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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)

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

9:30 A.M. Call to order and opening ceremonies.

Inspirational Thought - "The true measure of an individual is how he treats a person who can do him absolutely no good." ~Ann Landers

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

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

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

D.1 PUBLIC COMMENT. (3 Minutes/Speaker) The following people presented testimony:

Closed Session

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

C.1 CONTINUE the Emergency Action taken by the Board of Supervisors on July 24, 2001 regarding the repair of Briones Valley Road Bridge, Brentwood area. [CP# 01-42] (District III)

C.2 APPROVE and AUTHORIZE the Principal Real Property Agent to execute the relocation assistance claim forms; AUTHORIZE the Auditor-Controller to process payments of $12,190 payable to Kristin Smallwood & Dave Tomilloso, and $2,065 payable to Roderick Gray, Sr., 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) (District V)

C.3 APPROVE and AUTHORIZE the Public Works Director to execute an amendment to the relocation settlement agreement between the County of Contra Costa and the Pittsburg Elks Lodge, in the amount of $30,600 for relocation 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) (District V)

C.4 LP 2036-97: ADOPT Resolution No. 2001/444 accepting completion of warranty period and release of cash deposit under the Road Improvement Agreement, San Pablo area. (District I)

C.5 MS 53-90: ADOPT Resolution No. 2001/446 authorizing acceptance of instrument (avigation and noise easement) for minor subdivision being developed by Steven R. St. Germain, Martinez area. (District II)

C.6 MS 18-98: ADOPT Resolution No. 2001/447 approving the Deferred Improvement Agreement along Willow Avenue being developed by Contra Costa County Redevelopment Agency, Rodeo area. (District II)

C.7 MS 18-98: ADOPT Resolution No. 2001/448 approving the Parcel Map being developed by the Contra Costa County Redevelopment Agency, Rodeo area. (District II)

C.8 ADOPT Resolution No. 2001/430, calling for an appropriations limit increase election on March 5, 2002 for County Service Area R-7A. (District III)

C.9 ADOPT Resolution No. 2001/443 and Notice of Intention to sell Fire Protection District surplus property located at 5850 Clayton Road, Clayton, at public auction, and DETERMINE that the activity is not subject to the California Environmental Quality Act (CEQA) as a Class 12 Categorical Exemption, Clayton area. [CDD-CP# 01-41] (District IV)

C.10 DENY claims of M. Summers; M. Ballard; S. Shields; A. Davila-Luecano; Amended Claim for F. Pastori; Application to File Late Claim of F. Pastori. (All Districts)

C.11 AUTHORIZE filing of claims against PG&E, AUTHORIZE the County Administrator, or designee, to prepare and execute claims, and AUTHORIZE the County Counsel to take necessary actions in Bankruptcy Court or otherwise. (All Districts)

C.12 ADOPT Resolution No. 2001/431 proclaiming October 7 – 13, 2001 as "Mental Illness Awareness Week" in Contra Costa County, as recommended by Supervisor Gerber. (All Districts)

C.13 INTRODUCE ordinance to amend Contra Costa County Ordinance Code Section 33-5.393 to exclude the class of Assistant Retirement Administrator-Exempt from the Merit System; WAIVE reading and FIX October 2, 2001 for adoption.

C.14 DECLARE vacant the C3 Base Hospital seat previously held by Julie Reisetter on the Emergency Medical Care Committee and DIRECT the Clerk of the Board to post the vacancy, as recommended by the Health Services Director. (All Districts)

C.15 APPOINT Michael Levine as the District III Adult representative to the Countywide Youth Commission, as recommended by Supervisor Gerber. (District III)

C.16 REAPPOINT Margaret J. Copenhaver as the District II representative to the Assessment Appeals Board, as recommended by Supervisor Uilkema. (District II)

C.17 REAPPOINT Adele P. Laput to an At Large seat on the Arts and Culture Commission, as recommended by the Internal Operations Committee. (All Districts)

C.18 APPOINT Marie-Danielle Rekow, Corey Berla, Tiffany Dooley, Beth Dunn to At Large seats, and Chris P. Wall to the At Large Alternate seat on the Countywide Youth Commission, as recommended by the Internal Operations Committee. (All Districts)

C.19 APPOINT Bonnie K. Hillman to an At Large seat on the Alcohol and Other Drugs Advisory Board, as recommended by the Internal Operations Committee. (All Districts)

C.20 APPOINT David Johnson to a Consumer Under 60 seat on the In Home Supportive Services Public Authority Advisory Committee, as recommended by the Internal Operations Committee. (All Districts)

C.21 APPROVE adjustments to close out the 2000/2001 County Budget, APPROVE final adjustments to the 2001/2002 County Budget including appropriations, revenues, reserves and fund balances, and APPROVE adjustments to Departments for salary and benefits increases. (All Districts)

C.22 APPROVE adjustments to close out the 2000/2001 Special District Budget and APPROVE final adjustments to the 2001/2002 Special District Budget including appropriations, revenues, reserves and fund balances. (All Districts)

C.23 ADD two Fire Training Captain positions in the Contra Costa County Fire Protection District. (All Districts)

C.24 ADOPT Resolution No. 2001/432 adjusting the salary step placement of a certain Secretary Advanced Level position in the Clerk of the Board. (All Districts)

C.25 ESTABLISH the class of Property Tax Subdivision Specialist and ALLOCATE it to salary schedule; RECLASSIFY one Account Clerk-Experienced Level position to Property Tax Subdivision Specialist in the Treasurer-Tax Collector’s Department. (Collection Fees) (All Districts)

C.26 ADD one Graphic Designer position and CANCEL one Mailing Machine Operator position in the General Services Department. (Charges to User Departments) (All Districts)

C.27 ADD one Clerk-Experienced Level position in the Sheriff-Coroner’s Department. (Live Scan Agency/User Fees) (All Districts)

C.28 ADOPT Resolution Nos. 2001/433, 434, 435, 436, 437 fixing the employer’s contributions under the Public Employee’s Medical Hospital Care Act for members of the Deputy Sheriffs’ Association, District Attorney Investigators’ Association, United Professional Firefighters IAFF, Local 1230, United Professional Firefighters IAFF, Local 1230 of East Diablo Fire Protection District, and Uniformed, Unrepresented Fire Management Unit. (All Districts)

C.29 CANCEL one Home Health Nursing Supervisor position and ADD one Public Health Nurse Program Manager position in the Health Services Department. (Budgeted, cost savings) (All Districts)

C.30 ADD one Mental Health Clinical Specialist position in the Health Services Department. (Budgeted, eliminates temporary salary paid by Mental Health Realignment revenue) (All Districts)

C.31 RETITLE the class of Clinical Pharmacist to Clinical/Drug Information Coordinator in the Health Services Department. (No cost) (All Districts)

C.32 ADD one part time (20/40) Clerk–Experienced Level position in the Health Services Department. (Budgeted, State EPSDT and FFP Medi-Cal revenues) (All Districts)

C.33 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, and the Workforce Development Board to jointly submit the Workforce Investment Act Strategic Five-Year Local Plan, and the Second-Year Local Plan Modifications for Title I of the Workforce Investment Act of 1998 to the State of California Employment Development Department. (All Districts)

C.34 APPROVE and AUTHORIZE the Employment and Human Services Director to apply for and accept funding from the California Endowment, Communities First Program in the amount of $402,865 for a two-year period to develop community-driven, multicultural, multilingual responses to the problem of health care access for Southeast Asian elder communities. ($139,681 match is 100% State and Federal Funds) (District I)

C.35 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply for and accept funding from U.S. Department of Health and Human Services, Administration on Aging grant in the amount of $250,000 for Innovative Programs and Activities of National Significance under the National Family Caregiver Support Program for the period January 1 through December 31, 2002. (No county cost) (All Districts)

C.36 APPROVE and AUTHORIZE the Community Services Director, or designee, to execute a contract amendment with the California State Department of Community Services and Development to increase the reimbursable amount by $364,349 to a new maximum reimbursable amount of $728,698 and to extend the contract term from August 31, 2001 through November 30, 2001, to provide energy assistance for low income residents through the Low-Income Home Energy Assistance Program (LIHEAP). (No County Match Required) (All Districts)

C.37 APPROVE and AUTHORIZE the Health Services Director, or designee, to submit a funding application along with necessary certifications to the U. S. Department of Health and Human Services in the amount of $200,000 for the Runaway and Homeless Youth Grant and to execute a grant award contract for the fiscal year 2001 - 2002. (No County Match Required) (All Districts)

C.38 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Tri-County Extradition, Inc., in an amount not to exceed $120,000 to provide prisoner and fugitive transportation to Contra Costa County adult detention facilities for the period October 1, 2001 through September 30, 2003. (Budgeted) (All Districts)

C.39 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute contracts with the Center for Human Development, East Bay Perinatal Council, Pittsburg Preschool & Coordinating Council, STAND! Against Domestic Violence and YMCA of the East Bay totaling $684,000 for Family Preservation and Support Program services for the period September 1, 2001 through August 31, 2002. (100% State and Federal Funds, Budgeted) (Districts I, V)

C.40 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute contracts with the University of California, Davis in the amount of $213,400 for staff development training, for the period July 1, 2001 through June 30, 2002. (100% State and Federal Funds) (All Districts)

C.41 APPROVE and AUTHORIZE the Purchasing Services Manager to issue a purchase order to SBC DataComm in the amount of $105,478 for the purchase, installation, training and maintenance of Tandberg video conferencing equipment for the Department of Child Support Services. (State Funds, Budgeted) (All Districts)

C.42 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Meg Thayer, Ph.D., effective September 1, 2001, to increase the payment limit by $20,000 to a new payment limit of $40,000 for capacity evaluations and therapeutic counseling, through June 30, 2002. (100% State Funds) (All Districts)

C.43 APPROVE and AUTHORIZE the Deputy Director-Redevelopment to execute a contract with Goodwin Consulting Grove, Inc., to provide special tax consulting services for Contra Costa County Community Facilities District 2001-1 bonds (Norris Canyon Estates, San Ramon area). (District III)

C.44 APPROVE and AUTHORIZE the Community Services Director, or designee, to execute a contract amendment with Food Bank of Contra Costa and Solano to increase the payment limit by $19,080 to a new payment limit of $44,080 for nutritional food services for Contra Costa families through December 31, 2001. (State Community Services Block Grant funds) (All Districts)

C.45 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Diablo Valley AIDS Center, effective August 1, 2001, to increase the payment limit by $2,100 to a new payment limit of $173,260 for food services to persons with HIV disease and their families, through February 28, 2002. (Budgeted, 100% State and Federal revenues) (All Districts)

C.46 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Recovery Management Services, Inc., in an amount not to exceed $334,236 to provide continuing Transitional Residential Program services for the Conditional Release Program (CONREP), through June 30, 2002. (Budgeted, 100% State CONREP revenue) (All Districts)

C.47 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Sodexho-Marriott Management Services (dba Lohmar) in an amount not to exceed $1,850,000 to provide continuing linen rental management services for the Contra Costa Regional Medical Center and the Contra Costa Health Centers, through June 30, 2004. (Budgeted, Enterprise I Fund) (All Districts)

C.48 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Kevin Beadles, M.D., effective August 1, 2001, to increase the payment limit by $25,000 to a new payment limit of $711,753 to provide continuing ophthalmology services, through July 31, 2002. (Budgeted, Enterprise I Fund) (All Districts)

C.49 APPROVE and AUTHORIZE the Health Services Director, or designee to execute a contract amendment with Thuy-Trang Dang, M.D., effective October 1, 2001, to increase the payment limit by $10,284 to a new payment limit of $30,876 for additional inpatient consultative infectious disease services for patients at Contra Costa Regional Medical Center, through March 31, 2002. (Budgeted, Third party payments, Enterprise I Fund) (All Districts)

C.50 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Pharmaceutical Care Network (PCN), effective October 1, 2001, to modify the Service Plan to allow PCN to provide additional services in accordance with a revised rate schedule, through January 31, 2002. (Budgeted, Member Premiums, Enterprise II Fund) (All Districts)

C.51 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Eloine Chapman in an amount not to exceed $52,700 to provide continuing graphic art services for the Community Wellness and Prevention Program's Community Education and Information Project for the period October 1, 2001 through September 30, 2002. (Budgeted, 100% County Funded) (All Districts)

C.52 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Robert DeCesare in an amount not to exceed $110,591 to provide continuing consultation and technical assistance to the Department's Divisional Directors regarding third party compliance issues, through September 30, 2002. (Budgeted, Enterprise I Fund) (All Districts)

C.53 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Lincoln Child Center, effective August 15, 2001, to increase the payment limit by $216,000 to a new payment limit of $544,146 to provide additional school-based mental health services for severely emotionally disturbed students and their families. (Budgeted, 48% Federal, 45.4% State, 6.6% Mt. Diablo/Pittsburg Unified School Districts) (All Districts)

C.54 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Fernando Garcia (dba Life Saver Education) in an amount not to exceed $30,000 to provide CPR instruction courses for County-selected staff, through July 31, 2002. (Budgeted, Enterprise I Fund) (All Districts)

C.55 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Jon A. Green, M.D., in an amount not to exceed $30,876 to provide consultative infectious disease services at the Contra Costa Regional Medical Center, through August 1, 2002. (Budgeted, Patient Fees/Third Party Revenues) (All Districts)

C.56 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Thomas N. Paige, M.D., in an amount not to exceed $100,008 to provide professional services at the Contra Costa Regional Medical Center for the period October 1, 2001 through September 30, 2002. (Budgeted, Patient Fees/Third Party Revenues) (All Districts)

C.57 APPROVE and AUTHORIZE the General Services Director to execute a lease with The Centurian Group for the premises at 355 E. Leland Avenue, Pittsburg, California for occupancy by the Probation Department, and DETERMINE that the project is a California Environmental Quality Act (CEQA) Class 1a categorical exemption. (Budgeted) (District V)

C.58 APPROVE and AUTHORIZE the General Services Director to execute a lease with the Holmgren Partnership for the premises at 2355 Stanwell Circle, Concord, as requested by the Health Services Department. (Budgeted) (District IV)

C.59 APPROVE and AUTHORIZE the General Services Director to execute a lease with the U.S. Postal Service for parking at 815 Court Street, Martinez, as requested by Superior Court. (Budgeted) (All Districts)

C.60 APPROVE and AUTHORIZE the General Services Director to execute a lease with Gerald James Jeffry, Eugene H. Ross and Marjorie A. Ross for the premises at 900 Thompson Street, Martinez, as requested by the Sheriff-Coroner. (Budgeted) (All Districts)

C.61 APPROVE and AUTHORIZE the General Services Director to execute an option to extend the lease with the U.S. Postal Service for the premises at 815 Court Street, Martinez as requested by the Sheriff-Coroner. (Budgeted) (All Districts)

C.62 APPROVE and AUTHORIZE the General Services Director to execute an option to extend the lease with the U.S. Postal Service for the premises at 815 Court Street, Martinez as requested by Superior Court. (Budgeted) (All Districts)

C.63 APPROVE and AUTHORIZE the General Services Director to execute an option to extend the lease with Michael Scranton for 2450 Stanwell Drive, Suite 260, Concord, and approve a lease amendment to adjust the square footage and monthly rent, for continued use by the Community Services Department. (State and Federal Grant Funds, Budgeted) (District IV)

C.64 CONTINUE the emergency action originally taken by the Board on October 26, 1999 on the Emergency Upgrade of County Telecommunications Infrastructure. (All Districts)

C.65 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.66 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.67 ADOPT Resolution No. 2001/438 authorizing the County to dissolve the Contra Costa Education Center Authority created between the County and the Contra Costa Community College District in 1971 to finance the George Gordon Center located in downtown Martinez. (District II)

C.68 ACCEPT contract as complete for heating, ventilation, and air conditioning improvements at Orin Allen Youth Rehabilitation Facility, 4491 Bixler Road, Byron for Probation Department. (District III)

C.69 ADOPT Resolution No. 2001/439 ordering change in school district boundaries of the Mt. Diablo Unified School District and Lafayette School District/Acalanes Union High School District approved by the County Committee on School District Reorganization. (Districts II and IV)

C.70 ACCEPT the canvass of votes for the Contra Costa County Employees’ Retirement Association Election for General Member Number 2. (All Districts)

C.71 ADOPT Resolution No. 2001/440 conditionally providing for the issuance of revenue bonds to finance the acquisition/renovation of the Willow Brook Apartments, Bay Point with tax exempt bonds. (District V)

C.72 APPROVE and AUTHORIZE the Chair, Board of Supervisors, the Community Development Director, the Deputy Director-Redevelopment, or their designee, to submit the Consolidated Annual Performance and Evaluation Report (CAPER) for FY 2000/2001 to the U.S. Department of Housing and Urban Development, and to execute the appropriate transmittal documents. (All Districts)

C.73 AUTHORIZE the Auditor-Controller to transfer a total of $88,504 from specified Park Dedication Trust Fund accounts to Ambrose Recreation and Park District for the renovation of Ambrose Park and the Ambrose Community Center in the Bay Point area. (This action corrects a Board Order approved July 24, 2001 – item C.98) (District V)

C.74 APPROVE proposal to allow development (driveway improvements) within a scenic easement for a proposed residential development on a descriptive parcel consisting of a portion of Lot 6 of Subdivision 5156 (Alamo Ranch), located at #191 Alamo Ranch Road, in the Alamo area (Bianchini – Applicant & Owner). (APN 191-190-034) (District III)

C.75 ADOPT Resolution No. 2001/449 amending Resolution No. 2001/341, to allow the sale of both current interest and capital appreciation bonds, and authorizing the sale and issuance of General Obligation Bonds, Election of 1997, Series D, for Brentwood Union School District in an aggregate principal amount not to exceed $8,003,689 to finance the acquisition and improvement of real property acquisitions and improvements. (District III)

C.76 AUTHORIZE the Chair, Board of Supervisors, to sign a letter in support of the Pavon Creeks Restoration & Management Project being submitted to the Army Corps of Engineers by East Bay Municipal Utility District (EBMUD), as recommended by the Transportation, Water & Infrastructure Committee. (Road Funds) (District II)

C.77 ADOPT Resolution No. 2001/428, as amended by the Board on September 18, 2001, condemning the September 11, 2001 acts of terrorism against the United States.

C.78 ACCEPT report prepared by the General Services Department on the County's experience with clean air vehicles, ENDORSE the Bay Area Air Quality Management District's Model Clean Air Vehicle Ordinance and DIRECT the County Administrator to adapt its provisions into a County policy, and REQUEST the County Administrator and the General Services Director to explore the feasibility of improving our vehicle fueling infrastructure to support clean air vehicles in an efficient, cost-effective manner, as recommended by the Internal Operations Committee.

C.79 ACCEPT report prepared by the Employment and Human Services Department on the status of its Internal Security Plan to prevent welfare fraud, and DIRECT the Employment and Human Services Director to return to the Internal Operations Committee annually with a status report on the progress of the implementation of the Plan, as recommended by the Internal Operations Committee.

C.80 APPROVE and AUTHORIZE the Redevelopment Director, or designee, to execute a contract with the Mt. Diablo Unified School District for the provision and use of a modular classroom at Riverview Middle School for an after-school program, Bay Point. (District V)

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