CONTRA COSTA COUNTY BOARD OF SUPERVISORS

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

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

A G E N D A

TUESDAY
May 8, 2001

 

9:00 A.M. Call to order and opening ceremonies.

Inspirational Thought - "Growing is the reward of learning." ­ Unknown

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

HOUSING AUTHORITY CONSENT ITEMS:

HA.1    APPROVE and AUTHORIZE the Executive Director of the Housing Authority of the County of
            Contra Costa to execute a contract with Rubicon Programs, Inc., in an amount not to exceed $163,871
            to provide life skills/job readiness employment placement and case management for 100 public
            housing residents at three Housing Authority developments for the period May 1, 2001 through April
            30, 2003. (No County Funds Required)

HA.2    APPROVE and AUTHORIZE the Executive Director of the Housing Authority of the County of
            Contra Costa to execute a lease extension and other necessary documents with Douglas A. McPherson
            Enterprises, Inc., for 2219 Buchanan Road, Suites 5 & 6, Antioch, California for administrative office
            space for the Section 8 Program, for a four year period. (No County Funds Required)

HA.3    APPROVE and AUTHORIZE the Executive Director of the Housing Authority of the County of Contra
            Costa toexecute a contract with Project Second Chance (Contra Costa County Library's Adult Literacy
            Program in an amount not to exceed $34,740, to provide adult literacy training for 36 public housing
            residents living in Housing Authority developments, for one year with two one-year renewal options,
            depending upon HUD funding. (No County Funds Required)

Approved as listed.

PRESENTATIONS

P.1    PRESENTATION declaring the week of May 7 - 13, 2001 as "Arson Awareness Week" in Contra
         Costa County.     (Supervisor Gerber)

APPROVED Resolution No. 2001/188 declaring the week of May 7- 13, 2001 as "Arson Awareness Week" in Contra Costa County.

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 to consider adoption of Resolution 2001/186 to accept Drainage Area 52C Plan
            Amendment No. 2 and a new drainage fee ordinance (Ordinance No. 2001-09), Brentwood area.
            (Maurice Shiu, Public Works Director)

CLOSED the public hearing; ADOPTED Resolution No. 2001/186 to accept Drainage Area 52C Plan Amendment No. 2 and new drainage fee Ordinance No. 2001-09, Brentwood area.

SD.3    HEARING on the proposed ordinance adjusting the Criminal Justice Administrative (Booking) Fee.
            (Julie Enea, County Administrator's Office)

CLOSED the public hearing on increasing the criminal justice administrative b(booking) fee; ADOPTED findings APPROVING the fee increase; INTRODUCED Ordinance 2000-10, amending Ordinance 98-23, WAIVED reading, and FIXED May 15, 2001 for adoption of same; DIRECTED that the County Administrator's staff explore with the cities, the possibility of remote bookings and report back to the Board.

SD.4    HEARING to consider the report by the County Abatement Officer on the itemized costs for abatement
            of a public nuisance at 209 Silver Avenue, Richmond, C.W. Warren (Owner), and to consider the
            assessment of costs against said property. (C.C.C. Ordinance Code Section 14-6.428)(Dennis
            Broderick, Building Inspection Department)

CLOSED the public hearing; HEARD and CONSIDERED the itemized report regarding the abatement of property at 209 Silver Avenue, Richmond, and any objections by C.W. Warren (owner) having legal interest in the property; ADDED the costs of the abatement confirmation hearing thereto; CONFIRMED the report; and DIRECTED the Clerk of the Board to file the report. (AYES: I, IV,V and II; NOES: None; ABSENT: III; ABSTAIN: None)

SD.5    HEARING to consider adoption of Resolution 2001/185 to consummate purchase and accept Grant
            Deed from Northern California Council for the Community, Inc., for the purchase of real property at
            1001 S.  57th Street, Richmond, for $661,320.77 plus $143.96/day after February 1, 2001, for
            continued use by Community Services Department for HeadStart and Child Development Services.
            (CP01-06)(Tony Colón, Community Services Director)

SD.6    HEARING to consider adoption of Resolution 2001/182 amending the itemized professional and
            services rates for Contra Costa County Health Services effective June 1, 2001, as recommended by
            the Health Services Director, and RESTATE unchanged rates for County Health Services adopted
            by Board Resolution 2001/59, dated February 13, 2001. (William Walker, M.D., Health Services
            Director)
CLOSED the public hearing; ADOPTED Resolution No. 2001/182 amending the Itemized Professional and Services Rates for Contra Costa County Health Services effective June 1, 2001; DIRECTED that the Health Services Department report to the Board on the number of Unannounced Inspections by the Hazardous Materials Program. (AYES: I, III, V and II; NOES: None; ABSENT: IV; ABSTAIN: None)

SD.7    HEARING on proposed Police Service Special Taxes for County Service Area P-6, adoption of
            Resolution 2001/149 authorizing election thereof and formation of Zone 1804, Subdivision
            SD008396, and adoption of Ordinance 2001-08 establishing a fee for the Police Service District,
            Alamo area. (Dennis Barry, Community Development Director)

CLOSED the public hearing; ADOPTED Resolution No. 2001/149 authorizing an election for Zone 1804 in County Service Area P-6; ADOPTED the Ordinance 2001-08 establishing a fee for Police Service District for SD008396; DIRECTED the County Clerk to conduct the election required by Government Code Section 5397 by mail ballot, and held on the earliest possible date permitted by law.

SD.8     CONSIDER requesting CalARP facilities to provide the County with their plans for safety operating
             or safety shutting down their facilities in the event of a power failure. (Supervisor Gioia)
ACKNOWLEGED that spontaneous power disruptions to industrial facilities have the potential to increase the risk of a chemical release due to the unplanned shutdown or restart of equipment; DIRECTED that the Health Services Department request all industrial facilities subject to the California Accidental Release Prevention Program (CalARP) to prepare and present to the County within 30 days, a written plan detailing how they would continue to safely operate or safely shutdown operations during an unplanned power disruption ("Power Disruption Plan"); AUTHORIZED the Health Services Department to perform an unannounced inspection to audit an industrial facility which fails to submit a Power Disruption Plan within 30 days of being requested to do so; DIRECTED that the Health Services Department prepare a report to the Board within 45 days listing each CalARP industrial facility and whether the facility has a Power Disruption Plan; DIRECTED the Health Services Department to work with the unprepared industrial facilities to assist in their planning to put a Power Disruption Plan in place; REQUESTED that the Health Services Department and County Counsel explore the County's authority under CalARP to enforce provisions to require a Power Disruption Plan; DIRECTED that consideration be given to modifying the Itemized Professional and Services Rates for Health Services for facilities that refuse to submit a Power Disruption Plan; DIRECTED that the Health Services Department work with the Bay Area Air Quality Management District on this issue; and REQUESTED that County Counsel, the Health Services Director and the Hazardous Materials Program staff advise what standard of adequacy must be met by such Power Disruption Plans.

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

D.1    CONTINUED HEARING on the appeal by Peter and Ines Rauch; Victoria Galland; Renee Benoit and
          David Girard; Ivanna Dietrich; and Lisa Goldberg and Ken Ribet (Appellants), from the decision of the
          County Planning Commission acting as the Board of Appeals, on the request by Christine Chang
          (Applicant and Owner) for a Development Plan Application and Variances for a 3,049 square foot
          single family residence on a substandard sized lot for purposes of determining neighborhood
          compatibility, with variances to allow a zero-foot front setback (minimum 20-feet required);
          a zero-foot side setback (minimum 5-feet required); and a 4' 6" side setback (minimum 5 feet required).
          The Board of Supervisors may also consider requiring the expansion of the garage, which would
          require a variance to the front yard setback (0 feet to be considered; 20 feet required) Kensington area.
          (#DP00-3019, and File #VR00-1039)(Catherine Kutsuris, Community Development Department)
          (Continued from April 10, 2001)

WAIVED by a ¾ vote the public notice, and allowed the Board of Supervisors to consider new information regarding the mediation agreement presented this day on the appeal by Peter and Ines Rauch, et al (Appellants) of the County Planning Commission's approval of  a development plan and variance application of Christine Chang (Applicant and Owner) (County File # DP00-3019, and File # VR00-1039) for a single family residence on a substandard lot, Kensington area; CONSIDERED the resolution of the County Planning Commission; FOUND the Categorical Exemption adequate for the purposes of considering the project; APPROVED the appeal and the project with the modified conditions as amended; ADOPTED the findings of the County Planning Commission with the modifications that are based on the revised conditions approved this date.

D.2     CONTINUED HEARING on the appeal by Eric Sterzl (Appellant) from the decision of the East
           County Regional Planning Commission acting as the Board of Appeals, on the request by Kristine
           Franzke (Applicant and Owner) to grant a variance to legalize two existing barns with a sideyard
           setback of 3 feet for the 185 square foot barn and 6 feet for the 1,152 square foot barn (where a 20 foot
           minimum setback for agricultural accessory buildings is required), on a substandard sized lot,
           Brentwood area. (County File #VR00-1049)(Catherine Kutsuris, Community Development
           Department (Continued from April 10, 2001)

CLOSED the public hearing; UPHELD the appeal of Eric Sterzl (Appellant), on the request by Kristine Franzke (Applicant and Owner) to grant a variance for two existing barns on a substandard lot, Brentwood area, (County File #VR00-1049); ACCEPTED the recommendation of the East County Regional Planning Commission; ACCEPTED the determination that the project is exempt from CEQA; APPROVED the project with a modification to remove the 185 square foot barn, and to submit to the Zoning Administrator evidence resolving the drainage issue; ADOPTED the findings and Conditions of Approval as amended; and DIRECTED staff to file the Notice of Exemption with the County Clerk.

9:45 A.M.

D.3    HEARING on the recommended 2001/2002 Community Development Block Grant Program and HOME
          Investment  Partnerships Act Program funding allocations from the Family and Human Services,
          Finance, and Affordable Housing Finance Committees. (Belinda Smith, Community Development
          Department)

CLOSED the public hearing; ADOPTED the FY 2001/2002 Action Plan;
APPROVED the recommendations of the Affordable Housing Finance
Committee on the use of FY 2001/2002 HOME Investment Partnership Act (HOME) and Community Development Block Grant (CDBG) Affordable Housing Funds, as modified to shift $48,000 to the Economic Development category; APPROVED Finance Committee recommendations on the Economic Development Category of the FY 2001/2002 CDBG, with the addition of the transfer of funds from the Affordable Housing category; APPROVED the Finance Committee recommendation on the Open category of the FY 2001/2002 CBDG; APPROVED the Finance Committee recommendation on the Infrastructure/Public Facility category of the FY 2001/2002 CDBG; and APPROVED the recommendations of the Family and Human Services Committee on the Public Service category, with additional funding conditions for specified projects, of the FY 2001/2002 CDBG.

11:00 A.M.

Adjourn to 202 Glacier Avenue , Gate 1, Martinez, for the groundbreaking of the new Juvenile Hall.

D.4    PUBLIC COMMENT. (3 Minutes/Speaker)

 The following people addressed issues affecting the Latino population in the County.
     Mary Rocha, Contra Costa Latino Leadership Council, 3022 Rio Grande Drive,
       Antioch;
     Maria Alegria, Contra Costa Latino Leadership Council, 3781 Brazil, Pinole;
     Mary Rosas, 171 Sandpiper Drive, Pittsburg;
     John Marquez, 5061 Buckboard Way, Richmond.
 

ADJ 1 ADJOURNED today's Board meeting in honor of the memory of Gilbert and Danielle Gomez.  Mr. and Mrs. Gomez were killed and their children injured in an auto accident, as the result of a drunk driver on Highway 4. Mrs. Gomez had been active in educating East County youngsters about the hazards of driving while under the influence.
 

Closed Session
There were no Closed Session announcements.
 
 

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).

Honors & Proclamations

C.1    ADOPT Resolution 2001/183 honoring Bob Reynolds as the 2001 Moraga Citizen of the Year, as recommended by Supervisor Uilkema.

C.2    ADOPT Resolution 2001/187 proclaiming May 12, 2001 as "Letter Carrier Day" in Contra Costa County, as recommended by Supervisor Uilkema.

Appointments & Resignations

C.3    ADOPT Resolution 2001/180 appointing John Gioia as the Board of Supervisors representative and Gayle B. Uilkema as the Board's alternate representative to the Community Advisory Committee of the Bay Area Water Transit Authority, as recommended by Supervisor Uilkema.

C.4    ACCEPT resignation of Alan B. Smith from the Family and Children's Trust Committee, DECLARE a District Representative seat vacant, and DIRECT the Clerk of the Board to apply the Board's policy for filling the vacancy, as recommended by Supervisor DeSaulnier.

Personnel Actions

C.5    ADOPT the Memorandum of Understanding between the Contra Costa County Fire Protection District and United Professional
Fire Fighters I.A.F.F. Local 1230, implementing negotiated wage agreements and other economic terms and conditions of employment beginning March 16, 2000 through March 31, 2002. In the opinion of the County Administrator, salary and benefit  increases resulting from this action will have no material financial impact on the funding status of the County Employees'  Retirement System.

Grants & Contracts
APROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of funds
and/or services:

C.6    APPROVE and AUTHORIZE the Health Services Director, or designee, to submit a grant application to the Center for Substance
Abuse Treatment (Federal-CSAT) in the amount of $275,000 for a three-year period to expand and intensify the Partners in Recovery Alliance Program Track II Grant.(No County Match Required)

Other Actions

C.7    DETERMINE there is a need to continue with the emergency action originally taken by the Board on October 26, 1999 on the Emergency Upgrade of County Telecommunications Infrastructure.

C.8    DETERMINE there is a need to continue with 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.

C.9    DETERMINE there is a need to continue with the emergency action originally taken by the Board of Supervisors on November 16, 1999 regarding the issue of homelessness in Contra Costa County.

C.10    DETERMINE there is a need to continue the action taken by the Board on October 3, 2000 pursuant to Public Contract Code Sections 20134 and 22050 to replace the heating, ventilation and air conditioning system at the Richmond Health Center, 100 38th Street, Richmond for Health Services Department.

C.11    AUTHORIZE the Deputy Director-Redevelopment, or designee, to carry forward unexpended Community Development Block Grant funds for allocation by the Board to projects recommended in the proposed 2001/2002 Action Plan.

C.12    ACCEPT Grand Jury Report No. 0101, "Mt. Diablo Health Care District," and REFER to the County Administrator.

C.13    ACCEPT the report from the Employees' Retirement Association, as recommended by the Retirement Administrator.

Redevelopment Agency

C.14    ADOPT position supporting SB 232 (Sher) establishing an Environmental Insurance Program to promote land recycling and AUTHORIZE the Deputy Director-Redevelopment to communicate the Board's support to the County's legislative delegation.
 

 

GENERAL INFORMATION

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

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

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

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

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

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

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

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

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

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

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

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

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

Family and Human Services Committee	5-14-01	9:00 A.M.	see above
Transportation, Water and Infrastructure Committee	5-14-01	10:00 A.M.	see above

 

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

 

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

Supplemental Calendar of Closed Session Items
For The Board of Supervisors of Contra Costa County
And for Special Districts, Agencies and Authorities Governed by the Board

Tuesday, May 8, 2001, 9:00 a.m. and thereafter

Board Chambers Room 107 and Room 105
Administration Building,
651 Pine Street, Martinez, California

    A. CONFERENCE WITH LABOR NEGOTIATORS

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

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

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

 

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

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

                1.    John Rock v. Contra Costa County, W.C.A.B. No. WCK 0044626

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

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