CONTRA COSTA COUNTY BOARD OF
SUPERVISORS
Supervisors J. Gioia,
G. B. Uilkema, M. N. Piepho, M. DeSaulnier, and F. D. Glover
Clerk of the Board,
John Sweeten (925 335-1900)
A G E N D A
TUESDAY JULY 19, 2005
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.
10:00
A.M.
Convene and announce adjournment to Closed Session, Room 101.
There were no
Closed Session announcements.
10:30
A.M.
Call to order and opening ceremonies.
Inspirational
Thought - “When I despair, I remember that all
through history the way of truth and love has always won. There have been tyrants and murderers
and for a time they seem invincible, but in the end, they always fall – think of
it, ALWAYS.” ~Mohandas K. Gandhi
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 APPROVE and AUTHORIZE the
Housing Authority Executive Director to execute a contract with the East County
Boys and Girls Club in an amount not to exceed $25,000 to provide after school
youth activities for the El Pueblo housing development for the period July 1,
2005 through June 30, 2006.
(Housing Authority funds; Budgeted) (District V)
SHORT
DISCUSSION ITEMS - The Board will consider and take action on the following
items:
Approved as listed except as noted below:
SD.1
CONSIDER any Consent Items previously removed.
SD.2
HEARING to adopt Resolution No. 2005/430
confirming the Final Engineer’s Report, diagram, and assessments for Countywide
Landscape District AD 1979-3 (LL-2) and authorizing the levy of annual
assessments to be placed on the tax rolls for Fiscal Year 2005/2006, Countywide.
(Countywide Landscape District AD 1979-3
(LL-2) Funds)(Eileen Doten, Public Works Department) (All
Districts)
CLOSED the public hearing; and
ADOPTED Resolution No. 2005/430 confirming the Final Engineer’s Report, diagram,
and assessments for Countywide Landscape District AD 1979-3 (LL-2) and
authorizing the levy of annual assessments to be placed on the tax rolls for
Fiscal Year 2005/2006, Countywide.
SD.3 As the Wendt Ranch Geologic
Hazard Abatement District Board of Directors, conduct HEARING to adopt Resolution No. 2005/421
approving the annexation of the Alamo Creek and Intervening Properties projects
into the Wendt Ranch Geologic Hazard Abatement District (GHAD), and accepting
Revision 1 to the Wendt Ranch GHAD Plan of Control, Danville area. (Wendt Ranch GHAD Funds) (Eileen Doten,
Public Works
Department) (District III)
CLOSED the public
hearings as the Wendt Ranch Geologic
Hazard Abatement District Board of Directors, and ADOPTED Resolution No.
2005/421 approving the annexation of the Alamo Creek and Intervening Properties
projects into the Wendt Ranch Geologic Hazard Abatement District (GHAD), and
accepting Revision 1 to the Wendt Ranch GHAD Plan of Control, Danville
area.
SD.4 CONSIDER adopting Resolution
No. 2005/437 approving the annexation of the Alamo Creek and Intervening
Properties projects into the Wendt Ranch Geologic Hazard Abatement District
(GHAD), and accepting Revision 1 to the Wendt Ranch GHAD Plan of Control,
Danville area. (Wendt Ranch GHAD
Funds) (Eileen Doten, Public Works Department) (District III)
ADOPTED Resolution No. 2005/437
approving the annexation of the Alamo Creek and Intervening Properties projects
into the Wendt Ranch Geologic Hazard Abatement District (GHAD), and accepting
Revision 1 to the Wendt Ranch GHAD Plan of Control, Danville area.
SD.5 HEARING for adoption of
urgency and regular fee ordinances to fund the Revised Transportation
Improvement Program for the East Contra Costa Regional Fee and Financing
Authority, East County area. (Julie Bueren, Public Works Department) (Districts
III and V)
CLOSED the public hearing to consider
adoption of an urgency ordinance (Ordinance No: 2005-19) and regular ordinance
(Ordinance No: 2005-18), substantially in the form attached, to adopt Regional
Transportation Development Impact Mitigation (RTDIM) Fees to fund the revised
regional transportation improvement program for the East Contra Costa Regional
Fee and Financing Authority (ECCRFFA); ADOPTED urgency Ordinance No: 2005-19,
accepting and adopting the East Contra Costa Regional Fee Program Update,
adopted by the ECCRFFA on June 16, 2006, and adopting interim RTDIM Fees to fund
the ECCRFFA revised regional transportation improvement program; ADOPTED
Ordinance No:2005-18, accepting and adopting the East Contra Costa Regional Fee
Program Update, adopted by ECCRFFA on June 16, 2005, and adopting RTDIM Fees to
fund the ECCRFFA revised regional transportation improvement program; DETERMINED
that a majority protect does not exist; DIRECTED the Director of Public Works
and the Auditor/Controller to establish a trust fund for the East Contra Costa
Regional Fee and Financing Authority and the Treasurer to invest said monies
with interest to accrue in the trust fund; DIRECTED the Public Works Department
and the Department of Community Development review the fee schedule every
January 1 the East Contra Costa Regional Fee and Financing Authority Fee is in
effect, and to adjust for the effects of inflation or deflation as described in
the attached ordinance. The
adjustment for inflation or deflation is not subject to CEQA; DIRECTED the
Director of Community Development to monitor future amendment to the currently
adopted General Plan and their impact on traffic within the East Contra Costa
Regional Fee and Financing Authority fee area, and to report those amendments to
the Public Works Director as necessary to facilitate updating of the East Contra
Costa Regional Fee and Financing Authority Fee, and to make recommendations to
the Board; and DECLARED the intention of the Board that the East Contra Costa
Regional Fee and Financing Authority aggressively pursue outside funding
sources, such as federal and state monies, to finance the roadway improvements
to the maximum extent possible.
DELIBERATION
ITEMS - The Board will consider and
take action on the following items:
D.1
PUBLIC COMMENT. (3 Minutes/Speaker) The following persons presented
testimony:
Mike Lengyel, Pittsburg resident, inviting the Board to a
Fit-Fest 2005 at the Pittsburg Health Center;
Douglas Parker, Walnut Creek resident, spoke of the Old Park
School site being vacated and making a request to the Board not to let this site
go to the developers;
Shelley Geesey, A.1 Adjustment Service, 4579 Pacheco
Boulevard, Martinez, requesting the Board
to reconsider their appeal for a change to a land use permit, by placing this on the Board
agenda.
The following person did
not speak but provided written comments for the Board’s
consideration:
Charles G. Boyd, Sr. Napa resident, proposing to the Board a
Power Generating Plant that would increase recycling to 95% at no cost to the
Contra Costa County, and create 350 new jobs in the
County.
The following individuals spoke urging the Board to restore
the position of the Executive Director for Contra Costa Developmental
Disabilities Council to a full-time position:
Bonnie Baldwin, Summit Center;
Joe Velez, Chris Adams and Summit Centers;
Jorge Barbaste, Summit Center;
Lynor Jackson, Summit and Chris Adams
Centers;
Stephanie Meakin, Martinez resident;
Katherine Silveira, Lafayette resident
Joanne Deluchey, Richmond resident;
Barbara Maizie, Martinez resident;
Dr. Edward Donnelly, (no other details);
Lauri Parks, Concord resident;
Gina Jennings, Contra Costa Developmental Disabilities
Council;
Rollie Katz, PEU Local One;
Debra Wilhelm, Martinez resident.
D.2 CONSIDER
accepting report on the Metropolitan Transportation Commission’s
Transit-Oriented Development Policy for Regional Transit Expansion
Projects. (Steven Goetz, Community
Development Department; James Corless, Senior Planner, Metropolitan
Transportation Commission) (Districts I, II, III, V)
D.3 CONSIDER
accepting report from the Community Development Director and approving
recommendations of the Contra Costa County Agricultural Advisory Task Force to
update roadside stand regulations and allow value-added operations in the
Agricultural Core. (Patrick Roche,
Community Development Department) (District III)
ACCEPTED report
from the Community Development Department on the recent recommendations from the
Contra Costa County Agricultural Advisory Task Force; AUTHORIZED staff from
Community Development to initiate a General Plan Amendment study, associated
zoning ordinance amendments, and review of the permit process for the purpose of
updating roadside stand regulations and allowing value-added used incidental to
agriculture within the Agricultural Core, as recommended by the County
Agricultural Advisory Task Force;
REQUESTED staff from the Agriculture Department, Building Inspection
Department, Environmental Health Division, Health Department, and Public Works
Department, to cooperate, and, as necessary, provide technical assistance to the
Community Development Department in drafting updated roadside regulations, and
ENCOURAGE the County Agricultural Advisory Task Force and other agricultural
interest organizations to actively participate in this effort; REQUESTED
Community Development Department staff incorporate the issues and concerns made
by the Board today.
D.4 CONSIDER report
from the Community Development Director on modification to the administrative
interpretation of adequate screening of mobile homes, travel trailers, camp
cars, vessels and vessel trailers.
(Dennis M. Barry, Community Development Director) (All Districts)
Closed Session
1:00
P.M.
D.5 HEARING on an
appeal by Jeffrey Batt (Subdivider) of a decision by the County Planning
Commission finding violations of subdivision law pertaining to development of
the King Estates project, Subdivision 7276, located south of King Drive at the
Oak Branch Way intersection, Walnut
Creek/Saranap area, and authorizing the recording of notice of violation against
its title. (Bob Drake, Community Development Department) (District III)
CLOSED the public hearing on an
appeal by Jeffrey Batt (Subdivider) of a decision by the County Planning
Commission finding violations of subdivision law pertaining to development of
the King Estates project, Subdivision 7276, located south of King Drive at the
Oak Branch Way intersection, Walnut Creek/Saranap area; FOUND that the
development of the project has resulted in violations of the subdivision permit
and related law; SUSTAINED the decision of the County Planning Commission
authorizing staff to record Notices of Violation of Subdivision Law against the
Title to the Subdivision; DENIED the appeal of Jeffrey Batt; and DIRECTED the
Community Development Director, or designee, to execute and record the
Notices.
D.6 HEARING on an
appeal by Camp and Camp Associates of the San Ramon Valley Regional Planning
Commission’s decision to deny a modification to the Final Development Plan to
allow an accessory structure height of nine-feet on a property located at 36
Saddleback Place in the Danville area. (County File #DP013049) (Aruna Bhat,
Community Development Department) (District III)
CLOSED the public hearing on an appeal by Camp and Camp
Associates of the San Ramon Valley Regional Planning Commission’s decision to
deny a modification to the Final Development Plan to allow an accessory
structure height of nine-feet on a property located at 36 Saddleback Place in
the Danville area; FOUND that the required Ordinance findings to grant this
request cannot be made as reported in Resolution No. 21-2005 adopted by the San
Ramon Valley Regional Planning Commission; UPHELD the San Ramon Valley Regional
Planning Commission’s denial of the requested modification to the final
development plan; DENIED the appeal of applicant Camp & Camp Associates; and
DIRECTED the County Building Inspection Department to take appropriate actions
to ensure that the total height of the wall is reduced so as to not exceed six
feet as measured from the top of the footing for the wall.
Adjourn in Memory of Troy Spencer of
Pleasant Hill
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. 2005/431 approving and authorizing the Public Works Director to fully close
a portion of Pinehurst Road for the period July 25, 2005 through August 1, 2005
for 24 hours per day, for the purpose of recovery and disposal of 11
automobiles, approximately 500 tires, and miscellaneous car parts and various
debris from roadside gully, as requested by East Bay Municipal Utility District,
Canyon area. (District II)
C.2 ADOPT Resolution
No. 2005/432 ratifying the prior decision of the Public Works Director to
partially close a portion of Bethel Island Road on July 16 and 17, 2005 from
9:00 a.m. through 6:00 p.m., for the purpose of the 18th Annual 1950s
Bash (Car and Motorcycle Show), Bethel Island area. (District V)
C.3 ADOPT Traffic
Resolution No. 2005/4125 prohibiting parking at all times except for vehicles of
individuals with disabilities (blue curb), on the south side of 2nd
Street, beginning at a point 81 feet west of the center line of Harris Avenue
and extending westerly a distance of 25 feet, Rodeo area, as recommended by the
Public Works Director. (District II)
C.4 ADOPT Traffic
Resolution No. 2005/4126 prohibiting parking at all times except for vehicles of
individuals with disabilities (blue curb), on the south side of Loring Avenue,
beginning at a point 54 feet west of the center line of Bay Street and extending
westerly a distance of 20 feet, Crockett area, as recommended by the Public
Works Director. (District II)
Engineering Services
C.5 RA 02-01141: ADOPT Resolution No. 2005/433 approving
the road improvement agreement for the bridge at Japonica Way, for project being
developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area,
as recommended by the Public Works Director. (District
III)
C.6 RA 05-01185: ADOPT Resolution No. 2005/434 approving
the road improvement agreement for Windemere Phase 3 – Japonica Way, for project
being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley)
area, as recommended by the Public Works Director. (District
III)
Special
Districts & County Airports
C.7 APPROVE and
AUTHORIZE the Chief Engineer, Flood Control and Water Conservation District, or
designee, on behalf of the Contra Costa Clean Water Program, to execute a
contract with Earth Island Institute/Kids for the Bay in an amount not to exceed $32,000 for grant administration services for
the period July 1, 2005 through June 30, 2006, Countywide. (Cities, Towns and
County Stormwater Utility Fee Assessments) (All Districts)
C.8 APPROVE and
AUTHORIZE the Chief Engineer, Flood Control and Water Conservation District, or
designee, on behalf of the Contra Costa Clean Water Program, to execute a
contract with Dan Cloak Environmental Consulting in an amount not to exceed
$111,000 for technical consulting services for the period July 1, 2005 through
June 30, 2006, Countywide. (Cities and County Stormwater Utility Fee
Assessments) (All Districts)
C.9 APPROVE and
AUTHORIZE the Chief Engineer, Flood Control and Water Conservation District, or
designee, on behalf of the Contra Costa Clean Water Program, to execute a
contract with Matt Bolender in an amount not to exceed $56,000 for consulting
services for the Used Oil Recycling Block Grant Program for the period July 1,
2005 through June 30, 2006, Countywide. (California Integrated Waste Management
Board’s Used Oil Recycling Grant Program Funds) (All Districts)
C.10 ADOPT Resolution No. 2005/435
approving and authorizing the Chief Engineer, Flood Control and Water
Conservation District, to impose the Annual Benefit Assessments for Fiscal Year
2005/2006 for Drainage Areas 67A, 75A, 76A, 520, 910, 1010, and 1010A, Walnut
Creek, Oakley, Danville, and San Ramon areas. (Drainage Area Benefit Assessment
Funds) (Districts II, III and V)
C.11 APPROVE and AUTHORIZE the
Chair, Board of Supervisors, as governing board of the Flood Control and Water
Conservation District, to execute a standard Drainage Fee Collection,
Right-of-Way, and Maintenance Agreement with the City of Lafayette for drainage
areas 15A and 67, effective February 28, 2005, and continuing in perpetuity,
Lafayette area. (Drainage Area 15A and 67 Fees) (District
II)
C.12 ADOPT Resolution No. 2005/429
calling for an appropriations limit increase election on November 8, 2005, for
County Service Area R-7A to replace and supersede existing appropriation limit
override in Resolution No. 2003/727, Alamo area. (County Service Area R-7A
Funds) (District III)
Statutory
Actions
C.13
APPROVE minutes, as on file with Clerk of the Board, for the month of
June.
Claims,
Collections & Litigation
C.14
DENY claims of Brock A. Nethery; Regina Myers; Leslye Cassese of
CSAA for Regina Myers; and three claims filed by Reginald Byrd.
C.15
RECEIVE report concerning the final settlement of Janet McGie vs. Contra
Costa County and AUTHORIZE payment from the Workers’ Compensation Trust Fund in
the amount of $26,000, as recommended by the County Administrator. (All Districts)
C.16
RECEIVE report concerning the final settlement of Patsy Eastman vs.
Contra Costa County and AUTHORIZE payment from the Medical Liability Trust Fund
in the amount of $300,000, as recommended by the County Administrator. (All Districts)
C.17
RECEIVE report concerning the final settlement of Bryan Hyman vs. Contra
Costa County and AUTHORIZE payment from the General Liability Trust Fund in the
amount of $150,000, as recommended by the County Administrator. (All Districts)
Honors &
Proclamations
C.18
ADOPT Resolution No. 2005/436
honoring the 45th Annual Contra Costa County Championship Swim
Meet, as recommended by Supervisor Uilkema. (All Districts)
Appointments
& Resignations
C.19 DECLARE vacant Seats No. 2,
3, and 5 on the Human Relations Commission held by Lucy Williams, Ed.D., due to
resignation; Victoria Macklin due to non-attendance; and Carla Carr due to
non-attendance, and DIRECT the Clerk of the Board to post the vacancies, as
recommended by the Human Relations Commission. (All Districts)
C.20
DECLARE vacant the Tara Hills Mobile Manor seat on the Montalvin Manor
Redevelopment Committee held by Theresa Bottini , and DIRECT the Clerk of
the Board to post the vacancy, as recommended by the Montalvin Manor
Redevelopment Advisory Committee. (District I)
Appropriation
Adjustments - 2004/2005
FY
C.21 Elections (0043): APPROVE Appropriations and Revenue
Adjustment No. 5240 authorizing new revenue in the amount of $850,000 from
special election reimbursements and appropriating it to cover costs associated
with special elections. (All
Districts)
Intergovernmental Relations
C.22 AUTHORIZE the Chair, Board of Supervisors, to
sign a letter addressed to U. S. Representative Zoe Lofgren regarding a proposed
National Transportation Security Center at the Mineta Transportation Institute
in San Jose, as recommended by the Transportation, Water and Infrastructure
Committee. (All Districts)
C.23 ACCEPT Notice of Proposed
Amendment to Measure C Expenditure Plan to finance transportation projects in
Richmond and Hercules, as recommended by the Community Development
Director. (Districts I,
II)
Personnel
Actions
C.24
ADOPT Position Adjustment Resolution No. 19902 to add two Deputy Sheriff
positions and one Sergeant position in the Sheriff-Coroner Department. (100% reimbursement from the City of San
Ramon)(District III)
C.25
ADOPT Position Adjustment Resolution No. 19898 to add one Sergeant
position in the Sheriff-Coroner Department. (100% reimbursement from the City of
Lafayette) (District II)
C.26
ADOPT Position Adjustment Resolution No. 19895 to add one Planner
I-Project position in the Community Development Department. (100% Applicant fees) (All
Districts)
C.27
ADOPT Position Adjustment Resolution No. 19893 to add one Redevelopment
Project Manager-Project position and cancel one Planner I position in the
Community Development Department.
(Salary savings; Federal funds) (All Districts)
C.28 ADOPT Position Adjustment
Resolution No. 19905 to establish the class of Airport Office Specialist and
ALLOCATE it to the Salary Schedule; and RECLASSIFY one Accounting Technician
position to Airport Office Specialist in the Public Works Department. (100% Airport Fund; Budgeted) (All
Districts)
C.29 ADOPT Position Adjustment
Resolution No. 19903 to add one part time (24/40) Psychiatric Technician
position and cancel one part time (20/40) Licensed Vocational Nurse position in
the Health Services Department.
(Cost savings) (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.30 APPROVE and AUTHORIZE the
Health Services Director, or designee, to execute a contract with the State of
California Department of Health Services to pay the County an amount not to
exceed $423,645 to continue to provide the Immunization Assistance Program for
the period July 1, 2005 through June 30, 2006. (No County match) (All Districts)
C.31 APPROVE and AUTHORIZE the
Employment and Human Services Director, or designee, to execute a contract to
accept Child Development Services funding from the California Department of
Education in the amount of $5,194,614 for child development programs for current
and former CalWORKs program participants for the period July 1, 2005 through
June 30, 2006. (No County
match) (All Districts)
C.32 APPROVE and AUTHORIZE the
Employment and Human Services Director, or designee, to execute a contract to
accept Child Development Services funding from the California Department of
Education in the amount of $1,120,819 for child development programs for
families who receive child protective services, children at risk of abuse and
neglect, children with special needs, and low-income families for the period
July 1, 2005 through June 30, 2006.
(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.33 APPROVE and AUTHORIZE the
Sheriff-Coroner, or designee, to execute a contract with Mark Klekar in an
amount not to exceed $26,000 to provide landscaping instruction at the Marsh
Creek Detention Facility for the period July 1, 2005 through June 30, 2006. (100% Inmate Welfare Fund) (All
Districts)
C.34 APPROVE and AUTHORIZE the
Public Works Director, or designee, to execute a contract with Jennie Walcek in
an amount not to exceed $119,525 to provide technical assistance with the
implementation of the Contra Costa County Marina and Recreational Boating
Program for the County Watershed Program for the period July 1, 2005 through
June 30, 2007, East County Delta area. (Proposition 13 Grant Funds from the State Water
Resource Control Board and Stormwater Utility Assessment Fees) (Districts III
& V)
C.35 APPROVE and AUTHORIZE the
County Administrator, or designee, to execute a contract amendment with Public
Pension Professionals to extend the term from October 13, 2005 to June 30, 2006
and increase the payment limit by $70,000 to a new payment limit of $120,000 for
continuing retirement consultant services. (Budgeted) (All
Districts)
C.36 APPROVE and AUTHORIZE the
County Administrator, or designee, on behalf of the Community Services
Department, to execute a contract amendment with Rhea Cairlind to increase the
payment limit by $24,320 to a new payment limit of $52,320 and to extend the
term from July 31 to October 31, 2005 to provide additional temporary accounting
services while the Department completes the process of hiring a permanent
accountant. (Budgeted, 100%
State) (All Districts)
C.37 APPROVE and AUTHORIZE the
Health Services Director, or designee, to execute a contract amendment with
Crestwood Behavioral Health, Inc., effective May 1, 2005, to increase the
payment limit by $1,070,065 to a new payment limit of $8,846,556 to expand the
scope of services to include subacute skilled nursing care at the Crestwood
Solano facility to County conservatees, with no change in the term of July 1,
2004 through June 30, 2005; and to increase the automatic extension payment
limit by $535,033 to a new payment limit of $4,423,278 with no change in the
automatic extension through December 31, 2005. (Budgeted, 100% Mental Health
Realignment) (All Districts)
C.38 APPROVE and AUTHORIZE the
Health Services Director, or designee, to execute a contract with Eastern Contra
Costa Transit Authority (dba Tri-Delta Transit) in an amount not to exceed
$91,200 to continue to provide fixed route bus transportation services between
the Pittsburg health clinic and the Contra Costa Regional Medical Center for the
period July 1, 2005 through June 30, 2006.
(Budgeted, Enterprise I:
12.3% County, 87.7% Patient/Third Party Revenues) (All Districts)