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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

October 9, 2001

 The Board of Supervisors respects your time, and every attempt is made to accurately estimate when an item may be heard by the Board. All times specified for items on the Board of Supervisors agenda are approximate. Items may be heard later than indicated depending on the business of the day. Your patience is appreciated.
PROJECTED

TIME

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

Inspirational Thought - "Be kind and merciful. Let no one come to you without coming away better and happier." ~Mother Theresa

CONSIDER CONSENT ITEMS Items removed from this section will be considered with the Short Discussion Items.

Approved as listed.

HOUSING AUTHORITY CONSENT ITEMS:

Approved as listed.

HA.1 ADOPT Resolution No. 5011 authorizing the Housing Authority of the County of Contra Costa to support the formation of a non-profit housing development corporation to enable the development of affordable housing within the County application to HUD for disposition of existing housing units at the Los Medanos Pueblo development in Bay Point, and resolution of intent for the future issuance of tax-exempt obligations. (District V)

9:05 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 HEARING on proposed Police Special Taxes for County Service Area P-6, adoption of Resolution No. 2001/445 authorizing election thereof and formation of Zone 1508, Subdivision 8443, and adoption of Ordinance No. 2001-17 establishing a fee for the Police Service District, Walnut Creek area. (District III)

CLOSED the public hearing on proposed Police Services District Special Taxes for County Service Area P-6; ADOPTED Resolution No. 2001/445 creating Zone 1508, Subdivision 8443 and authorizing a special tax election; and ADOPTED Ordinance 2001-17 establishing fees for Zone 1508, Walnut Creek area.

SD.3 HEARING to approve Resolution No. 2001/466 authorizing obligations to be undertaken by the California Statewide Communities Development Authority to benefit the Seven Hills School in an amount not to exceed $7,000,000 for financing of certain renovations and rehabilitation to the existing school facility and construction of certain new structures. (Hearing required to satisfy Section 147(f) of the Internal Revenue Code of 1986.) (District IV)

CLOSED the public hearing; ADOPTED Resolution No. 2001/466 authorizing obligations to be undertaken by the California Statewide Communities Development Authority to benefit the Seven Hills School for financing of renovations an rehabilitation to the existing school facility and construction of new structures.

SD.4 HEARING to approve Resolution No. 2001/467 authorizing obligations to be undertaken by the California Statewide Communities Development Authority to benefit the Bentley School in an amount not to exceed $27,000,000 for the refinancing of existing tax-exempt debt obligations and the financing of renovations to existing school facilities and construction of certain new structures, (Hearing required to satisfy Section 147(f) of the Internal Revenue Code of 1986). (District II)

CONTINUED to October 16, 2001 the hearing on authorizing obligations to be undertaken by the California Statewide Communities Development Authority to benefit the Bentley School for the refinancing of existing tax-exempt debt obligations and the financing of renovations to existing school facilities and construction of certain new structures.

SD.5 HEARING on the itemized costs of abatement for property located on Willow Pass Road, Bay Point, Ricardo Palacios, Owner. (Mike Molinari, Building Inspector) (District V)

CLOSED the public hearing; HEARD and CONSIDERED the itemized cost report regarding the abatement of property of Ricardo Palacios (Owner), Willow Pass Road, Bay Point, and any objections of those 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.6 HEARING on the itemized costs of abatement for property located at 5165 Alhambra Valley Road, Martinez, Henry S. Bailey, Owner. (M. Silva, Building Inspection Department) (District II)

CLOSED the public hearing; HEARD and CONSIDERED the itemized cost report regarding the abatement of property of Henry S. Bailey (Owner), 5165 Alhambra Valley Road, Martinez, and any objections of those 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.7 HEARING to ADOPT Resolution No. 2001/468 approving conveyance of County owned real property to the State of California in connection with the State Route 4/Willow Pass Grade Lowering and Widening Project, Bay Point and Pittsburg areas. (District V)

CLOSED the public hearing; and ADOPTED Resolution No. 2001/468 approving conveyance of County owned real property to the State of California in connection with the State Route 4/Willow Pass Grade Lowering and Widening Project, Bay Point and Pittsburg areas.

SD.8 CONSIDER amendments to the Election Campaign Ordinance to impose campaign contribution limits for non-supervisorial candidates on a per election cycle basis. (Supervisor Gioia) (All Districts)

CONTINUED to October 16, 2001 consideration of amendments to the Election Campaign Ordinance to impose campaign contribution limits for non-supervisorial candidates on a per election cycle basis; and DIRECTED the County Administrator to inquire and gather any comments from affected office-holders and candidates for countywide office, including Assessor, Auditor, County Clerk, District Attorney, Sheriff and Treasurer-Tax Collector.

SD.9 CONSIDER a recommendation to assess, analyze, and evaluate the County’s preparedness to respond to acts of terrorism and bioterrorism. (Supervisor Gerber, Sheriff Rupf) (All Districts)

CONSIDERED a recommendation to assess, analyze and evaluate the County’s preparedness to respond to acts of terrorism and bio-terrorism; REFERRED the matter to the County Administrator as the Chair of the Emergency Services Policy Board to coordinate the assessment/evaluation, to report back to the full Board in 30 days; REQUESTED the County Administrator involve and coordinate appropriate parties, particularly to include the Office of Emergency Services; and REFERRED the issues of bio-terrorism and health care access in an emergency to the Joint Conference Committee (Hospital), to report back to the full Board at a future date.

 

PROJECTED

TIME

11:00 A.M.

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

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

There were no requests to speak at public comment.

 D.2 CONSIDER the recommendation by the Public Works Director to submit an Airport Improvement Program (AIP) grant application to the Federal Aviation Administration and CALTRANS in the amounts of $814,500 and $40,725, respectively, to update the Buchanan Field Airport Master Plan, Business Plan and Federal Aviation Regulation Part 150 Noise Study, Pacheco area. (Maurice Shiu, Public Works Director) (District IV)

DIRECTED Public Works to submit an Airport Improvement Program (AIP) grant application to the Federal Aviation Administration and CALTRANS to update the Buchanan Field Airport Master Plan, Business Plan and Federal Aviation Regulation Part 150 Noise Study Pacheco area; DIRECTED the County Administrator to form a stakeholders group that meets on a regular basis to work on the scoping and hiring of consultants, with a balance between aviation and community interests, involving the District IV Supervisor, and including a representative from the Aviation Advisory Committee, with the group reporting back to the full Board before acceptance of a grant; and DIRECTED that the current configuration of Diamond Boulevard, Concord be altered before the Master Plan is implemented.

 

D.3 ACCEPT the letter from E & B Farms withdrawing the land use permit application for a temporary mobilehome for interim agricultural use in the Clayton area. (County File #LP00-2111). (Telma Moreira, Community Development Department) (District IV)

CONTINUED to December 11, 2001 at 11:00 a.m. the hearing on the Alamo Garden Project (Peter Ostrosky, Owner, Applicant); SUSTAINED the San Ramon Valley Regional Planning Commission decision that the Mitigated Negative Declaration is adequate and consistent with the State CEQA guidelines and County CEQA guidelines; DECLARED the Board’s intent to approve the applicant’s appeal and overturn the San Ramon Valley Regional Planning Commission’s denial of Subdivision 98-8263 and Development Plan 98-3025, and stating suggested modifications to the plans as outlined this date; and DIRECTED staff to prepare findings for board adoption and final Board action on the appeal and to prepare an ordinance rezoning the property.

11:30 A.M.

D.4 HEARING on the appeal by Peter Ostrosky (Owner) from the decision by the San Ramon Valley Regional Planning Commission denying the tentative subdivision map, rezoning request and final development plan to resubdivide the existing 5.31 acre site into three single family residential homesites and an eight unit cluster development for seniors 55 or older with six attached "duet" units and two detached units for the Alamo Garden Project (County File #DP983025, RZ983069, SD988263). (Michael Laughlin, Community Development Department) (District III)

Closed Session

CLOSED SESSION: By unanimous vote, with all Supervisors present, the Board authorized amicus curiae participation in the case of In re Zeth S., and authorized the County Counsel to send a letter to the California Supreme Court asking the Court to review the appellate court’s decision or, in the alternative to depublish the opinion.

 

Adjourn to the "Lights On Afterschool" forum

October 12, 2001 11:00 a.m.

Willow Creek Center, 1026 Mohr Lane, Concord, CA

 

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 CONTINUE the Emergency Action taken by the Board of Supervisors on July 24, 2001 regarding the repair of the Briones Valley Road Bridge, Brentwood area. [CP# 01-42] (District III)

C.2 APPROVE and AUTHORIZE the Public Works Director to execute a contract amendment with the Redevelopment Agency to increase the payment limit by $1,461,250 to a new payment limit of $1,566,250 and extend the term to December 31, 2003 for Phase III of the North Broadway Area infrastructure project in the Bay Point Redevelopment Project Area. (District V) (See C.11)

C.3 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a License Agreement with Metromedia Fiber Services, Inc., acting on behalf of MCI-Worldcom, Inc., for the installation of telecommunication cable, for a term of 20 years, beginning at $4,240 per year and subject to Consumer Price Index adjustment every five years, San Ramon area, Project No. 4585-6G5575. (Southern Pacific Right-of-Way Fund) (District III)

Ordinances

C.4 ADOPT Ordinance No. 2001-19, introduced September 11, 2001, to add one member to the Emergency Services Board. (All Districts)

Personnel Actions

C.5 CANCEL one Public Works Program Manager position and ADD one Public Works Field Operations Manager position; REALLOCATE the class on the Public Works Field Operations Manager on the salary schedule. (Budgeted, No General Fund Cost) (All Districts)

Other Actions

C.6 CONTINUE the emergency action originally taken by the Board on October 26, 1999 on the Emergency Upgrade of County Telecommunications Infrastructure. (All Districts)

C.7 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. (All Districts)

C.8 CONTINUE the emergency action originally taken by the Board of Supervisors on November 16, 1999 regarding the issue of homelessness in Contra Costa County. (All Districts)

C.9 ADOPT Resolution No. 2001/474 and APPROVE Quitclaim Deed to Robert C. and Deanne Hagerty in connection with the Grant Deed of development rights for Subdivision 6933, Diablo area, Project No. 3520-5011-5B060C. (District III)

C.10 AUTHORIZE the negotiation of a joint powers agreement with the cities of Antioch, Brentwood and Oakley to create a new joint powers agency for the purpose of funding expanded regional transportation projects in eastern Contra Costa County, as recommended by Supervisor Glover. (Districts III and V)

Redevelopment Agency

C.11 APPROVE and AUTHORIZE the Deputy Director – Redevelopment to execute a contract amendment with the County Public Works Department to increase the payment limit by $1,461,250 to a new payment limit of $1,566,250 and extend the term to December 31, 2003 for Phase III of the North Broadway Area infrastructure project in the Bay Point Redevelopment Project Area. (District V) (See C.2)

Consent Items of Board Members

C.12 APPOINT Stephen G. Rothschild as the District III Family Member representative to the Contra Costa County Mental Health Commission, as recommended by Supervisor Gerber. (District III)

C.13 ACCEPT the resignation of Anthony R. Jensen from the Rodeo Municipal Advisory Council, DECLARE a vacancy and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Uilkema. (District II)

C.14 ACCEPT the resignation of William W. Bennett from the Alternate seat of the Rodeo Municipal Advisory Council, DECLARE a vacancy and DIRECT the Clerk of the Board to post the vacancy; APPOINT William W. Bennett to the Appointee 4 seat of the Rodeo Municipal Advisory Council, as recommended by Supervisor Uilkema. (District II)

C.15 ADOPT Resolution No. 2001/469 declaring October 12, 2001 to be "Lights On Afterschool" day in Contra Costa County, and co-sponsoring the "Afterschool for All" forum on that day, as recommended by Supervisors Gioia and DeSaulnier. (All Districts)

C.16 ADOPT Resolution No. 2001/473 reappointing Supervisor Uilkema as the Board’s representative and Supervisor Gioia as the Alternate representative to California State Association of Counties (CSAC) Board of Directors, as recommended by Supervisor Gioia. (All Districts)

C.17 REFER to the Internal Operations Committee review of a proposed alcoholic beverages sales ordinance that would require land use permits for new alcoholic beverage sales establishments and would regulate nuisances at existing alcoholic beverage sales establishments, as recommended by Supervisor Gioia. (All Districts)

C.18 APPOINT Celeste Murphy to the One Stop Mandated Partners Seat #8 on the Workforce Development Board, as recommended by the Internal Operations Committee. (All Districts)

C.19 DECLARE vacant the 2nd Alternate seat on the El Sobrante Municipal Advisory Council and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Gioia.

 

 

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.

 

Finance Committee

Internal Operations Committee

10-15-2001

10-15-2001

9:00 A.M.

10:00 A.M.

see above

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.

 

Supplemental Calendar of Closed Session Items

  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.

B. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION:

Initiation of litigation pursuant to Gov. Code, § 54956.9(c): one potential case