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CONTRA COSTA COUNTY BOARD OF SUPERVISORS

 

Supervisors J. Gioia, G. B. Uilkema, M. N. Piepho, M. DeSaulnier, and F. D. Glover

Clerk of the Board, John Sweeten (925 335-1900)

 

A G E N D A

TUESDAY   JULY 19, 2005

 

 

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

 

10:00 A.M.      Convene and announce adjournment to Closed Session, Room 101.

There were no Closed Session announcements.

 

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

 

Inspirational Thought  -  “When I despair, I remember that all through history the way of truth and love has always won.  There have been tyrants and murderers and for a time they seem invincible, but in the end, they always fall – think of it, ALWAYS.” ~Mohandas K. Gandhi

 

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

Approved as listed.                                                                              

 

HOUSING AUTHORITY CONSENT ITEMS    Approved as listed.

 

HA.1    APPROVE and AUTHORIZE the Housing Authority Executive Director to execute a contract with the East County Boys and Girls Club in an amount not to exceed $25,000 to provide after school youth activities for the El Pueblo housing development for the period July 1, 2005 through June 30, 2006.  (Housing Authority funds; Budgeted) (District V)          

 

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

Approved as listed except as noted below:

 

SD.1    CONSIDER any Consent Items previously removed.

 

SD.2    HEARING to adopt Resolution No. 2005/430 confirming the Final Engineer’s Report, diagram, and assessments for Countywide Landscape District AD 1979-3 (LL-2) and authorizing the levy of annual assessments to be placed on the tax rolls for Fiscal Year 2005/2006, Countywide. (Countywide Landscape District AD 1979-3 (LL-2) Funds)(Eileen Doten, Public Works Department) (All Districts)

CLOSED the public hearing; and ADOPTED Resolution No. 2005/430 confirming the Final Engineer’s Report, diagram, and assessments for Countywide Landscape District AD 1979-3 (LL-2) and authorizing the levy of annual assessments to be placed on the tax rolls for Fiscal Year 2005/2006, Countywide.

 

SD.3    As the Wendt Ranch Geologic Hazard Abatement District Board of Directors, conduct HEARING  to adopt Resolution No. 2005/421 approving the annexation of the Alamo Creek and Intervening Properties projects into the Wendt Ranch Geologic Hazard Abatement District (GHAD), and accepting Revision 1 to the Wendt Ranch GHAD Plan of Control, Danville area.  (Wendt Ranch GHAD Funds) (Eileen Doten, Public Works Department) (District III)

CLOSED the public hearings as the Wendt Ranch Geologic Hazard Abatement District Board of Directors, and ADOPTED Resolution No. 2005/421 approving the annexation of the Alamo Creek and Intervening Properties projects into the Wendt Ranch Geologic Hazard Abatement District (GHAD), and accepting Revision 1 to the Wendt Ranch GHAD Plan of Control, Danville area. 

 

SD.4    CONSIDER adopting Resolution No. 2005/437 approving the annexation of the Alamo Creek and Intervening Properties projects into the Wendt Ranch Geologic Hazard Abatement District (GHAD), and accepting Revision 1 to the Wendt Ranch GHAD Plan of Control, Danville area.  (Wendt Ranch GHAD Funds) (Eileen Doten, Public Works Department) (District III)

ADOPTED Resolution No. 2005/437 approving the annexation of the Alamo Creek and Intervening Properties projects into the Wendt Ranch Geologic Hazard Abatement District (GHAD), and accepting Revision 1 to the Wendt Ranch GHAD Plan of Control, Danville area.

 

 

SD.5    HEARING for adoption of urgency and regular fee ordinances to fund the Revised Transportation Improvement Program for the East Contra Costa Regional Fee and Financing Authority, East County area. (Julie Bueren, Public Works Department) (Districts III and V)

CLOSED the public hearing to consider adoption of an urgency ordinance (Ordinance No: 2005-19) and regular ordinance (Ordinance No: 2005-18), substantially in the form attached, to adopt Regional Transportation Development Impact Mitigation (RTDIM) Fees to fund the revised regional transportation improvement program for the East Contra Costa Regional Fee and Financing Authority (ECCRFFA); ADOPTED urgency Ordinance No: 2005-19, accepting and adopting the East Contra Costa Regional Fee Program Update, adopted by the ECCRFFA on June 16, 2006, and adopting interim RTDIM Fees to fund the ECCRFFA revised regional transportation improvement program; ADOPTED Ordinance No:2005-18, accepting and adopting the East Contra Costa Regional Fee Program Update, adopted by ECCRFFA on June 16, 2005, and adopting RTDIM Fees to fund the ECCRFFA revised regional transportation improvement program; DETERMINED that a majority protect does not exist; DIRECTED the Director of Public Works and the Auditor/Controller to establish a trust fund for the East Contra Costa Regional Fee and Financing Authority and the Treasurer to invest said monies with interest to accrue in the trust fund; DIRECTED the Public Works Department and the Department of Community Development review the fee schedule every January 1 the East Contra Costa Regional Fee and Financing Authority Fee is in effect, and to adjust for the effects of inflation or deflation as described in the attached ordinance.  The adjustment for inflation or deflation is not subject to CEQA; DIRECTED the Director of Community Development to monitor future amendment to the currently adopted General Plan and their impact on traffic within the East Contra Costa Regional Fee and Financing Authority fee area, and to report those amendments to the Public Works Director as necessary to facilitate updating of the East Contra Costa Regional Fee and Financing Authority Fee, and to make recommendations to the Board; and DECLARED the intention of the Board that the East Contra Costa Regional Fee and Financing Authority aggressively pursue outside funding sources, such as federal and state monies, to finance the roadway improvements to the maximum extent possible.

 

 

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

 

D.1           PUBLIC  COMMENT.  (3 Minutes/Speaker) The following persons presented testimony:

 

Mike Lengyel, Pittsburg resident, inviting the Board to a Fit-Fest 2005 at the Pittsburg Health Center;

Douglas Parker, Walnut Creek resident, spoke of the Old Park School site being vacated and making a request to the Board not to let this site go to the developers;

Shelley Geesey, A.1 Adjustment Service, 4579 Pacheco Boulevard, Martinez, requesting the Board  to reconsider their appeal for a change to a land use permit,  by placing this on the Board agenda.

The following person did not speak but provided written comments for the Board’s consideration:

 

Charles G. Boyd, Sr. Napa resident, proposing to the Board a Power Generating Plant that would increase recycling to 95% at no cost to the Contra Costa County, and create 350 new jobs in the County.

 

The following individuals spoke urging the Board to restore the position of the Executive Director for Contra Costa Developmental Disabilities Council to a full-time position:

 

                 Bonnie Baldwin, Summit Center;

                 Joe Velez, Chris Adams and Summit Centers;

                 Jorge Barbaste, Summit Center;

                 Lynor Jackson, Summit and Chris Adams Centers;

                 Stephanie Meakin, Martinez resident;

                 Katherine Silveira, Lafayette resident

                 Joanne Deluchey, Richmond resident;

     Barbara Maizie, Martinez resident;

                 Dr. Edward Donnelly, (no other details);

                 Lauri Parks, Concord resident;

                 Gina Jennings, Contra Costa Developmental Disabilities Council;

                 Rollie Katz, PEU Local One;

                 Debra Wilhelm, Martinez resident.

 

D.2      CONSIDER accepting report on the Metropolitan Transportation Commission’s Transit-Oriented Development Policy for Regional Transit Expansion Projects.  (Steven Goetz, Community Development Department; James Corless, Senior Planner, Metropolitan Transportation Commission) (Districts I, II, III, V)

 

 

D.3      CONSIDER accepting report from the Community Development Director and approving recommendations of the Contra Costa County Agricultural Advisory Task Force to update roadside stand regulations and allow value-added operations in the Agricultural Core.  (Patrick Roche, Community Development Department) (District III)

ACCEPTED report from the Community Development Department on the recent recommendations from the Contra Costa County Agricultural Advisory Task Force; AUTHORIZED staff from Community Development to initiate a General Plan Amendment study, associated zoning ordinance amendments, and review of the permit process for the purpose of updating roadside stand regulations and allowing value-added used incidental to agriculture within the Agricultural Core, as recommended by the County Agricultural Advisory Task Force;  REQUESTED staff from the Agriculture Department, Building Inspection Department, Environmental Health Division, Health Department, and Public Works Department, to cooperate, and, as necessary, provide technical assistance to the Community Development Department in drafting updated roadside regulations, and ENCOURAGE the County Agricultural Advisory Task Force and other agricultural interest organizations to actively participate in this effort; REQUESTED Community Development Department staff incorporate the issues and concerns made by the Board today.

 

D.4      CONSIDER report from the Community Development Director on modification to the administrative interpretation of adequate screening of mobile homes, travel trailers, camp cars, vessels and vessel trailers.  (Dennis M. Barry, Community Development Director) (All Districts)

 

Closed Session

 

1:00 P.M.

 

D.5      HEARING on an appeal by Jeffrey Batt (Subdivider) of a decision by the County Planning Commission finding violations of subdivision law pertaining to development of the King Estates project, Subdivision 7276, located south of King Drive at the Oak Branch  Way intersection, Walnut Creek/Saranap area, and authorizing the recording of notice of violation against its title. (Bob Drake, Community Development Department) (District III)

CLOSED the public hearing on an appeal by Jeffrey Batt (Subdivider) of a decision by the County Planning Commission finding violations of subdivision law pertaining to development of the King Estates project, Subdivision 7276, located south of King Drive at the Oak Branch Way intersection, Walnut Creek/Saranap area; FOUND that the development of the project has resulted in violations of the subdivision permit and related law; SUSTAINED the decision of the County Planning Commission authorizing staff to record Notices of Violation of Subdivision Law against the Title to the Subdivision; DENIED the appeal of Jeffrey Batt; and DIRECTED the Community Development Director, or designee, to execute and record the Notices.

 

D.6      HEARING on an appeal by Camp and Camp Associates of the San Ramon Valley Regional Planning Commission’s decision to deny a modification to the Final Development Plan to allow an accessory structure height of nine-feet on a property located at 36 Saddleback Place in the Danville area. (County File #DP013049) (Aruna Bhat, Community Development Department) (District III)

CLOSED the public hearing on an appeal by Camp and Camp Associates of the San Ramon Valley Regional Planning Commission’s decision to deny a modification to the Final Development Plan to allow an accessory structure height of nine-feet on a property located at 36 Saddleback Place in the Danville area; FOUND that the required Ordinance findings to grant this request cannot be made as reported in Resolution No. 21-2005 adopted by the San Ramon Valley Regional Planning Commission; UPHELD the San Ramon Valley Regional Planning Commission’s denial of the requested modification to the final development plan; DENIED the appeal of applicant Camp & Camp Associates; and DIRECTED the County Building Inspection Department to take appropriate actions to ensure that the total height of the wall is reduced so as to not exceed six feet as measured from the top of the footing for the wall.

 

Adjourn in Memory of Troy Spencer of Pleasant Hill

 

CONSENT ITEMS

 

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

 

Road and Transportation

 

C.1      ADOPT Resolution No. 2005/431 approving and authorizing the Public Works Director to fully close a portion of Pinehurst Road for the period July 25, 2005 through August 1, 2005 for 24 hours per day, for the purpose of recovery and disposal of 11 automobiles, approximately 500 tires, and miscellaneous car parts and various debris from roadside gully, as requested by East Bay Municipal Utility District, Canyon area. (District II) 

 

C.2      ADOPT Resolution No. 2005/432 ratifying the prior decision of the Public Works Director to partially close a portion of Bethel Island Road on July 16 and 17, 2005 from 9:00 a.m. through 6:00 p.m., for the purpose of the 18th Annual 1950s Bash (Car and Motorcycle Show), Bethel Island area. (District V)

 

C.3      ADOPT Traffic Resolution No. 2005/4125 prohibiting parking at all times except for vehicles of individuals with disabilities (blue curb), on the south side of 2nd Street, beginning at a point 81 feet west of the center line of Harris Avenue and extending westerly a distance of 25 feet, Rodeo area, as recommended by the Public Works Director. (District II)

                              

C.4      ADOPT Traffic Resolution No. 2005/4126 prohibiting parking at all times except for vehicles of individuals with disabilities (blue curb), on the south side of Loring Avenue, beginning at a point 54 feet west of the center line of Bay Street and extending westerly a distance of 20 feet, Crockett area, as recommended by the Public Works Director. (District II)

 

Engineering Services

 

C.5      RA 02-01141:  ADOPT Resolution No. 2005/433 approving the road improvement agreement for the bridge at Japonica Way, for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area, as recommended by the Public Works Director. (District III)

 

C.6      RA 05-01185:  ADOPT Resolution No. 2005/434 approving the road improvement agreement for Windemere Phase 3 – Japonica Way, for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area, as recommended by the Public Works Director. (District III)

 

Special Districts & County Airports

 

C.7      APPROVE and AUTHORIZE the Chief Engineer, Flood Control and Water Conservation District, or designee, on behalf of the Contra Costa Clean Water Program, to execute a contract with Earth Island Institute/Kids for the Bay in an amount not to exceed $32,000 for grant administration services for the period July 1, 2005 through June 30, 2006, Countywide. (Cities, Towns and County Stormwater Utility Fee Assessments) (All Districts)

 

C.8      APPROVE and AUTHORIZE the Chief Engineer, Flood Control and Water Conservation District, or designee, on behalf of the Contra Costa Clean Water Program, to execute a contract with Dan Cloak Environmental Consulting in an amount not to exceed $111,000 for technical consulting services for the period July 1, 2005 through June 30, 2006, Countywide. (Cities and County Stormwater Utility Fee Assessments) (All Districts)

C.9      APPROVE and AUTHORIZE the Chief Engineer, Flood Control and Water Conservation District, or designee, on behalf of the Contra Costa Clean Water Program, to execute a contract with Matt Bolender in an amount not to exceed $56,000 for consulting services for the Used Oil Recycling Block Grant Program for the period July 1, 2005 through June 30, 2006, Countywide. (California Integrated Waste Management Board’s Used Oil Recycling Grant Program Funds) (All Districts)

 

C.10    ADOPT Resolution No. 2005/435 approving and authorizing the Chief Engineer, Flood Control and Water Conservation District, to impose the Annual Benefit Assessments for Fiscal Year 2005/2006 for Drainage Areas 67A, 75A, 76A, 520, 910, 1010, and 1010A, Walnut Creek, Oakley, Danville, and San Ramon areas. (Drainage Area Benefit Assessment Funds) (Districts II, III and V)            

 

C.11    APPROVE and AUTHORIZE the Chair, Board of Supervisors, as governing board of the Flood Control and Water Conservation District, to execute a standard Drainage Fee Collection, Right-of-Way, and Maintenance Agreement with the City of Lafayette for drainage areas 15A and 67, effective February 28, 2005, and continuing in perpetuity, Lafayette area. (Drainage Area 15A and 67 Fees) (District II)

 

C.12    ADOPT Resolution No. 2005/429 calling for an appropriations limit increase election on November 8, 2005, for County Service Area R-7A to replace and supersede existing appropriation limit override in Resolution No. 2003/727, Alamo area. (County Service Area R-7A Funds) (District III)

 

Statutory Actions

 

C.13    APPROVE minutes, as on file with Clerk of the Board, for the month of June.

 

Claims, Collections & Litigation

 

C.14    DENY claims of Brock A. Nethery; Regina Myers; Leslye Cassese of CSAA for Regina Myers; and three claims filed  by Reginald Byrd.

 

C.15    RECEIVE report concerning the final settlement of Janet McGie vs. Contra Costa County and AUTHORIZE payment from the Workers’ Compensation Trust Fund in the amount of $26,000, as recommended by the County Administrator.  (All Districts)

 

C.16    RECEIVE report concerning the final settlement of Patsy Eastman vs. Contra Costa County and AUTHORIZE payment from the Medical Liability Trust Fund in the amount of $300,000, as recommended by the County Administrator.  (All Districts)

 

C.17    RECEIVE report concerning the final settlement of Bryan Hyman vs. Contra Costa County and AUTHORIZE payment from the General Liability Trust Fund in the amount of $150,000, as recommended by the County Administrator.  (All Districts)

 

Honors & Proclamations

 

C.18    ADOPT Resolution No. 2005/436  honoring the 45th Annual Contra Costa County Championship Swim Meet, as recommended by Supervisor Uilkema.  (All Districts)

 

Appointments & Resignations

 

C.19    DECLARE vacant Seats No. 2, 3, and 5 on the Human Relations Commission held by Lucy Williams, Ed.D., due to resignation; Victoria Macklin due to non-attendance; and Carla Carr due to non-attendance, and DIRECT the Clerk of the Board to post the vacancies, as recommended by the Human Relations Commission.  (All Districts)

           

C.20    DECLARE vacant the Tara Hills Mobile Manor seat on the Montalvin Manor Redevelopment Committee held by Theresa Bottini , and DIRECT the Clerk of the Board to post the vacancy, as recommended by the Montalvin Manor Redevelopment Advisory Committee. (District I)

 

Appropriation Adjustments  - 2004/2005 FY

 

C.21    Elections (0043):  APPROVE Appropriations and Revenue Adjustment No. 5240 authorizing new revenue in the amount of $850,000 from special election reimbursements and appropriating it to cover costs associated with special elections.  (All Districts)

 

Intergovernmental Relations

 

C.22    AUTHORIZE the Chair, Board of Supervisors, to sign a letter addressed to U. S. Representative Zoe Lofgren regarding a proposed National Transportation Security Center at the Mineta Transportation Institute in San Jose, as recommended by the Transportation, Water and Infrastructure Committee.  (All Districts)

 

C.23    ACCEPT Notice of Proposed Amendment to Measure C Expenditure Plan to finance transportation projects in Richmond and Hercules, as recommended by the Community Development Director.   (Districts I, II)

 

Personnel Actions

 

C.24    ADOPT Position Adjustment Resolution No. 19902 to add two Deputy Sheriff positions and one Sergeant position in the Sheriff-Coroner Department.  (100% reimbursement from the City of San Ramon)(District III)

 

C.25    ADOPT Position Adjustment Resolution No. 19898 to add one Sergeant position in the Sheriff-Coroner Department.  (100% reimbursement from the City of Lafayette) (District II)

 

C.26    ADOPT Position Adjustment Resolution No. 19895 to add one Planner I-Project position in the Community Development Department.  (100% Applicant fees) (All Districts)

 

C.27    ADOPT Position Adjustment Resolution No. 19893 to add one Redevelopment Project Manager-Project position and cancel one Planner I position in the Community Development Department.  (Salary savings; Federal funds) (All Districts)

 

C.28    ADOPT Position Adjustment Resolution No. 19905 to establish the class of Airport Office Specialist and ALLOCATE it to the Salary Schedule; and RECLASSIFY one Accounting Technician position to Airport Office Specialist in the Public Works Department.  (100% Airport Fund; Budgeted) (All Districts)

 

C.29    ADOPT Position Adjustment Resolution No. 19903 to add one part time (24/40) Psychiatric Technician position and cancel one part time (20/40) Licensed Vocational Nurse position in the Health Services Department.  (Cost savings)  (All Districts)

 

Grants & Contracts

 

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

 

C.30    APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with the State of California Department of Health Services to pay the County an amount not to exceed $423,645 to continue to provide the Immunization Assistance Program for the period July 1, 2005 through June 30, 2006.  (No County match)  (All Districts)

 

C.31    APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract to accept Child Development Services funding from the California Department of Education in the amount of $5,194,614 for child development programs for current and former CalWORKs program participants for the period July 1, 2005 through June 30, 2006.  (No County match)  (All Districts)

 

C.32    APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract to accept Child Development Services funding from the California Department of Education in the amount of $1,120,819 for child development programs for families who receive child protective services, children at risk of abuse and neglect, children with special needs, and low-income families for the period July 1, 2005 through June 30, 2006.  (No County match)  (All Districts)

 

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

 

C.33    APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Mark Klekar in an amount not to exceed $26,000 to provide landscaping instruction at the Marsh Creek Detention Facility for the period July 1, 2005 through June 30, 2006.  (100% Inmate Welfare Fund) (All Districts)

 

C.34    APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Jennie Walcek in an amount not to exceed $119,525 to provide technical assistance with the implementation of the Contra Costa County Marina and Recreational Boating Program for the County Watershed Program for the period July 1, 2005 through June 30, 2007, East County Delta area. (Proposition 13 Grant Funds from the State Water Resource Control Board and Stormwater Utility Assessment Fees) (Districts III & V)

 

C.35    APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract amendment with Public Pension Professionals to extend the term from October 13, 2005 to June 30, 2006 and increase the payment limit by $70,000 to a new payment limit of $120,000 for continuing retirement consultant services. (Budgeted) (All Districts)

 

C.36    APPROVE and AUTHORIZE the County Administrator, or designee, on behalf of the Community Services Department, to execute a contract amendment with Rhea Cairlind to increase the payment limit by $24,320 to a new payment limit of $52,320 and to extend the term from July 31 to October 31, 2005 to provide additional temporary accounting services while the Department completes the process of hiring a permanent accountant.   (Budgeted, 100% State)  (All Districts)

 

C.37    APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Crestwood Behavioral Health, Inc., effective May 1, 2005, to increase the payment limit by $1,070,065 to a new payment limit of $8,846,556 to expand the scope of services to include subacute skilled nursing care at the Crestwood Solano facility to County conservatees, with no change in the term of July 1, 2004 through June 30, 2005; and to increase the automatic extension payment limit by $535,033 to a new payment limit of $4,423,278 with no change in the automatic extension through December 31, 2005.  (Budgeted, 100% Mental Health Realignment)  (All Districts)

 

C.38    APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Eastern Contra Costa Transit Authority (dba Tri-Delta Transit) in an amount not to exceed $91,200 to continue to provide fixed route bus transportation services between the Pittsburg health clinic and the Contra Costa Regional Medical Center for the period July 1, 2005 through June 30, 2006.  (Budgeted, Enterprise I:  12.3% County, 87.7% Patient/Third Party Revenues)  (All Districts)

 

C.39    APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Stephen D. Rader, M.D., in an amount not to exceed $157,718 to continue to provide psychiatric services at the Concord Adult Mental Health Clinic for the period July 1, 2005 through June 30, 2006.  (Budgeted, 100% Mental Health Realignment)  (All Districts)

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