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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, FEBRUARY 3, 2004

 

The Board of Supervisors respects your time, and every attempt is made to accurately estimate when an item may be heard by the Board.  All times specified for items on the Board of Supervisors agenda are approximate.  Items may be heard later than indicated depending on the business of the day.  Your patience is appreciated.

 

PROJECTED

___TIME____

10:00 A.M.      Convene and announce adjournment to Closed Session, Room 105.

                              There were no Closed Session announcements.

 

10:30 A.M.      Call to order and opening ceremonies.

 

Inspirational Thought  -  “Imagine what a harmonious world it could be if every single person, both young and old, shared a little of what he is good at doing.”  ~Quincy Jones

 

CONSIDER  CONSENT  ITEMS   - Approved except as listed..

                      

HOUSING AUTHORITY CONSENT ITEMS Approved as listed.

 

HA.1    AWARD and AUTHORIZE the Housing Authority Executive Director to execute a construction contract in the amount of $1,185,000 with Gansek, Inc., the lowest responsive and responsible bidder for the Kidd Manor Comprehensive Modernization Project, San Pablo area, and take related actions.  (100% U. S. Department of Housing and Urban Development funds; budgeted) (District I)

           

HA.2    APPROVE and AUTHORIZE the Housing Authority Executive Director to execute a Grant of Easement to Comcast of Contra Costa, Inc., to provide cable television service to DeAnza Gardens in Bay Point.  (No financial impact) (District V)

 

10:35 A.M.

 

PRESENTATIONS Approved as listed.

 

PR.1    PRESENTATION of Contra Costa Food Bank commendation and to adopt Resolution No. 2004/49 memorializing the results of the Annual Food Drive and award of the 2003 Challenge Cup.  (Supervisor Glover; Contra Costa Food Bank) (All Districts)

 

PR.2    PRESENTATION announcing the Youth Summit to be held on March 20, 2004 at Los Medanos College in Pittsburg by Countywide Youth Commission.  (Marilyn Lewis, City of Pittsburg) (All Districts)

 

PR.3    PRESENTATION to adopt Resolution No. 2004/27 recognizing and congratulating Dan Pellegrini of the Public Works Department on the occasion of his retirement after 38 years of County service, as recommended by the Public Works Director.  (Maurice Shiu, Public Works Director) (All Districts)

 

11:00 A.M.

 

SHORT DISCUSSION ITEMS - Approved as listed except as noted below:

 

SD.1    CONSIDER any Consent Items previously removed.

 

SD.2    HEARING on the appeal of Bobby and Dorothy Queens (Owners) from the decision of the County Abatement Officer declaring a public nuisance on property located at 161 Shore Road, Bay Point.  (Fred Wright, Building Inspection Department) (District V)

  CLOSED the Public Hearing; DENIED the appeal by Bobby and Dorothy Queens, on the Property  located at 161 Shore Road, Bay Point; AFFIRMED the determinations of the County Abatement Officer and DIRECTED the County Abatement Officer to proceed and perform the work of the  abatement 30 days from the date of the mailing.

 

 

 

SD.3    HEARING on annual street lighting charges for County Service Area L-100, LP012142; TABULATE mailed–in ballots, DETERMINE whether a majority protest exists, and CONSIDER adoption of Resolution No. 2004/59 determining charges, confirming final report, approving annexation, and levying charges on the tax roll, Alamo area. (Skip Epperly, Public Works Department) (District III)

            CLOSED the Public Hearing on annual street lighting charges for County Service Area L-100, LP012142; TABULATE mailed–in ballots, DETERMINED whether a majority protest exists, and ADOPTED Resolution No. 2004/59 determining charges, confirming final report, approving annexation, and levying charges on the tax roll, Alamo area.

 

SD.4    CONSIDER approving and adopting the countywide Capital Road Improvement Program for fiscal years 2003/2004 through 2009/2010, as recommended by the Transportation, Water and Infrastructure Committee.  (Supervisor Gioia; Maurice Shiu, Public Works Director) (All Districts)

            APPROVED and ADOPTED the countywide Capital Road Improvement Program for fiscal years 2003/2004 through 2009/2010, as recommended by the Transportation, Water and Infrastructure Committee.  

 

DELIBERATION ITEMSApproved as listed except as noted below:

 

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

 

D.2      CONSIDER positions on Proposition 55, The Kindergarten-University Public Education Bond Act of 2004; Proposition 57, the California Economic Recovery Bond Act; and Proposition 58, the California Balanced Budget Act.  (John Sweeten, County Administrator) (All Districts)

           ADOPTED a position of support on Proposition 55, The Kindergarten-University Public  Education Bond Act of 2004; Proposition 57, the           California Economic Recovery Bond Act; and Proposition 58, the California Balanced Budget Act.

 

Closed Session There were no Closed Session announcements.

 

 

1:00 P.M.

 

D.3      HEARING on the recommendation by the San Ramon Valley Regional Planning Commission to approve the request of Gary Balsdon (Applicant) and Jeff Murdoch (Owner) to rezone 1.026 acres at 305 Miranda Lane in the Alamo area from General Agriculture (A-2) to Single Family Residential R-20 District and to approve a vesting tentative map to subdivide 1.026 acres into two parcels and a variance on Parcel “A” to allow an average lot width of 102 feet where a minimum of 120 feet is required.  (Catherine Kutsuris, Community Development Department) (District III)

CLOSED the public hearing; ADOPTED the Mitigated Negative Declaration and Mitigation Monitoring Program prepared for this project as adequate for the purposes of compliance with the California Environmental Quality Act; ADOPTED the recommendation  of the San Ramon Valley Regional Planning Commission, as contained in Resolution No. 6- 2004, to rezone a 1.026-acre parcel from General Agricultural (A-2) to Single Family Residential (R-20); ADOPTED the finding contained in the San Ramon Valley Regional  Planning Commission Resolution No. 6-2004 as the basis for the Board’s action; INTRODUCED Ordinance 2004-04 giving effect to the aforesaid rezoning; WAIVED  reading and set February 10, 2004 for adoption; DIRECTED the Community Development   Department to post a Notice a Determination with the County Clerk.

 

Contra Costa County Mayors’ Conference

February 5, 2004

6:30 p.m.

Union Facility at I.B.E.W.

Local Union 302

1875 Arnold Drive

Martinez, CA

 

CONSENT ITEMS

 

(Items are subject to removal from Consent Calendar by request of any Supervisor or on request for discussion by a member of the public).

 

Road and Transportation

 

C.1      APPROVE Project plans and specifications, AWARD and AUTHORIZE the Public Works Director, or designee, to execute a contract in the amount of $1,964,533 to St. Francis Electric, the lowest responsive and responsible bidder for the Parker Avenue Utility Undergrounding project, Rodeo area, and take other related actions. (35.1% Southwestern Bell Company Rule 32 Tariff Funds, 33% Pacific Gas and Electric Rule 20 Utility Tariff Funds, 16.3% Comcast Utility Tariff Funds, and 15.6% Redevelopment Agency Funds) (District II)

 

C.2      ADOPT Traffic Resolution No. 2004/4050 prohibiting parking between the hours of 12:00 a.m. and 5:00 a.m., on the east side of Berry Drive (Road No. 3975M) beginning at a point 700 feet north of the center line of Center Avenue and extending northerly to the intersection of Mobile Drive a distance of 1,950 feet, and on both sides beginning from the intersection of Mobile Drive and extending northerly to the end distance of 300 feet, and rescinding existing Traffic Resolution No. 3974, Pacheco area. (District IV)

 

Engineering Services

 

C.3      MS 19-01: ADOPT Resolution No. 2004/60 approving the parcel map for project being developed by Warren J. Wilkie and Vilma L. Wilkie, Walnut Creek area. (District III)

 

Special Districts & County Airports

 

C.4      DETERMINE that the Application of Algaecides to Flood Control Channels Project is a California Environmental Quality Act Class 1 Categorical Exemption; and APPROVE the Project, Concord, Pleasant Hill, and Walnut Creek areas, as recommended by the Chief Engineer, Flood Control and Water Conservation District. (Zone 3B Funds) (District III & IV)

                 RELISTED to an undetermined date; Determine that the Application of Algaecides to Flood

                 Control Channels Project is a California Environmental Quality Act Class 1 Categorical

                 Exemption; and Approve the project, Concord, Pleasant Hill, and Walnut Creek areas, as

                 recommended by the Chief Engineer, Flood Control and Water Conversation District (Zone

                 3B Funds).               

 

Statutory Actions

 

C.5      APPROVE minutes for the month of January.

 

C.6      DECLARE certain ordinances duly published.

 

Claims, Collections & Litigation

 

C.7      DENY claims of Lamos W. Sturgis; Edward L. Turner; Shelly Newton; and Jeffrey G. Nelson.

 

Hearing Dates

 

C.8      FIX February 24, 2004 at 9:30 a.m. for a public hearing on the proposed increase of certain forensic service fees and to set fees for new investigative services; and DIRECT the Clerk of the Board to publish required notices pursuant to Government Code 6061, as recommended by the Sheriff-Coroner.  (All Districts)

 

Honors & Proclamations

 

C.9      ADOPT Resolution No. 2004/23 proclaiming February 2004 as “Black History Month”, and February 3, 2004 as “Black Families Association of Central Contra Costa County Day” in Contra Costa County, as recommended by Supervisor DeSaulnier.  (All Districts)

 

Ordinances

 

C.10    INTRODUCE Ordinance No. 2004-03 to exclude the class of Executive Assistant to the County Administrator-Exempt from the Merit System, WAIVE reading, and FIX February 10, 2004 for adoption.  (All Districts)

 

Appointments & Resignations

 

C.11    MOVE Randall Nahas to the Appointee 3 seat on County Service Area R-7A Citizens Advisory Committee, DECLARE vacant the Alternate 1 seat and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Greenberg.  (District III)

 

C.12    ACCEPT resignations of Tom Kilpatrick and Jack Welsh from the Workforce Development Board, DECLARE vacant the Business 9 and Business 15 seats, and DIRECT the Clerk of the Board to post the vacancies, as recommended by the Workforce Development Board.  (All Districts)

 

Intergovernmental Relations

 

C.13    SUPPORT the Town of Danville’s request to the Contra Costa Transportation Authority (CCTA)  to reprogram $300,000 of Measure C funds from the Stone Valley Road Circulation Improvements Project  to the Camino Tassajara Circulation Improvements Project, Alamo/Danville area.  (No County fiscal impact) (District III)

 

C.14    AFFIRM SUPPORT for Assembly Constitutional Amendment 10, which would exempt fees or charges for “stormwater and urban runoff management” from Proposition 218 ballot provisions, and AUTHORIZE the Chair, Board of Supervisors, to execute a letter to Assemblymember Tom Harman, author of ACA 10, affirming the Board of Supervisors support, as recommended by the Transportation, Water and Infrastructure Committee.  (All Districts)

 

C.15    AUTHORIZE the Chair, Board of Supervisors, to execute a letter to Senators Dianne Feinstein and Barbara Boxer expressing concerns on HR6, an energy bill that would provide “safe harbor” to gasoline producers for claims against their use of MTBE (Methyl Tertiary Butyl Ether), as recommended by the Transportation, Water and Infrastructure Committee.  (All Districts)

 

C.16    SUPPORT federal Senate Bill 1664, the Pesticide Registration Improvement Act of 2003, and AUTHORIZE the Chair, Board of Supervisors, to execute a letter of support to Senators Dianne Feinstein and Barbara Boxer, as recommended by the Transportation, Water and Infrastructure Committee.  (All Districts)

 

Personnel Actions

 

C.17    ESTABLISH the class of Executive Assistant to the County Administrator-Exempt, ALLOCATE it to the Salary Schedule, and ADD one position in the County Administrator’s Office.  (Cost to be offset by position cancellation, upon vacancy) (All Districts)

 

C.18    ADD one One Stop Career Center Case Manager position in the Employment and Human Services Department.  (Budgeted, 100% Federal)  (All Districts)

 

C.19    INCREASE the hours of one part time Clerk-Experienced Level position from 24/40 to 28/40 in the Health Services Department.  (Budgeted, FQHC Revenue)  (All Districts)

 

C.20    ADD one Clerk-Senior Level position, and CANCEL one Intermittent Typist Clerk-Project position in the Health Services Department.  (Budgeted, Enterprise I: 13.5% County, 86.5% Patient/Third Party Revenues)  (All Districts)

 

C.21    ADD one Utilization Review Coordinator position in the Health Services Department.  (Cost to be offset by cancellation of Registered Nurse-Project position)  (All Districts)

 

Grants & Contracts

 

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

 

C.22    APPROVE and AUTHORIZE the Community Development Director, or designee, to execute the standard agreement provided by the State Water Resources Control Board to accept and administer a Proposition 13 grant in an amount not to exceed $250,000 to implement the Contra Costa Citizen Watershed Monitoring/Assessment Program for the period January 15, 2004 through March 31, 2006.  (No County match) (All Districts)

 

C.23    APPROVE and AUTHORIZE the County Administrator, or designee, to submit an application on behalf of the County’s Zero Tolerance for Domestic Violence Initiative to the Department of Justice Office on Violence Against Women for the “Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program” in an amount not to exceed $2,000,000 for activities to combat domestic violence.  (No County Match) (All Districts)

 

C.24    APPROVE and AUTHORIZE the Community Development Director to execute a service agreement with the Contra Costa County Redevelopment Agency to provide the Redevelopment Agency with staff and administrative support for fiscal year 2003/2004.  (No additional County cost) (All Districts) (See C.43)

 

C.25    APPROVE and AUTHORIZE the Public Works Director to submit the 2005 California Office of Traffic Safety (OTS) grant application to OTS in the amount of $200,000 for a project to calm traffic on Vasco Road and surrounding streets, Brentwood area.  (No impact to the General Fund) (District III) 

 

C.26    APPROVE and AUTHORIZE the Public Works Director to accept the National Association of County Engineers (NACE)/3m Transportation Safety Initiative Grant in the amount of $10,000, to provide installation of active feedback signs on Vasco Road, Brentwood area. (No impact to the General Fund) (District III) 

 

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

 

C.27    APPROVE and AUTHORIZE the County Probation Officer to execute a contract with Solano County in the amount of $3,500 per month per ward for the placement of wards at the Fouts Springs Youth Facility for the period February 1 through September 30, 2004.  (Budgeted) (All Districts)

 

C.28    APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract with Applied Survey Research, Inc. (ASR), in an amount not to exceed $40,000 for evaluation of the Zero Tolerance for Domestic Violence Initiative, for the period January 15, 2004 through January 14, 2005.  (100% special filing fees on certain vital records.) (All Districts)

 

C.29    APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with DaRold Designs in the amount of $48,151 for graphic design assistance related to the grant-funded Contra Costa County Marina Program for the period February 1, 2004 through June 30, 2006, Countywide. (95% CALFED/SWRCB Proposition 13 Grant Funds & 5% County Watershed Program Funds) (All Districts)

 

C.30    APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Scott T. Anderson, M.D., in an amount not to exceed $55,000 to provide professional rheumatology services to patients at Contra Costa Regional Medical Center and Contra Costa Health Centers for the period January 20, 2004 through January 31, 2005.  (Budgeted, Enterprise I: 13.5% County, 86.5% Patient/Third Party Revenues)  (All Districts)

           

C.31    CORRECT Board action of December 2, 2003 (C.130), and AUTHORIZE the Health Services Director, or designee, to execute a contract with East Bay Neonatology, Inc., to continue to provide neonatology services at Contra Costa Regional Medical Center for the period January 1, 2004 through December 31, 2006 instead of January 1, 2004 through December 31, 2007.  (Budgeted, Enterprise I: 15.8% County, 84.2% Patient/Third Party Revenues)  (All Districts)

 

C.32    APPROVE and AUTHORIZE the General Services Director, or designee, to execute a consulting services agreement with Kate Keating Associates, Inc., in the amount of $48,000 to provide design and construction administration services for the Countywide Standard Signage Program for the County Administrator's Office.  (Budgeted—Plant Acquisition) (All Districts)

RELISTED to an undertemined date; Consideration to Approve and Authorize the General Services Director, or designee, to execute a consulting services agreement with Kate Keating Associates, Inc., in the amount of $48,000 to provide design and construction administration  services for the Countywide Standard Signage Program for the County Administrator’s Office.

 

Other Actions

 

C.33    AUTHORIZE a proposed vacation of development rights that have been dedicated to the County (“scenic easement”) for a portion of common open space within the Stonebridge Estates project to the owners of an adjoining residential lot (James and Kimberly Butts), as part of a larger proposal to allow for an expanded private lot for residential uses at #200 Bridges Court, Alamo area.  (District III)

 

C.34    APPROVE allocation of $30,000 in Park Dedication funds for the Crockett Community Center/Alexander Park Renovation Project; and upon written instruction of the Deputy Director-Redevelopment, or designee, AUTHORIZE the Auditor-Controller to issue a warrant in the amount of $30,000 to the Crockett Recreation Association, as recommended by the Community Development Director.  (District II)

 

C.35    To fulfill the compliance requirements of the Growth Management and Improvement Program for Measure C-1988:  FIND the County’s policies and programs in compliance with the Contra Costa Transportation Improvement and Growth Management Program; APPROVE the Biennial Compliance Checklist; and AUTHORIZE the Chair, Board of Supervisors, to sign the Checklist, as recommended by the Community Development Director.  (All Districts)

 

C.36    DECLARE as surplus and AUTHORIZE the Purchasing Agent, or designee, to dispose of specified vehicles and/or equipment no longer needed for public use.  (All Districts)

 

C.37    APPROVE and AUTHORIZE the Purchasing Agent, or designee, to purchase one vehicle for the Building Inspection Department for a new field staff position.  (Permit fees, budgeted) (All Districts)

 

C.38    CONTINUE the emergency action originally taken by the Board of Supervisors on August 5, 2003, regarding the repair of the Asbury Graphite Wastewater System as recommended by the Public Works Director, Hercules area. (Contra Costa Transportation Authority Funds) (District II)

 

C.39    CONTINUE the emergency action originally taken by the Board of Supervisors on November 16, 1999 regarding the issue of homelessness in Contra Costa County, as recommended by the Health Services Director.  (All Districts)

 

C.40    CONTINUE the emergency action originally taken by the Board of Supervisors on December 14, 1999 based on the increasing/epidemic number of AIDS/HIV and Hepatitis C cases among injection drug users in Contra Costa County, as recommended by the Health Services Director.  (All Districts)

 

C.41    CONTINUE the emergency action originally taken by the Board of Supervisors on November 18, 2003 on the Juvenile Hall Addition Project, as recommended by the County Administrator.  (All Districts)

 

C.42    ADOPT Resolution No. 2004/57 approving appointment of individuals, as specified, to the Democratic and Republican County Central Committees in lieu of election for the March 2, 2004 Primary Election.  (All Districts)

 

Redevelopment Agency

 

C.43    APPROVE and AUTHORIZE the Redevelopment Director to execute a service agreement with the County of Contra Costa for staff and administrative support for fiscal year 2003/2004.  (No additional cost) (All Districts) (See C.24)

GENERAL INFORMATION

 

 

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

 

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

 

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

 

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

 

The County will provide reasonable accommodations for persons with disabilities planning to attend Board meetings who contact the Clerk of the Board at least 24 hours before the meeting, at (925) 335-1900; TDD (925) 335-1915.  An assistive listening device is available from the Clerk, Room 106.

 

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

 

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

 

Applications for personal subscriptions to the weekly Board Agenda may be obtained by calling the Office of the Clerk of the Board, (925) 335-1900.  The weekly agenda may also be viewed on the County’s Internet Web Page: www.co.contra-costa.ca.us.

 

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

 

The Family and Human Services Committee (Supervisors Mark DeSaulnier and John Gioia) - meets on the second and fourth Mondays of the month at 2:00 P.M. in Room 105, County Administration Building, 651 Pine Street, Martinez.

 

The Finance Committee (Supervisors John Gioia and Millie Greenberg) - meets on the second and fourth Mondays of the month at 11:30 A.M. in Room 108, County Administration Building, 651 Pine Street, Martinez.

 

The Internal Operations Committee  (Supervisors Gayle B. Uilkema and Mark DeSaulnier) - meets on the first and third Mondays of the month at  9:00 A.M. in Room 105, County Administration Building, 651 Pine Street, Martinez.

 

The Transportation, Water & Infrastructure Committee  (Supervisors Millie Greenberg and Gayle B. Uilkema) - meets on the second Monday of the month at 1:30 P.M. in Room 108, County Administration Building, 651 Pine Street, Martinez.

 

 

Family & Human Services Committee

2-09-04

  Cancelled

See above

Finance Committee

2-09-04

  Cancelled

See above

Transportation, Water & Infrastructure Committee

2-09-04

  1:30 P.M.

See above

 

 

 

 

                 PERSONS WHO WISH TO ADDRESS THE BOARD MAY BE LIMITED TO THREE (3) MINUTES.

 

AGENDA DEADLINE:  Thursday, 12 noon, 12 days before the Tuesday Board meetings.

 

                                                                              

                                Supplemental Calendar of Closed Session Items

 

For The Board of Supervisors of Contra Costa County

and for Special Districts, Agencies and Authorities Governed by the Board

 

Tuesday, February 3, 2004, 9:30 a.m. and thereafter

 

Board Chambers Room 107 and Room 105

Administration Building,

651 Pine Street, Martinez, California

 

 

 

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

1.      Nancy Brewster v. County of Contra Costa,  C.C.C. Superior Court No. C 03-00312

2.                  Demetria Kaeintz v. Contra Costa County, W.C.A.B. No. WCK 34102 

 

B.              CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION  Initiation of litigation pursuant to Gov. Code, § 54956.9(c):  One potential case