housing Task Force recommendations as outlined in the Implementation Plan. Thirty-six individuals addressed the Board, and six individuals submitted written comments.. At the request of Supervisor Chavez, the Board amended the recommendation to include consideration of investment in the purchase of land for affordable housing development; engaging with non-profit organizations in assessing land use and identifying projects; review of staffing levels and expertise in the Office of Supportive Housing; and, maintaining flexibility relating to issuance of Requests for Proposals/Qualifications/Information regarding shelter beds. Page 10 of 38

11 27 RESULT: APPROVED AS AMENDED [UNANIMOUS] SECONDER: Mike Wasserman, Supervisor 28. Consider recommendations relating to the North County Cold Weather Shelter Program. (Office of Supportive Housing) (ID# 78018) a. Receive report relating to a temporary site for the North County Cold Weather Shelter Program. b. Provide the Administration with direction regarding the selection of a temporary site for the North County cold weather shelter program. Three individuals addressed the Board. At the request of Vice President Simitian, the Board directed Administration to proceed on Parcel A of the former Onizuka Air Force Station site with a one-year commitment and to provide outreach and cooperation with the speakers from Foothill/DeAnza College. 28 RESULT: APPROVED [UNANIMOUS] MOVER: S. Joseph Simitian, Vice President SECONDER: Cindy Chavez, Supervisor 29. Under advisement from August 25, 2015 (Item No.11): Receive report relating to the Expressway Program funding component of a potential 2016 Local Transportation Sales Tax Measure. (Roads and Airports Department) (ID# 78112) Ten individuals addressed the Board. At the request of Supervisor Chavez, the Board directed Administration to provide information relating to an analysis of opportunities relative to the County Housing Plan and supportive housing. Supervisor Chavez left the meeting at 5:28 p.m. 29 RESULT: RECEIVED [UNANIMOUS] SECONDER: S. Joseph Simitian, Vice President 30. Adjourn. Closing President Cortese adjourned the meeting at 5:32 p.m. Page 11 of 38

12 Consent Calendar - Items will be considered under Item No. 5. Items removed from the consent calendar will be considered at the end of the morning session regular agenda. 31. Approval: a. Approve minutes of the August 24, 2015 Regular Meeting prior to Closed Session. 31.a RESULT: APPROVED [UNANIMOUS] b. Approve minutes of the August 25, 2015 Regular Meeting. 31.b RESULT: APPROVED [UNANIMOUS] c. Approve minutes of the September 8, 2015 Special Meeting prior to Closed Session. 31.c RESULT: APPROVED [UNANIMOUS] Social Services Agency 32. Consider recommendations relating to Grant Agreement with the Superior Court of California for orthodontic services for children and youth in the child welfare system. (ID# 77401) a. Approve Agreement with the Superior Court of California, County of Santa Clara, relating to providing orthodontic services for children and youth in the child welfare system in an amount not to exceed $63,033 for period through June 30, 2016, that has been reviewed and approved by County Counsel as to form and legality. b. Approve Request for Appropriation Modification No $63,033 increasing onetime revenue and expenditures, and transferring funds in the Social Services Agency budget. (4/5 Roll Call Vote) Page 12 of 38

13 32 RESULT: APPROVED [UNANIMOUS] Santa Clara Valley Health and Hospital System 33. Consider recommendations relating to Professional Services Agreement (PSA) for architectural and engineering design and related professional services for the Santa Clara Valley Medical Center (SCVMC) Women and Children's Center projects. (ID# 77432) a. Approve the PSA with The Design Partnership, LLP relating to providing architectural and engineering design and related professional services for the SCVMC Women and Children's Center projects, in an amount not to exceed $2,000,000 for period through September 14, 2020, that has been reviewed and approved by County Counsel as to form and legality. b. Authorize the Director of Facilities of the Santa Clara Valley Health and Hospital System, to be the Owner's Authorized Representative to negotiate, execute, amend, terminate, and take any and all necessary or advisable actions relating to the issuance of Project Agreements for services during the term of the PSA, following approval by County Counsel as to form and legality. Delegation of Authority shall expire on September 14, RESULT: APPROVED [UNANIMOUS] 34. Consider recommendations relating to grant award from El Camino Healthcare District. (ID# 77768) a. Approve Agreement with El Camino Healthcare District relating to providing Express Care and Adult Dental services at Valley Health Clinic Sunnyvale in an amount not to exceed $1,039,000 for period July 1, 2015 through June 30, 2016, that has been reviewed and approved by County Counsel as to form and legality. b. Approve Request for Appropriation Modification No $295,360, increasing revenue and expenditures in the FY2016 Santa Clara Valley Medical Center budget. (4/5 Roll Call Vote) Page 13 of 38

14 34 RESULT: APPROVED [UNANIMOUS] 35. Adoption of Salary Ordinance No. NS amending Santa Clara County Salary Ordinance No. NS-5.16 relating to compensation of employees adding two half-time Physician-VMC positions and two half-time Licensed Vocational Nurse positions in Santa Clara Valley Medical Center. (ID# 77788) Action to Introduce and Preliminarily adopt on : Roll Call Vote to waive reading, Roll Call Vote to adopt. Action for Final Adoption on September 29, 2015; Roll Call Vote to adopt. 35 RESULT: ADOPTED (PRELIM.) [UNANIMOUS] Next: 9/29/2015 9:00 AM Public Health Department 36. Approve Agreement with the California Department of Public Health relating to providing services to administer and support AIDS Drug Assistance Program enrollment services within Santa Clara County in an amount not to exceed $105,150 for period July 1, 2015 through June 30, 2017 that has been reviewed and approved by County Counsel as to form and legality. (ID# 77465) 36 RESULT: APPROVED [UNANIMOUS] 37. Consider recommendations relating to a grant from the City of San Jose for chronic disease self-management programs. (ID# 77905) a. Approve Agreement with City of San Jose relating to providing chronic disease self-management programs and an evidenced-based walking program targeting frail, isolated seniors in an amount not to exceed $63,057 for period October 1, 2015 through October 31, 2016, that has been reviewed and approved by County Counsel as to form and legality. b. Approve Request for Appropriation Modification No $47,345 increasing revenue and expenditures in the Public Health Department budget. Page 14 of 38

15 37 RESULT: APPROVED [UNANIMOUS] 38. Adoption of Salary Ordinance No. NS amending Santa Clara County Salary Ordinance No. NS-5.16 relating to compensation of employees adding one unclassified half-time Health Education Associate position in the Public Health Department. Position shall expire on September 30, (ID# 77969) Action to Introduce and Preliminarily adopt on ; Roll Call Vote to waive reading, Roll Call Vote to adopt. Action for Final Adoption on September 29, 2015; Roll Call Vote to adopt. 38 RESULT: ADOPTED (PRELIM.) [UNANIMOUS] Next: 9/29/2015 9:00 AM Behavioral Health Department 39. Approve First Amendment to Agreement with Department of Veterans Affairs relating to providing funds for patient certified hearing services increasing the maximum contract amount by $72, from $65,000 to $137,916.50, and extending the Agreement for a 12-month period from July 1, 2015 through June 30, 2016, that has been reviewed and approved by County Counsel as to form and legality. (ID# 77652) 39 RESULT: APPROVED [UNANIMOUS] 40. Approve Agreement with National Alliance on Mental Illness Santa Clara County relating to providing mental health training programs for consumers, families and clinicians in an amount not to exceed $89,900 for period through June 30, 2016 with option to renew through June 30, 2020, 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 (D)(2)(a). (ID# 77830) 40 RESULT: APPROVED [UNANIMOUS] Page 15 of 38

16 41. Approve Agreement with Ujima Adult and Family Services, Inc., relating to providing prevention and early intervention educational services in an amount not to exceed $162,500 for period September 16, 2015 through June 30, 2016, and renewal dependent on funding availability and vendor's performance, that has been reviewed and approved by County Counsel as to form and legality. A single source exception to competitive procurement has been approved by the Office of Countywide Contracting Management pursuant to Board of Supervisors Policy (D)(2)(a). (ID# 77865) 41 RESULT: APPROVED [UNANIMOUS] 42. Approve Second Amendment to Agreement with Bayfront Youth and Family Services relating to providing mental health services in residential treatment setting in an amount not to exceed $180,000 for period July 1, 2015 through June 30, 2016, that has been reviewed and approved by County Counsel as to form and legality. A single source exception to competitive procurement has been approved by the Office of Countywide Contracting Management pursuant to Board of Supervisors Policy (D)(2)(a). (ID# 77939) 42 RESULT: APPROVED [UNANIMOUS] Employee Services Agency 43. Approve job specification and amend classification plan to add classification of Academy Instructor-Extra Help. (ID# 78045) 43 RESULT: APPROVED [UNANIMOUS] 44. Adoption of Salary Ordinance No. NS amending Santa Clara County Salary Ordinance No. NS-5.16 relating to compensation of employees amending the salary schedule to add the classification of Academy Instructor-Extra Help. (ID# 78044) Action to Introduce and Preliminarily adopt on ; Roll Call Vote to waive reading, Roll Call Vote to adopt. Action for Final Adoption on September 29, 2015; Roll Call Vote to adopt. One individual addressed the Board. Page 16 of 38

17 President Cortese requested that Administration report to the Board off-agenda addressing the concern raised by Mr. Roger Winslow, Deputy Sheriffs' Association, relating to whether the Academy Instructor Extra-Help position is within the merit system rules. 44 RESULT: ADOPTED (PRELIM.) [UNANIMOUS] Next: 9/29/2015 9:00 AM 45. Adoption of Salary Ordinance No. NS amending Santa Clara County Salary Ordinance No. NS-5.16 relating to compensation of employees amending the salary schedule to increase the salary of various classifications. (ID# 78016) Action to Introduce and Preliminarily adopt on ; Roll Call Vote to waive reading, Roll Call Vote to adopt. Action for Final Adoption on September 29, 2015; Roll Call Vote to adopt. Item No. 45 was inadvertently removed from the consent calendar through a request to speak by a member of the public.. 45 RESULT: ADOPTED (PRELIM.) [UNANIMOUS] Next: 9/29/2015 9:00 AM MOVER: Dave Cortese, President SECONDER: Cindy Chavez, Supervisor 46. Adoption of Salary Ordinance No. NS amending Santa Clara County Salary Ordinance No. NS-5.16 relating to compensation of employees adding one Financial Analyst II or Financial Analyst I position in the Office of the Controller- Treasurer. (ID# 78067) Action to Introduce and Preliminarily adopt on ; Roll Call Vote to waive reading, Roll Call Vote to adopt. Action for Final Adoption on September 29, 2015; Roll Call Vote to adopt. 46 RESULT: ADOPTED (PRELIM.) [UNANIMOUS] Next: 9/29/2015 9:00 AM 47. Approve job specification and amend classification plan to add the classification of County Treasury Administrator. (ID# 77977) 47 RESULT: APPROVED [UNANIMOUS] Page 17 of 38

18 48. Adoption of Executive Leadership Salary Ordinance No. NS amending Santa Clara County Executive Leadership Salary Ordinance No. NS relating to compensation of employees adding one County Treasury Administrator position in the Finance Agency. (ID# 77988) Action to Introduce and Preliminarily adopt on ; Roll Call Vote to waive reading, Roll Call Vote to adopt. Action for Final Adoption on September 29, 2015; Roll Call Vote to adopt. 48 RESULT: ADOPTED (PRELIM.) [UNANIMOUS] Next: 9/29/2015 9:00 AM Board of Supervisors 49. Consider the following meeting attendance reports: a. Receive report from Supervisorial District One relating to meetings attended through September 8, (ID# 78162) 49.a RESULT: RECEIVED b. Receive report from Supervisorial District Two relating to meetings attended through September 10, (ID# 78118) 49.b RESULT: RECEIVED c. Receive report from Supervisorial District Three relating to meetings attended through September 9, (ID# 78093) 49.c RESULT: RECEIVED d. Receive report from Supervisorial District Four relating to meetings attended through September 10, (ID# 78175) 49.d RESULT: RECEIVED e. Receive report from Supervisorial District Five relating to meetings attended through September 8, (ID# 78158) 49.e RESULT: RECEIVED Health and Hospital Committee 50. Receive report from the Health and Hospital Committee relating to the meeting of August 12, (Yeager) (ID# 77965) 50 RESULT: RECEIVED Page 18 of 38

19 Finance and Government Operations Committee 51. Consider recommendations relating to the Finance and Government Operations Committee (FGOC) meeting of August 13, (Simitian) (ID# 77958) a. Receive report from FGOC relating to the meeting of August 13, b. Direct Administration to review the contract with Sourcewise and provide recommendations requiring greater oversight into Sourcewise's transfers of funds, with the possibility of requiring Board participation in the planning process or reports to the Board on planned funds transfers, or Board approval of the Area Plan. c. Direct Administration to correspond with the State detailing County interactions with the County's Area Agency on Aging, to ensure that it is part of their official record when Sourcewise is under review, and ask that the California Department on Aging consider opportunities to encourage improved collaboration and to report back on its view of the efficacy of Sourcewise's expenditures on supportive services. d. Direct Administration to request that Sourcewise provide a report to the Board of Supervisors relating to how the County can collaborate on the formation of the Area Plan, how supportive services expenditures can be coordinated, and how clients were served by supportive services, particularly via Information and Assistance, and the expenditures per unit of service. e. Direct Administration to provide a report relating to options for either having a Civil Grand Jury or the Management Audit Division further analyze Sourcewise's expenditures of supportive services funds to ensure that the County backfilling of funds supports efficient expenditures on the supportive services side and examine supportive services funding and service by the County and Sourcewise as a whole, to determine areas of overlap and make recommendations for better prioritization. f. Direct Administration to report to the Board of Supervisors on date uncertain relating to senior nutrition services as a whole, taking into consideration the upcoming The Health Trust Senior Nutrition Needs Assessment. Removed from the consent calendar at the request of Supervisor Chavez to consider concurrently with Item No. 17. President Cortese noted support for all items except Item No. 51-e, and Supervisor Chavez indicated support for Item No. 51-f. Supervisor Chavez provided written language for the record. Page 19 of 38

20 51 RESULT: APPROVED [3 TO 1] MOVER: S. Joseph Simitian, Vice President SECONDER: Mike Wasserman, Supervisor AYES: Wasserman, Cortese, Simitian NAYS: Chavez ABSTAIN: Yeager County Executive 52. Consider recommendations relating to the County Executive's delegated authority to decline to approve expenditures of County funds on travel to states or localities that enact laws sanctioning or authorizing discrimination against lesbian, gay, bisexual, transgender, or questioning (LGBTQ) persons or families. (ID# 78145) a. Receive report of the exercise of the County Executive's delegated authority to decline to authorize County-funded travel. b. Ratify the County Executive's denial of such County-funded travel. 52 RESULT: APPROVED [UNANIMOUS] 53. Adoption of Salary Ordinance No. NS amending Santa Clara County Salary Ordinance No. NS-5.16 relating to compensation of employees adding one Program Manager II or Program Manager I position in the Office of the County Executive. (ID# 78075) Action to Introduce and Preliminarily adopt on : Roll Call Vote to waive reading, Roll Call Vote to adopt. Action for Final Adoption on September 29, 2015; Roll Call Vote to adopt. 53 RESULT: ADOPTED (PRELIM.) [UNANIMOUS] Next: 9/29/2015 9:00 AM 54. Receive report relating to the revised Bail and Release Work Group work plan and authorize an extension of Bail and Release Work Group term for an additional three months, until approximately June 30, (ID# 78101) 54 RESULT: RECEIVED 55. Approve amended bylaws of the Re-Entry Network. (ID# 78061) Supervisor Chavez requested two additional seats be added to the Re-Entry Network: Chair of the Faith-based Reentry Collaborative and a community member. Page 20 of 38

21 55 RESULT: APPROVED AS AMENDED [UNANIMOUS] 56. Approve Fiscal Year Adult Re-Entry Implementation Plan. (ID# 78062) 56 RESULT: APPROVED [UNANIMOUS] 57. Approve First Amendment to Agreement with VMC Foundation relating to providing funding for the costs associated with the administration of the Foundation increasing the maximum contract amount by $70,000 from $530,000 to $600,000 with no change to the term of the Agreement, that has been reviewed and approved by County Counsel as to form and legality. (ID# 77951) 57 RESULT: APPROVED [UNANIMOUS] 58. Approve Request for Appropriation Modification No $16,760, transferring funds from the General Fund Contingency Reserves to the Office of the County Executive- Office of Human Relations budget, relating to supporting the initiatives and activities of the Human Relations Commission. (4/5 Roll Call Vote) (ID# 78048) 58 RESULT: APPROVED [UNANIMOUS] 59. Consider recommendations relating to a Grant award from the State of California to support adult reentry services. (ID# 78105) a. Accept a Grant award of $250,000 from the State relating to supporting adult reentry services in Santa Clara County. b. Approve Request for Appropriation Modification No $250,000 adjusting revenue and expenditures in the Criminal Justice Systemwide Costs budget. (4/5 Roll Call Vote) Page 21 of 38

22 59 RESULT: APPROVED [UNANIMOUS] 60. Consider recommendations relating to Homeless Management Information System (HMIS). (Office of the County Executive) (ID# 77737) a. Approve Agreement with Bitfocus, Inc. (Bitfocus), relating to providing one-time implementation services and ongoing Software as a Service for the HMIS in an amount not to exceed $226,600 for period through June 30, 2016, that has been reviewed and approved by County Counsel as to form and legality. b. Approve Agreement with Bitfocus relating to providing System Administration for the HMIS in an amount not to exceed $726,500 for period through June 30, 2016, that has been reviewed and approved by County Counsel as to form and legality. A single source exception to competitive procurement has been approved by the Office of Countywide Contracting Management pursuant to Board of Supervisors Policy (D)(2)(a). c. Approve delegation of authority to the Director of the Office of Supportive Housing, to negotiate, execute, amend, or terminate a Memorandum of Understanding with all HMIS Partner Agencies relating to the use of the HMIS, including privacy and data sharing requirements and responsibilities, with a contract term that starts no earlier than October 1, 2015 and ends on such date that either the County or the Partner Agency provides 30 days advance written notice, 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, Held at the request of Vice President Simitian. 60 RESULT: HELD [UNANIMOUS] Next: 9/29/2015 9:00 AM 61. Receive monthly status report on items referred to Administration. (ID# 78116) 61 RESULT: RECEIVED Procurement Department 62. Approve Agreement No with ClaimRemedi, Inc., relating to providing claims scrubbing clearinghouse services in an amount not to exceed $1,250,000 for Page 22 of 38

23 period through September 14, 2020, that has been reviewed and approved by County Counsel as to form and legality. (ID# 77351) 62 RESULT: APPROVED [UNANIMOUS] 63. Approve Agreement No with American Red Cross Northern California Region, relating to providing blood products and related services in an amount not to exceed $20,000,000 for period through September 14, 2020, that has been reviewed and approved by County Counsel as to form and legality. (ID# 77406) 63 RESULT: APPROVED [UNANIMOUS] 64. Approve Agreement No with Impact Lighting, Inc., relating to providing equipment, resources and services for the Fantasy of Lights event in an amount not to exceed $1,650,000 for period through September 14, 2020, that has been reviewed and approved by County Counsel as to form and legality. (ID# 77760) 64 RESULT: APPROVED [UNANIMOUS] 65. Consider recommendations relating to personal computers, accessories and related maintenance, support and services. (ID# 77947) a. Approve Agreement with Hewlett-Packard Company related to providing personal computers, accessories and related maintenance, support and services in the amount not to exceed $10,000,000 for period through September 14, 2018 with an option to extend for two additional one-year periods, that has been reviewed and approved by County Counsel as to form and legality. b. Approve Agreement with PC Specialists, Inc., dba Technology Integration Group related to providing personal computers, accessories and related maintenance, support and services in the amount not to exceed $10,000,000 for period September 15, 2015 through September 14, 2018 with an option to extend for two additional one-year periods, that has been reviewed and approved by County Counsel as to form and legality. Page 23 of 38

24 65 RESULT: APPROVED [UNANIMOUS] County Counsel 66. Approve amended bylaws for the Housing Task Force. (ID# 77993) 66 RESULT: APPROVED [UNANIMOUS] Clerk of the Board 67. Approve Fiscal Year Annual Work Plans for the following Commissions supported by the Office of the Clerk of the Board: (ID# 78043) a. Senior Care Commission b. Social Services Advisory Commission c. Fish and Game Commission d. Roads Commission 67 RESULT: APPROVED [UNANIMOUS] Boards and Commissions 68. Announce appointments and reappointments by individual Board members to various Boards and Commissions: a. Supervisor Wasserman: (ID# 78172) i. Appoints Bernadette White to the Domestic Violence Council, seat number a RESULT: APPROVED [UNANIMOUS] b. Supervisor Yeager: (ID# 78177) i. Reappoints Isabel Troung to the Youth Task Force, seat number 8. ii. Reappoints Elliot Ryu to the Youth Task Force, seat number 15. Page 24 of 38

25 68.b RESULT: APPROVED [UNANIMOUS] c. Supervisor Simitian: (ID# 78011) i. Appoints Steve Chessin to the Citizens' Advisory Commission on Elections, seat number 5. ii. Appoints Paul Donahue to the Airports Commission, seat number 4. iii. Appoints Mila Zelkha to the Roads Commission, seat number c RESULT: APPROVED [UNANIMOUS] 69. Approve Board-As-a-Whole appointments and reappointments to various Boards and commissions: a. Supervisor Wasserman nominates: (ID# 78173) i. Trina Hineser for appointment to the San Martin Planning Commission, seat number a RESULT: APPROVED [UNANIMOUS] b. Supervisor Simitian nominates: (ID# 78211) i. Norman Koepernik for appointment to the Saratoga Cemetery District, seat number b RESULT: APPROVED [UNANIMOUS] 70. Consider recommendations relating to resignations from Boards and Commissions. (ID# 78069) a. Accept the resignation of Laura Barreras from the Behavioral Health Board. b. Accept the resignation of Jesus Gomez from the Roads Commission. Page 25 of 38

26 70 RESULT: APPROVED [UNANIMOUS] Law and Justice 71. Approve Agreement with International Business Machines (IBM) relating to integrating new records management system data for the integrated regional law enforcement information sharing system known as COPLINK, in an amount not to exceed $77,518 for period through February 15, 2017, 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 (D)(2). (ID# 77774) Supervisor Wasserman recused himself due to a financial conflict concerning International Business Machines (IBM). 71 RESULT: APPROVED [4 TO 0] AYES: Chavez, Cortese, Yeager, Simitian RECUSED: Wasserman Finance Agency 72. Receive Monthly Investment Transaction Report for period ending July 31, (ID# 77957) 72 RESULT: RECEIVED 73. Consider recommendations relating to the Fiscal Year 2015 Semi-Annual Report and the Fiscal Year 2016 Annual Work Plan. (Finance Agency, Controller- Treasurer Department's Internal Audit Division) (ID# 77973) a. Receive Semi-Annual Report from the Controller-Treasurer's Internal Audit Division relating to the Fiscal Year 2015 Audit Work Plan. b. Approve Fiscal Year 2016 Annual Work Plan from the Controller-Treasurer Department's Internal Audit Division. 73 RESULT: APPROVED [UNANIMOUS] Page 26 of 38

27 74. Receive report from the Finance Agency relating to Fiscal Year 2016 Countywide Master Fee Schedule. (ID# 77989) 74 RESULT: RECEIVED 75. Consider recommendations relating to appropriation modifications needed to finalize revenue and expenditure appropriations for Fiscal Year (FY) 2015 and carry forward certain appropriations to FY (Roll Call Vote) (ID# 77994) a. Approve FY 2016 Request for Appropriation Modification No Revised, adjusting revenue and expenditure appropriations in the previously approved Board meeting on June 23, 2015 (Item No. 115) to match final FY 2015 funds available. (Roll Call Vote) b. Approve Request for Appropriation Modification Year End 2015 increasing revenue and expenditure appropriations in FY 2015 as part of the year end clean up. (Roll Call Vote) c. Approve FY 2016 Request for Appropriation Modification No increasing expenditure appropriations relating to encumbrances that carried forward from FY 2015 to FY RESULT: APPROVED [UNANIMOUS] Commendations and Proclamations 76. Commendations and Proclamations. (See Item No. 6) Agenda language was corrected to reflect: (See Item No. 7). a. Adopt Commendation for Rita Chavez Medina for her tremendous dedication and service to Santa Clara County and her commitment to changing our community for the better. (Cortese) (ID# 77970) 76.a RESULT: ADOPTED [UNANIMOUS] b. Adopt Proclamation declaring September as "National Recovery Month" in Santa Clara County. (Cortese) (ID# 77971) Page 27 of 38

28 76.b RESULT: ADOPTED [UNANIMOUS] c. Adopt Commendation for ICAN for its 15 Year Anniversary celebration. (Cortese) (ID# 78019) 76.c RESULT: ADOPTED [UNANIMOUS] d. Adopt Commendation for Lawrence Trillo for completing the Dependency Wellness Court program. (Cortese) (ID# 78086) 76.d RESULT: ADOPTED [UNANIMOUS] e. Adopt Proclamation declaring September 8, 2015 as "International Literacy Day" in Santa Clara County. (Cortese) (ID# 78087) 76.e RESULT: ADOPTED [UNANIMOUS] f. Adopt Commendation for the Black Legend Awards for its collaborative vision to recognize Black achievement in Santa Clara County. (Cortese) (ID# 78089) 76.f RESULT: ADOPTED [UNANIMOUS] g. Adopt Proclamation declaring September 16, 2015 as "Mexican Independence Day" in Santa Clara County. (Cortese) (ID# 78090) 76.g RESULT: ADOPTED [UNANIMOUS] h. Adopt Commendation for Evergreen Valley High School for coordinating Suicide Prevention Day activities to combat teen suicide. (Cortese) (ID# 78097) Page 28 of 38

29 76.h RESULT: ADOPTED [UNANIMOUS] i. Adopt Commendation honoring Joyce Jahnke. (Wasserman) (ID# 78161) 76.i RESULT: ADOPTED [UNANIMOUS] j. Adopt Commendation for Mary Sousa for her years of service to the community. (Chavez) (ID# 78166) 76.j RESULT: ADOPTED [UNANIMOUS] k. Adopt Commendation for Trinity Episcopal Cathedral and Canterbury Bridge, San Jose State University Campus Episcopal Ministries. (Chavez) (ID# 78168) 76.k RESULT: ADOPTED [UNANIMOUS] l. Adopt Commendation for Diane St. Denis for her unwavering commitment to compassion and service in Santa Clara County and across the United States. (Yeager) (ID# 78178) 76.l RESULT: ADOPTED [UNANIMOUS] m. Adopt Commendation for Silicon Valley Pride for engaging and strengthening the community through its celebration of diversity in Santa Clara County. (Yeager) (ID# 78179) 76.m RESULT: ADOPTED [UNANIMOUS] Page 29 of 38

30 n. Adopt Commendation for Kathryn Hogan as she retires after 25 years of service to the County of Santa Clara. (Office of the County Counsel) (ID# 78038) 76.n RESULT: ADOPTED [UNANIMOUS] o. Adopt Commendation for Phuong Le as she is honored for her 33 years of service to the County of Santa Clara. (Probation Department) (ID# 77911) 76.o RESULT: ADOPTED [UNANIMOUS] p. Adopt Commendation for Karen Fletcher as she is honored for her 26.5 years of service to the County of Santa Clara. (Probation Department) (ID# 77892) 76.p RESULT: ADOPTED [UNANIMOUS] q. Adopt Proclamation declaring September 23, 2015 as "Falls Prevention Awareness Day" in Santa Clara County. (Public Health Department) (ID# 77959) 76.q RESULT: ADOPTED [UNANIMOUS] r. Adopt Proclamation Welcoming Director General Joseph Chung-lin Ma from Taiwan. (Office of the County Executive) (ID# 78102) 76.r RESULT: ADOPTED [UNANIMOUS] Parks and Recreation Department 77. Approve Request for Appropriation Modification No $53,010,777 adjusting the estimated re-appropriations of Parks capital program budget previously approved by the Board of Supervisors on June 23, (4/5 Roll Call Vote) (ID# 77610) Page 30 of 38

31 77 RESULT: APPROVED [UNANIMOUS] 78. Consider recommendations relating to intent to purchase real property necessary for a public park purpose. Resolution # BOS (ID# 77842) a. Adopt Resolution of Intention to Purchase Real Property located on 4030 E. Dunne Avenue and Carey Lane, Morgan Hill. Properties of Morgan Hill Partners and Coyote Highlands LLCs, collectively referred to as the Mobedshahi properties. (Roll Call Vote) b. Authorize Clerk of the Board to set Tuesday, October 20, 2015 at no earlier than 9:30 a.m., as the date and time to consider acquisition of Real Property. Supervisor Chavez recused herself because her husband serves on the Open Space Authority. 78 RESULT: APPROVED [4 TO 0] AYES: Wasserman, Cortese, Yeager, Simitian RECUSED: Chavez Consumer and Environmental Protection Agency 79. Adopt Resolution delegating authority to the Director of the Consumer and Environmental Protection Agency to apply for and receive grants or partnership funds for implementing the Green Business Program under the Santa Clara Valley Water District's Safe, Clean Water and Natural Flood Protection Program in an amount not to exceed $200,000 for period July 1, 2016 through June 30, 2019, following approval by County Counsel as to form and legality. Delegation of authority shall expire on June 30, (Roll Call Vote) Resolution # BOS (ID# 78003) 79 RESULT: ADOPTED [UNANIMOUS] Roads and Airports Department 80. Consider recommendations relating to Professional Services Agreement (PSA) with Kimley-Horn and Associates, Inc., for average daily count and traffic responsive signal timing. (ID# 77724) Page 31 of 38

32 a. Approve PSA with Kimley-Horn and Associates, Inc., relating to providing Professional Engineering Services in an amount not to exceed $250,000 for period through August 30, 2017, that has been reviewed and approved by County Counsel as to form and legality. b. Authorize Director, Roads and Airports Department, 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, including issuance of Project Agreements for services during the term of the PSA, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on August 30, RESULT: APPROVED [UNANIMOUS] 81. Approve Request for Appropriation Modification No $52,877, adjusting the re-budgeting of the Roads and Airports Department, and Measure B estimated revenue and expenditure appropriations to support capital projects previously approved by the Board of Supervisors on June 23, (4/5 Roll Call Vote) (ID# 77802) 81 RESULT: APPROVED [UNANIMOUS] 82. Consider recommendation from Roads and Airports Department relating to the Verizon Telecommunications License Agreement. (ID# 77919) a. Find that the Wireless Telecommunications Facilities License with GTE Mobilnet of California Limited Partnership, dba Verizon Wireless, for the installation and operation of a wireless telecommunications facility is in the public interest and will not substantially conflict or interfere with the use of County property. b. Approve Wireless Telecommunications Facilities License Agreement with GTE Mobilnet of California Limited Partnership, a California Limited Partnership, dba Verizon Wireless, relating to providing the installation and operation of a wireless telecommunications facility on County property located at the intersection of Page Mill Road and Deer Creek Road in an amount not to exceed $208,408 for period through September 14, 2025 with two five-year extension Page 32 of 38

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