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CONTRA COSTA COUNTY BOARD OF SUPERVISORS

Supervisors J. Gioia, G. B. Uilkema, (Vacant), M. DeSaulnier, and F. D. Glover

Clerk of the Board, John Sweeten (925 335-1900)

A G E N D A

TUESDAY MARCH 4, 2003

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____

9:30 A.M. Convene, call to order and opening ceremonies.

There were no Closed Session announcements

Inspirational Thought - “How wonderful it is that nobody need wait a single moment before starting to improve the world.” ~Anne Frank

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

Approved as listed except as noted: C.53

HOUSING AUTHORITY CONSENT ITEMS Approved as listed.

HA.1 APPROVE set-aside of $10,000 for the 2003 College Scholarship Award Program from Housing Authority Local Management funds, as recommended by the Advisory Housing Commission.

9:35 A.M.

PRESENTATIONS Approved as listed

PR.1 PRESENTATION of 25-Year Service Award to Michael Angelo Silva of the Building Inspection Department. (Carlos Baltodano, Building Inspection Director) (All Districts)

URGENCY ITEMS: By unanimous vote, with all Supervisors present, the following Urgency Items were added:

U.1 ADOPTED Resolution No. 2003/165, honoring Kay Aaker as the 2003 Orinda Citizen of the Year.

9:45 A.M.

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

: Approved as listed except as noted

SD.1 CONSIDER any Consent Items previously removed.

SD.2 CONSIDER authorizing the Chair, Board of Supervisors, to sign a letter responding to Contra Costa Transportation Authority’s (CCTA)’s request that the County participate financially in a study of paratransit issues in Contra Costa County, and providing comment on the study, as recommended by the Transportation, Water & Infrastructure Committee. (Supervisor Gioia) (All Districts)

SD.3 CONSIDER authorizing a General Plan Amendment Study and Precise Alignment Study for Byron Airport Access Road. (Patrick Roche, Community Development Department) (District III)

SD.4 HEARING on the appeal of Marc G. Hynes (Owner) from the decision of the County Abatement Officer declaring a public nuisance on property located at 3010 Willow Road, Bethel Island. (Joe Losado, Building Inspection Department) (District V)

CORRECTED TO READ: CLOSED the public hearing; DENIED the appeal by Marc G. Hynes, Attorney on behalf of Preston M. and Lois A. Avery (Owners), 3010 Willow Road, Bethel Island; AFFIRMED the determinations of the County Abatement Officer; and DIRECTED the County Abatement Officer to proceed and perform the work of abatement after 90 days if owners are not in compliance.

SD.5 CONSIDER adopting Resolution No. 2003/49 to consummate the purchase of real property identified as 1872 Little John Way; accepting the Grant Deed from Martin and Maria G. Santoyo; authorizing the Auditor-Controller to issue a check in the amount of $163,180 payable to Old Republic Title Company for property rights in connection with the County Affordable Housing Program; and determining that the proposed acquisition is exempt from the California Environmental Quality Act under CEQA guidelines Section 15061 (b) (3), Brentwood area. (Affordable Housing Special Revenue Fund 196314) (Maurice Shiu, Public Works Director) (District III)

ADOPTED Resolution No. 2003/49 to consummate the purchase of real property identified as 1872Little John Way; ACCEPTED the Grant Deed from Martin and Maria G. Santoyo; AUTHORIZED the Auditor-Controller to issue a check in the amount of $163,180 payable to Old Republic Title Company for property rights in connection with the County Affordable Housing Program; DETERMINED that the proposed acquisition is exempt from the California Environmental Quality Act under CEQA guidelines Section 15061 (b) (3).

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

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

Rollie Katz, Public Employees Local One, P.O. Box 222, Martinez, regarding (1) the County Budget; (2) efforts on voluntary time off; and (3) hire contractors vs County personnel.

Closed Session

Adjourn to Mayors’ Conference

March 6, 2003 6:30 p.m.

Lafayette Park Hotel

3287 Mt. Diablo Blvd. Lafayette, 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 ADOPT Resolution No. 2003/101 approving and authorizing the conveyance of County interest in real property to E. S. Bertagnolli and Geraldine F. Bertagnolli, pursuant to state law; and authorizing the Chair, Board of Supervisors, to execute a Quitclaim Deed in connection with the State Route 4/Bailey Road Interchange Project, Pittsburg area. (No funding involved) (District V)

C.2 ADOPT Resolution No. 2003/103 approving the vacation of an excess right-of-way of Medanos Avenue and Pueblo Avenue for a redevelopment project requested by the Contra Costa County Housing Authority, Bay Point area. (No funds involved) (District V)

Engineering Services

C.3 MS 11-98: ADOPT Resolution No. 2003/104 accepting completion of private improvements for Brodia Way for project being developed by Steven J. Wuthrich and Patricia M. Wuthrich, Walnut Creek area. (District III)

C.4 RA 1080: ADOPT Resolution No. 2003/105 accepting the Release of Drainage Improvement Agreement for Bixler Road for project being developed by Talisman Realty Group, Inc., Byron area. (District III)

C.5 SUB 8058: ADOPT Resolution No. 2003/149 accepting completion of improvements, amending the Subdivision Agreement and declaring certain roads as county roads (Las Juntas Way and Cherry Lane) for project being developed by Essex Portfolio, LP, Pleasant Hill area. (District IV)

C.6 SUB 8563: ADOPT Resolution No. 2003/150 approving the Subdivision Agreement (Right-of-Way Landscaping) for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., San Ramon area. (District III)

C.7 SUB 8563: ADOPT Resolution No. 2003/151 approving the Final Map and Subdivision Agreement for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., San Ramon area. (District III)

C.8 SUB 8564: ADOPT Resolution No. 2003/152 approving the Final Map and Subdivision Agreement for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., San Ramon area. (District III)

C.9 SUB 8564: ADOPT Resolution No. 2003/153 approving the Subdivision Agreement (Right-of-Way Landscaping) for project being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., San Ramon area. (District III)

Special Districts & County Airports

C.10 APPROVE and AUTHORIZE the Fire Chief, Contra Costa County Fire Protection District to execute a contract with Elite Backgrounds, Inc., in an amount not to exceed $180,000 to provide pre-employment background investigation services for the period March 5, 2003 to June 30, 2004. (Budgeted) (All Districts)

C.11 APPROVE and AUTHORIZE the Public Works Director, or designee, to solicit, select, and
negotiate long term leases for facilities located at 6900 Falcon Way and 505 Eagle Court at the Byron Airport, Byron area. (Airport Enterprise Fund Revenue) (District III)

C.12 ADOPT Resolution No. 2003/154 approving the sale of a Contra Costa County Flood Control & Water Conservation District’s surplus real property located near Spyglass Drive on Monterey Court for $100,000; authorizing the Chair, Board of Supervisors, to execute the Option Agreement and Grant Deed to California Sun-Brentwood, LLC; and determining that the activity is exempt from the requirements of the California Environmental Quality Act as a Class 12 Categorical Exemption under County guidelines and Section 15312 of the State CEQA Guidelines Brentwood area. (Revenue $100,000) (District III)

C.13 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Blankinship and Associates, Inc., effective March 4, 2003, to increase the payment limit by $63,000 to a new payment limit of $120,000 for amended scope of services for the Aquatic Pesticides National Pollutant Discharge Elimination System (NPDES) Monitoring Project, Countywide. (County Stormwater Fee Funds) (All Districts)

Statutory Actions

C.14 APPROVE minutes for the month of February.

C.15 DECLARE certain ordinances duly published.

Claims, Collections & Litigation

C.16 DENY claims of Maria Christina Alvarez; Patricia Griffin; Nance Rogers; and Cynthia Walker.

C.17 AUTHORIZE and DIRECT the County Counsel to initiate legal action against specified individuals to recover monies owed for outstanding debts and costs of suit, as recommended by the Office of Revenue Collection Director. (All Districts)

Honors & Proclamations

C.18 ADOPT Resolution Nos. 2003/110 and 2003/111 honoring Teresa Meneghelli and Donald A. Righter, who will be presented with the 2003 Don Bosco Service Award on March 6, 2003, as recommended by Supervisor Gioia. (District I)

C.19 ADOPT Resolution No. 2003/155 honoring Doris Denson-Belcher on being selected the first African American Chair of the Contra Costa Commission For Women, as recommended by Supervisor Gioia. (District I)

Ordinances

C.20 ADOPT Ordinance No. 2003-09, introduced February 25, 2003, to make compliance with state and federal laws relating to firearms safety devices a condition of approval for a firearms dealer license. (All Districts)

Appointments & Resignations

C.21 DECLARE the Contra Costa Airports Business Association seat on the Aviation Advisory Committee vacant due to the death of long-time member Frank Bell, and DIRECT the Clerk of the Board to post the vacancy, as recommended by the Contra Costa Airports Business Association. (District IV)

Appropriation Adjustments - 2002/2003 FY

C.22 Public Works-Road Maintenance (0672): AUTHORIZE new revenue in the amount of $37,912 from accumulated depreciation and estimated salvage from equipment and APPROPRIATE to Road Maintenance to replace heavy construction equipment on the Master Vehicle Replacement List. (All Districts)

C.23 Health Services (0466)/Plant Acquisition (0111): AUTHORIZE transfer of appropriations in the amount of $70,000 from Health Services Alcohol & Other Drugs to Public Works Plant Acquisition for property at 4645 Pacheco Boulevard in connection with Discovery House Expansion Project.

C.24 Plant Acquisition (0111): AUTHORIZE additional revenue in the amount of $19,166 from rebates for installation of photovoltaic solar panels and APPROPRIATE towards emergency HVAC (heating, ventilation, and air conditioning) repairs. (All Districts)

C.25 Plant Acquisition (0111): AUTHORIZE additional revenue in the amount of $25,000 from 2002 Series A Lease Revenue Bonds interest earnings and APPROPRIATE towards energy efficiency improvements at 3811 Bissell Ave., Richmond, for the Public Defender’s office. (District I)

Personnel Actions

C.26 CANCEL one Probation Supervisor I position, and three Deputy Probation Officer III positions in the Probation Department. (Cost Savings/Challenge II) (All Districts)

C.27 INCREASE the hours of two Registered Nurse–Experienced Level positions to full time: one from part time (30/40) and one from part time (32/40); two Registered Nurse–Advanced Level positions to full time: one from part time (30/40) and one from part time (32/40); and two Family Nurse Practitioner positions: one from part time (20/40) to part time (38/40) and one from part time (20/40) to part time (28/40) in the Health Services Department. (Cost Neutral) (All Districts)

Grants & Contracts

APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of funds and/or services:

C.28 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to accept funds from the Contra Costa Housing Authority in an amount not to exceed $24,000 for a Housing Assistance Pilot Project for the period October 1, 2002 through June 30, 2003. (No County Match) (All Districts)

C.29 APPROVE and AUTHORIZE the Community Services Director, or designee, to accept a grant award from the U.S. Department of Health and Human Services Administration for Children and Families in the amount of $354,295 for Early Head Start Program services for the period January 1 through September 29, 2003. (20% in-kind, non-cash match) (All Districts)

C.30 APPROVE and AUTHORIZE the Community Services Director, or designee, to accept a grant award from the U.S. Department of Health and Human Services Administration for Children and Families in the amount of $3,907,430 for Head Start Program services for the period January 1 through December 31, 2003. (20% in-kind, non-cash match) (All Districts)

C.31 APPROVE and AUTHORIZE the Community Services Director, or designee, to execute a contract amendment with the California Department of Education for an inflation adjustment in the amount of $6,621 for a new reimbursable amount of $337,634 for full-day State Preschool Wrap Around Program services through June 30, 2003. (No County Match) (All Districts)

APPROVE and AUTHORIZE execution of agreements between the County and the following parties as noted for the purchase of equipment and/or services:

C.32 APPROVE and AUTHORIZE the Risk Manager to execute a contract amendment with Ah Hing to increase the payment limit by $8,800 to a new payment limit of $108,800 for additional risk management consulting services with no change in the term. (Self-Insurance Trust Funds) (All Districts)

C.33 APPROVE and AUTHORIZE the Child Support Services Director, or designee, to execute a contract amendment with Print N Mail, Inc., to increase the payment limit by $90,000 to a new payment limit of $230,000 to provide additional specialized mailing services through June 30, 2003. (State Funds – Budgeted) (All Districts)

C.34 APPROVE and AUTHORIZE the Child Support Services Director, or designee, to execute a contract with Specialized Litigation Services, Inc., in the amount of $145,000 for legal process services for the period April 1, 2003, through March 31, 2004. (State Funds – Budgeted) (All Districts)

C.35 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, on behalf of the Workforce Development Board, to execute contracts with the following individuals for a total amount not to exceed $165,000 for services as Youth Development Services Case Managers at the One-Stop Career Centers for the period March 5, 2003 through March 4, 2004. (Budgeted, 100% Federal Workforce Investment Act) (All Districts)

Name Contract Amount

Shirley A. Viceral $55,000

Danny Fleming $55,000

Deidra Lynette Carlyle $55,000

C.36 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with the City of Richmond in an amount not to exceed $47,500 to provide a Mentoring Project for eligible youth ages 14-18 years for the period January 1 through December 31, 2003. (Budgeted, 100% Federal TANF Funds) (District I)

C.37 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Pittsburg Preschool and Community Council, Inc., in an amount not to exceed $175,872 to continue to provide case management, benefits counseling, and non-emergency transportation support services for County residents with HIV for the period March 1, 2003 through February 29, 2004. (Budgeted, 100% Federal Ryan White CARE Act) (All Districts)

C.38 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Desarrollo Familiar, Inc., in an amount not to exceed $177,108 to continue to provide case management and referral services to West Contra Costa County residents with HIV for the period March 1, 2003 through February 29, 2004. (Budgeted, 100% Federal Ryan White CARE Act) (Districts I and II)

C.39 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with AIDS Community Network, Inc., in an amount not to exceed $166,032 to continue to provide health and support services for County residents with HIV for the period March 1, 2003 through February 29, 2004. (Budgeted, 100% Federal Ryan White CARE Act) (All Districts)

C.40 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Catholic Charities of the East Bay, Inc., in an amount not to exceed $45,000 to continue to provide housing advocacy services for people with HIV, for the period March 1, 2003 through February 29, 2004. (Budgeted, 100% Federal Department of Housing and Urban Development) (All Districts)

C.41 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Diablo Valley AIDS Center, Inc., in an amount not to exceed $174,104 to continue to provide coordination of food services for persons with HIV and their families for the period March 1, 2003 through February 29, 2004. (Budgeted, 100% Federal Ryan White CARE Act) (All Districts)

C.42 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with New Connections, Inc., in an amount not to exceed $272,340 to continue to provide substance abuse counseling, advocacy, referral and placement services for County residents with HIV for the period March 1, 2003 through February 29, 2004. (Budgeted, 100% Federal Ryan White CARE Act) (All Districts)

C.43 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Shelter, Inc., in an amount not to exceed $45,000 to continue to provide housing advocacy, referral and placement services for people with HIV for the period March 1, 2003 through February 29, 2004. (Budgeted, 100% Federal Department of Housing and Urban Development) (All Districts)

C.44 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with The Hawkins Center, Inc., in an amount not to exceed $63,900 to continue to provide client advocacy and legal services for County residents with HIV for the period March 1, 2003 through February 29, 2004. (Budgeted, 100% Federal Ryan White CARE Act) (All Districts)

C.45 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Dana Harvey, effective March 1, 2003, to extend the term through April 30, 2003 and to increase the payment limit by $500 to a new payment limit of $31,700, to provide consultation and technical assistance with the Environmental Justice Policy. (Budgeted, Facility Fees Offset) (All Districts)

C.46 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Opportunity West, Inc., effective February 1, 2003, to increase the payment limit by $224,963 to a new payment limit of $356,963 to provide additional services in the form of a new transitional housing program for homeless youth, through September 29, 2003. (Budgeted, 100% Federal Health and Human Services Grant for Homeless and Runaway Youth) (All Districts)

C.47 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute contract amendment with the U.S. Department of Veterans Affairs Northern California Health Care System, effective January 2, 2003, to change the fee schedule to allow for a failed test procedure in the event that a test is not completed, with no change in the term of January 1, 2000 through September 30, 2003. (Budgeted, Enterprise I: 17.6% County, 82.4% Third Party Revenues) (All Districts)

C.48 APPROVE and AUTHORIZE the Public Works Director to submit an application to the State Water Resources Control Board for a water quality grant made available through the passage of the Costa-Machado Water Act of 2000 (Proposition 13). (No impact to the County General Fund) (All Districts)

Leases

C.49 EXERCISE the third and final option for a one-year extension of lease with Dolan Foster Enterprises, Inc. in the monthly amount of $1,480 for the period April 1, 2003 through March 31, 2004, and APPROVE the third extension of a sublease with Pre-School Coordinating Council for the same period for the premises at 2711 A&B Willow Pass Road, Bay Point, for continued operation of the Family Preservation Program. (Budgeted & Revenue lease) (District V)

C.50 APPROVE and AUTHORIZE the General Services Director, or designee, to execute a lease amendment with Thomas E. Stewart for a 19-month period commencing March 1, 2003 for additional office space at 816 Main Street, Martinez, as requested by the Clerk-Recorder. (Net estimated savings of $26,400) (District II)

Other Actions

C.51 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a hold harmless agreement indemnifying the Antioch Unified School District for the use of the multi-purpose room located at 4325 Spaulding Street, Antioch, on Monday, March 10, 2003. (District V)

C.52 ACKNOWLEDGE receipt of the Treasurer’s Reconciliation Reports as of December 31, 2002 and January 31, 2003, as requested by the 1992 Audit Management Letter of December 30, 1992 from KPMG Peat Marwick. (All Districts)

C.53 ACKNOWLEDGE receipt of the Auditor-Controller’s January 2003 Supplemental Law Enforcement Services Fund (SLESF) activity reports. (All Districts)

ACKNOWLEDGED receipt of the Auditor-Controller’s January 2003 Supplemental Law Enforcement Services Fund (SLESF) activity reports. (AYES: I,V, and IV; NOES: None; ABSENT: None; ABSTAIN: II)

C.54 APPROVE amendments to the Conflict of Interest Code for the General Services Department.

C.55 APPROVE recommendations of the Finance and Internal Operations Committees regarding the Health Services Department’s responses to the audits conducted by the Lewin Group, Pacific Health Consulting Group, Toyon Associates, Inc., and the Auditor’s Office. (All Districts)

C.56 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, on behalf of the Workforce Development Board, to issue a request for proposals for in-school youth services, out-of-school youth services and follow-up services, in an amount not to exceed $1,100,000 for the period July 1, 2003 through June 30, 2004. (Budgeted, 100% Federal Workforce Investment Act) (All Districts)

Redevelopment Agency

C.57 APPROVE and AUTHORIE the Redevelopment Director, or designee, to execute a contract amendment with Macias Gini & Company, to increase the payment limit by $20,000 to a new payment limit of $69,000 for technical assistance in the accounting and financial management functions of the Redevelopment Agency through June 30, 2003. (All Districts)

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 persons with disabilities planning to attend Board meetings who contact the Clerk of the Board at least 24 hours before the meeting, 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 Federal D. Glover and John Gioia) - meets on the first and third Mondays of the month at 11:00 A.M. in Room 108, County Administration Building, 651 Pine Street, Martinez.

The Finance Committee (District III Supervisor and Supervisor Gayle B. Uilkema) - meets on the second and fourth Mondays of the month at 10:30 A.M. in Room 108, County Administration Building, 651 Pine Street, Martinez.

The Internal Operations Committee (Supervisors Gayle B. Uilkema and Federal D. Glover) - meets on the first and third Mondays of the month at 9:30 A.M. in Room 105, County Administration Building, 651 Pine Street, Martinez.

The Transportation, Water & Infrastructure Committee (Supervisor John Gioia and District III Supervisor ) - meets on the first Monday of the month at 9:00 A.M. in Room 108, County Administration Building, 651 Pine Street, Martinez.

Finance Committee

03-10-03

10:30 a.m.

See above