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CONTRA COSTA COUNTY BOARD OF SUPERVISORS

Supervisors J. Gioia, G. B. Uilkema, D. Gerber, M. DeSaulnier, and J. Canciamilla

Clerk of the Board, Phil Batchelor (925 335-1900)

A G E N D A

TUESDAY

AUGUST 8, 2000


 


9:00 A.M. Call to order and opening ceremonies.

Inspirational Thought - "Gratitude is not only the greatest of virtues, but the parent of all others." - Cicero  CONSIDER CONSENT ITEMS (Pages 4 and 5) - Items removed from this section will be considered with the Short Discussion Items.

Approved as listed except as noted below:

C.7, C.11 and C.12

HOUSING AUTHORITY CONSENT ITEMS:

Approved as listed.

HA.1 ACCEPT information regarding the Housing Authority of the County of Contra Costa's insurance.

9:05 A.M. SHORT DISCUSSION ITEMS - The Board will consider and take action on the following items:  Approved as listed except as noted below:

SD.1 CONSIDER any Consent Items previously removed.

SD.2 CONSIDER accepting a status report from the County Administrator regarding the transition of Family Support Services from the District Attorney to a new Contra Costa County Department and CONSIDER adopting a resolution establishing the class of Director of Child Support Services-Exempt and adding one full time position. (No County Funds) (See Item C.2)

SD.3 HEARING to authorize election on a proposed increase in special tax amounts for additional funding for police protection in County Service Area P-2 (Zone B) (Alamo), related ordinance adoption and fixing a November 7, 2000 election. (Supervisor Gerber)

CLOSED the public hearing; ADOPTED Resolution No. 2000/411 authorizing an election for County Service Area P-2 (Zone B); ADOPTED Ordinance 2000-26 authorizing a Special Tax for Police Protection Services in the County Service Area P-2 (Zone B) area; and DIRECTED the County Clerk to conduct the required election, to be held November 7, 2000.

SD.4 HEARING to consider the report by the County Abatement Officer on itemized costs for abatement of a public nuisance at 96 Bay View Drive, Bay Point, The Private Sector (Owner), and to consider the assessment of costs against said property. (C.C.C. Ordinance Code Section 14-6.248) (Mickie Perez, Building Inspection Department)

CLOSED the public hearing; HEARD and CONSIDERED the itemized report regarding the abatement of property at 96 Bay View Drive, Bay Point, and any objections by The Private Sector (Owners) having legal interest in the property; ADDED the costs of the abatement confirmation hearing thereto; CONFIRMED the report; and DIRECTED the Clerk of the Board to file the report.

SD.5 HEARING to consider the report by the County Abatement Officer on itemized costs for abatement of a public nuisance at 2460-2474 Willow Pass Road, Bay Point, Ricardo Palacios (Owner), and to consider the assessment of costs against said property. (C.C.C. Ordinance Code Section 14-6.248) (Mickie Perez, Building Inspection Department)

 CLOSED the public hearing; HEARD and CONSIDERED the itemized report regarding the abatement of property at 2460-2474 Willow Pass Road, Bay Point, and any objections by Ricardo Palacios (Owner) having legal interest in the property; ADDED the costs of the abatement confirmation hearing thereto; CONFIRMED the report; and DIRECTED the Clerk of the Board to file the report.

SD.6 HEARING on the appeal of Philomene Flynn (Owner), from the decision of the County Abatement Officer declaring substandard conditions in violation of Section 1001.1 of the Contra Costa County Ordinance Code, and declaring said violations a public nuisance on property located at 4273 Santa Rita Road, El Sobrante. (Mark Kirchen, Building Inspection Department)

CLOSED the public hearing; DENIED the appeal of Philomene Flynn (Owner) from the decision of the County Abatement Officer declaring substandard conditions and a public nuisance at 4273 Santa Rita Road, El Sobrante; AFFIRMED the determinations of the County Abatement Officer; DIRECTED the County Abatement Officer to stay implementation of the action for 60 days, and if needed, come back to the Board on November 19, 2000, at 9:00 a.m.

SD.7 CONSIDER reappointing Richard Clark to the At Large seat on the Contra Costa County Planning Commission, as recommended by the Internal Operations Committee. (Continued from July 18, 2000) (Supervisor Uilkema)

DETERMINED a process for the Contra Costa County Planning Commission applications, which will close on September 15, 2000; DIRECTED that after interviewing the candidates, the Internal Operations Committee recommend an appointee to the Board soon thereafter; and ACKNOWLEDGED Richard Clark will continue to serve on the Planning Commission until a permanent replacement is made.

SD.8 HEARING to consider establishing fees for fixed and mobile vendors retail sale of food and/or beverages on County property. (Barton Gilbert, General Services Director)

CONTINUED to September 19, 2000, at 9:45 a.m., the hearing to consider establishing fees for fixed and mobile vendors retail sale of food and or beverages on County property.

SD.9 HEARING on the appeal of Jerome Knott (Applicant) and Edward and Mary Knott (Owners), from the decision of the County Abatement Officer declaring substandard conditions in violation of Section 1001.1 of the Contra Costa County Ordinance Code, and declaring said violations a public nuisance on property located at 2301 Willow Pass Road, Bay Point. (Mike Molinari, Building Inspection Department)

CLOSED the public hearing; DENIED the appeal of Jerome Knott, from the decision of the County Abatement Officer declaring improper habitation of a mobilehome and maintaining an illegal junkyard, at 2301 Willow Pass Road, Pittsburg; AFFIRMED the determinations of the County Abatement Officer; and DIRECTED the County Abatement Officer to proceed and perform the work of the abatement.

9:45 A.M. DELIBERATION ITEMS - The Board will consider and take action on the following items:

Approved as listed except as noted below:

D.1 PUBLIC COMMENT. (3 Minutes/Speaker)

D.2 CONSIDER implementation of Proposition 90, relative to Property Tax Base Values, as referred by the Finance Committee. (Supervisor DeSaulnier)

ADOPTED the position that the Board will not consider implementing Proposition 90, relative to Property Tax Base Values, until the County receives Educational Revenue Augmentation Funds (ERAF) returned from the State; and DIRECTED that the County include this issue in their Year 2000 legislative package, including discussion with lobbyists and the legislative delegation to address the inequities between Propositions 60 and 90, including advice from the Assessor.

D.3 CONSIDER granting the Public Works Director authority to advertise projects, issue project addenda and accept projects as complete. (Maurice Shiu, Public Works Director)

GRANTED the Public Works Director the authority to advertise projects, issue project addenda, and accept projects as complete, as modified.

D.4 CONSIDER a report regarding the proposed Smart Growth Action Plan. (Supervisors DeSaulnier and Gioia)

HEARD oral report on the proposed Smart Growth Action Plan.

11:00 A.M. D.5 HEARING to determine if cause exists to revoke Land Use Permit #LP 95-2061 at 3212 Danville Blvd., Alamo, Dale Bridges (Applicant) and Peter Ostrosky (Owner). This determination is requested by the Community Development Department. The permit was granted subject to compliance with the Conditions of Approval. The permit prohibited the sale of Christmas trees without an approved land use permit, and the display of inflatable figures. Pursuant to Subsections 26-2.2022 (1 and 2) of the Ordinance Code the (1) failure to comply with the conditions of the permit; and (2) noncompliance with the Zoning Ordinance as it pertains to the sale of Christmas trees and the display of inflatable figures. The subject site is a 0.43 acre site fronting approximately 162 feet on the east side of Danville Boulevard, approximately 290 feet south of Alamo Square, Alamo area. (Continued from April 18, 2000) (to be continued to October 17, 2000, at 11:00 a.m.) (Aruna Bhat, Community Development Department)

CONTINUED to October 17, 2000, at 11:00 a.m., the hearing to determine if cause exists to revoke Land Use Permit # LP 95-2061 at 3212 Danville Blvd., Alamo, Dale Bridges (Applicant) and Peter Ostrosky (Owner).

D.6 Hearing on the recommendation of the Contra Costa County Planning Commission on the request by Preferred Investments (Applicant) and K & J Properties LLC (Owners), for approval to rezone approximately 26,500 square feet from Retail Business (RB), to General Commercial (C) (County File #RZ 00-3092); and on the request for a Development Permit to construct a 141,180 square foot self-storage and wine storage facility (948 storage units) with a 2,348 square foot manager's unit with office and associated parking. A variance to the 6 foot maximum fence height is requested to allow for an 8 foot chain link security fence around the property at #1104 and #1126 Saranap Avenue, Walnut Creek/Saranap area. (County File #DP 99-3037) (Dennis Barry, Community Development Director)

APPROVED the request by Preferred Investments (Applicant) and K & J Properties LLC (Owners), to rezone approximately 26,500 square feet from Retail Business (RB), to General Commercial (C), (County File
 RZ 00-3092); and the request for a Development Permit to construct a 141,180 square foot self-storage and wine storage facility (948 storage units) with a 2,348 square foot manager's unit with office and associated parking; ADOPTED the Mitigated Negative Declaration prepared for this project for purposes of compliance with CEQA; ADOPTED the Contra Costa County Planning Commission's findings as set forth in Resolution No. 9-2000; and INTRODUCED Ordinance 2000-29 giving effect to the aforesaid rezoning; WAIVED reading; and SET August 15, 2000, for adoption of same. Saranap/Walnut Creek area.

Closed Session

There were no Closed Session announcements.

2:00 P.M. DELIBERATION ITEMS - The Board will consider and take action on the following items:

D.7 HEARING to consider adoption of the Final 2000-2001 County Budget; at the conclusion of the hearing, ADOPT the Final 2000-2001 Budget with adjustments approved during the budget hearing and take related actions. (County Administrator)

CLOSED the public hearing; ADOPTED the Final 2000-2001 County Budget; and REFERRED the matter of funding for Community Centers for Mental Health to the County Administrator's office and the Family and Human Services Committee for further analysis.
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THE BOARD OF SUPERVISORS WILL NOT MEET ON
AUGUST 22, AUGUST 29 AND SEPTEMBER 5, 2000.

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CONSENT ITEMS

(Items are subject to removal from Consent Calendar by request of any Supervisor or on request for discussion by a member of the public).

Road & Transportation

C.1 APPROVE the conveyance of surplus real property for $289,396 in connection with the Bailey Road Interchange Project, AUTHORIZE the Chair, Board of Supervisors, to execute a Grant Deed to the Redevelopment Agency, and DETERMINE that the project is a CEQA Class 12 Categorical Exemption, Pittsburg area. (Funding: Redevelopment Agency)

Ordinances

C.2 INTRODUCE an ordinance excluding the class of Director of Child Support Services from the Merit System, WAIVE reading and FIX August 15, 2000, for adoption.

Personnel Actions

C.3 ADOPT the Letter of Understanding between the Contra Costa County Fire Protection District and IAFF Local 1230, implementing negotiated wage agreements and other economic terms and conditions of employment beginning March 16, 2000, through March 31, 2002. In the opinion of the County Administrator, salary and benefit increases resulting from this action will have no material financial impact on the funding status of the County Employees' Retirement System.

Other Actions

C.4 DETERMINE that there is a need to continue with the emergency action continued by the Board on July 25, 2000, on the Emergency Upgrade of County Telecommunications Infrastructure.

C.5 DETERMINE that there is a need to continue with the emergency action originally taken by the Board on December 14, 1999, based on the increasing/epidemic number of AIDS/HIV and Hepatitis C cases among injection drug users in Contra Costa County.

C.6 DETERMINE that there is a need to continue with the emergency action originally taken by the Board on November 16, 1999, regarding the issue of homelessness in Contra Costa County.

Redevelopment Agency

C.7 ACCEPT a Grant Deed dated August 1, 2000, from Contra Costa County and AUTHORIZE the Deputy Director-Redevelopment to arrange for a $289,396 journal transfer in payment thereof; DETERMINE that the activity, acquiring property, is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b) (3) of the CEQA Guidelines; DIRECT the Community Development Director to file a Notice of Exemption with the County Clerk; and DIRECT the Redevelopment Agency to arrange for payment of the $25 handling fee to the County Clerk for filing of the Notice of Exemption.

CORRECTED TO READ: ACCEPTED a Grant Deed dated August 8, 2000, from Contra Costa County and AUTHORIZED the Deputy Director-Redevelopment to arrange for a $289,396 journal transfer in payment thereof; DETERMINED that the activity, acquiring property, is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b) (3) of the CEQA Guidelines; DIRECTED the Community Development Director to file a Notice of Exemption with the County Clerk; and DIRECTED the Redevelopment Agency to arrange for payment of the $25 handling fee to the County Clerk for filing of the Notice of Exemption.

C.8 APPROVE and AUTHORIZE the Deputy Director-Redevelopment to execute an extension to an Interagency Project Agreement for Community Development Block Grant (CDBG) Funds for the North Richmond Industrial Business Incubator Program. (No General Funds)

Consent Items of Board Members

C.9 ACCEPT the resignation of Pallavi Parthasarathy from the Countywide Youth Commission, DECLARE a vacancy, and DIRECT the Clerk of the Board to apply the Board's policy for filling the vacancy, as recommended by Supervisor DeSaulnier.

C.10 APPOINT James R. Stanley to a District II Adult Volunteer Seat on the Countywide Youth Commission, as recommended by Supervisor Uilkema.

C.11 ACCEPT the resignation of Bill Kassel from the El Sobrante Municipal Advisory Council (ESMAC) Seat and APPOINT Steve Mitchell to complete the unexpired term; APPOINT Michael Baefsky as second alternate to the first alternate on the ESMAC; and APPOINT Alvin Lamore to the second alternate seat on the ESMAC, as recommended by Supervisor Gioia.

CORRECTED TO READ:  ACCEPTED the resignation of Bill Kassel form the El Sobrante Municipal Advisory Council (ESMAC) Seat  and APPOINTED Steve Mitchell to complete the unexpired term; APPOINTED Michael Baefsky to the first alternate seat on ESMAC;  and APPOINTED Alvin Lamore to the second alternate seat on ESMAC, as recommended by Supervisor Gioia.

C.12 ACCEPT the resignation of James Kaufman from the County Services Area P-2A Citizens Advisory Committee and DIRECT the Clerk of the Board to apply the Board's policy for filling the vacancy, as recommended by Supervisor Gerber.

CORRECTED TO READ:  ACCEPTED the resignation of James Kaufman from County Service Area P-2A Citizens Advisory Committee and DIRECTED the Clerk of the Board to apply the Board's policy for filling the vacancy, as recommended by Supervisor Gerber.

C.13 APPROVE and AUTHORIZE the General Manager of the Blackhawk Geologic Hazard Abatement District (GHAD) to award and execute a contract with Environmental Golf, Inc., in the amount of $745,320 for the repair of a landslide on the Blackhawk Country Club's Lakes Golf Course, as recommended by Supervisor Gerber. (GHAD Revenues)

C.14 ADOPT a resolution commemorating Alice Avon Morisette Johnstone on her 100th birthday on September 9, 2000, as recommended by Supervisor Uilkema.

GENERAL INFORMATION

The Board meets in all its capacities pursuant to Ordinance Code Section 24-2.402, including as the Housing Authority and the Redevelopment Agency. Persons who wish to address the Board should complete the form provided for that purpose and furnish a copy of any written statement to the Clerk.

All matters listed under CONSENT ITEMS are considered by the Board to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Board or a member of the public prior to the time the Board votes on the motion to adopt.

Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls for comments from those persons who are in support thereof or in opposition thereto. After persons have spoken, the hearing is closed and the matter is subject to discussion and action by the Board.

Requests for reconsideration of a land use (planning) decision must be submitted in writing to the Clerk of the Board of Supervisors within 10 days of the Board's decision, and must identify the new information which was not before the Board of Supervisors when the decision was made.

The County will provide reasonable accommodations for disabled individuals planning to attend Board meetings who contact the Clerk of the Board at (925) 335-1900; TDD (925) 335-1915. An assistive listening device is available from the Clerk, Room 106.

Copies of taped recordings of all or portions of a Board meeting may be purchased from the Clerk of the Board. Please telephone the Office of the Clerk of the Board, (925) 335-1900, to make the necessary arrangements.

Forms are available to anyone desiring to submit an inspirational thought nomination for inclusion on the Board Agenda. Forms may be obtained at the Office of the County Administrator or Office of the Clerk of the Board, 651 Pine Street, Martinez, California.

Applications for personal subscriptions to the weekly Board Agenda may be obtained by calling the Office of the Clerk of the Board, (925) 335-1900. The weekly agenda may also be viewed on the County's Internet Web Page: WWW.CO.CONTRA-COSTA.CA.US.

The Closed Session agenda is available each week upon request from the Office of the Clerk of the Board, 651 Pine Street, Room 106, Martinez, California, and may also be viewed on the County's Web Page.

The Family and Human Services Committee (Supervisors J. Canciamilla and J. Gioia) - meets on the second and fourth Mondays of the month at 10:00 A.M. in Room 108, County Administration Building, 651 Pine Street, Martinez.

The Finance Committee (Supervisors M. DeSaulnier and J. Canciamilla) - meets on the first and third Mondays of the month at 9:00 A.M. in Room 108, County Administration Building, 651 Pine Street, Martinez.

The Internal Operations Committee (Supervisors G. B. Uilkema and M. DeSaulnier) - meets on the second and fourth Mondays of the month at 9:00 A.M. in Room 105, County Administration Building, 651 Pine Street, Martinez.

The Transportation, Water & Infrastructure Committee (Supervisors J. Gioia and G. B. Uilkema) - meets on the second Monday of the month at 1:00 P.M. in Room 105, County Administration Building, 651 Pine Street, Martinez.

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ADJOURNMENT: The Board adjourns today's meeting to the Committee meeting(s) as noted: (See above for time and place of meetings)
 

Finance Committee 08-07-2000 ***Meeting cancelled***
Internal Operations Committee 08-14-2000 ***Meeting cancelled***
Transportation, Water & Infrastructure Committee 08-14-2000 1:00 P.M. See above
Family & Human Services Committee 08-14-2000 10:00 A.M. See above

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PERSONS WHO WISH TO ADDRESS THE BOARD MAY BE LIMITED TO THREE (3) MINUTES.

AGENDA DEADLINE: Thursday, 12 noon, 12 days before the Tuesday Board meetings.

THE BOARD OF SUPERVISORS WILL NOT MEET ON AUGUST 22,

AUGUST 29 AND SEPTEMBER 5, 2000.

SUPPLEMENTAL CALENDAR OF CLOSED SESSION ITEMS

FOR THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY AND FOR

SPECIAL DISTRICTS, AGENCIES AND AUTHORITIES GOVERNED BY THE BOARD

BOARD CHAMBERS ROOM 107 AND ROOM 105, ADMINISTRATION BUILDING,

651 PINE STREET, MARTINEZ, CALIFORNIA,

TUESDAY, AUGUST 8, 2000, 9:30 A.M. AND THEREAFTER

DURING THIS REGULAR AUGUST 8, 2000 MEETING

A. CONFERENCE WITH LABOR NEGOTIATORS

1. Agency Negotiators: Leslie Knight, Kathy Ito and Keith Fleming.

Employee Organizations: Contra Costa County Employees’ Assoc., Local No. 1; AFSCME Locals 512 and 2700; Calif. Nurses Assoc. (CNA); Social Services Union SEIU Local #535; C.C.C. Appraiser’s Assn.; District Attorneys Investigators Assoc.; Deputy Sheriffs Assn. (DSA); United Prof. Firefighters, Local 1230; Physicians’ & Dentists’ Organization of Contra Costa; Western Council of Engineers; United Chief Officers Association (UCOA); SEIU Health Care Workers Local No. 250 and Oakley-Knightsen Firefighters’ Association.

2. Agency Negotiators: Leslie Knight, Kathy Ito, and Phil Batchelor.

Unrepresented Employees: All unrepresented agency management employees (Exh. A., Resol. No. 96/488), unrepresented nursing classification employees and all other unrepresented agency employees.

B. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS: Titles: 1. Agricultural Commissioner.

2. Animal Services Director.

3. Veterans Service Officer.

C. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION-SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO SUBDIVISION (B) OF SECTION 54956.9 POTENTIAL CASES:
1.  § 54956.9(b)(1)&(3)(A)-Two.
D. EXISTING LITIGATION-CONFERENCE WITH LEGAL COUNSEL. (LITIGATION HAS BEEN FORMALLY INITIATED. Gov. Code, § 54956.9(A).) CASES:
1.   Shelley Bradburn v. Contra Costa County, WCAB No. WCK 45980.