View Other Items in this Archive | View All Archives | Printable Version

CONTRA COSTA COUNTY BOARD OF SUPERVISORS

Supervisors J. Gioia, G. B. Uilkema, D. Gerber, M. DeSaulnier, and F. D. Glover
Clerk of the Board, John Sweeten (925 335-1900)

A G E N D A

TUESDAY
May 1, 2001

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

                   There were no Closed Session announcements.

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

Inspirational Thought - "To conquer fear is the beginning of wisdom." ­ Bertrand Russell

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

Approved as listed except as noted below:
    C.32, C.39, C.58.

HOUSING AUTHORITY CONSENT ITEMS:

Approved as listed.

HA.1    APPROVE and AUTHORIZE the Executive Director of the Housing Authority of the County of Contra Costa to enter into a one year lease renewal with Las Deltas Project Pride of North Richmond to provide space for senior citizens and other community programs.

9:35 A.M.

PRESENTATIONS

Approved as listed.

P.1    PRESENTATION to adopt Resolution 2001/170 proclaiming May 2001 as "AIDS Awareness Month" in Contra Costa County. (Supervisor Gioia)

P.2    PRESENTATION to adopt Resolution 2001/109 proclaiming May 2001 as "Motorcycle Awareness Month" in Contra Costa County, as recommended by Supervisor DeSaulnier.

P.3    PRESENTATION of the Contra Costa County Library 2000 Annual Volunteer & Community Partners Report, and acknowledging and honoring the recipients of the 2000 Contra Costa County Library Volunteer and Community Partners "Special Recognition Awards." (Anne Cain, County Librarian)(Adjourn to Room 108 for refreshments)

9:45 A.M.

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

SD.1    CONSIDER any Consent Items previously removed.

SD.2    CONSIDER directing the County Administrator to work with County departments and other local
            jurisdictions to develop a public information program to publicize the availability of energy
            assistance programs, information about the health risks of exposure to excessive summer heat, and
            bulletins urging community assistance; and to develop a list of safe, cool sites where the frail and
            elderly who are at risk from the effects of excessive summer heat can be sheltered in the event of
            rolling blackouts or lack of air conditioning at home; and to report back to the Board on June 5, 2001
            for approval for implementation. (Supervisor DeSaulnier)

DIRECTED that the County Administrator work with the Health Services Department, Employment and Human Services Department/Aging and Adult Services, Community Services Department, and the Office of Emergency Services, as well as the cities of Contra Costa County, to develop a strategy publicizing the availability of energy assistance programs, to provide public information about the health risks of exposure to excessive summer heat, and to develop a list of safe, cool sites where frail seniors and others with significant health problems could be sheltered from excessive heat, in the event of rolling blackouts or lack of air conditioning at home; DIRECTED that on June 5, 2001, the involved departments present a report to the Board on issues including medical and liability concerns regarding the use of facilities; public transit for the residents to sites and/or locating the necessary facilities on public transit routes; SUGGESTED that this matter be added to the Mayor's Conference agenda on the earliest possible date; and SUGGESTED that CCTV, the County's website, and local newspapers publicize this issue to increase public awareness.

SD.3   CONSIDER authorizing County participation in the development and financing for a shared local
           vision for smart growth in Contra Costa County, as coordinated by the County Conference of Mayors.
          (Supervisor DeSaulnier)

10:00 A.M.

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

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

No one appeared to speak during Public Comment.

D.2    CONSIDER report showing possible scenarios for redrawing the County supervisorial district
            boundaries. (Dennis Barry, Community Development Director)

ACCEPTED the report on redrawing the County supervisorial district boundaries; ACCEPTED for public consideration, the scenarios presented today including: staff's proposed Nos. 1, 2, 3, 4, 5, and revised 6; No. 4 A offered by Supervisor II today; and Nos. 8 and 9, regarding the East County area; INCLUDED the modified schedule for the public meetings as proposed; DIRECTED that the public process include: notifying cities, and city councils of the schedules utilizing the County's Website and CCTV for publicity, and that a memo regarding the parameters of redistricting be made available; DIRECTED that Community Development staff present at least one scenario keeping all cities and jurisdictions intact in a supervisorial district; and DIRECTED that the issues raised today be presented to the Mayor's Conference participants.
 

ADJ.1 ADJOURNED in honor of the memory of Frank Tiscareno.  Mr. Tiscareno was an Oakley resident and a Pittsburg native.  He served the residents of Pittsburg for 24 years as a police officer, retired as a Sergeant, and was an  instructor to the 77th Police Academy.    He was in the U.S. Army, and an active member of the Veterans of Foreign Wars-John McMurry Post.

Closed Session
 
 

Adjourn to Contra Costa County Mayor's Conference
May 3, 2001
6:30 p.m.
Bio Rad Complex, Life and Science Building
2000 Alfred Nobel Drive, Hercules
 

Adjourn to the Special Meeting of the Internal Operations Committee
May 7, 2001
7:00 p.m.
Rodeo Senior Center
189 Parker Street , Rodeo
 
 

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 plans and specifications and ADVERTISE for bids for the North Broadway Infrastructure Program Phase 2 Project, Bay Point area. [CDD-CP# 97-36] (Contra Costa County Redevelopment Agency)

C.2    APPROVE right of way contract and rental agreement and ACCEPT Grant Deed from Pittsburg Elks Lodge No. 1474 for property rights required for the State Route 4 East, Railroad Avenue to Loveridge Road Project, Pittsburg area. [CDD-CP# 00-85] (Contra Costa Transportation Authority)

C.3    APPROVE and AUTHORIZE the Principal Real Property Agent to execute the relocation assistance claim and AUTHORIZE the Auditor-Controller to process payments in the amount of $17,958 and $950 to Mandrell & Andrea Vaughn in connection to the State Route 4 East, Railroad Avenue to Loveridge Road Project, Pittsburg area. [CDD-CP# 00-05] (Contra Costa Transportation Authority)

C.4    APPROVE the recommendation of the City County Engineering Advisory Committee for allocating the Transportation Development Act, Article 3 Funds for bicycle and pedestrian projects for FY 2001/2002 and DIRECT the Public Works Director to forward the County's recommendations to the Metropolitan Transportation Commission for final approval and allocation of funding effective July 1, 2001, Countywide.

Engineering Services

C.5    APPROVE and AUTHORIZE Public Works Director to execute agreement with the State Water Resources Control Board for the Strenzel Lane Erosion and Sediment Reduction Project, Martinez area.

Special Districts & County Airports

C.6    APPROVE ranking of requests for Federal funding for creek projects by Congressional District for FY 2001/2002, Countywide, as recommended by Transportation, Water and Infrastructure Committee.

Statutory Actions

C.7    APPROVE minutes for the month of April 2001.

C.8    DECLARE certain ordinances duly published.

Claims, Collections & Litigation

C.9    DENY Claims of N. Miller; B. Hanna; K. Williams; B. Olaya; D. Belson; R. Thorton; V. Johnson; the Port of Redwood City; A. Elwy; C. Giordamo Murillo; Amended Claims E. Bennett; G. Mosbarger; N. Miller; Application to File Late Claim of C. Brownfield.

Honors & Proclamations

C.10    ADOPT Resolution 2001/173 welcoming the California State Bowling Association State Tournament to Contra Costa County, as recommended by Supervisor Glover.

C.11    ADOPT Resolution 2001/171 declaring the month of May, 2001 Animal Abuse/Domestic Violence Awareness Month in Contra Costa County, as recommended by Supervisor Uilkema.

C.12    PROCLAIM the week of May 6-12, 2001 as "Be Kind to Animals Week" in Contra Costa County, as recommended by the Animal Services Director.

C.13    ADOPT Resolution 2001/172 proclaiming May 5, 2001 as "The Fourth Annual Hope Faire Celebrating Mental Health" in Contra Costa County, and requesting the support of County residents and organizations to increase public awareness and promote a better understanding of mental health issues, as recommended by Supervisor Gerber.

Appointments & Resignations

C.14    APPOINT Mary Piepho to the Byron-Brentwood-Knightsen Cemetery District, as recommended by Supervisor Glover.

C.15    REAPPOINT Stephen Herrick and Kathy Leighton to the Byron Municipal Advisory Council, as recommended by Supervisor Glover.

C.16    ACCEPT the resignation of Cathy Demut from the Advisory Council on Aging, DECLARE a vacancy, and DIRECT the Clerk of the Board to apply the Board's policy for filling the vacancy, as recommended by the Advisory Council on Aging.

C.17    APPOINT Edgar Monk to the Nutrition Council seat on the Advisory Council on Aging, as recommended by the Advisory Council on Aging.

C.18    DECLARE a vacancy for an East County resident seat on the Ad Hoc Intercity Rail Advisory Committee and DIRECT the Clerk of the Board to apply the Board's policy for filling the vacancy, as recommended by the Community Development Director.

C.19    APPROVE the Emergency Medical Care Committee appointments and reappointments as nominated by the Health Services Director.

C.20    REAPPOINT Kenneth Wacker to the County Service Area M-16 Citizen's Advisory Committee, as recommended by Supervisor DeSaulnier.

C.21    REAPPOINT Patricia Jesch to the County Service Area M-16 Citizen's Advisory Committee, as recommended by Supervisor DeSaulnier.

C.22    ACCEPT the resignation of Leo Burton from the Pacheco Municipal Advisory Council, DECLARE a vacancy, and DIRECT the Clerk of the Board to apply the Board's policy for filling the vacancy, as recommended by Supervisor DeSaulnier.

C.23    ACCEPT the resignation of Alan B. Smith from the County Library Commission, DECLARE a vacancy, and DIRECT the Clerk of the Board to apply the Board's policy for filling the vacancy, as recommended by Supervisor DeSaulnier.

Appropriation Adjustments - 2000/2001 FY

C.24    General Services (0063)/Department of Information Technology (0060): AUTHORIZE the transfer of $24,000 from the Department of Information Technology to General Services Department-Fleet Services for the purchase of a vehicle. (See item C.54)

Legislation

C.25    SB 224         Extends Medicaid coverage for treatment of             SUPPORT
            (Speir)         breast cancer

Personnel Actions

C.26    ADD one full time and one part time (20/40) Community Health Worker I–Project positions in the Health Services Department. (California Telehealth Grant, No County Match)

C.27    ADD one Senior Health Education Specialist–Project position in the Health Services Department. (Partnership for Public Health Initiative Funding, No County Match)

C.28    ADD one Board of Supervisors Assistant position in District I.

Grants & Contracts

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

C.29    APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to accept grant awards from the Zellerbach Family Fund for the Shared Family Care program totaling $50,000 for FY 2001 and 2002. (No County Match)

C.30    APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to accept California Department of Aging, FY 2000/2001 additional funds in the amount of $194,706 for Title III and Title VII of the Older Americans Act. (No County Match)

C.31    APPROVE and AUTHORIZE the Health Services Director, or designee, to submit a funding application to the State of California Department of Mental Health for Supportive Housing Initiative Act (SHIA) funding in an amount up to $1,934,475 for FY's 2001/2002 through 2002/2003 to support the Health, Housing and Integrated Services Network (HHISN), and to execute the necessary funding agreements. (SHIA State Funds, County In-Kind Match)

C.32    APPROVE and AUTHORIZE the Health Services Director, or designee, to submit a funding application to the Waste Management Board (Environmental Health Division Solid Waste Program) in an amount not to exceed $26,400, for the period from July 1, 2001 through June 30, 2002 for enforcement assistance funds for the Department's Solid Waste Program, and to execute the necessary funding agreements. (Integrated Waste Management Board, No County Match).

CORRECTED TO READ:  APPROVED and AUTHORIZED the Health Services Director, to submit a funding application to the State of California Department of Mental Health for Supportive Housing Initiative Act (SHIA) funding in an amount up to $1,934,475 for FY's 2001/2002 through 2002/2003 to support the Health, Housing and Integrated Services Network (HHISN), and to execute the necessary funding agreements.

C.33    APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with the State Emergency Medical Services Authority, to extend the term of the contract through March 31, 2002 with no change in the original payment limit of $70,000, for the Emergency Medical Services for Children Project. (No County Match)

C.34    ACCEPT and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County a Notice of Award from the U.S. Department of Justice, Office of Justice Programs, in an amount not to exceed $499,999 for the Contra Costa County Juvenile Drug Court Program through October 1, 2002. (No County Match)

C.35    ACCEPT and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County a Notice of Award from the State of California, Alcohol and Drug Program, in an amount not to exceed $277,708 for the Contra Costa County Drug Court Program through December 28, 2004. ($253,269 State Funds and $24,439 County Match)

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

C.36    APPROVE and AUTHORIZE the County Administrator, or designee, to execute a consulting services agreement with Consolidated Engineering in an amount not to exceed $101,952 to provide testing and inspection services for the Juvenile Hall Addition and Family Law Center construction projects. (Budgeted)

C.37    APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with Hurd & Associates in the amount of $80,000 for continuing design and typesetting services to support mandated outreach efforts for Aging and Adult Services, and CalWORKS programs for the period from July 1, 2001 through June 30, 2002. (80% State/Federal, 20% County)

C.38    APPROVE and AUTHORIZE the Chief Information Officer of the Department of Information Technology, or designee, to execute an agreement with Mary Beth Paris in the amount of $110,000 to provide technical support for the PeopleSoft system through June 30, 2002. (Budgeted in PeopleSoft Project)

C.39   APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute contract amendments with Alfred Arroyos, Mark Grady Cruise and Don Graves, Independent Living Skills Program staff, to increase the payment limits by $5,000 each for new payment limits of $55,000, $51,000 and $68,800 respectively, through June 30, 2002. (100% Federal Funds)

CORRECTED TO READ: APPROVED and AUTHORIZED the Employment and Human Services Director, or designee, to execute contract amendments with Alfred Arroyos, Mark Grady Cruise, Don Graves, Independent Living Skills Program staff, to increase the payment limits by $5,000 each for new payment limits of $55,000, $51,000 and $68,800 respectively, through
June 30, 2001.

C.40     APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to renew contracts with Dana Buford, Maxine Henderson, Joyce Kaplan, and Katie O'Rourke, each in the amount of $55,000 for case management services in the One-Stop Career Centers, from July 1, 2001 through June 30, 2002. (!00% Federal Funds)

C.41    APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Lincoln Child Center, effective July 1, 2000, to increase the payment limit by $20,000 to a new payment limit of $328,146 to provide school-based mental health services for additional seriously emotionally disturbed children and their families through June 30, 2001. (48.4% Federal Medi-Cal, 45.5% State EPSDT, 6.1% Mt. Diablo Unified School District)

C.42    APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Pacific Health Consulting Group, LLC, in an amount not to exceed $119,235 to provide consultation and technical assistance to the Department with regard to implementing the County's Community Access Program through February 28, 2002. (Health Resources and Services Administration (HRSA) Grant, No County Match)

C.43    APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Pharmaceutical Care Network (PCN), to modify the payment provisions to allow PCN to provide additional pharmacy administration services, through January 31, 2002. (Contra Costa Health Plan Member Premiums)

C.44    APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with John Rostowski, M.D., in an amount not to exceed $50,000 to provide professional psychiatric services for Contra Costa Health Plan members through January 31, 2002. (Member Premiums, Third Party Revenues)

C.45    APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Frank Lee in an amount not to exceed $79,000 for consultation and technical assistance with regard to Contra Costa Health Plan's compliance with state, federal and other regulations, through April 30, 2002. (Contra Costa Health Plan Member Premiums)

C.46    APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Eastridge Infotech, in an amount not to exceed $345,000 to provide temporary programmer/analysts and client/server developers for the Department's Information Systems Unit through May 31, 2002. (Enterprise I Budget)

C.47    APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Eastridge Infotech in an amount not to exceed $200,000 to provide temporary computer technicians for the Department's Information Systems Unit through April 30, 2002. (Enterprise I Budget)

Leases

C.48    APPROVE and AUTHORIZE the General Services Director to execute a lease amendment with the 23rd District Agricultural Association for the premises at 1203 West 10th Street, Antioch, for childcare programs and play yard by the Community Services Department. (Community Services Department Budget)

Other Actions

C.49    ACKNOWLEDGE receipt of the County's Single Audit Report on federal programs for FY 1999/2000 as audited by Macias, Gini & Company, LLP, and REFER the report to the Finance Committee for review.

C.50    ADOPT Resolution 2001/174 approving sale of tax-defaulted properties to the Contra Costa County Flood Control and Water Conservation District pursuant to the Revenue and Taxation Code, as recommended by the Treasurer-Tax Collector.

C.51    DECLARE as surplus and AUTHORIZE the Purchasing Agent to dispose of specified equipment and vehicles no longer fit for public use, as recommended by the General Services Director.

C.52    ADOPT Resolution 2001/175 directing the County Administrator, or designee, to vote in favor of the continuation of the City of Antioch Lighting and Landscaping Assessment District for County-owned properties in the City of Antioch Benefit Zones 1 and 3 for a four-year period.

C.53    APPROVE the request of the West Contra Costa Unified School District and Lafayette School District to consolidate elections with Statewide General Elections.

C.54    APPROVE and AUTHORIZE the Fleet Manager to purchase one Ford E-250 CNG Cargo Van on behalf of the Department of Information Technology to use for new staff. (See item C.24)

C.55    APPROVE co-sponsorship of tour by federal, state and local representatives of the north Contra Costa County shoreline from Martinez to Antioch and AUTHORIZE participation and cost sharing for the tour, Countywide.

C.56    ADOPT resolutions relating to the establishment of a Mello-Roos Community Facilities District in the Norris Canyon Estates, San Ramon area, including Resolution of Intentions to establish a Community Facilities District (Resolution 2001/168) and to incur bonded indebtedness (Resolution 2001/169).

C.57    ACCEPT report from the Health Services Director on the use of tobacco settlement agreement funds, as requested by the Board on April 24,2001.

Redevelopment Agency

C.58    As the Governing Board of the Contra Costa County Redevelopment Agency, APPROVE and AUTHORIZE the Deputy Director-Redevelopment to begin implementation of the North Richmond Transportation and Urban Design conceptual plan in collaboration with Contra Costa County and the City of Richmond.

CORRECTED TO READ:  As the Governing Board of the Contra Costa County Redevelopment Agency, and the Board of Supervisors, APPROVED and AUTHORIZED the Deputy Director-Redevelopment to begin implementation of the North Richmond Transportation and Urban Design conceptual plan in collaboration with Contra Costa County and the City of Richmond.

 

GENERAL INFORMATION

 

The Board meets in all its capacities pursuant to Ordinance Code Section 24-2.402, including as the Housing Authority and the Redevelopment Agency. Persons who wish to address the Board should complete the form provided for that purpose and furnish a copy of any written statement to the Clerk.

All matters listed under CONSENT ITEMS are considered by the Board to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Board or a member of the public prior to the time the Board votes on the motion to adopt.

Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls for comments from those persons who are in support thereof or in opposition thereto. After persons have spoken, the hearing is closed and the matter is subject to discussion and action by the Board.

Requests for reconsideration of a land use (planning) decision must be submitted in writing to the Clerk of the Board of Supervisors within 10 days of the Board's decision, and must identify the new information which was not before the Board of Supervisors when the decision was made.

The County will provide reasonable accommodations for disabled individuals planning to attend Board meetings who contact the Clerk of the Board at (925) 335-1900; TDD (925) 335-1915. An assistive listening device is available from the Clerk, Room 106.

Copies of taped recordings of all or portions of a Board meeting may be purchased from the Clerk of the Board. Please telephone the Office of the Clerk of the Board, (925) 335-1900, to make the necessary arrangements.

Forms are available to anyone desiring to submit an inspirational thought nomination for inclusion on the Board Agenda. Forms may be obtained at the Office of the County Administrator or Office of the Clerk of the Board, 651 Pine Street, Martinez, California.

Applications for personal subscriptions to the weekly Board Agenda may be obtained by calling the Office of the Clerk of the Board, (925) 335-1900. The weekly agenda may also be viewed on the County's Internet Web Page: WWW.CO.CONTRA-COSTA.CA.US.

The Closed Session agenda is available each week upon request from the Office of the Clerk of the Board, 651 Pine Street, Room 106, Martinez, California, and may also be viewed on the County's Web Page.

The Family and Human Services Committee (Supervisors M. DeSaulnier and F.D. Glover) - meets on the second and fourth Mondays of the month at 9:00 A.M. in Conference Room A, 2425 Bisso Lane, Concord.

The Finance Committee (Supervisors F.D. Glover and D. Gerber) - meets on the first and third Mondays of the month at 9:00 A.M. in Room 108, County Administration Building, 651 Pine Street Street, Martinez.

The Internal Operations Committee(Supervisors J. Gioia and M. DeSaulnier) - meets on the first and third Mondays of the month at 10:00 A.M. in Room 105, County Administration Building, 651 Pine Street Street, Martinez.

The Transportation, Water & Infrastructure Committee (Supervisors D. Gerber and J. Gioia) - meets on the second Monday of the month at 10:00 A.M. in Room 105, County Administration Building, 651 Pine Street Street, Martinez.
 
 

Finance Committee

5-7-01

9:00 A.M.

see above

Internal Operations Committee

5-7-01

10:00 A.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, May 1, 2001, 9:00 a.m. and thereafter
Board Chambers Room 107 and Room 105
Administration Building,
651 Pine Street, Martinez, California

 

A. CONFERENCE WITH LABOR NEGOTIATORS

1. Agency Negotiators: Leslie Knight, Kathy Ito, and Keith Fleming.

Employee Organizations: Contra Costa County Employees’ Assn., Local No. 1; Am. Fed., State, County, & Mun. Empl., Locals 512 and 2700; Calif. Nurses Assn.; Service Empl. Int’l Union, Local 535; C.C.C. Appraiser’s Assn.; District Attorney’s Investigators Assn.; Deputy Sheriffs Assn.; United Prof. Firefighters, Local 1230; Physicians’ & Dentists’ Org. of Contra Costa; Western Council of Engineers; United Chief Officers Assn.; Service Empl. Int’l Union Health Care Workers, Local No. 250, and Oakley-Knightsen Firefighters’ Assn.

2. Agency Negotiators: Leslie Knight, Kathy Ito, and John Sweeten.

Unrepresented Employees: All unrepresented agency management employees (Resolution No. 2000/372 including its Exhibits), unrepresented nursing classification employees, and all other unrepresented agency employees.

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

Lucy’s Sales, et al. v. Contra Costa County, et al., U.S. District Court No. C98-02955