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CONTRA COSTA COUNTY BOARD OF SUPERVISORS
Supervisors J. Gioia, G. B. Uilkema, D. Gerber, M. DeSaulnier,
and F. D. Glover
Clerk of the Board, John Sweeten (925 335-1900)
A G E N D A
TUESDAY
August 7, 2001
9:00 A.M. Convene and announce adjournment to Closed
Session, Room 105.
There were no Closed Session announcements.
9:30 A.M. Call to order and opening ceremonies.
Inspirational Thought - "We do not stop playing because we grow
old. We grow old because we stop playing." ~Unknown
CONSIDER CONSENT ITEMS - Items removed from this
section will be considered with the Short Discussion Items.
Approved as listed except: C.10, C.18, C.20-26,
C.38
HOUSING AUTHORITY CONSENT ITEMS:
Approved as listed.
HA.1 APPROVE and AUTHORIZE the Executive Director of the
Housing Authority of the County of Contra Costa to enter into an agreement with
Employment and Human Services Department for receipt of $35,000 to co-fund the
HOPE VI Revitalization Grant Application to the Department of Housing and Urban
Development to revitalize the Las Deltas public housing development, North
Richmond area.
HA.2 AWARD contract upon receipt of satisfaction performance
and payment bonds and insurance certificates, with Younger-Wunar, Inc. in the
amount of $160,385 for the Hacienda Senior Housing Development of the Housing
Authority of the County of Contra Costa in Martinez, California for handicap
accessibility improvements and AUTHORIZE the Executive Director to execute the
contract.
HA.3 APPROVE the revised Capitalization Policy for the Housing
Authority of the County of Contra Costa to be consistent with the compliance
requirements of the U.S. Department of Housing and Urban Development
(HUD).
9:35 A.M.
PRESENTATIONS
P.1 PRESENTATION to Supervisor Uilkema on behalf of the Contra
Costa County Animal Welfare Coalition for serving as honorary chairperson for
the Coalition’s "Cycles of Violence: The People-Animal Connection Symposium."
(Sally Morgan-Welch, Contra Costa Animal Welfare Coalition)
P.2 PRESENTATION recognizing Kathleen Tabor for her excellence
in leadership and her advocacy for the development of the Children and Families
Commission, and her consistent efforts to improve the health, well being and
education of young children within Contra Costa County. (Supervisor
Gerber)
ADOPTED Resolution No. 2001/347 recognizing Kathleen Tabor for
her excellence in leadership and her advocacy for the development of the
Children and Families Commission.
9:45 A.M.
SHORT DISCUSSION ITEMS - The Board will consider and
take action on the following items:
SD.1 CONSIDER any Consent Items previously removed.
SD.2 CONSIDER accepting report from the Family and Human
Services Committee, and approving the Annual Report and recommendations
submitted by the Juvenile Systems Planning Advisory Committee (JSPAC) related to
the membership and activities of JSPAC. (Supervisor DeSaulnier)
SD.3 CONSIDER accepting the status report on the SafeFutures
Program, as recommended by the Family and Human Services Committee. (Supervisor
DeSaulnier)
SD.4 HEARING on proposed Police Service District special taxes
for County Service Area P-6, related ordinance adoption and fixing of election
thereof and formation of Zone 1614, Subdivision 7746, Alamo area. (Dennis Barry,
Community Development Director)
CLOSED the public hearing on proposed Police Services District
Special Taxes for CSA P-6; ADOPTED Resolution No. 2001/325 creating Zone 1614,
Subdivision 7746 and authorizing a special tax election; and ADOPTED Ordinance
2001-14 establishing fees for Zone 1614, Alamo area.
SD.5 HEARING on proposed Police Service District special taxes
for County Service Area P-6, related ordinance adoption and fixing of election
thereof and formation of Zone 1507, Subdivision 99-8353, Walnut Creek area.
(Dennis Barry, Community Development Director)
CLOSED the public hearing on proposed Police Services District
Special Taxes for CSA P-6; ADOPTED Resolution No. 2001/ 326 creating Zone 1507,
Subdivision 8353 and authorizing a special tax election; and ADOPTED Ordinance
2001- 15 establishing fees for Zone 1507, Walnut Creek area.
10:00 A.M.
DELIBERATION ITEMS - The Board will consider and take
action on the following items:
D.1 HEARING to consider adoption of Ordinance 2001-13, as
modified, readjusting the boundaries of the Contra Costa County supervisorial
districts. (Dennis Barry, Community Development Director)
CLOSED the public hearing; ADOPTED Ordinance No. 2001-13
readjusting the boundaries of the Contra Costa County supervisorial districts.
(AYES: I, IV, V and II; NOES: III; ABSENT: None; ABSTAIN: None)
D.2 PUBLIC COMMENT. (3 Minutes/Speaker)The following persons presented testimony:
Ralph Hoffman, 60 Saint Timothy Court, Danville, spoke in regard to the
distribution of a flier to many thousands of senior citizens' homes in District
III, containing inaccurate information particularly uncomplimentary to the
district supervisor;
Al Coolidge, Independent Living Resource, 3200 Clayton Road, Concord,
regarding Housing Authority;
Joseph Partansky, Concord, regarding preventing crime within the disabled
community;
Hal Yeager, People over Planes, 89 Baylor Lane, Pleasant Hill, regarding the
master plan for the noise study at Buchanan Field Airport;
Janice Townsend, 271 Gloria Drive, Pleasant Hill, regarding "People Feeding
People" at the Martinez Community Center in Martinez;
Roger Acuna, Independent Living Resource, 3200 Clayton Road, Concord,
regarding a transition plan for the City of Oakley.
D.3 CONSIDER report of the Community Development Director
regarding the compliance of Shapell Industries of Northern California with the
Dougherty Valley Affordable Housing Program and CONSIDER action to be taken.
(Dennis Barry, Community Development Director and Jim Kennedy, Redevelopment
Agency Deputy Director)
CONSIDERED the report of the Director of Community Development
(CDD) and the Deputy Director-Redevelopment regarding compliance of Shapell
Industries of Northern California with the Dougherty Valley Affordable Housing
Program and related issues; DETERMINED that Shapell Industries is in compliance
with the Dougherty Valley Affordable Housing Program for the years 1999 and
2000, said determination being conditioned upon the Board receipt of certain
documents, including the regulatory agreement, and proposed condition of
approval language to ensure the reservation of sites for required very-low and
low income housing; DIRECTED CDD staff to return to the Board as soon as
possible, before the end of September, with the aforesaid documents; DIRECTED
CDD staff to return to the Board with amendments to the Dougherty Valley
Affordable Housing Program plan relative to a modified definition of moderate
income rent and a moderate income rental term; DIRECTED County Counsel to seek a
written legal opinion from independent counsel affiliated neither with the
County, the project developers, or any company associated with the project
developers; and REFERRED all County housing policies to be reviewed by the
Internal Operations Committee to ensure the maximization of future opportunities
relative to affordable housing programs, subsized and non-subsidized.
11:00 A.M.
D.4 HEARING on an appeal by Silver Hills Estates Homeowners
Association, Camino Diablo Homeowners Association, and Brentwood Rod & Gun
Club (Appellants) from the decision of the East County Regional Planning
Commission approving the request of the Brentwood Rod & Gun Club (Applicant
& Owner), for a Land Use Permit to allow a gun club that includes a
clubhouse, outdoor area for skeet and trap shooting, pistol and rifle shooting
areas, an existing residence for a caretaker, and removal of 14 trees. (County
File #LP99-2027). (Catherine Kutsuris, Community Development
Department)
CLOSED the public hearing; CONTINUED to September 18, 2001 at
1:30 p.m. consideration on the appeal by Silver Hills Estates Homeowners
Association, Camino Diablo Homeowners Association, and Brentwood Rod & Gun
Club (Appellants) from the decision of the East County Regional Planning
Commission approving the request of the Brentwood Rod & Gun Club (Applicant
& Owner), for a Land Use Permit to allow a gun club; and ACCEPTED the
withdrawal of appeal by the Brentwood Rod & Gun Club. (County File
#LP99-2027)
Closed Session
2:00 P.M.
D.5 CONSIDER approving, as the Board of Supervisors and the
governing Board of the Redevelopment Agency, and authorizing the Deputy
Director-Redevelopment to execute an Option to Purchase Agreement with the Las
Juntas Swim Club, a California non-profit corporation, David Fisher, Garson Soe,
and Robert Orminston relative to acquisition of the 2.1 acre Las Juntas Swim
Club site; and adopting Resolution No. 2001/338 making required findings, and
taking actions related thereto. (Jim Kennedy, Redevelopment Agency Deputy
Director)
D.6 HEARING to consider the proposed County Budget (including
those financed by Enterprise Funds), County Special Districts including Fire
Protection Districts, and County Service Areas. (John Sweeten, County
Administrator)
CLOSED the public hearing; APPROVED the proposed County Budget
with modifications; APPROVED the County Special District and County Service Area
Budgets for Fiscal Year 2001/2002; AUTHORIZED and REQUESTED the
Auditor-Controller to record in the financial accounting system the Fiscal Year
2000/2001 appropriations and revenue adjustments and to submit such FY 2000/2001
year-end appropriation adjustments for Board approval in September; and
AUTHORIZED the Auditor-Controller to make technical adjustments to the FY
2001/2002 County and Special District Budgets when actual amounts are known.
AJ.1 ADJOURNED in honor of the memory of Adelaide Silva,
resident of Contra Costa County, 107 years young.
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 M. DeSaulnier and F.D. Glover) - meets on the second and fourth
Mondays of the month at 9:00 A.M. in Conference Room A, 2425 Bisso Lane,
Concord.
The Finance Committee (Supervisors F.D. Glover
and D. Gerber) - 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 J.
Gioia and M. DeSaulnier) - meets on the first and third Mondays of the month at
10:00 A.M. in Room 105, County Administration Building, 651 Pine Street,
Martinez.
The Transportation, Water & Infrastructure
Committee (Supervisors D. Gerber and J. Gioia) - meets on the second
Monday of the month at 10:00 A.M. in Room 105, County Administration Building,
651 Pine Street, Martinez.
Family and Human Services
Committee |
8-13-2001 |
9:00 a.m. |
See above |
Transportation, Water and Infrastructure
Committee |
8-13-2001 |
10:00 a.m. |
See above |
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.
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 and Transportation
C.1 AWARD a contract to John M. Tyson, the lowest responsible
bidder, in the amount of $55,210, for the Bayview Curb Ramps – Phase 2 Project,
in the San Pablo area. (Local Road Funds)
C.2 APPROVE and AUTHORIZE the Principal Real Property Agent to
execute the relocation assistance claim forms and AUTHORIZE the
Auditor-Controller to process payments of $27,280 payable to Mario &
Elizabeth Rodriguez and Martha Mojica, for rental assistance; and $9,665 payable
to Luz Tiznado, for rental assistance, in connection with the State Route 4
East, Railroad Avenue to Loveridge Road Project, Pittsburg area. [CDD-CP# 00-85]
(Contra Costa Transportation Authority)
C.3 APPROVE and AUTHORIZE the Public Works Director to execute
the purchase and sale agreement, ACCEPT the Grant Deed from Richard R. Buscaglia
and Nathan J. Bales and AUTHORIZE the payment of $13,650 for property rights in
connection with the Port Chicago Highway Widening and Intersection Improvement
Project, Bay Point area. [CDD-CP# 00-56] (Redevelopment Agency 51%, Navy
Mitigation 31%, and Bay Point Area of Benefit 18%)
C.4 APPROVE and AUTHORIZE the Public Works Director to execute
the right of way contract, ACCEPT the Grant Deed from Curtis L. Dekker and
AUTHORIZE the payment of $92,000 for property rights in connection with the
State Route 4 East, Railroad Avenue to Loveridge Road Project, Pittsburg area.
[CDD-CP# 00-85] (Contra Costa Transportation Authority)
C.5 APPROVE and AUTHORIZE the Principal Real Property Agent to
execute the relocation assistance claim forms and AUTHORIZE the
Auditor-Controller to process payments of $12,300 payable to Tomas Rodriguez,
Lenia Armas and Adalberto Garcia, for rental assistance; and $27,244 payable to
Victoria Bonds, Danae Bonds and Derick Bonds, for rental assistance, in
connection with the State Route 4 East, Railroad Avenue to Loveridge Road
Project, Pittsburg area. [CDD-CP# 00-85] (Contra Costa Transportation Authority)
C.6 APPROVE and AUTHORIZE the Public Works Director to execute
a contract between Contra Costa County and Evans Brothers, Inc. for demolition
and abatement services in the amount of $516,800, effective from July 11, 2001
to September 30, 2001 in connection with the State Route 4 East, Railroad Avenue
to Loveridge Road Project, Pittsburg area. CDD-CP#00-85 (Contra Costa
Transportation Authority)
C.7 APPROVE and AUTHORIZE the Public Works Director to fully
close a portion of South Crest Avenue on August 7, 2001, from 6:00 p.m. through
9:00 p.m., for the purpose of a neighborhood watch barbecue, Martinez area.
C.8 DECLARE and FIND that an emergency exists and AUTHORIZE the
Public Works Director to proceed with the repair of the Briones Valley Road
Bridge, Brentwood area. Project No.: 0662-6U4049-01, CP# 01-42
C.9 ACCEPT as complete the contract with Cleary Brothers
Landscape, Inc. for the Stone Valley Road Landscape Mitigation Project, Stone
Valley Road, Alamo area.
Engineering Services
C.10 DP 3001-82: AUTHORIZE Acceptance of Release and
Indemnification for Subdivision (cross-reference SUB 6284) being developed by
Fox Creek Residential Association, Pleasant Hill area.
CORRECTED TO READ: DP 3001-82: AUTHORIZE Acceptance of Release
and Indemnification for Subdivision (cross-reference SUB 6284) being developed
by Fox Creek Residential Association, Walnut Creek area.
C.11 MS 53-90: APPROVE Deferred Improvement Agreement along
Medford Court for Subdivision MS 53-90 being developed by Steven R. St. Germain
and Susan A. St. Germain, Martinez area.
C.12 MS 53-90: AUTHORIZE Acceptance of Grant Deed of
Development Rights for Subdivision MS 53-90 being developed by Steven R. St.
Germain and Susan A. St. Germain, Martinez area.
C.13 MS 53-90: APPROVE the Parcel Map and Subdivision Agreement
for Subdivision MS 53-90 being developed by Steven R. St. Germain and Susan A.
St. Germain, Martinez area.
C.14 MS 79-90: APPROVE the Parcel Map for Subdivision being
developed by Monte D. Albers and Lucia B. Albers, Brentwood area.
C.15 MS 80-90: APPROVE the Parcel Map for Subdivision being
developed by Monte D. Albers and Lucia B. Albers, Brentwood area.
C.16 MS 181-90: APPROVE the Parcel Map for Subdivision being
developed by Monte D. Albers and Lucia B. Albers, Brentwood area.
C.17 MS 182-90: APPROVE the Parcel Map for Subdivision being
developed by Monte D. Albers and Lucia B. Albers, Brentwood area.
C.18 SUB 6610: APPROVE the second extension of the Subdivision
Agreement for Subdivision 6610 being developed by Dennis V. Menke, Bethel Island
area.
CORRECTED TO READ: SUB 6610: APPROVE the second extension of
the Subdivision Agreement for Subdivision 6610 being developed by Rock Island
Marina, a limited partnership, Bethel Island area.
C.19 SUB 7762: ACCEPT Completion of Improvements for
Subdivision 7762 being developed by Trident Associates, LLC, Alamo area.
C.20 SUB 8429: APPROVE the Final Map and Subdivision Agreement
for Subdivision 8429 being developed by Hofmann Land Development Company,
Brentwood area.
DELETED to be RELISTED on August 14, 2001.
C.21 SUB 8023: APPROVE the Final Map and Subdivision Agreement
for Subdivision 8023 being developed by Hofmann Land Development Company,
Brentwood area.
DELETED to be RELISTED on August 14, 2001.
C.22 SUB 8023: APPROVE Subdivision Agreement (Right of Way
Landscaping) for Subdivision 8023 being developed by Hofmann Land Development,
Brentwood area.
DELETED to be RELISTED on August 14, 2001.
C.23 SUB 8023: APPROVE the drainage improvement agreement for
Subdivision 8023 being developed by Hofmann Land Development Company, Brentwood
area.
DELETED to be RELISTED on August 14, 2001.
C.24 SUB 8023: AUTHORIZE Acceptance of Drainage Release from
Fallman Land Investment Company for Subdivision 8023, Brentwood area.
DELETED to be RELISTED on August 14, 2001.
C.25 RA 1109: APPROVE the road improvement agreement for Bixler
Road, RA 1109 (Subdivision 8023) being developed by Hofmann Land Development
Company, Brentwood area.
DELETED to be RELISTED on August 14, 2001.
C.26 RA 1110: APPROVE the road improvement agreement for Point
of Timber Road, RA 1110 (Subdivision 8023) being developed by Hofmann Land
Development Company, Brentwood area.
DELETED to be RELISTED on August 14, 2001.
C.27 RA 1115: APPROVE the road improvement agreement for
Bollinger Canyon Road and Interim Dougherty Road, RA 1115, (cross-reference
Subdivision 7984) being developed by Shapell Industries of Northern California,
Dougherty Valley area.
Special Districts & County Airports
C.28 APPROVE and AUTHORIZE the Public Works Director to execute
a contract with the Aquatic Outreach Institute for the continued development and
administration (year three) of the San Pablo Creek Watershed Awareness Program
in West County, in the amount of $69,000 for the period September 1, 2001
through August 31, 2002, San Pablo area. (Flood Control District Fund 2517)
C.29 APPROVE and AUTHORIZE the Chief Engineer to execute, on
behalf of the Contra Costa Clean Water Program, a contract between the Contra
Costa County Flood Control and Water Conservation District and Matthew Bolender
for consulting services in the amount of $45,000 effective July 1, 2001 through
June 30, 2002, Countywide. (2001/2002 California Integrated Waste Management
Board’s Used Oil Recycling Block Grant Program – Seventh Cycle)
C.30 APPROVE and AUTHORIZE the Chief Engineer to execute, on
behalf of the Contra Costa Clean Water Program, a Joint Exercise of Powers
Agreement between the Contra Costa County Flood Control and Water Conservation
District and the City of Pittsburg, to fund a Golf Course Special Study in the
amount of $200,000 effective June 18, 2001 through December 31, 2003, Pittsburg
area. (Stormwater Utility Fee Assessments)
C.31 ADOPT Resolution No. 2001/344 and Notice of Completion of
contract with Siteworks Construction, Inc. for Lot 150 Red Pine Landslide Repair
and Interceptor Ditch Replacement Project, Danville (Blackhawk Geological Hazard
Abatement District) area.
C.32 APPROVE and AUTHORIZE William R. Gray and Company, Inc.,
as General Manager of the Blackhawk Geologic Hazard Abatement District (GHAD) to
execute a Contract with Dover Construction to provide maintenance services in
the amount of $124,500, effective July 1, 2001 through June 30, 2002, Danville
area. (Blackhawk GHAD)
C.33 APPROVE and AUTHORIZE William R. Gray and Company, Inc.,
as General Manager of the Canyon Lakes Geologic Hazard Abatement District (GHAD)
to execute a contract with Dover Construction to provide maintenance services in
the amount of $35,000, effective July 1, 2001 through June 30, 2002, Danville
Area. (Canyon Lakes GHAD)
C.34 APPROVE and AUTHORIZE the Chair, Board of Supervisors to
execute a license agreement between Contra Costa County and the San Ramon Valley
Unified School District to reimburse the school district for Phase II
construction expenses for the Rancho Romero School Park in the amount of
$440,000 and AUTHORIZE an additional $5,000 per year reimbursement for
extraordinary maintenance expenses, effective July 1, 2001 through June 30,
2026, Alamo area. (County Service Area R-7A)
C.35 ADOPT the previously certified City of Brentwood Mitigated
Negative Declaration (General Plan Amendment GPA 99-2; Amendment to Planned
Development Zone PD-29; and Tentative Subdivision Map 8226) for the purpose of
real property transactions in compliance with the California Environmental
Quality Act, Brentwood area.
Statutory Actions
C.36 APPROVE minutes for the month of July 2001.
C.37 DECLARE certain ordinances duly published.
Claims, Collections & Litigation
C.38 DENY claims of M. Lee; David O; C. Cavness; R. Mikel; R.
Conklin; R. Moody; Walnut Square Homeowners’ Association.
CORRECTED TO READ: DENY claims of David O; C. Cavness; R.
Mikel; R. Conklin; R. Moody; Walnut Square Homeowners’ Association; and
Application to File Late Claim of M. Lee.
C.39 RECEIVE report concerning the final settlement of Jake E.
Smith vs. Contra Costa County and AUTHORIZE payment from the Workers’
Compensation fund in the amount of $113,500, as recommended by the Risk
Manager.
Honors & Proclamations
C.40 ADOPT Resolution No. 2001/339 recognizing October 2001 as
Domestic Violence Awareness Month, as recommended by Supervisor
Uilkema.
Appointments & Resignations
C.41 APPOINT Al Courchesne as the District III representative
and Louis Mangini as the District IV representative to the Agricultural Task
Force, as recommended by Supervisors Gerber and DeSaulnier.
C.42 REAPPOINT Connie Batchelder to the Appointee 2 seat on the
County Service Area R-10 Citizens Advisory Committee, as recommended by
Supervisor Uilkema.
C.43 REAPPOINT Josephine Orozco to the Appointee 7 seat on the
County Service Area R-10 Citizens Advisory Committee, as recommended by
Supervisor Uilkema.
C.44 ACCEPT the resignation of Kathleen Tabor from the County
Children and Families Commission, DECLARE a vacancy, and DIRECT the Clerk of the
Board to post the vacancy, as recommended by Supervisor Gerber.
C.45 APPOINT Greg Rolen as the District III alternate
representative to the County Children and Families Commission, as recommended by
Supervisor Gerber.
C.46 APPOINT Paula Moten-Tolson as the District V
representative to the County Children and Families Commission; DECLARE vacant
the alternate seat, and DIRECT the Clerk of the Board to post the vacancy, as
recommended by Supervisor Glover.
C.47 ACCEPT the resignation of Lynn Gurko from the Mental
Health Commission, DECLARE a vacancy, and DIRECT the Clerk of the Board to post
the vacancy, as recommended by Supervisor Glover.
C.48 ADOPT Resolution No. 2001/345 appointing Supervisor John
Gioia as the County’s representative to the Federal Aviation Administration
(FAA) sponsored Regional Aviation Work Group and updating the Board Committee
Roster to reflect this appointment and the July 17, 2001 appointments of
Supervisors Gerber and Glover to the Executive Governing Committee of the Joint
Powers Authority established to oversee development of the Habitat Conservation
Plan, as recommended by the Chair, Board of Supervisors.
C.49 CORRECT action taken by the Board on June 26, 2001, to
reappoint Mary E. Salmon to Seat 5 instead of Seat 2 and Joan Conley to Seat 2
instead of Seat 5 on the Contra Costa Commission for Women, as recommended by
the Internal Operations Committee.
C.50 APPROVE the providers recommended by the Contra Costa
Health Plan Quality Council on June 22, 2001.
C.51 ACCEPT the resignation of Colin Yee and Jennifer Lynch
from the Countywide Youth Commission, DECLARE two vacancies, and DIRECT the
Clerk of the Board to post the vacancies; and APPOINT Jane’a Faulk to the
At-Large 7 seat from At-Large Alternate, as recommended by the
Commission.
Appropriation Adjustments - 2000/2001 FY
C.52 Health Services - Hospital Fixed Assets (0853):
AUTHORIZE decrease in appropriations and revenues in the amount of $372 to
reflect the transfer of funds from Hospital Fixed Assets to Fleet Management for
the purchase of a jitney.
C.53 Health Services Hospital and
Clinics (0540)/Plant Acquisition (0111): AUTHORIZE transfer of
appropriations in the amount of $10,000 from the Hospital to Plant Acquisition
to fund an insurance deductible for fire repairs at 1805 Arnold Drive,
Martinez.
C.54 Assessor (0016)/General County Revenue (0005):
Authorize the Auditor-Controller to reduce the Designation for Assessor
Automation by $508,857 and to transfer these funds to the Assessor’s Fiscal Year
2000/2001 budget to offset computer and technical support costs.
Personnel Actions
C.55 RECLASSIFY one Clerk Specialist position to Clerical
Supervisor in the Health Services Department. (Enterprise I Fund)
C.56 ADD two Clerk–Experienced Level positions in the Health
Services Department. (Enterprise I Fund)
Grants & Contracts
APPROVE and AUTHORIZE execution of agreements between the
County and the following agencies for receipt of funds and/or services:
C.57 APPROVE and AUTHORIZE the Employment and Human Services
Director, or designee, on behalf of the Workforce Development Board, to extend
the receipt of Department of Welfare-to-Work National Competitive Grant funds
from the Oakland Private Industry Council, Inc. from June 30, 2001 to June 30,
2003 with no change in funding amount. (No County Match Required)
C.58 APPROVE and AUTHORIZE the Employment and Human Services
Director, or designee, to accept State Department of Education Child Development
Services funding for Fiscal Year 2001/2002 in the amount of $2,174,308. (No
County Match Required)
C.59 APPROVE and AUTHORIZE the Agricultural
Commissioner-Director of Weights & Measures to execute Memoranda of
Understanding or standard State contract agreements with the California
Department of Agriculture, each in an amount not to exceed $20,000 for enforcing
agricultural laws and regulations.
C.60 APPROVE and AUTHORIZE the Chair, Board of Supervisors to
execute a contract with the California Department of Veterans Affairs to obtain
approximately $75,000 in State subvention for veterans services, and to sign
related assurances.
C.61 ADOPT Resolution No. 2001/340 approving and authorizing
the District Attorney to submit an application and execute a grant award, and
any extensions and amendments thereto, with the State Department of Insurance
for the Automobile Insurance Fraud Prosecution Program in the amount of $349,287
for the period July 1, 2001 through June 30, 2002. (State Funds)
C.62 APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract with the State Department of Health Services,
Office of AIDS, to pay the County an amount not to exceed $6,986 for the
County's AIDS Drug Assistance Program services, through June 30, 2002. (No
County Match Required)
C.63 APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract with Contra Costa County Superintendent of
Schools, Office of Education, to pay the County an amount not to exceed $9,360
to provide professional medical consultation to enhance health of special needs
students through June 30, 2002. (No County Match Required)
C.64 APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract with the State Department of Health Services,
Office of AIDS, to reimburse the County an amount not to exceed $13,209 each
program year 2001 through 2003 to provide direct home health care services to
AIDS Medi-Cal Waiver Program clients through December 31, 2003. (No County Match
Required)
C.65 APPROVE and AUTHORIZE the Health Services Director, or
designee, to submit the Child Health and Disability Prevention Program (CHDP)
Annual Plan and Budget for Fiscal Year 2001/2002 to the State Department of
Health Services to receive up to $1,914,654; and to execute a certification of
compliance with certain State requirements. ($991,504 or 34% County Match
Required, Health Services Department 2001/2002 Maintenance Budget)
C.66 APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract amendment with the State Department of Health
Services to increase the Fiscal Year 2000/2001 allocation by $20,000 to a new
allocation of $1,638,367 for the County's AIDS Program. (No County Match
Required)
C.67 APPROVE and AUTHORIZE the Health Services Director, or
designee, to submit the Federal SAMHSA Grant Renewal Application to the State
Department of Mental Health in the amount of $1,496,470 for substance abuse and
mental health services through June 30, 2002, to execute the necessary
assurances and certifications, and to make minor changes in said application, as
required by the State to maintain compliance with State and federal
requirements. (No County Match Required)
C.68 APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract with Mt. Diablo Unified School District in an
amount not to exceed $20,000 to provide professional mental health intervention
services for certain Special Education students through June 30, 2002. (No
County Match Required)
APPROVE and AUTHORIZE execution of agreements between the
County and the following parties as noted for the purchase of equipment and/or
services:
C.69 APPROVE and AUTHORIZE the General Services Director to
execute and take any other action as required to consummate and implement an
agreement with Transocean Funding, Inc. in an amount not to exceed $7,250,000 to
finance County tenant improvements at two leased facilities; 1275 Hall Avenue,
Richmond, and 1340 Arnold Drive, Martinez.
C.70 APPROVE and AUTHORIZE the General Services Director to
execute the Fifth Amendment authorizing extra work under the consulting services
agreement dated October 19, 1999 with Don Dommer Associates, to increase the
payment limit by $7,515 to a new payment limit of $94,345 for the new Fire
Station No. 79, 1423 Lillian Street, Crockett for the Crockett-Carquinez Fire
Protection District. (75% State, 25% District)
C.71 APPROVE and AUTHORIZE the General Services Director to
execute the Third Amendment authorizing extra work under the consulting services
agreement dated August 17, 1999, with Artech Design Group to increase the
payment limit by $95,000 to a new payment limit of $709,230 for a new office
building at 4549 Delta Fair Blvd., Antioch for the Employment and Human Services
Department. (Bond Funds)
C.72 APPROVE and AUTHORIZE the General Services Director to
execute the Second Amendment authorizing extra work under the consulting
services agreement dated November 16, 1999 with Daniel Rainey, Architect
increasing the payment limit by $89,691 to a new payment limit of $303,248 for
remodel and office landscape partitions modifications, 1305 MacDonald Avenue,
Richmond for the Employment and Human Services Department. (Plant Acquisition
Budget)
C.73 APPROVE and AUTHORIZE the Agricultural Commissioner, or
designee, to execute a contract with the California Department of Food and
Agriculture in the amount of $93,674 for high-risk pest exclusion activities
through June 30, 2002.
C.74 APPROVE and AUTHORIZE the Agricultural Commissioner, or
designee, to execute a contract with the USDA, APHIS, Wildlife Services and the
County in an amount not to exceed $16,050 for wildlife damage services.
(Agriculture Department 2001/2002 Maintenance Budget)
C.75 APPROVE and AUTHORIZE the Employment and Human Services
Director, or designee, to execute a contract amendment with Patricia Contaxis,
increasing the payment limit by $1,200 to a new payment limit of $27,200, and a
new contract with Ms. Contaxis in the amount of $30,000 for instruction and
coordination for the Foster Pride/Adopt Pride Training Project for the period
August 1, 2001 through July 31, 2002. (100% State and Federal Funds)
C.76 APPROVE and AUTHORIZE the Employment and Human Services
Director, or designee, to execute a contract amendment with Steve Gray to
increase the payment limit by $23,000 to a new payment limit of $50,000 for
domestic violence liaison services through June 30, 2002. (100% County Funds,
Zero Tolerance on Domestic Violence Initiative)
C.77 APPROVE and AUTHORIZE the Employment and Human Services
Director, or designee, on behalf of the Workforce Development Board, to execute
a contract with Caroline Kelley in the amount of $65,000 to coordinate marketing
and communications services for the Workforce Development Board for the period
August 1, 2001 through July 31, 2002. (100% Federal Funds)
C.78 APPROVE and AUTHORIZE the Employment and Human Services
Director, or designee, to execute a contract with Athletes United for Peace in
the amount of $35,400 to provide training and technical direction to the Bay
Point and North Richmond Youth Digital Academy 2001 Projects through June 15,
2002. (TANF Performance Incentive)
C.79 APPROVE and AUTHORIZE the County Administrator, or
designee, to execute contracts with The Center for Human Development and The
Congress of Neutrals, in the amounts of $60,000 and $30,000 respectively, to
provide small claims mediation services for the Dispute Resolution Program for
the period August 1, 2001 through December 31, 2002. (Superior Court filing
fees)
C.80 APPROVE and AUTHORIZE the County Probation Officer to
execute a contract with Del Norte County for the placement of two delinquent
court wards at Del Norte’s Bar-0 Boys Ranch at a monthly rate of $1,950 per
ward, and to permit placement of additional delinquent court wards at a monthly
rate of $2,100 per ward, through June 30, 2002. (Probation Department 2001/2002
Maintenance Budget)
C.81 APPROVE and AUTHORIZE the Human Resources Director, or
designee, to execute a renewal contract with Industrial Employers Distributors’
Association (IEDA), in an amount not to exceed $148,026 to provide labor
relations services through June 30, 2002. (Human Resources Department 2001/2002
Maintenance Budget)
C.82 APPROVE and AUTHORIZE the Community Services Director, or
designee, to execute a contract amendment with YWCA of Contra Costa County to
increase the payment limit by $35,179 to a new payment limit of $70,358 for
continuing Head Start Program wrap-around services through December 31, 2001.
(100% Federal Head Start Funds)
C.83 APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract with Martha McGhee in an amount not to exceed
$50,000 to provide continuing consultation and technical assistance to the
Department's Patient Accounting Director, through July 31, 2002. (Enterprise I
Fund 2001/2002 Maintenance Budget)
C.84 APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract with Rhonda Muse in an amount not to exceed
$88,000 to provide analysis and development of user manuals and reference
materials for County-developed computer systems, through July 31, 2002.
(Enterprise I Fund 2001/2002 Maintenance Budget)
C.85 APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract with Carmen Beyer in an amount not to exceed
$60,240 to provide consultation and technical assistance to the Department with
regard to Contra Costa County's AIDS Program, through June 30, 2002. (100% State
Medi-Cal Waiver and State Master Grants)
C.86 APPROVE and AUTHORIZE the Health Services Director or
designee, to execute a contract amendment with Marc F. Bono, Psy.D., to increase
the payment limit by $22,329 to a new payment limit of $82,569 to provide
additional dual recovery treatment coordination services for the Mental Health
Division, through September 30, 2001. (100% Federal SAMHSA Revenue)
C.87 APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract with FamiliesFirst, Inc. in an amount not to
exceed $131,400 to provide continuing intensive day treatment program services
for seriously emotionally disturbed adolescents, through June 30, 2002. (51.4%
Federal, 48.6% State EPSDT)
C.88 APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract with Milhous Children's Services, Inc. in an
amount not to exceed $82,687 to continue to provide a day treatment program for
seriously emotionally disturbed adolescents and latency-age children at Milhous
Treatment Ranch, through June 30, 2002. (48% Federal Medi-Cal, 45% State EPSDT,
7% Mental Health Realignment)
C.89 APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract with New Connections in an amount not to exceed
$340,795 to provide continuing dual-diagnosis treatment services for seriously
emotionally disturbed adolescents admitted into the West County Youth Drug
Court, through June 30, 2002. (48.7% Federal, 51.3% State EPSDT/Drug Court)
C.90 APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract with Community Violence Solutions (formerly Rape
Crisis Center) in an amount not to exceed $85,728 to provide continuing crisis
intervention and in-person advocacy services through June 30, 2002. (100% County
General Fund, Health Services Department 2001/2002 Maintenance Budget)
C.91 APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract with STAND! Against Domestic Violence (formerly
Battered Women's Alternatives) in an amount not to exceed $179,736 to provide
continuing shelter services for battered women and their children, through June
30, 2002. (100 % Marriage License Fees)
C.92 APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract amendment with Shelter, Inc., effective July 1,
2001, to increase the payment limit by $498,891 to a new payment limit of
$620,531 to provide family emergency shelter services at County's North Concord
and Mountain View facilities, through June 30, 2002. (33.6% Federal and State;
66.4% County Homeless Program 2001/2002 Recommended Budget)
C.93 APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract with Healthlink in an amount not to exceed
$40,000 for training to Contra Costa Regional Medical Center's Ambulatory Care
Unit staff with regard to new scheduling system software for the period
September 1 through November 30, 2001. (100% Community Access Program Grant)
C.94 APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract amendment with HomeBase - The Center for Common
Concerns, effective May 24, 2001, to increase the payment limit by $11,000 to a
new payment limit of $151,140 to provide additional grant application writing
services, through July 31, 2001. (50% Health Services General Fund, 50%
Department of Employment and Human Services General Fund)
C.95 APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract with Hugh R. Winig, M.D. in an amount not to
exceed $36,000 to provide continuing professional forensic psychiatric services
to patients in the Department's Conditional Release Program (CONREP), through
June 30, 2002. (100% State CONREP Funds)
C.96 APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract with Morgan Consulting Resources, Inc. in an
amount not to exceed $40,000 for recruitment services to fill the position of
Medical Director for the Contra Costa Health Plan, through May 31, 2002.
(Enterprise I Fund Budget)
C.97 APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract with LocumTenens.Com in an amount not to exceed
$120,000 for continuing psychiatric and anesthesiology locum tenens (registry)
physicians services at Contra Costa Regional Medical Center and Contra Costa
Health Centers, through July 31, 2002. (Enterprise I Fund, Third Party
Revenue)
C.98 APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract with Jason Peters in an amount not to exceed
$46,824 to provide facilities management services for the Contra Costa Regional
Medical Center for the period August 1, 2001 through January 31, 2002.
(Enterprise I 2001/2002 Maintenance Budget)
C.99 APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a contract with Merritt, Hawkins & Associates in an
amount not to exceed $40,000 for continuing recruitment of professional medical
physicians, through June 30, 2003. (Enterprise I Fund, Third Party Revenue)
C.100 APPROVE and AUTHORIZE the Human Resources Director, or
designee, to execute a contract with Jeffrey B. Kyle in an amount not to exceed
$90,000 to provide professional and technical services in labor relations to the
Human Resources Department during the period August 1, 2001 through June 30,
2002.
Leases
C.101 AUTHORIZE the General Services Director to exercise an
option to extend the lease with Richard A. Wilson, Kathleen A. Wilson, Charles
S. O’Connor, and Marilyn O’Connor for the premises at 4333 Pacheco Boulevard,
Martinez, for use by the Health Services Department, Hazardous Materials
Division. (Rental costs offset by permit fees accruing to the Health Services
Budget)
C.102 EXERCISE first option to extend the lease, dated May 17,
2001 with the Housing Authority of Contra Costa for the premises at 1744
4th Street, Richmond, California, for continued use by the Health
Services Department for public health/prevention activities in West County.
(100% revenue offset through prevention services grants)
Other Actions
C.103 CONTINUE the emergency action originally taken by the
Board on October 26, 1999 on the Emergency Upgrade of County Telecommunications
Infrastructure.
C.104 CONTINUE the emergency action originally taken by the
Board of Supervisors 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.105 CONTINUE the emergency action originally taken by the
Board of Supervisors on November 16, 1999 regarding the issue of homelessness in
Contra Costa County.
C.106 AUTHORIZE the Auditor-Controller to issue a warrant in
the amount of $25,647 to the San Ramon Valley Fire Protection District from Park
Dedication Trust funds for renovation of the Tassajara Old School Park, as
recommended by the Community Development Director.
C.107 AUTHORIZE the Chair, Board of Supervisors to sign a
letter to Congressman Miller thanking him for his assistance in working with the
National Oceanic and Atmospheric Administration to increase the County’s
allocation of the funds from the Coastal Impact Assistance Program, as
recommended by the Community Development Director.
C.108 AUTHORIZE the Fish and Wildlife Committee to host a
barbecue for law enforcement agencies to discuss enforcement of regulations
protecting fish and wildlife. (No County cost)
C.109 ACCEPT report from the Family and Human Services
Committee on the update of the CalWORKS/Welfare-to-Work Program.
C.110 AUTHORIZE the Chair, Board of Supervisors to execute
letters of support for ABAG POWER’s petition for modification of a recent Public
Utilities Commission decision, which would relieve the County of obligation to
pay a procurement surcharge for electricity it did not receive.
C.111 ADOPT report as the Board of Supervisors’ response to
Grand Jury Report No. 0104 entitled, "Juvenile Detention Facilities," as
recommended by the County Administrator.
C.112 ACKNOWLEDGE receipt of the Auditor-Controller’s May 2001
Supplemental Law Enforcement Services Funds (SLESF) activity report.
C.113 AWARD construction contract in the amount of $211,988 for
the Fire Alarm System Upgrade at 725 Court Street, Martinez to Fire Innovations,
Inc., the responsive and responsible bidder who has been found to have met the
requirements of the County’s Outreach and Mandatory Subcontracting Minimum
Program. (Plant Acquisition Budget)
C.114 ACCEPT as complete the contract with Redgwick
Construction Company for site improvements at the Los Medanos Health Center,
2311 Loveridge Road, Pittsburg, for the Health Services Department.
C.115 APPROVE plans and specifications for voice and data
cabling infrastructure, First Floor, 50 Douglas Drive, Martinez for the
Department of Child Support Services and DIRECT the Clerk to advertise for bids
to be received on September 13, 2001 (CP #01-43). (Funded by 100% State funds
within the Child Support Services Department.)
C.116 AUTHORIZE the General Services Director to sign and
submit an application to the City of Richmond for a conditional use permit by
the proposed licensee, the International Longshoreman and Warehouse Union
(ILWU), requesting temporary placement of a trailer on County property located
on Atlas Road and DIRECT staff to explore the feasibility of a license agreement
with the ILWU for use of the property for a period not to exceed six months.
C.117 AUTHORIZE the Chair, Board of Supervisors to execute the
Energy Conservation Pledge as requested by the California State Association of
Counties, League of California Cities and California Special Districts
Association.
C.118 ADOPT Resolution No. 2001/342 authorizing the placement
of applicable youth from Contra Costa County in Turning Point Academy, San Luis
Obispo County, and agreeing to comply with all the requirements of Sections
731.3 and 796 of the Welfare and Institutions Code. (State Funded placement, No
County cost)
C.119 APPROVE amendment to Tri Delta Transit Eastern Contra
Costa Transit Authority Conflict of Interest Code to require the alternate Board
of Directors member to file a conflict of interest form with the Authority, as
recommended by the County Counsel.
C.120 AUTHORIZE the Community Development Director to direct
the Auditor-Controller to transfer child care mitigation fees collected from
time to time, pursuant to Chapter 82-22 of the County Ordinance Code, to the
Redevelopment Agency for use in creating or expanding child care services. (See
C.131)
C.121 ADOPT Resolution No. 2001/343 authorizing the issuance
and sale of County of Contra Costa, California, 2001/2002 Tax and Revenue
Anticipation Notes in an amount not to exceed $100,000,000 and AUTHORIZE the
County Administrator, or designee, to take necessary actions and execute
necessary documents related thereto.
C.122 ACCEPT Canvass of Votes for the Police Service Area P-6,
Zone 1804, election of July 17, 2001.
C.123 ACCEPT report and ADOPT changes to terms and a position
description for Adult Volunteers to the Countywide Youth Commission, as
recommended by the Internal Operations Committee.
C.124 ADOPT report as the Board of Supervisors’ response to
Grand Jury Report No. 0102 entitled, "Disposition of Discovery House," as
recommended by the County Administrator and Health Services Director.
C.125 ADOPT report as the Board of Supervisors’ response to
Grand Jury Report No. 0108 entitled, "Group Homes," as recommended by the County
Administrator and Employment and Human Services Director.
C.126 ACCEPT report from County Administrator regarding the
County’s 1999 Affirmative Action Progress Report.
C.127 APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a non-financial coordinated services agreement with Planned
Parenthood: Shasta-Diablo for provision of obstetrical services to clients
receiving prenatal services through Planned Parenthood through July 31, 2002.
C.128 APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute a non-financial contract with Children's Hospital Medical
Center of Northern California to provide transfer and transport services for
infants and children in need of specialized neonatal and pediatric care through
July 31, 2004.
C.129 APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute an Unpaid Student Training Agreement with the
Foothill-DeAnza Community College District to provide clinical and field
experience for ultrasound technology students through June 30, 2004.
C.130 APPROVE and AUTHORIZE the Community Development
Department to establish a separate trust fund for security deposits related to
the implementation of conditions of land use approval.
Redevelopment Agency
C.131 AUTHORIZE the Deputy Director-Redevelopment to accept the
transfer of child care mitigation fees from the County, and DIRECT the Deputy
Director-Redevelopment to incorporate the programming of these funds for child
care service expansion in redevelopment areas. (See C.120)
A. CONFERENCE WITH LABOR NEGOTIATORS
1. Agency Negotiators: Leslie Knight, Kathy Ito, and Keith
Fleming.
Employee Organizations: Contra Costa County Employees’ Assn., Local No.
1; Am. Fed., State, County, & Mun. Empl., Locals 512 and 2700; Calif. Nurses
Assn.; Service Empl. Int’l Union, Local 535; District Attorney’s Investigators
Assn.; Deputy Sheriffs Assn.; United Prof. Firefighters, Local 1230; Physicians’
& Dentists’ Org. of Contra Costa; Western Council of Engineers; United Chief
Officers Assn.; Service Empl. Int’l Union Health Care Workers, Local No. 250,
and Oakley-Knightsen Firefighters’ Assn.
2. Agency Negotiators: Leslie Knight, Kathy Ito, and John
Sweeten.
Unrepresented Employees: All unrepresented agency management employees
(Resolution No. 2000/372 including its Exhibits), unrepresented nursing
classification employees, and all other unrepresented agency employees.
- CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Gov. Code,
§54956.9(a)):
- John Josselson v.
Contra Costa County, W.C.A.B. No.
0052781
C. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Gov. Code,
§54956.9(b): one potential case
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