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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

SEPTEMBER 23, 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____

9:00 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  -  “Eighty percent of success is showing up.”  ~Woody Allen

 

CONSIDER  CONSENT  ITEMS   -  Approved as listed except as noted below:

                      

HOUSING AUTHORITY CONSENT ITEMS Approved as listed

 

HA.1           ACCEPT notification that the Contra Costa County Housing Authority’s CASE (Comprehensive Apprenticeship Self-Sufficiency and Entrepreneurship) Program will receive a National Association of Housing and Redevelopment Officials (NAHRO) Award of Excellence.  (All Districts)         

 

9:35 A.M.

 

PRESENTATIONS Approved as listed except as noted below:

 

PR.1           PRESENTATION to adopt Resolution No. 2003/556 to commence the 2003 Contra Costa County Charities Campaign and to appoint the campaign chair and co-chair persons.  (Steve Bautista, County Probation Officer) (All Districts)

 

PR.2  PRESENTATION to adopt Resolution No. 2003/473 recognizing the importance of preparing for emergencies, Contra Costa CAER's (Community Alert Emergency Response) public education efforts, announcing the All School Drill, and proclaiming October 1, 2003 as "Shelter-in-Place Education Day in Contra Costa County".   (Tony Semenza, CAER Executive Director) (All Districts)

 

PR.3           PRESENTATION by the Contra Costa Association of Realtors on a proposal to assist the County in providing affordable housing.  (Supervisor Uilkema; Clark Wallace, Contra Costa Association of Realtors) (All Districts)

 

9:50 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           HEARING on the appeal of Darlene M. Michaud and Bruce R. Michaud (Owners) from the decision of the County Abatement Officer declaring a public nuisance on property located at 3165 Bragdon Way, Clayton.  (Phil Ludolph, Building Inspection Department) (District IV) (To be continued to an undetermined date)

CONTINUED to October 28, 2003 at 9:30 a.m. Hearing on the appeal by Darlene M. Michaud and

Bruce R. Michaud (Owners) from the decision of the County Abatement Officer declaring a public

nuisance on property located at 3165 Bragdon Way, Clayton.

 

 

 

SD.3           HEARING, pursuant to AB 3229, to consider approving the Sheriff’s request to continue funding the Air Support Unit with Front Line Law Enforcement funds under Government Code section 30061(b)(3) funds.  (Undersheriff Ron Jarrell) (All Districts)

APPROVED the Sheriff’s request to continue funding the Air Support Unit with Front Line Law Enforcement funds under Government Code section 30061(b)(3) funds. (AYES: I,III,V,IV; NOES: II; ABSTAIN: None; ABSENT: None)

 

SD.4           CONSIDER accepting information on the status of the Sheriff’s Office Law Enforcement Training Center, authorizing appropriation adjustment to transfer funds from the Sheriff’s Office capital account to eliminate the deficit in the Law Enforcement Training Center Enterprise Fund; and requesting the Sheriff to provide a report in 18 months to the Board of Supervisors on the status of the Law Enforcement Training Center.  (Undersheriff Ron Jarrell) (All Districts)

ACCEPTED information on the status of the Sheriff’s Office Law Enforcement Training Center; AUTHORIZED appropriation adjustment to transfer funds from the Sheriff’s Office capital account

to eliminate the deficit in the Law Enforcement Training Center enterprise fund; DIRECTED the

Sheriff to provide a report in 18 months to the Board of Supervisors on the status of the Law

Enforcement Training Center to include the status of the Law Enforcement Training Enterprise

Fund.

 

SD.5           CONSIDER approving and authorizing the General Services Director, or designee, to execute a 20-year lease and purchase option with James J. Busby and Lynette L. Busby for development of a new 36,000 square feet office building at 555 Escobar Street, Martinez to replace and consolidate the County Clerk-Recorder/Elections facilities and determining that the project is a California Environmental Quality Act (CEQA) Class 27, Section 15327 exemption.  (Bart Gilbert, General Services Director) (Project costs budgeted in Clerk-Recorder Department budget) (All Districts)

APPROVED and AUTHORIZED the General Services Director, or designee, to execute a 20-year lease and

 purchase option with James J. Busby and Lynette L. Busby for development of a new 36,000 square feet office

building at 555 Escobar Street, Martinez to replace and consolidate the County Clerk-Recorder/Elections

facilities and determining that the project is a California Environmental Quality Act (CEQA) Class 27, Section

15327 exemption.

 

SD.6            CONSIDER adopting Resolution No. 2003/524 proclaiming October as “Contra Costa County Library 90th Birthday Month”, and authorizing the County Librarian to solicit and accept online donations.  (Anne Cain, County Librarian) (All Districts)

ADOPTED Resolution No. 2003/524 proclaiming October as “Contra Costa County Library 90th Birthday

Month”, and authorized the County Librarian to solicit and accept online donations. 

 

SD.7            HEARING to adopt Resolution No. 2003/557 accepting tabulation of mail-in ballots, Confirmation of Diagram and Assessment, and Levy of Street Light Charges to operate and maintain facilities and services for MS 020022, County Service Area L-100, Alamo area. (Skip Epperly, Public Works Department) (District III)

ADOPTED Resolution No. 2003/557 accepting tabulation of mail-in ballots, Confirmation of Diagram and

Assessment, and Levy of Street Light Charges to operate and maintain facilities and services for MS 020022,

County Service Area L-100, Alamo area.

 

SD.8            HEARING to adopt Ordinance No. 2003-21 introduced on August 12, 2003 for the adjustment of the Tri-Valley Transportation Development Area of Benefit Fee, Tri Valley area.  (Maurice Shiu, Public Works Director) (District III)

ADOPTED Ordinance No. 2003-21 introduced on August 12, 2003 for the adjustment of the Tri-Valley

Transportation Development Area of Benefit Fee, Tri Valley area.

 

SD.9           CONTINUED HEARING on the appeal of William Reddick from the decision of the East County Regional Planning Commission revoking the land use permit granted by the County in 1988 to operate a dry boat storage facility located at 4091 Orwood Road, Brentwood, due to continued violation of the terms of the permit. (Robert Drake, Community Development Department) (District III) (To be continued to October 14, 2003 at 10:00 a.m.)  

CONTINUED to October 14, 2003 at 10:00 a.m., Hearing on the appeal of William Reddick from

the decision of the East County Regional Planning Commission revoking the land use permit granted by the

County in 1988 to operate a dry boat storage facility located at 4091 Orwood Road, Brentwood, due to continued violation of the terms of the permit.

 

11:00 A.M.

 

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

 

D.1      PUBLIC  COMMENT.  (3 Minutes/Speaker) There were no speakers.

 

D.2           CONSIDER accepting recommendations of the Environmental Justice Ad Hoc Committee regarding the County’s Environmental Justice Policy and the establishment of a task force to examine the issue of illegal dumping.  (Supervisor Gioia) (All Districts)

RECEIVED the report on environmental justice and a pilot program involving illegal

dumping; RECOGNIZED that the Board of Supervisors has adopted the definition of environmental justice as stated in California Government Code Section 65040.12; RECOGNIZED that each County department provides unique services to the community and has developed internal procedures, which allow for public participation and information sharing issues within the purview of the department; ADOPTED the County-wide policy with regard to environmental justice; DIRECTED the County Departments to designate an existing staff member as a Departmental Environmental Justice Representive; DIRECTED the County Administrator, in consultation with department heads, to designate an existing staff member as Environmental Justice Coordinator to be responsible for County-wide oversight of environmental justice in the long term; DIRCTED the Environmental Justice Committee to develop internal procedures for the oversight of issues or projects related to environmental justice; DIRECTED County Departments to formally report, on an annual basis and through the Environmental Justice Coordinator, to the Board of Supervisors on

their performance in the area of environmental justice; RECOGNIZED ongoing work on

illegal dumping as a pilot program; ESTABLISHED a task force consisting of representatives from those departments most involved in the resolution of illegal dumping; DIRECTED the task force to report back to the Ad Hod Committee in 90 days on the progress of developing and implementing a strategy to address the problem of illegal                  dumping; ACKNOWLEDGED duplication of effort by General Services Department and Public Works Department in the pick-up trash and DIRECTED the task force to address the issue of consolidation of effort between the departments; ACKNOWLEDGED that theCounty is experiencing severe budget constraints in the current fiscal year and beyond.

 

D.3            CONSIDER approving and authorizing the Sheriff-Coroner to execute a contract with Dialogic Communications, Inc., in the amount of $195,100 to provide an emergency telephone notification (ringdown) system for the period September 15, 2003 through September 14, 2006 and STIPULATE that the contract shall include performance incentives and penalties, as recommended by the Internal Operations Committee.  (Supervisor Uilkema) (All Districts)

ACKNOWLEDGED that in 1999, when the Board of Supervisors decided to continue its contract with the

Community Alert Network for provision of emergency telephone notification system services, it also

approved the notion of reviewing the contract again in three years, after other system providers gained

experience in the industry; ACKNOWLEDGED that with the transfer of responsibility for the emergency

telephone notification system from the Health Services Department to the Sheriff, the Board requested the

Sheriff to evaluate other system providers and report back to the Internal Operations Committee;

ACCEPTED the recommendation of the Project Team convened by the Sheriff to evaluate proposals

submitted by providers of emergency telephone notification systems, and ACKNOWLEDGED RECEIPT of

reports and information considered by the Internal Operations Committee in formulating its

recommendations; APPROVED selection of Dialogic Communications, Inc., (DCC) as the new system

provider and AUTHORIZED the Sheriff-Coroner to negotiate a contract with DCC in the amount of

$195,000 to provide an emergency telephone notification (ringdown) system plus two-years system

maintenance for the period September 15, 2003 through September 14, 2006; DIRECTED the County

Administrator to review and evaluate DCC’s financial statements; and DIRECTED staff to return to the

Board of Supervisors on October 7, 2003 with the final contract (subject to approval by County Counsel as

to form), including proposed performance incentives and penalties, and with the County Administrator’s

assessment of DCC’s financial position.

 

Closed Session. There were no Closed Session announcements.

 

 

1:30 P.M.

 

D.4           CONTINUED HEARING on applications filed by DeBolt Civil Engineering (Applicant) to rezone 49 acres located at #9601 Morgan Territory Road, Tassajara area to Heavy Agricultural (A-3); and an appeal by Save Mt. Diablo of the San Ramon Valley Regional Planning Commission’s decision to subdivide the 49 acres into four parcels and other related modifications.  (Bob Drake, Community Development Department) (District III)

DENIED the requests for rezoning from Exclusive Agricultural, A-80 district, to Heavy Agricultural, A-3 district (County File #RZ993074), Vesting Tentative Map application seeking to subdivide approximately 49-acres into four (4) parcels (County File #MS990002), Development Agreement application (County File #DA010122) on the property located at #9601 Morgan Territory Road in the Tassajara area DeBolt Civil Engineering (Applicant), Shepherd/Dorn (Owners), GRANTED the appeal of Save Mount Diablo; ADOPTED the Findings as the basis for Board action; DIRECTED the Building Inspection Director to undertake code enforcement investigation and appropriate action of this site in consultation with the Community Development Department and the Contra Costa Water District.

 

Contra Costa County Mayors' Conference

October 2, 2003

6:30 p.m.

Bunkers Grille

Brentwood Country Club

Brentwood, California

 

 

THE BOARD WILL NOT MEET ON SEPTEMBER 30, 2003

                                                                            

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. 2003/558 accepting as complete the contracted work performed by MCK Services, Inc., for the Pleasant Hill Road Overlay-Marsh Drive/Center Avenue Overlay project, as recommended by the Public Works Director, Pleasant Hill/Pacheco area.  (57% Measure C Funds & 23% City of Pleasant Hill Funds) (District IV)

 

C.2            ADOPT Resolution No. 2003/559 accepting as complete the contracted work performed by Ghilotti Construction Company, Inc., for the Wharf Drive/Pacifica Avenue Pedestrian Path project, as recommended by the Public Works Director, Bay Point area. (80% Measure C Funds & 20% Transportation Development Act Grant Funds) (District V)

 

C.3            APPROVE 2003 Microsurfacing project contingency fund increase in the amount of $20,000 for a new contingency fund total of $46,484, effective September 23, 2003; and APPROVE and AUTHORIZE the Public Works Director, or designee, to execute Contract Change Order No. 1 with California Pavement Maintenance Company, Inc., effective September 23, 2003, to increase the payment limit by $45,000 to a new payment limit of $311,321 for unforeseen extra work, South & Central County areas. (84% Measure C Funds & 16% Transportation for Clean Air Funds) (Districts II, III, IV)

 

C.4            APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Parsons Brinckerhoff Construction Services, Inc., in the amount of $60,000 to provide construction management and inspection services for the Asbury Graphite Leachfield Project, for the period September 1, 2003 through July 31, 2004, Rodeo area. (Contra Costa Transit Authority Funds) (District II)

 

C.5            ADOPT Resolution No. 2003/560 approving and authorizing the Public Works Director, to fully close a portion of Willow Lake Road on October 11, 2003 from 12:00 pm through 10:00 pm, for the purpose of a youth event, Discovery Bay area. (District III)

 

C.6            APPROVE and AUTHORIZE the Purchasing Agent, or designee, to issue a purchase order amendment for Serpa Trucking, effective September 23, 2003, to increase the payment limit by $27,587 to a new payment limit of $243,587 for truck transport services required for the 2003 Chip Seal Program, Countywide. (Local Road Funds) (All Districts)

 

C.7            ADOPT Traffic Resolution No. 2003/4033 declaring no vehicle shall travel in excess of 35 miles per hour on the portion of Fish Ranch Road (Road No. 2231), Orinda area, beginning at the intersection of Old Tunnel Road and extending northerly to the intersection of Grizzly Peak Boulevard/Claremont Avenue, Orinda area. (District II)

 

C.8            ADOPT Traffic Resolution No. 2003/4034 rescinding Traffic Resolution No. 1267 for Solveig Drive (Road No. 4245AT) and Blackwood Drive (Road No. 4245AR), which declares that all vehicles traveling northerly on Solveig Drive shall yield the right of way to traffic on Blackwood Drive, as the intersection is now stop controlled, Walnut Creek area.  (District IV)

 

C.9            ADOPT Traffic Resolution No. 2003/4035 rescinding Traffic Resolution No. 1266 for Murwood Drive (Road No. 4245AS) and Blackwood Drive (Road No. 4245AR), which declares that all vehicles traveling northerly on Murwood Drive shall yield the right of way to traffic on Blackwood Drive, as the intersection is now stop controlled, Walnut Creek area.  (District IV)

 

Engineering Services

 

C.10    MS 9-02:  ADOPT Resolution No. 2003/561 approving the parcel map for project being developed by Thomas and Kathy Baldocchi, Knightsen area. (District III)

 

C.11    RA 1078:  ADOPT Resolution No. 2003/562 accepting completion of warranty period and releasing cash deposit for faithful performance for project being developed by Community Housing Development, Richmond area.  (District I)

                                                                       

C.12    RA 1121:  ADOPT Resolution No. 2003/563 approving the road improvement agreement for Bixler Road being developed by Hofmann Land Development Co., Byron area. (District III)

 

C.13    RA 1144:  ADOPT Resolution No. 2003/564 approving the road improvement agreement for Oasis Drive being developed by Hofmann Land Development Co., Byron area. (District III)

 

C.14    SUB 7647:  ADOPT Resolution No. 2003/565 approving the final map and subdivision agreement for project being developed by Ashley V Partners, Walnut Creek area. (District III)

 

C.15    SUB 8250:  ADOPT Resolution No. 2003/566 accepting completion of warranty period and releasing cash deposit for faithful performance for project being developed by Schuler Homes of California, Inc., Rodeo area.  (District II)

 

C.16    SUB 8570:  ADOPT Resolution No. 2003/*567 approving the final map and subdivision agreement for project being developed by Hofmann Land Development, Byron area. (District III)

 

C.17    SUB 8570:  ADOPT Resolution No. 2003/568 approving the subdivision agreement (right-of-way landscaping) for project being developed by Hofmann Land Development Co., Byron area. (District III)

 

C.18    SUB 8570:  ADOPT Resolution No. 2003/569 approving the drainage improvement agreement for project being developed by Hofmann Land Development, Byron area. (District III)

 

C.19    SUB 8570:  ADOPT Resolution No. 2003/570 accepting drainage release for project being developed by Fallman Land Investment Company, Byron area.  (District III)

 

C.20    SUB 8570:  ADOPT Resolution No. 2003/571 accepting release and indemnity (levee failure) for project being developed by Fallman Land Investment Company, Byron area. (District III)

 

C.21    SUB 8570:  ADOPT Resolution No. 2003/572 accepting grant deed of development rights (creek structure setback) for project being developed by Fallman Land Investment Company, Byron area.  (District III)

 

C.22            ADOPT Resolution No. 2003/573 accepting and declaring Pullman Avenue (from Bella Monte Avenue to Crivello Avenue) as a County road, North Broadway Area Infrastructure Program – Phase 2 (00), Bay Point area.  (District V)

 

Special Districts & County Airports

 

C.23            AMEND Board action of July 22, 2003 (Item C.9), which approved leases with Buchanan Field Airport T-hangar and shade hangar tenants, to correct the effective date to read May 1, 2003, Pacheco area.  (No Funding Involved) (District IV)

 

C.24            APPROVE and AUTHORIZE the Public Works Director, or designee, to execute leases for hangars at Buchanan Field Airport with Joe Pucci and Donald Keeley, effective August 1, 2003 and August 11, 2003, respectively; and Art Kasper and Phil Stapleton, effective September 1, 2003, Pacheco area. (Revenues accrue to the Airport Enterprise Fund) (District IV)

 

C.25    FIND that removing the sediment from the Wildcat Creek Sediment Basin constitutes channel protection and maintenance covered by Public Contract Code section 21191(b), and APPROVE and AUTHORIZE the Chief Engineer, Flood Control Water Conservation District or designee, to execute a contract with Gilbert Excavating, Inc., in the amount of $100,000 to provide desilting of the basin for the period September 23, 2003, through October 17, 2003, North Richmond area. (Flood Control Zone 7 Funds) (District I)

 

C.26            ADOPT Resolution No. 2003/574 approving and authorizing the conveyance of Flood Control and Water Conservation District (District) surplus property to the City of Brentwood for park, trail, and utility purposes, pursuant to state law, and authorizing the Chair, Board of Supervisors to execute a Grant Deed on behalf of the District, Brentwood area. (No funding involved) (District III)

 

 

C.27            ADOPT Resolution No. 2003/575 approving the sale of a Contra Costa County Fire Protection District’s surplus real property identified as Assessor’s Parcel No. 071-101-017, located 2900 Lone Tree Way, Antioch area, in the amount of $455,000, and authorizing the Chair, Board of Supervisors, to execute the Option Agreement and Grant Deed to Teslim Oladunjoye. (Revenue $455,000) (District V)

 

C.28            APPROVE and AUTHORIZE William R. Gray, Gray·Bowen Company, Inc., General Manager of the Canyon Lakes Geologic Hazard Abatement District, to execute a license agreement with Sequoia Equities, the owner of the property located at 725/735 Watson Canyon Court for the joint repair of a landslide on said property, San Ramon area. (Canyon Lakes Geologic Hazard Abatement District Funds) (District III)

 

Claims, Collections & Litigation

 

C.29    DENY claims of Timara Ruthland, George O’Donnell and Estate of Joseph Jordon O’Donnell, Deceased; Eddie Ty; Terance Low; and two claims for California State Automobile Association.

 

Hearing Dates

 

C.30            ADOPT Resolution No. 2003/576 accepting the Engineer’s Report for County Service Area L-100, LP 012108 and fixing a hearing for December 2, 2003 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed, Concord area. (District IV)

 

Honors & Proclamations

 

C.31              ADOPT Resolution No. 2003/520 proclaiming October 2003 as "Domestic Violence Awareness Month in Contra Costa County", as recommended by Supervisor DeSaulnier.  (All Districts)

 

Ordinances

 

C.32            ADOPT Ordinance No. 2003-20, introduced September 16, 2003, extending the term of the East County Regional Planning Commission and San Ramon Valley Regional Planning Commission to October 7, 2007.  (All Districts)

 

Appointments & Resignations

 

C.33    RE-APPOINT Joan Tomasini, Justice Gotfried, Deirdre Ruscitti, and Matt Hudkins as District IV representatives to the Countywide Youth Commission, as recommended by Supervisor DeSaulnier.  (District IV)

 

C.34    RE-APPOINT David Kahler as District IV Member at Large on the Mental Health Commission, as recommended by Supervisor DeSaulnier.  (District IV)

 

C.35           APPOINT Supervisor Millie Greenberg as the Board of Supervisors representative to the ABAG (Association of Bay Area Governments) Regional Planning Committee, as recommended by Supervisor DeSaulnier.  (All Districts)

 

C.36           APPOINT Peter Chau, Christa Whitney, Rebecca Schwartz, Justin Suarez, Jessica Arndt, Andrew Lai, Angela Schlegel, Ada Edwards, and Michael Wang to the Countywide Youth Commission, as recommended by the Internal Operations Committee.  (All Districts)

 

C.37           APPOINT Charlotte Standefer, M.D. to the Commission for Women, as recommended by the Internal Operations Committee.  (All Districts)

 

C.38    RE-APPOINT Kathleen Robinson, Lisa Gallup, José E. Guerrero, Jr., Tom Kilpatrick, John Sakamoto, Bruce Hall, Barbara Becnel, Linda Best, Charles Spence, Joseph Goglio, Carol Hyland, Charles Spence and Lily Aman, and APPOINT Robert Lattimore, Kenneth B. Baker, David Miller and Tony Colón to the Workforce Development Board, as recommended by the Internal Operations Committee.  (All Districts) 

 

C.39           APPOINT Melissa Meighan to the Alcohol and Other Drugs Advisory Board, as recommended by the Internal Operations Committee.  (All Districts)

 

C.40           DECLARE vacant Public Agency Seat 2 (Central and South County), TRANSFER Kate Ertz-Berger from Discretionary Seat 3 (Central and South County) to Community Seat 2 (Central and South County), DIRECT the Clerk of the Board to post the vacancies, and APPOINT Sylvia Cabrales and Stella Walker to the Local Planning Council for Child Care and Development, as recommended by the Family and Human Services Committee.  (All Districts)

 

C.41           APPOINT Gregory Longo as  the District V representative on the In Home Supportive Services Authority Advisory Committee, as recommended by Supervisor Glover.  (District V)

 

C.42    RE-APPOINT Elizabeth King-Swafford and APPOINT Jimmie Levern Cromartie to the Family and Children Services Advisory Committee, as recommended by Supervisor Glover.  (District V)

 

C.43           APPOINT Toni Teixeira to the First 5, Contra Costa Children and Families Commission, as recommended by Supervisor Glover.  (District V)

 

C.44           APPROVE the providers recommended by the Contra Costa Health Plan Quality Council on August 22, 2003.  (All Districts)

 

Appropriation Adjustments  - 2003/2004 FY

 

C.45           Probation Facilities (0309)/Probation Programs (0308):  AUTHORIZE transfer in the amount of $229,255 from Probation Facilities to Probation Programs to more accurately reflect anticipated revenues in Fiscal Year 2003/2004.  (All Districts)

 

C.46    Plant Acquisition (0111):  AUTHORIZE new revenue in the amount of $35,888,037 from restricted donations, reserved funds and bonds, and APPROPRIATE for specified capital projects.  (All Districts)

 

C.47           APPROVE adjustments to close out the 2002/2003 County Budget and Special Districts Budget; and APPROVE final changes in the 2003/2004 County Budget and Special Districts Budget, including designations and changes to appropriations, revenues, reserves and fund balances consistent with Board’s direction on June 24, 2003, as recommended by the County Administrator.  (All Districts)

 

Intergovernmental Relations

 

C.48            SUPPORT S. 333 (Elder Justice Act) and H.R. 2490 (Elder Justice Act), which would increase federal funding of local efforts to combat elder abuse and AUTHORIZE the Chair, Board of Supervisors, to execute a letter of support to members of the Contra Costa County Federal Legislative Delegation, as recommended by the Employment and Human Services Director and the District Attorney.  (All Districts)

 

C.49           ACCEPT report from the Transportation, Water and Infrastructure Committee on the status of activities to reauthorize Measure C-88, a one-half cent sales tax for transportation improvement and growth management; and AUTHORIZE Committee staff to send a letter to Contra Costa Transportation Authority responding to the recirculated Notice of Preparation for the Countywide Transportation Plan and Proposed Sales Tax Reauthorization.  (All Districts) 

 

C.50           ACCEPT report from the Transportation, Water and Infrastructure Committee on state legislation and related ballot measures regarding transportation.  (All Districts)

 

Personnel Actions

 

C.51            ADOPT Resolution No. 2003/577 canceling ten FACS Associate Teacher-Project positions in the Community Services Department to realize additional cost-savings in part-day Head Start classrooms and directing the Community Services Director to issue lay off or displacement notices to affected employees.  (All Districts)

 

C.52    ADD one Eligibility Work Supervisor position, one Eligibility Work Specialist position, three Social Service Program Assistant positions, one Clerk-Senior Level position, and four Medi-Cal Program Assistant positions for CalWIN implementation in the Employment and Human Services Department.  (Budgeted, 42% Federal, 42% State, 16% County)  (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.53            APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute a contract with California Department of Transportation to reimburse the County up to $20,000 for specific work activities related to ground squirrel control for the period August 1, 2003 through July 31, 2005.  (No County match) (All Districts)

 

C.54            APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply for and accept Stuart Foundation Grant funds in the amount of $25,000 to develop relationships with community partners and enhance the team decision making process for fiscal year 2003/2004.  (No County Match)  (All Districts)

 

C.55            APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply for and accept U.S. Department of Justice Weed and Seed Grant funds in the amount of $225,000 to provide after school activities for youth and teens, substance abuse prevention and community crime prevention education for the period July 1, 2004 through September 30, 2005.  (No County Match)  (Districts I and II)

 

C.56            APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, on behalf of the Workforce Development Board, to execute a contract amendment with Oakland Private Industry Council, Inc., to increase the amount paid to the County by $38,400 to a new payment limit of $102,400 for the East Bay Works Regional Grant Technology-to-Teachers Initiative, to provide case management services to twelve additional Workforce Investment Act clients for the period July 1, 2002 through June 30, 2004.  (No County Match)  (All Districts)

 

C.57            APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with the State Department of Alcohol and Drug Programs, effective July 1, 2002, to decrease the payment limit by $218,658 to a new payment limit of $10,616,069 to reflect a decrease in State and Federal Drug Medi-Cal funding for substance abuse services for fiscal year 2002/2003.   ($65,736 County Match, Budgeted)

 

APPROVE and AUTHORIZE execution of agreements between the County and the following parties

as noted for the purchase of equipment and/or services:

 

C.58            APPROVE and AUTHORIZE the Chief Information Officer, or designee, to execute a contract with SBC in the amount of $240,000 to provide long distance, toll free, calling card and pay phone services for the period November 1, 2003 through October 31, 2006.  (Cost savings) (All Districts)

 

C.59            APPROVE and AUTHORIZE the Community Development Director, or designee, to execute a contract amendment with Scheidegger & Associates, effective September 24, 2003, to increase the payment limit by $52,400 to a new payment limit of $230,800 and to extend the term from September 30, 2003 through September 30, 2004 to provide additional environmental impact reporting services related to the Bulk Materials Processing Center located at the West Contra Costa Sanitary Landfill.  (Applicant Fees) (Districts I, II)

 

C.60            APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Evans Brothers, Inc., effective September 3, 2003, to increase the payment limit by $3,000 to a new payment limit of $42,392 for demolition services in connection with the Hookston Station Relocations Project (Ashby Lumber site), Pleasant Hill area.  (County Redevelopment Funds) (District IV)

 

C.61            APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with Contra Costa County Office of Education in the amount of $39,169 to continue to provide refugee employment services and coordinate a refugee awareness event for the period October 1, 2003 though September 30, 2004.  (Budgeted, 100% Federal Refugee Employment Social Service Funds)  (All Districts)

                                                                             

 

C.62            APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, on behalf of the Workforce Development Board, to execute a contract with Workforce Information Group, Inc., in the amount of $100,000 to provide local market labor research and produce the 2003/2004 Occupational Outlook Report and Training Directory for Contra Costa County and a supplemental Career Ladder information report for the period September 24, 2003 through January 31, 2004.  (Budgeted, 100% State Economic Development Department Labor Market Information Grant)  (All Districts)

 

C.63            APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Murray Eiland, M.D., in an amount not to exceed $127,000 to provide psychiatric services at the Concord Adult Mental Health Clinic for the period August 1, 2003 through July 31, 2004.  (Budgeted, 100% Mental Health Realignment)  (All Districts)

 

C.64            APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Rubicon Programs, Inc., in an amount not to exceed $268,554 to provide vocational, money management and other homeless support services to homeless clients with a diagnosis of mental illness or dual-diagnosis of mental illness and substance abuse for the period August 15, 2003 through June 30, 2004.  (Budgeted, 100% State Supportive Housing Initiative Act)  (All Districts)

 

C.65            APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Mental Health Consumer Concerns, Inc., in an amount not to exceed $94,925 to provide peer-counseling services to homeless clients for the period August 15, 2003 through June 30, 2004.  (Budgeted, 100% State Supportive Housing Initiative Act)  (All Districts)

 

C.66            APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Smartsource, Inc. in an amount not to exceed $200,000 to continue to provide temporary computer programmers and technicians for the period October 1, 2003 through September 30, 2004.  (Budgeted, Enterprise I: 15.8% County, 84.2% Patient/Third Party Revenues)  (All Districts)

 

C.67            APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a novation contract with La Cheim School, Inc., in an amount not to exceed $96,696 to continue to provide therapeutic behavioral services to children under 21 for the period July 1, 2003 through June 30, 2004, with an automatic extension through December 31, 2004 in an amount not to exceed $48,348.  (Budgeted, 50% Federal Medi-Cal, 50% State EPSDT)  (All Districts)

 

C.68            APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a novation contract with Telecare Corporation in an amount not to exceed $1,128,101 to continue to provide subacute care to severely and persistently mentally ill clients at the Villa Fairmont Mental Health Center, Garfield Mental Health Center, Gladman Psychiatric Health Facility, and Morton Bakar Center for the period July 1, 2003 through June 30, 2004, with an automatic extension through December 31, 2004 in an amount not to exceed $564,053.  (Budgeted, 100% Mental Health Realignment)  (All Districts)

 

C.69            APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Martha E. Corcoran, M.D., in an amount not to exceed $435,000 to continue to provide professional otolaryngology services at Contra Costa Regional Medical Center for the period October 1, 2003 through September 30, 2006.  (Budgeted, Enterprise I: 15.8% County, 84.2% Patient/Third Party Revenues)  (All Districts)

 

C.70            APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Island View Academy in an amount not to exceed $40,150 to continue to provide an intensive day treatment program, mental health services, medication support, and case management services for mentally or emotionally disturbed children as required under AB3632 for the period July 1, 2003 through June 30, 2004, with an automatic extension through December 31, 2004 in an amount not to exceed $20,075.  (Budgeted, 100% State SB90 Funds)  (All Districts)

 

C.71            APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with East Bay Cardiology Medical Group, Inc., in an amount not to exceed $39,000 to continue to provide professional cardiology services at the Richmond Health Center for the period October 1, 2003 through September 30, 2005.  (Budgeted, Enterprise I: 15.8% County, 84.2% Patient/Third Party Revenues)  (District I)

 

C.72            APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Opportunity West, Inc., in an amount not to exceed $54,400 to provide needle exchange services to reduce transmission of HIV infection and hepatitis C among injection drug users, their partners, and from women to their children for the period September 1, 2003 through August 31, 2004.  (Budgeted, 100% County General Funds)  (All Districts)

 

C.73            APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Pittsburg Preschool and Community Council, Inc., effective September 1, 2003, to decrease the payment limit by $17,908 to a new payment limit of $157,964 to accurately reflect the services to be provided, with no change in the term of March 1, 2003 through February 29, 2004.  (Budgeted, 100% Federal Ryan White CARE Act)  (All Districts)

 

C.74            APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Desarrollo Familiar, Inc., effective September 1, 2003, to increase the payment limit by $4,017 to a new payment limit of $181,125 to provide HIV support services to additional County clients, with no change in the term of March 1, 2003 through February 29, 2004.  (Budgeted, 100% Federal Ryan White CARE Act)  (All Districts)

 

C.75            APPROVE and AUTHORIZE the Health Services Director, or designee to execute a contract amendment with New Connections, Inc., effective September 1, 2003, to increase the payment limit by $156 to a new payment limit of $272,496 to provide HIV support services to additional County client, with no change in the term of March 1, 2003 through February 29, 2004.  (Budgeted, 100% Federal Ryan White CARE Act)  (All Districts)

 

C.76            RATIFY Health Services Department purchase of services from Greyline Cab Company, and AUTHORIZE the Auditor-Controller to pay $4,500 outstanding balance for non-emergency patient transportation services for Contra Costa Regional Medical Center patients for the period July 1, 2002 through June 30, 2003.  (Enterprise I: 15.8% County, 84.2% Patient/Third Party Revenues)  (All Districts)

 

C.77            RATIFY Health Services Department purchase of services from Women's Cancer Center, and AUTHORIZE the Auditor-Controller to pay $73,967.53 outstanding balance for obstetric and gynecology services at Contra Costa Regional Medical Center and Contra Costa Health Centers for the period May 1, 2002 through April 30, 2003.  (Enterprise I: 15.8% County, 84.2% Patient/Third Party Revenues)  (All Districts)

 

C.78            ADOPT Resolution No. 2003/578 approving and authorizing the Chair, Board of Supervisors, to execute the Contra Costa Clean Water Program Agreement amendment with the Flood Control and Water Conservation District, effective July 1, 2003, to extend the term through 2010 for participation in the implementation of the Joint Municipal National Pollutant Discharge Elimination System Permit, Countywide. (County Clean Water Funds) (All Districts)

RELISTED to October 7, 2003 consideration to ADOPT Resolution No. 2003/578 approving and authorizing the Chair, Board of Supervisors, to execute the Contra Costa Clean Water Program

Agreement amendment with the Flood Control and Water Conservation District, effective July 1,

2003, to extend the term through 2010 for participation in the implementation of the Joint

Municipal National Pollutant Discharge Elimination System Permit, Countywide

 

C.79            ADOPT Resolution No. 2003/579 approving and authorizing the Chair, Board of Supervisors, to execute the Stormwater Utility Area Agreement with the Flood Control and Water Conservation District, effective September 23, 2003, to participate in the Joint Municipal National Pollutant Discharge Elimination System Permit, and terminating the previous Stormwater Utility Area Agreement with the Contra Costa County Flood Control and Water Conservation District in accordance with the agreement termination provisions of said agreement, Countywide. (County Clean Water Program Funds) (All Districts)

RELISTED to October 7, 2003 consideration to ADOPT Resolution No. 2003/579 approving and authorizing the Chair, Board of Supervisors, to execute the Stormwater Utility Area Agreement

with the Flood Control and Water Conservation District, effective September 23, 2003, to

participate in the Joint Municipal National Pollutant Discharge Elimination System Permit, and

terminating the previous Stormwater Utility Area Agreement with the Contra Costa County Flood

Control and Water Conservation District in accordance with the agreement termination provisions

of said agreement, Countywide

 

C.80            APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Delta Personnel Services, Inc. (dba Guardian Security Agency), in an amount not to exceed $109,440 to continue to provide security guard services to Antioch Child and Adolescent Mental Health Services and East County Mental Health Clinic for the period July 1, 2003 through June 30, 2004.  (Budgeted, 100% Mental Health Realignment)  (All Districts)

RELISTED to October 7, 2003 consideration to APPROVE and AUTHORIZE the Health Services Director,

or designee, to execute a contract with Delta Personnel Services, Inc. (dba Guardian Security Agency), in

an amount not to exceed $109,440 to continue to provide security guard services to Antioch Child and

Adolescent Mental Health Services and East County Mental Health Clinic for the period July 1, 2003

through June 30, 2004. 

 

C.81            APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, on behalf of the Workforce Development Board, to execute a contract with Rubicon Programs, Inc., in an amount not to exceed $76,000 to provide out-of-school youth services in West County for the period September 1, 2003 through June 30, 2004.  (Budgeted, 100% Federal Workforce Investment Act)  (Districts I and II)

                                                                              

Leases

 

C.82            APPROVE and AUTHORIZE the General Services Director, or designee, to terminate the lease agreement with Contra Costa Community College District, effective September 30, 2003, for the ground lease located along Campus Drive, San Pablo, on behalf of the Community Services Department. (District I)

 

C.83            APPROVE and AUTHORIZE the General Services Director, or designee, to execute a lease amendment, commencing October 1, 2003, with Earl D. Dunivan and Joanne Dunivan for the premises at 3755 Alhambra Avenue, Suite 9, Martinez, to add additional space as requested by the Employment and Human Services Department. (Budgeted) (District II)

 

C.84            APPROVE and AUTHORIZE the General Services Director, or designee, to execute a ten-year lease with the Mt. Diablo Unified School District of Contra Costa County in the amount of $1.00 per year use of vacant land at 2400 Lisa Lane, Pleasant Hill, by the Community Services Department for operation of the Fair Oaks Head Start Program for the period October 1, 2003 through September 30, 2013, and ADOPT the Mitigated Negative Declaration and Mitigation Monitoring Program prepared for the project.  (Budgeted) (District IV)

 

Other Actions

 

C.85            AUTHORIZE the Chair, Board of Supervisors, to execute the Fiscal Year 2003/2004 County Subvention Program Certificate of Compliance and Medi-Cal Cost Avoidance Program Agreement, as administered by the California Department of Veterans Affairs.  (All Districts)

 

C.86            AUTHORIZE the discharge from accountability for specified Health Services accounts, which have been determined to be uncollectible, as recommended by the County Administrator.  (All Districts)

 

C.87            APPROVE and AUTHORIZE the County Librarian to conduct a Library 5K Fun Run fundraising event for the County Library to be held at the conclusion of National Library Week on April 25, 2004 in Pleasant Hill, and AUTHORIZE the County Librarian to enter into specified agreements with local agencies and businesses in order to carry out this event.  (Costs offset by recent proceeds) (All Districts)

 

C.88            AUTHORIZE submission of the Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2002/2003 Community Development Block Grant (CDBG), HOME Investment Partnerships Act (HOME) and Emergency Shelter Grants (ESG) programs to the U.S. Department of Housing and Urban Development (HUD), as recommended by the Community Development Director.  (All Districts)

 

C.89            ACCEPT report on the status of the Healthy Families Program and Medi-Cal outreach, as recommended by the Family and Human Services Committee.  (All Districts)

 

C.90            ADOPT Resolution No. 2003/580 accepting as complete the work performed by Sausal Corporation for the remodel of a new courtroom at 100 37th Street, Richmond, for the Superior Court, as recommended by the General Services Director.  (District I)

 

C.91            ADOPT Resolution No. 2003/581 accepting as complete the work performed by American Civil Constructors, Inc., for the Softball Field at Orin Allen Youth Rehabilitation Facility, 4491 Bixler Road, Byron, for the Probation Department, as recommended by the General Services Director.  (District III)

 

C.92            APPROVE plans and specifications for the Iron Horse Greenspace/Respite Area Park, Pleasant Hill, for the Community Development Department, and DIRECT the Clerk of the Board to advertise for bids to be received on October 30, 2003. (100% County Redevelopment Agency and County Park Dedication Funds.) (District IV)

 

C.93            CONTINUE the emergency action originally taken by the Board of Supervisors on August 5, 2003 regarding the construction of the Asbury Graphite Wastewater System as recommended by the Public Works Director, Hercules area. (District II)

 

C.94            CONTINUE the emergency action originally taken by the Board of Supervisors on June 17, 2003 regarding the repair of the San Ramon Creek Storm Drainage at Casa Vallecita, as recommended by the Chief Engineer, Alamo area. (Flood Control Zone 3B Funds) (District III) 

                                                                  

C.95            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.96            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.97            CONVERT membership of the Ad Hoc Committee on the Urban Limit Line Voter Initiative to a committee of the whole Board of Supervisors, as requested by the Board of Supervisors on September 15, 2003.  (All Districts)

 

C.98            APPROVE plans and specifications for the Headstart complex at MontaraBay Community Center, 2250 Tara Hills Drive, Pinole, for the Community Services Department and DIRECT the Clerk of the Board to advertise for bids to be received October 9, 2003.  (Health and Human Services Headstart Grant) (District I)

 

Redevelopment Agency

 

C.99            APPROVE and AUTHORIZE the Redevelopment Director to execute a contract amendment with RBF Consulting, effective July 1, 2003, to increase the payment limit by $35,885 to a new payment limit of $287,285 to allow for completion of construction management and construction inspection services at the BART patron temporary parking lot on the former Las Juntas Swim Club site.  (District IV)

 

 

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 (Supervisors Millie Greenberg and 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  9:15 A.M. in Room 105, County Administration Building, 651 Pine Street, Martinez.

 

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

 

Transportation, Water & Infrastructure Committee

10-06-03

  9:00 a.m.

See above

 

Internal Operations Committee

10-06-03

  9:15 a.m.

See above

 

Family & Human Services Committee

10-06-03

11:00 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, September 23, 2003, 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; 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 East County 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))

1. Themis Loukos, et al. v. State of California, et al., C.C.C. Superior Court No. C 03-02210

 

C.             CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION  Significant exposure to litigation pursuant to Gov. Code, § 54956.9(b):  One potential case