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
March 13, 2001

 

9:00 A.M. Convene and announce adjournment to Closed Session, Room 105.

                There were no Closed Session announcements.

                          Call to order and opening ceremonies.

Inspirational Thought - "Happiness is a perfume you cannot pour on others without getting a few drops on yourself" ­ Ralph Waldo Emerson
 

CONSIDER CONSENT ITEMS (Pages 3-4) - Items removed from this section will be considered with the Short Discussion Items.

Approved as listed except as noted below:

C.11, C.15, C.22, C.23, C.24.

HOUSING AUTHORITY CONSENT ITEMS

HA.1 ACCEPT the revised Investment Policy for the Housing Authority of the County of Contra Costa in order to be in compliance with the U.S. Department of Housing and Urban Development (HUD) and California Governmental Code.

Approved as listed.

 

PRESENTATIONS

 

P.1 PRESENTATION of a Certificate of Appreciation to Richard Spellmann, a newly former resident of West Contra Costa County, for his 50+ years of civic involvement. (Supervisor Gioia)

APPROVED Resolution No. 2001/101, a Certificate of Appreciation to Richard Spellmann, a newly former resident of West Contra Costa County, for his 50+ years of civic involvement.

 

SHORT DISCUSSION ITEMS - The Board will consider and take action on the following items:

SD.1 CONSIDER any Consent Items previously removed.

SD.2 HEARING to consider and adopt fees for property tax administration. (County Administrator)

CLOSED the public hearing; APPROVED Resolution No. 2001/110 regarding the Implementation of the Property Tax Administrative Cost Recovery Provisions of Revenue and Taxation Code Section 95.3

 

SD.3 HEARING to consider the report by the County Abatement Officer on itemized costs for abatement of a public nuisance at Delta Coves c/o Warren Weisenburg, Sandy Lane, Bethel Island to consider the assessment of costs against said property. (C.C.C. Ordinance Code Section 14-6.428) (Mike Silva, Building Inspection Department)

CLOSED the public hearing; HEARD and CONSIDERED the itemized cost report regarding the abatement of property at Delta Coves, Sandy Lane, Bethel Island c/o Warren Weisenburg, and any objections 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 it.

SD.4 HEARING to the appeal of Ken Manning, dba Soil Enterprises, Inc., (Owner) from the decision of the County Abatement Officer declaring as a public nuisance property located at 5100 Clifton Court Road, Byron area (C.C.C. Ordinance Code Section 14-6.428). (Mike Silva, Building Inspection Department)

CLOSED the public hearing; DENIED the appeal of Ken Manning, dba Soil Enterprises, Inc. (Owner) from the decision of the County Abatement Officer declaring a land use violation, contractor yard in an A-3 parcel, and junkyard conditions at 5100 Clifton Court Road, Byron; AFFIRMED the determinations of the County Abatement Officer; and DIRECTED the County Abatement Officer to proceed and perform the work of the abatement (C.C.C. Ordinance 14.6410), if it is determined compliance has not been met.

SD.5 HEARING on the appeal of Buchalter, Nemer et al, from the decision of the County Abatement Officer declaring as a public nuisance property located at 590 La Paloma Road, El Sobrante area. (Lynn and Sharon Newt, Owners) (C.C.C. Ordinance Sections 712-2.004, 74-1.002) (Mark Kirchen, Building Inspection Department)
SD.6 HEARING on the appeal of Joseph and Frances Brucia (Owners) from the decision of the County Abatement Officer declaring as a public nuisance property located at 14800 Byron Highway, Byron area. (C.C.C. Ordinance Sections 82-2.006, 88-4.204, 88-4.402)(Jaime Perez, Building Inspection Department)(Continued from February 13, 2001)

CLOSED the public hearing; DENIED the appeal of Buchalter, Nemer et al, from the decision of the County Abatement Officer declaring a substandard building and unsafe conditions at 590 La Paloma Road, El Sobrante area (Lynn and Shavon Newt) (Owners); AFFIRMED the determinations of the County Abatement Officer; DIRECTED the County Abatement Officer to proceed and perform the work of the abatement (C.C.C. Ordinance 14.6410).

SD.7 HEARING to consider adoption of a Resolution of Necessity for acquisition by eminent domain of real property required for the Withers Avenue Headwall Repair Project, Lafayette area. (Maurice Shiu, Public Works Director)

CLOSED the public hearing; ADOPTED Resolution of Necessity for acquisition by eminent domain of real property required for the Withers Avenue Headwall Repair Project, Lafayette area.

 

SD.8 CONSIDER approving and authorizing the County Agricultural Commissioner to execute a contract with the California Department of Food and Agriculture for funding for noxious weed control in the amount of $33,024 available through Senate Bill 1740, and supporting the efforts of the Alameda-Contra Costa County Weed Management Area to increase awareness and coordinate control of noxious weeds in Contra Costa County with SB1740 and other funding.. (Edward P. Meyer, Agricultural Commissioner-Director of Weights and Measures)

 

SD.9 CONSIDER authorizing the Public Works Director to enter into an agreement with East Bay Regional Parks District for dispersal of Proposition 12, per capita share monies and approving the recommended disbursement to parks and recreational facilities in the unincorporated area of Contra Costa County. (Countywide)(Maurice Shiu, Public Works Director)

AUTHORIZED the Public Works Director to enter into an agreement with the East Bay Regional Park District for dispersal of Proposition 12 per capita share monies; APPROVED the recommended disbursement to parks and recreational facilities in the unincorporated area of the County as amended.

11:00 A.M.

DELIBERATION ITEMS - The Board will consider and take action on the following items:

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

No one appeared to speak during Public Comment.

 

D.2 CONSIDER approving and authorizing the Community Development Director to execute a modification to the existing agreement with the Hofmann Company and the East Diablo Fire Protection District to provide a fire station for the Discovery Bay West Project (SD91-7686) in the East County area. (Dennis Barry, Community Development Director)

AUTHORIZED the Community Development Director to execute a modification to the existing agreement with the Hofmann Company and the East Diablo Fire Protection District to provide a fire station for the Discovery Bay West Project (#SD 91-7686) in the East County area.

D.3 HEARING on the recommendation of the Contra Costa County Regional Planning Commission on the request by Tom Gozzano (Applicant and Owner), for an amendment to the Land Use Element of the County General Plan and the San Pablo Avenue-Rodeo Downtown/Waterfront Specific Plan, Rodeo area. (Dennis Barry, Community Development Director)

CLOSED the public hearing; APPROVED the San Pablo Avenue, Rodeo General Plan/Specific Plan Amendment (County Files #GP 00-0003 and  #SP 00-0001) as recommended by the County Planning Commission; DIRECTED the Community Development Department to include the San Pablo/Rodeo General Plan/Specific Plan Amendment in the next consolidated General Plan Amendment for 2001; ADOPTED the Mitigated Negative  Declaration of Environmental Significance as adequate and in compliance with CEQA; ADOPTED the Mitigation Monitoring Program for this project; and DIRECTED staff to post the Notice of Determination.
 

D.4 HEARING on the recommendation of the Contra Costa County Planning Commission on the proposed Residential Density Bonus Ordinance. (Jim Kennedy, Director-Redevelopment Agency)

CLOSED the public hearing; ADOPTED the Negative Declaration of Environmental Significance for the project as adequate and in compliance with the California Environmental Quality Act (CEQA); EXPRESSED intent to approve the Residential Density Bonus as recommended by the County Planning Commission, County File #ZT01-0002; APPROVED the findings and recommendations contained in the County Planning Commission Resolution No. 3-2001 as the basis for the Board's action; DIRECT the Director of Community Development to file a Notice of Determination and a Certificate of Exemption:  De Minimis Impact Finding with the County Clerk; INTRODUCED the Residential Density Bonus Ordinance No. 2001- 06; WAIVED reading; FIXED Tuesday April 10, 2001 for adoption of same; DIRECTED the Community Development Director to arrange for payment of the County Clerk's handling fee.

Closed Session
 

 
 

Adjourn to the Board of Supervisors Retreat
March 19, 2001
Westminster Retreat
512 Hemme Avenue, Alamo

 

SUPPLEMENTAL AGENDA
March 13, 2001

 

Honors & Proclamations:

C.26 ADOPT resolution commending Paul Schmidt for being chosen as the Richmond-San Pablo Exchange Club's 2000 Firefighter of the Year, as recommended by Supervisor Gioia.
 
 

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).

Personnel Actions

C.1 CONFIRM AFSCME Local 2700 as the majority representative for the East Diablo Fire Protection District Clerical Unit as recommended by the Labor Relations Manager.

C.2 ADOPT the Memorandum of Understanding between the East Diablo Fire District and United Professional Fire Fighters I.A.F.F., Local 1230, implementing negotiated wage agreements and other economic terms and condition of employment beginning January 1, 2000 through December 31, 2001. 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.

C.3 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Desarrollo Familiar, Inc., in an amount not to exceed $93,362 to provide mental health services, including individual, group, and family collateral counseling, case management, and medication management for Spanish-speaking CalWORKs participants through June 30, 2001. (100% State CalWORKs Funds)

C.4 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Desarrollo Familiar, Inc., in an amount not to exceed $36,170, to provide alcohol and drug abuse primary prevention services to Spanish-speaking youth and families in West County, for the period from March 1, 2001 through September 30, 2001. (Federal Funds)

Other Actions

C.5 DETERMINE there is a need to continue with the emergency action continued by the Board on February 27, 2001 on the Emergency Upgrade of County Telecommunications Infrastructure.

C.6 DETERMINE there is a need to continue with 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.7 DETERMINE there is a need to continue with the emergency action originally taken by the Board of Supervisors on November 16, 1999 regarding the issue of homelessness in Contra Costa County.

C.8 DETERMINE there is a need to continue the action taken by the Board on October 3, 2000 pursuant to Public Contract Code Sections 20134 and 22050 to replace the heating, ventilation and air conditioning system at the Richmond Health Center, 100 38th Street, Richmond for Health Services.

C.9 APPROVE an amendment to the age requirements of two consumer membership seats on the In-Home Supportive Services (IHSS) Public Authority Advisory Committee from "under 65 years of age" to "under 60 years of age", as recommended by the Internal Operations Committee.

Redevelopment Agency

C.10 APPROVE and AUTHORIZE the Deputy Director-Redevelopment to execute a contract with Bill Reeds in an amount not to exceed $24,500 to develop a strategic plan for the Bay Point Waterfront area. (No impact on the General Fund)

Consent Items of Board Members

C.11 ADOPT resolution commending Officer Larry Johnson for being chosen as the Richmond-San Pablo Exchange Club's Firefighter of the Year, as recommended by Supervisor Gioia.

CORRECTED TO READ:  ADOPTED Resolution No. 2001/104 commending Officer Larry Johnson for being chosen as the Richmond-San Pablo Exchange Club's Police Officer of the Year, as recommended by Supervisor Gioia.

C.12 ADOPT resolution in special recognition of Commissioner James H. Libbey for his twenty years of outstanding service to the people of Contra Costa County, as recommended by Supervisor DeSaulnier.

C.13 APPOINT Susan K. Bischel to the District II seat of the Arts and Culture Commission of Contra Costa County, as recommended by Supervisor Uilkema.

C.14 REAPPOINT Daniel Pellegrini to the District II seat of the Fish and Wildlife Committee, as recommended by Supervisor Uilkema.

C.15 ACCEPT the resignation of Gerald Littleton from the Crockett-Carquinez Fire Protection District Fire Advisory 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 Uilkema.

CORRECTED TO READ:  DECLARED vacant the seat the held by Gerald Littleton, recently deceased, on the Crockett-Carquinez Fire Protection District's Fire Advisory Committee, and DIRECTED the Clerk of the Board to apply the Board's policy for filling the vacancy, as recommended by Supervisor Uilkema.

C.16 ACCEPT the resignation of Theresa J. Canepa from a District II Owner seat of the Mobile Home Advisory Committee, DECLARE a vacancy, and DIRECT the Clerk of the Board to apply the Board's policy for filling the vacancy, as recommended by Supervisor Uilkema.

C.17 ACCEPT the resignation of Lillian Burns from the Alamo Beautification Steering Committee, DECLARE a vacancy, and DIRECT the Clerk of the Board to apply the Board's policy for filling the vacancy, as recommended by Supervisor Gerber.

C.18 ACCEPT the resignation of Fred Stornetta from the Byron-Brentwood-Knightsen Union Cemetery District, DECLARE a vacancy on the Byron-Brentwood-Knightsen Union Cemetery District; and DIRECT the Clerk of the Board to apply the Board's policy for filling the vacancy, as recommended by Supervisor Glover.

C.19 REAPPOINT James J. Bessolo, Shirley Moirano, Catherine J. Conn, Pedro Ferrer and Diane Leite to specified seats on the Rodeo Municipal Advisory Council, as recommended by Supervisor Uilkema.

C.20 ACCEPT the resignation of Diane Leite from the County Service Area R-10 Citizens Advisory Committee; DECLARE a vacancy, and DIRECT the Clerk of the Board to apply the Board's policy for filling the vacancy, as recommended by Supervisor Uilkema.

C.21 APPOINT Beatrice Couzens as the District III alternate representative to the County Library Commission, as recommended by Supervisor Gerber.

C.22 APPOINT Maria Theresa Viramontes-Campbell to the Contra Costa County Children & Family Commission as the District I representative, and APPOINT Susan Wittenberg as an alternate, as recommended by Supervisor Gioia.

CORRECTED TO READ:  APPOINTED Maria Theresa Viramontes-Campbell to the Contra Costa County Children & Family Commission as the District I representative as of March 22, 2001; and APPOINTED Susan Wittenberg as an alternate as of March 22, 2001, as recommended by Supervisor Gioia.

C.23 APPOINT Robert E. Doran and Ray Tetrault to the East Diablo Fire Protection District Advisory Commission, as recommended by Supervisor Glover.

CORRECTED TO READ:  APPOINTED Robert E. Doran and Ray Tetreault to the East Diablo Fire Protection District Advisory Commission, as recommended by Supervisor Glover.

C.24 ACCEPT the resignation of Kay Burnside from the Children & Family Commission, as recommended by Supervisor Gioia.

C.25 AWARD a contract to Utah Pacific Construction Company, who has been found to have met the requirements of the County's Outreach Program, in the amount of $406,310 for the Pacheco Boulevard Traffic Signals Project, Pacheco area, as recommended by Supervisor Uilkema. (75% County Road Funds, 25% City of Pleasant Hill)
 

 

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 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 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 Street, Martinez.
 
 

Finance Committee	3-19-01	CANCELED	see above
Internal Operations Committee	3-19-01	CANCELED	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.
 
 

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

Tuesday, March 13, 2001, 9:00 a.m. and thereafter

Board Chambers Room 107 and Room 105
 Administration Building,
651 Pine Street, Martinez, California

 

     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 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.

    B.  CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
         (Gov. Code, §54956.9(a)):

         Lucy’s Sales, et al. v. Contra Costa County, et al., U.S. District Court No. C98-02955

    C.  CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
          Significant exposure to litigation (Gov. Code, §54956.9(b): two cases

     D.  PUBLIC EMPLOYEE PERFORMANCE EVALUATION
           Title: County Administrator