CONTRA COSTA COUNTY BOARD OF
SUPERVISORS
Supervisors J. Gioia,
G. B. Uilkema, M. Greenberg, M. DeSaulnier, and F. D. Glover
Clerk of the Board,
John Sweeten (925 335-1900)
A G E N D A
TUESDAY, FEBRUARY 3,
2004
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____
10:00
A.M.
Convene and announce adjournment to Closed Session, Room 105.
There were no Closed Session
announcements.
10:30
A.M.
Call to order and opening ceremonies.
Inspirational
Thought - “Imagine what a harmonious world it
could be if every single person, both young and old, shared a little of what he
is good at doing.” ~Quincy Jones
CONSIDER CONSENT ITEMS - Approved except as listed..
HOUSING AUTHORITY CONSENT
ITEMS Approved as
listed.
HA.1
AWARD and AUTHORIZE the Housing Authority Executive Director to execute a
construction contract in the amount of $1,185,000 with Gansek, Inc., the lowest
responsive and responsible bidder for the Kidd Manor Comprehensive Modernization
Project, San Pablo area, and take related actions. (100% U. S. Department of Housing and
Urban Development funds; budgeted) (District I)
HA.2
APPROVE and AUTHORIZE the Housing Authority Executive Director to execute
a Grant of Easement to Comcast of Contra Costa, Inc., to provide cable
television service to DeAnza Gardens in Bay Point. (No financial impact) (District V)
10:35 A.M.
PRESENTATIONS Approved as
listed.
PR.1
PRESENTATION of Contra Costa Food Bank commendation and to adopt
Resolution No. 2004/49 memorializing the results of the Annual Food Drive and
award of the 2003 Challenge Cup.
(Supervisor Glover; Contra Costa Food Bank) (All
Districts)
PR.2
PRESENTATION announcing the Youth Summit to be held on March 20, 2004 at
Los Medanos College in Pittsburg by Countywide Youth Commission. (Marilyn Lewis, City of Pittsburg) (All
Districts)
PR.3
PRESENTATION to adopt Resolution No. 2004/27 recognizing and
congratulating Dan Pellegrini of the Public Works Department on the occasion of
his retirement after 38 years of County service, as recommended by the Public
Works Director. (Maurice Shiu,
Public Works Director) (All Districts)
11:00
A.M.
SHORT
DISCUSSION ITEMS - Approved as listed except as noted below:
SD.1
CONSIDER any Consent Items previously removed.
SD.2
HEARING on the appeal of Bobby and Dorothy Queens (Owners) from the
decision of the County Abatement Officer declaring a public nuisance on property
located at 161 Shore Road, Bay Point.
(Fred Wright, Building Inspection Department) (District V)
CLOSED the
Public Hearing; DENIED the appeal by Bobby and Dorothy Queens, on the Property
located at 161 Shore Road, Bay
Point; AFFIRMED the determinations of the County Abatement Officer and DIRECTED
the County Abatement Officer to proceed and perform the work of the abatement 30 days from the date of the
mailing.
SD.3
HEARING on annual street lighting charges for County Service Area L-100,
LP012142; TABULATE mailed–in ballots, DETERMINE whether a majority protest
exists, and CONSIDER adoption of Resolution No. 2004/59 determining charges,
confirming final report, approving annexation, and levying charges on the tax
roll, Alamo area. (Skip Epperly, Public Works Department) (District
III)
CLOSED the Public Hearing on
annual street lighting charges for County Service Area L-100, LP012142; TABULATE
mailed–in ballots, DETERMINED whether a majority protest exists, and ADOPTED
Resolution No. 2004/59 determining charges, confirming final report, approving
annexation, and levying charges on the tax roll, Alamo area.
SD.4
CONSIDER approving and adopting the countywide Capital Road Improvement
Program for fiscal years 2003/2004 through 2009/2010, as recommended by the
Transportation, Water and Infrastructure Committee. (Supervisor Gioia; Maurice Shiu, Public
Works Director) (All Districts)
APPROVED and ADOPTED the
countywide Capital Road Improvement Program for fiscal years 2003/2004 through
2009/2010, as recommended by the Transportation, Water and Infrastructure
Committee.
DELIBERATION
ITEMS – Approved as listed except as noted below:
D.1
PUBLIC COMMENT. (3 Minutes/Speaker) There were no speakers.
D.2 CONSIDER
positions on Proposition 55, The Kindergarten-University Public Education Bond
Act of 2004; Proposition 57, the California Economic Recovery Bond Act; and
Proposition 58, the California Balanced Budget Act. (John Sweeten, County Administrator)
(All Districts)
ADOPTED a position of support on Proposition 55, The
Kindergarten-University Public Education Bond Act of 2004; Proposition
57, the California
Economic Recovery Bond Act; and Proposition 58, the California Balanced Budget
Act.
Closed Session There
were no Closed Session announcements.
1:00
P.M.
D.3 HEARING on the
recommendation by the San Ramon Valley Regional Planning Commission to approve
the request of Gary Balsdon (Applicant) and Jeff Murdoch (Owner) to rezone 1.026
acres at 305 Miranda Lane in the Alamo area from General Agriculture (A-2) to
Single Family Residential R-20 District and to approve a vesting tentative map
to subdivide 1.026 acres into two parcels and a variance on Parcel “A” to allow
an average lot width of 102 feet where a minimum of 120 feet is required. (Catherine Kutsuris, Community
Development Department) (District III)
CLOSED
the public hearing; ADOPTED the Mitigated Negative Declaration and Mitigation
Monitoring Program prepared for this project as adequate for the purposes of
compliance with the California Environmental Quality Act; ADOPTED the
recommendation of the San Ramon
Valley Regional Planning Commission, as contained in Resolution No. 6- 2004, to
rezone a 1.026-acre parcel from General Agricultural (A-2) to Single Family
Residential (R-20); ADOPTED the finding contained in the San Ramon Valley
Regional Planning Commission
Resolution No. 6-2004 as the basis for the Board’s action; INTRODUCED Ordinance
2004-04 giving effect to the aforesaid rezoning; WAIVED reading and set February 10, 2004 for
adoption; DIRECTED the Community Development Department to post a Notice a
Determination with the County Clerk.
Contra Costa County Mayors’
Conference
February 5, 2004
6:30
p.m.
Union
Facility at I.B.E.W.
Local Union
302
1875 Arnold Drive
Martinez, 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 APPROVE Project
plans and specifications, AWARD and AUTHORIZE the Public Works Director, or
designee, to execute a contract in the amount of $1,964,533 to St. Francis
Electric, the lowest responsive and responsible bidder for the Parker Avenue
Utility Undergrounding project, Rodeo area, and take other related actions.
(35.1% Southwestern Bell Company Rule 32 Tariff Funds, 33% Pacific Gas and
Electric Rule 20 Utility Tariff Funds, 16.3% Comcast Utility Tariff Funds, and
15.6% Redevelopment Agency Funds) (District II)
C.2 ADOPT Traffic
Resolution No. 2004/4050 prohibiting parking between the hours of 12:00 a.m. and
5:00 a.m., on the east side of Berry Drive (Road No. 3975M) beginning at a point
700 feet north of the center line of Center Avenue and extending northerly to
the intersection of Mobile Drive a distance of 1,950 feet, and on both sides
beginning from the intersection of Mobile Drive and extending northerly to the
end distance of 300 feet, and rescinding existing Traffic Resolution No. 3974,
Pacheco area. (District IV)
Engineering
Services
C.3 MS 19-01: ADOPT
Resolution No. 2004/60 approving the parcel map for project being developed by
Warren J. Wilkie and Vilma L. Wilkie, Walnut Creek area. (District
III)
Special
Districts & County Airports
C.4 DETERMINE that
the Application of Algaecides to Flood Control Channels Project is a California
Environmental Quality Act Class 1 Categorical Exemption; and APPROVE the
Project, Concord, Pleasant Hill, and Walnut Creek areas, as recommended by the
Chief Engineer, Flood Control and Water Conservation District. (Zone 3B Funds)
(District III & IV)
RELISTED to an undetermined
date; Determine that the Application of Algaecides to Flood
Control Channels Project is a California Environmental Quality Act Class
1 Categorical
Exemption; and Approve the project, Concord, Pleasant Hill, and Walnut
Creek areas, as
recommended by the Chief Engineer, Flood Control and Water Conversation
District (Zone
3B Funds).
Statutory
Actions
C.5 APPROVE minutes
for the month of January.
C.6 DECLARE certain
ordinances duly published.
Claims,
Collections & Litigation
C.7 DENY claims of
Lamos W. Sturgis; Edward L. Turner; Shelly Newton; and Jeffrey G.
Nelson.
Hearing
Dates
C.8 FIX February 24,
2004 at 9:30 a.m. for a public hearing on the proposed increase of certain
forensic service fees and to set fees for new investigative services; and DIRECT
the Clerk of the Board to publish required notices pursuant to Government Code
6061, as recommended by the Sheriff-Coroner. (All Districts)
Honors &
Proclamations
C.9 ADOPT Resolution
No. 2004/23 proclaiming February 2004 as “Black History Month”, and February 3,
2004 as “Black Families Association of Central Contra Costa County Day” in
Contra Costa County, as recommended by Supervisor DeSaulnier. (All Districts)
Ordinances
C.10 INTRODUCE Ordinance No.
2004-03 to exclude the class of Executive Assistant to the County
Administrator-Exempt from the Merit System, WAIVE reading, and FIX February 10,
2004 for adoption. (All Districts)
Appointments
& Resignations
C.11
MOVE Randall Nahas to the Appointee 3 seat on County Service Area R-7A
Citizens Advisory Committee, DECLARE vacant the Alternate 1 seat and DIRECT the
Clerk of the Board to post the vacancy, as recommended by Supervisor
Greenberg. (District
III)
C.12
ACCEPT resignations of Tom Kilpatrick and Jack Welsh from the Workforce
Development Board, DECLARE vacant the Business 9 and Business 15 seats, and
DIRECT the Clerk of the Board to post the vacancies, as recommended by the
Workforce Development Board. (All
Districts)
Intergovernmental Relations
C.13
SUPPORT the Town of Danville’s request to the Contra Costa Transportation
Authority (CCTA) to reprogram
$300,000 of Measure C funds from the Stone Valley Road Circulation Improvements
Project to the Camino Tassajara
Circulation Improvements Project, Alamo/Danville area. (No County fiscal impact) (District
III)
C.14
AFFIRM SUPPORT for Assembly Constitutional Amendment 10, which would
exempt fees or charges for “stormwater and urban runoff management” from
Proposition 218 ballot provisions, and AUTHORIZE the Chair, Board of
Supervisors, to execute a letter to Assemblymember Tom Harman, author of ACA 10,
affirming the Board of Supervisors support, as recommended by the
Transportation, Water and Infrastructure Committee. (All Districts)
C.15
AUTHORIZE the Chair, Board of Supervisors, to execute a letter to
Senators Dianne Feinstein and Barbara Boxer expressing concerns on HR6, an
energy bill that would provide “safe harbor” to gasoline producers for claims
against their use of MTBE (Methyl Tertiary Butyl Ether), as recommended by the
Transportation, Water and Infrastructure Committee. (All Districts)
C.16
SUPPORT federal Senate Bill 1664, the Pesticide Registration Improvement
Act of 2003, and AUTHORIZE the Chair, Board of Supervisors, to execute a letter
of support to Senators Dianne Feinstein and Barbara Boxer, as recommended by the
Transportation, Water and Infrastructure Committee. (All Districts)
Personnel
Actions
C.17
ESTABLISH the class of Executive Assistant to the County
Administrator-Exempt, ALLOCATE it to the Salary Schedule, and ADD one position
in the County Administrator’s Office.
(Cost to be offset by position cancellation, upon vacancy) (All
Districts)
C.18
ADD one One Stop Career Center Case Manager position in the Employment
and Human Services Department.
(Budgeted, 100% Federal)
(All Districts)
C.19
INCREASE the hours of one part time Clerk-Experienced Level position from
24/40 to 28/40 in the Health Services Department. (Budgeted, FQHC Revenue) (All Districts)
C.20
ADD one Clerk-Senior Level position, and CANCEL one Intermittent Typist
Clerk-Project position in the Health Services Department. (Budgeted, Enterprise I: 13.5% County,
86.5% Patient/Third Party Revenues)
(All Districts)
C.21
ADD one Utilization Review Coordinator position in the Health Services
Department. (Cost to be offset by
cancellation of Registered Nurse-Project position) (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.22 APPROVE and AUTHORIZE the
Community Development Director, or designee, to execute the standard agreement
provided by the State Water Resources Control Board to accept and administer a
Proposition 13 grant in an amount not to exceed $250,000 to implement the Contra
Costa Citizen Watershed Monitoring/Assessment Program for the period January 15,
2004 through March 31, 2006. (No
County match) (All Districts)
C.23
APPROVE and AUTHORIZE the County Administrator, or designee, to submit an
application on behalf of the County’s Zero Tolerance for Domestic Violence
Initiative to the Department of Justice Office on Violence Against Women for the
“Grants to Encourage Arrest Policies and Enforcement of Protection Orders
Program” in an amount not to exceed $2,000,000 for activities to combat domestic
violence. (No County Match) (All
Districts)
C.24 APPROVE and AUTHORIZE the
Community Development Director to execute a service agreement with the Contra
Costa County Redevelopment Agency to provide the Redevelopment Agency with staff
and administrative support for fiscal year 2003/2004. (No additional County cost) (All
Districts) (See C.43)
C.25 APPROVE and AUTHORIZE the
Public Works Director to submit the 2005 California Office of Traffic Safety
(OTS) grant application to OTS in the amount of $200,000 for a project to calm
traffic on Vasco Road and surrounding streets, Brentwood area. (No impact to the General Fund)
(District III)
C.26 APPROVE and AUTHORIZE the
Public Works Director to accept the National Association of County Engineers
(NACE)/3m Transportation Safety Initiative Grant in the amount of $10,000, to
provide installation of active feedback signs on Vasco Road, Brentwood area. (No
impact to the General Fund) (District III)
APPROVE and
AUTHORIZE execution of agreements between the County and the following parties
as noted for the purchase of equipment and/or services:
C.27
APPROVE and AUTHORIZE the County Probation Officer to execute a contract
with Solano County in the amount of $3,500 per month per ward for the placement
of wards at the Fouts Springs Youth Facility for the period February 1 through
September 30, 2004. (Budgeted) (All
Districts)
C.28
APPROVE and AUTHORIZE the County Administrator, or designee, to execute a
contract with Applied Survey Research, Inc. (ASR), in an amount not to exceed
$40,000 for evaluation of the Zero Tolerance for Domestic Violence Initiative,
for the period January 15, 2004 through January 14, 2005. (100% special filing fees on certain
vital records.) (All Districts)
C.29
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute
a contract with DaRold Designs in the amount of $48,151 for graphic design
assistance related to the grant-funded Contra Costa County Marina Program for
the period February 1, 2004 through June 30, 2006, Countywide. (95% CALFED/SWRCB
Proposition 13 Grant Funds & 5% County Watershed Program Funds) (All
Districts)
C.30
APPROVE and AUTHORIZE the Health Services Director, or designee, to
execute a contract with Scott T. Anderson, M.D., in an amount not to exceed
$55,000 to provide professional rheumatology services to patients at Contra
Costa Regional Medical Center and Contra Costa Health Centers for the period
January 20, 2004 through January 31, 2005.
(Budgeted, Enterprise I: 13.5% County, 86.5% Patient/Third Party
Revenues) (All
Districts)
C.31
CORRECT Board action of December 2, 2003 (C.130), and AUTHORIZE the
Health Services Director, or designee, to execute a contract with East Bay
Neonatology, Inc., to continue to provide neonatology services at Contra Costa
Regional Medical Center for the period January 1, 2004 through December 31, 2006
instead of January 1, 2004 through December 31, 2007. (Budgeted, Enterprise I: 15.8% County,
84.2% Patient/Third Party Revenues)
(All Districts)
C.32
APPROVE and AUTHORIZE the General Services Director, or designee, to
execute a consulting services agreement with Kate Keating Associates, Inc., in
the amount of $48,000 to provide design and construction administration services
for the Countywide Standard Signage Program for the County Administrator's
Office. (Budgeted—Plant
Acquisition) (All Districts)
RELISTED to an undertemined
date; Consideration to Approve and Authorize the General Services Director, or
designee, to execute a consulting services agreement with Kate Keating
Associates, Inc., in the amount of $48,000 to provide design and construction
administration services for the
Countywide Standard Signage Program for the County Administrator’s
Office.
Other Actions
C.33
AUTHORIZE a proposed vacation of development rights that have been
dedicated to the County (“scenic easement”) for a portion of common open space
within the Stonebridge Estates project to the owners of an adjoining residential
lot (James and Kimberly Butts), as part of a larger proposal to allow for an
expanded private lot for residential uses at #200 Bridges Court, Alamo
area. (District
III)
C.34
APPROVE allocation of $30,000 in Park Dedication funds for the Crockett
Community Center/Alexander Park Renovation Project; and upon written instruction
of the Deputy Director-Redevelopment, or designee, AUTHORIZE the
Auditor-Controller to issue a warrant in the amount of $30,000 to the Crockett
Recreation Association, as recommended by the Community Development
Director. (District
II)
C.35
To fulfill the compliance requirements of the Growth Management and
Improvement Program for Measure C-1988:
FIND the County’s policies and programs in compliance with the Contra
Costa Transportation Improvement and Growth Management Program; APPROVE the
Biennial Compliance Checklist; and AUTHORIZE the Chair, Board of Supervisors, to
sign the Checklist, as recommended by the Community Development Director. (All Districts)
C.36
DECLARE as surplus and AUTHORIZE the Purchasing Agent, or designee, to
dispose of specified vehicles and/or equipment no longer needed for public
use. (All
Districts)
C.37
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to purchase one
vehicle for the Building Inspection Department for a new field staff
position. (Permit fees, budgeted)
(All Districts)
C.38
CONTINUE the emergency action originally taken by the Board of
Supervisors on August 5, 2003, regarding the repair of the Asbury Graphite
Wastewater System as recommended by the Public Works Director, Hercules area.
(Contra Costa Transportation Authority Funds) (District
II)
C.39
CONTINUE the emergency action originally taken by the Board of
Supervisors on November 16, 1999 regarding the issue of homelessness in Contra
Costa County, as recommended by the Health Services Director. (All Districts)
C.40
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, as recommended by the Health Services Director. (All Districts)
C.41
CONTINUE the emergency action originally taken by the Board of
Supervisors on November 18, 2003 on the Juvenile Hall Addition Project, as
recommended by the County Administrator.
(All Districts)
C.42
ADOPT Resolution No. 2004/57 approving appointment of individuals, as
specified, to the Democratic and Republican County Central Committees in lieu of
election for the March 2, 2004 Primary Election. (All Districts)
Redevelopment
Agency
C.43
APPROVE and AUTHORIZE the Redevelopment Director to execute a service
agreement with the County of Contra Costa for staff and administrative support
for fiscal year 2003/2004. (No
additional cost) (All Districts) (See C.24)
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 Mark
DeSaulnier and John Gioia) - meets on the second and fourth Mondays of the month
at 2:00 P.M. in Room 105, County Administration Building, 651 Pine
Street, Martinez.
The
Finance Committee
(Supervisors John Gioia and Millie Greenberg) - meets on the second and fourth
Mondays of the month at 11:30 A.M. in Room 108, County Administration Building,
651 Pine Street, Martinez.
The
Internal Operations
Committee (Supervisors
Gayle B. Uilkema and Mark DeSaulnier) - meets
on the first and third Mondays of the month
at 9:00 A.M. in Room 105, County
Administration Building, 651 Pine Street, Martinez.
The
Transportation, Water &
Infrastructure Committee (Supervisors Millie Greenberg and Gayle
B. Uilkema) - meets on the second Monday of the month at 1:30 P.M. in Room
108, County
Administration Building, 651 Pine Street, Martinez.
Family
& Human Services Committee |
2-09-04
|
Cancelled
|
See
above |
Finance
Committee |
2-09-04 |
Cancelled |
See
above |
Transportation,
Water & Infrastructure Committee |
2-09-04 |
1:30 P.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.
Supplemental 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,
February 3, 2004, 9:30 a.m. and thereafter
Board
Chambers Room 107 and Room 105
Administration
Building,
651 Pine
Street, Martinez, California
A.
CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Gov. Code, §
54956.9(a))
1.
Nancy
Brewster v. County of Contra Costa, C.C.C. Superior Court No. C
03-00312
2.
Demetria
Kaeintz v.
Contra Costa County, W.C.A.B. No. WCK 34102
B.
CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to
Gov. Code, § 54956.9(c): One
potential case