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HomeMy WebLinkAboutAGENDA - 09101996 - CCC JIM ROGERS,RICHMOND CALENDAR FOR THE BOARD OF SUPERVISORS JEFF SMITH I ST JEFF SMITH, AFMNtZ CONTRA COSTA COUNTY ►R 2ND DISTRICT AND FOR SHOP,SAN RAMON PHIL BATCHELOR GAYLE BISHOP, SPECIAL DISTRICTS,AGENCIES,AND CLERK OF THE BOARD W RK De3AULNIER,CONCORD AUTHORITIES GOVERNED BY THE BOARD AND 4TH DISTRICT BOARD CHAMBERS,ROOM 107,ADMINISTRATION BUILDING COUNTY ADMINISTRATOR TOM TORLAKSON,PTTTSBURG MARTINEZ,CALIFORNIA 94553-IM (510) 335-1900 PH DISTRICT TUESDAY SEPTEMBER 10, 1996 8:30 A.M. Closed Session 9:30 A.M. Call to order and opening ceremonies. Inspirational Thought - "What lies behind you and what lies before you are insignificant compared to what lies within you." Author Unknown CONSIDER CONSENT ITEMS (Pages 4 - 16) - Items removed from this section will be considered with the Short Discussion Items. 9:35 A.M. SHORT DISCUSSION ITEMS - The Board will consider and take action on the following items: SD.1 CONSIDER taking a position on Proposition 217, regarding state income tax rates on the highest adjusted gross incomes, with the proceeds to be shared among local governments in proportion to their Ioss of property tax revenue under 1994 legislation. SD.2 CONSIDER adopting a Resolution supporting the Contra Costa Community College District's bond measure on the November 5, 1996 ballot, as recommended by Supervisors Rogers and Torlakson. SD.3 CONSIDER introducing an Ordinance delegating to specified County staff blanket authority to execute certain lease documents rather than having to list them individually on the Board's agenda, WAIVE reading, and FIX September 17, 1996 as the date to adopt the Ordinance, as recommended by Supervisor Rogers. SDA CONSIDER request for reconsideration of the Board of Supervisor's decision on the application(LUP 95-2061) of Dale Bridges to establish a used car lot in the Alamo area. SD.5 CONSIDER status of implementing the Conditions of Approval for the Bettencourt Ranch Modified Final Development Plan No. 95-3003, Danville area, as recommended by Supervisor Bishop. SD.6 CONSIDER requesting the County Administrator and Health Services Director to report to the Board in one week on the recent incidents on I and J Wards at the Merrithew Memorial Hospital, as recommended by Supervisor DeSaulnier. SD.7 CONSIDER Finance Committee report on County School Partnership for library services in Oakley. SD.8 CONSIDER Finance Committee report on financing and operating plans for the proposed new Fire Station 87 (Pittsburg). SD.9 CONSIDER recommendations of the Finance Committee on funding the Contra Costa Food Bank and the Child Abuse Prevention Council. 1 (09-10-1996) Short Discussion Items - Continued SD.10 HEARING on the proposed abatement of a nuisance at 2667 May Road, El Sobrante; Ferrell and Opal England, Owners. SD.I I CONSIDER any Consent Items previously removed. 10:45 A.M. DELIBERATION ITEMS - The Board will consider and take action on the following items: D.1 CONSIDER report from Public Defender on departmental performance. D.2 HEARING to consider adoption of an ordinance incorporating by reference the 1994 Uniform Fire Code and the 1995 California Fire Code for Contra Costa County and County Fire Districts. D.3 HEARING on proposed police service special tax for County Service Area P-6; CONSIDER adoption of resolution establishing the zone and fixing election thereon, and adoption of the related ordinance for Zone 1502, Minor Subdivision 19-93 Walnut Creek area. DA HEARING to consider adoption of a Resolution of Necessity for acquisition of real property rights located in the Bay Point area and required for the Sandy Cove Lane Slide Repair project. D.5 CONSIDER approving the proposed responses to the following reports from the 1995-96 Grand Jury, as recommended by the Internal Operations Committee: # 9608, Human Resources Department- Project Positions, # 9610, Political Activities in Contra Costa County Buildings, and # 9611, County Computing Evolution. D.6 CONSIDER approving the proposed response to Report# 9609 from the 1995-96 Grand Jury, entitled "Putting the Community Back into the Community Services Department Programs," as recommended by the Family and Human Services Committee. D.7 CONSIDER the status report from the County Administrator on alternate energy suppliers and the request of the Modesto Irrigation District to be permitted to provide electrical energy in Contra Costa County. 11:15 A.M. D.8 CONSIDER adopting a position in support of Proposition 214, an initiative statute which would provide additional regulations on the health care industry in an effort to protect patients from actions by HMO's and health care insurers which inappropriately limit access to needed health care, as recommended by Supervisor Rogers. D.9 CONSIDER status report from the Health Services Director on an investigation of alleged safety violations and other problems at East Bay Hospital. 12:00 P.M. Closed Session 2 (09-10-1996) 2:00 P.M. DELIBERATION ITEMS - The Board will consider and take action on the following items: D.10 PUBLIC COMMENT. (3 Minutes/Speaker) D.11 HEARING on the Appeal by Paul S. Taybi and Ryan L. Werner (Appellants) from the decision of Contra Costa County Planning Commission on the application (Montessori Family School, Applicant, and First Unitarian Church of Berkeley, Owner) for approval to establish a private school within an existing building consisting of eight classrooms for a maximum of 80 students, Kensington area. D.12 CONSIDER a Franchise Agreement with Bay View Refuse and Recycling Services, Inc., and the County for the provision of solid waste and recycling services in the Kensington area or, alternatively a Memorandum of Understanding with Kensington Police Protection and Community Services District for provision of such services by Bay View Refuse and Recycling Services, Inc. 3:00 P.M. D.13 A. CONSIDER adoption of an Ordinance authorizing a special election for a special tax to provide funding for extended services for County Service Area M-29, Dougherty Valley; and B. CONSIDER adoption of a resolution accepting the tentative report and fixing November 12, 1996, 10:15 a.m. in the Board Chambers for a public hearing to consider assessing a benefit assessment for County Service Area M-29; Dougherty Valley. D.14 CONSIDER report from the Director of Community Development recommending clarification of the public hearing process for the Dougherty Valley, Wendt Ranch and Tassajara Meadows projects in the San Ramon/Danville area. Adjourn this Board meeting in honor of the memory of Judge Charles Wilson and James (Jimmy) Simmons, as recommended by Supervisor Rogers 3 (09-10-1996) 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 (510) 335-1900; TDD (510) 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, (510) 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. The Family and Human Services Committee (Supervisors M. DeSaulnier and J. Smith)-meets on the second and fourth Mondays of the month at 9:00 A.M. in the Private Industry Council Conference Room,2425 Bisso Lane, Concord. The Finance Committee (Supervisors M. DeSaulnier and T. Torlakson) - meets on the first and third Mondays of the month at 9:00 A.M. in Room 108, County Administration Building, 651 Pine Street, Martinez. The Internal Operations Committee (Supervisors G. Bishop and J. Rogers) - 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 Committee (Supervisors T. Torlakson and J. Smith)-meets on the first and third Mondays of the month at 10:30 A.M. in Room 108, County Administration Building, 651 Pine Street, Martinez. Please contact the Community Development Department at 335-1240 to confirm date, time and place. The Water Committee (Supervisors G. Bishop and T. Torlakson) -meets on the first Monday of each month at 1:30 P.M. in Room 105, County Administration Building, 651 Pine Street, Martinez. Please contact the Community Development Department at 335-1290 to confirm date, time and place. ADJOURNMENT: The Board adjourns today's meeting to the Committee meeting(s) as noted: (See above for place of meetings) Internal Operations Committee 09-16-1996 9:00 A.M. See Above Transportation Committee 09-16-1996 10:30 A.M. See Above Finance Committee 09-16-1996 9:30 A.M. District V Office 300 E. Leland Ave.,#100 Pittsburg 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. i (09-10-1996) 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.I APPROVE a traffic resolution declaring a stop intersection at Magnolia Way and Poplar Drive, Walnut Creek area. C.2 APPROVE traffic resolutions limiting parking on a portion of Second Avenue, Crockett; Blackhawk Road, Danville; and Paulsen Lane, Walnut Creek. C.3 APPROVE and AUTHORIZE the Public Works Director to sign the Sixth Amendment to the Consulting Services Agreement with Kleinfelder, Inc., for miscellaneous soils investigations for the Richmond Corporation yard cleanup project, Richmond area. C.4 APPROVE and AUTHORIZE the Public Works Director to sign, on behalf of the Board of Supervisors' governed agencies a Common Use Agreement between GST Telecom, Inc., Central Contra Costa Sanitary District, Contra Costa County Redevelopment Agency and Contra Costa County Flood Control and Water Conservation District for the installation of the fiber optic system in the former Southern Pacific right of way - Alamo, Concord, Pleasant Hill, San Ramon and Walnut Creek areas. C.5 ACCEPT the completed contract with John M. Tyson Construction for the Castro Ranch Road slide repair project, Pinole area. Engin ering Services C.6 SUB 7365: AUTHORIZE completion of warranty period and release of Cash Deposit for Faithful Performance for subdivision being developed by Kaufman & Broad of Northern California, Oakley area. C.7 SUB 7151: APPROVE Road Improvement Agreement for subdivision being developed by Davidon Homes, Pleasant Hill area. C.8 SUB 7113: AUTHORIZE completion of warranty period and release of Cash Deposit for Faithful Performance for subdivision being developed by Winchester Place Associates, a California Ltd. Partnership, El Sobrante area. C.9 MS 3-95: APPROVE Parcel Map for minor subdivision being developed by James C. Muir and Maxine McMartin,Bay Point area. C.10 MS 3-95: APPROVE Deferred Improvement Agreement along Poinsettia Avenue for minor subdivision being developed by James C. Muir and Maxine McMartin,Bay Point area. C.11 MS 3-95: APPROVE Deferred Improvement Agreement along Solano Avenue for minor subdivision being developed by James C. Muir and Maxine McMartin,Bay Point area. C.12 MS 94-90: AUTHORIZE Grant Deed of Development Rights (street lights) for minor subdivision being developed by the McClung Trust, Alamo area. C.13 MS 94-90: APPROVE Parcel Map and Subdivision Agreement for minor subdivision being developed by Jeffrey& Carolyn McClung,Alamo area. 4 (09-10-1996) Engineering Services - Continued C.14 MS 44-88: ACCEPT completion of warranty period and release of Cash Deposit for Faithful Performance for minor subdivision being developed by G. Gilbert Smith, Walnut Creek area. C.15 MS 40-86: ACCEPT completion of warranty period and release of Cash Deposit for Faithful Performance for minor subdivision being developed by Paul D. Sparks, Concord area. C.16 LUP 2037-90: ACCEPT completion of warranty period and release of Cash Deposit under the Road Improvement Agreement for land use permit being developed by Customer Company, Bethel Island area. C.17 LUP 2030-90: ACCEPT completion of warranty period and release of Cash Deposit for Faithful Performance for land use permit being developed by Top Grade Construction, Inc., Pacheco area. C.18 RA 1029: ACCEPT Offer of Dedication for roadway purposes for road acceptance (Neroly Road)being developed by Liberty Union High School District, Brentwood area. C.19 RA 1029: ACCEPT Offer of Dedication for roadway purposes for road acceptance (O'Hara Road)being developed by Liberty Union High School District, Brentwood area. C.20 RA 1029: ACCEPT Offer of Dedication for roadway purposes for road acceptance (Brown Road)being developed by Liberty Union High School District, Brentwood area. C.21 RA 1026: ACCEPT Offer of Dedication for roadway purposes for subdivision ( SUB 7151; Hidden Pond Road) being developed by Kaufman& Broad, Pleasant Hill area. C.22 ROAD CLOSURE: RATIFY previous permission by the Public Works Director to completely close a portion of Knightsen Avenue for the period 9 a.m. September 3, 1996, through 2 p.m. September 6, 1996, for the purpose of railroad track installation and road repair, Brentwood area. C.23 ROAD CLOSURE: RATIFY previous permission by the Public Works Director to completely close a portion of Sellars Avenue for the period 9 a.m. August 19, 1996, through 2 p.m. August 23, 1996, for the purpose of railroad track installation and road repair, Brentwood area. C.24 ROAD CLOSURE: RATIFY previous permission by the Public Works Director to completely close a portion of Delta Road for the period 9 a.m. September 9, 1996, through 2 p.m. September 13, 1996, for the purpose of railroad track installation and road repair, Brentwood area. C.25 ROAD CLOSURE: RATIFY previous permission by the Public Works Director to completely close a portion of Byron Highway for the period 9 a.m. August 26, 1996, through 2 p.m. August 30, 1996, for the purpose of railroad track installation and road repair, Brentwood area. C.26 ROAD CLOSURE: GRANT permission to completely close a portion of Cypress Avenue for the period 12 am. September 16, 1996,through 5 p.m. September 19, 1996, for the purpose of railroad track installation and road repair, Brentwood area. C.27 ROAD CLOSURE: GRANT permission to completely close a portion of Bixler Road for the period August 22, 1996, through September 15, 1996, for the purpose of road construction, Byron area. 5 (09-10-1996) Engineering Services - Continued C.28 ROAD CLOSURE: GRANT permission to completely close a portion of Oakview Avenue on Sunday, September 15, 1996, from 12 p.m. until 6 p.m. for the purpose of the Oktoberfest fundraiser, Kensington area. C.29 ROAD CLOSURE: RATIFY previous permission by the Public Works Director to completely close a portion of Viera Avenue for the period August 28, 1996 through August 31, 1996, from 7 a.m. until 5 p.m. for the purpose of railroad track renovation, Antioch area. Special Districts & Coun1y Airports C.30 APPROVE License Agreement with the Contra Costa County Flood Control and Water Conservation District and Kaiser Foundation Hospitals for use of a portion of Tice Creek right of way, Walnut Creek area. C.31 APPROVE Right of Way Contract, ACCEPT Grant Deeds, and AUTHORIZE payment of $10,000 to Beverly G. Hammons for property rights required for the East Antioch Creek project in the City of Antioch. (Funding: 100%Drainage Area 56) C.32 ACCEPT the status and expense report through the fourth quarter and year end of fiscal year 1995-96 for the Blackhawk Geologic Hazard Abatement District, Danville area. C.33 ACCEPT the status and expense report through the fourth quarter and year end of fiscal year 1995-96 for the Canyon Lakes Geologic Hazard Abatement District, San Ramon area. C.34 APPROVE detailed program budget for fiscal year 1996-97, Blackhawk Geologic Hazard Abatement District, Danville area. C.35 APPROVE detailed program budget for fiscal year 1996-97, Canyon Lakes Geologic Hazard Abatement District, San Ramon area. C.36 CONSIDER authorizing the Chief Engineer to execute all necessary applications for rezoning, development plan and tentative map for the Pine Creek Detention Basin surplus property, Walnut Creek area. Statutory Ac ions C.37 APPROVE minutes for the month of August 1996 C.38 DECLARE certain ordinances duly published. Claims,Collections & Litigation C.39 DENY claims of A. Ashad; S. Austin, et al; California State Automobile Association; C. Lee; L. Lee; J. Lewis; D. Longyear-Hayden, et al; J. McDonald; L. Morgan; M. Munoz and M. Reidy. C.40 RECEIVE report concerning litigation matter Ronald Staal vs. Contra Costa County and AUTHORIZE payment from the Worker's Compensation Trust Fund in the amount of $101,000. Hearing Dates -None 6 (09-10-1996) Honors & Proclamations C.41 ADOPT Resolution congratulating the Walnut Creek Aquanuts for winning the gold medal in synchronized swimming at the 1996 Summer Olympics in Atlanta, Georgia, as recommended by Supervisor Bishop. Ordinances C.42 ADOPT Ordinance (introduced August 13, 1996) excluding and retitling classes in the Superior Court of Contra Costa County from the Merit System. C.43 ADOPT Ordinance (introduced August 13, 1996) excluding the classes of Social Service Public Information Officer-Exempt, Mental Health Education Liaison-Exempt, Emergency Planning Specialist-Exempt, and Health Plan Services Assistant-Exempt from the Merit System. Appointments & Resignations C.44 REASSIGN Surinder Sanwal to the permanent seat on the Citizens Advisory Committee, County Service Area R-9, DECLARE vacant the alternate position on the Committee, and DIRECT the Clerk of the Board to apply the Board's Policy for filling the vacancy, as recommended by Supervisor Rogers. C.45 APPOINT Charles Gibson to the Bay Point Redevelopment Area Project Citizens Advisory Committee, as recommended by Supervisor Torlakson. C.46 ACCEPT the resignation of Peter Daly from the Substance Abuse Advisory Board, and DIRECT the Clerk to apply the Board's policy for filling the vacancy, as recommended by Supervisor Rogers. C.47 APPOINT Carol Brandbois to the Bay Point Municipal Advisory Council (MAC), as recommended by Supervisor Torlakson. C.48 APPOINT Dan Freudenthal to the member at large seat on the Advisory Council on Aging, as recommended by the Social Services Department. C.49 ACCEPT the resignation of Erin Allred from the Countywide Youth Commission, and DIRECT the Clerk of the Board to apply the Board's policy for filling the vacancy, as recommended by Supervisor Torlakson. C.50 DECLARE vacant the business seat on the North Richmond Municipal Advisory Council (MAC), and DIRECT the Clerk of the Board to apply the Board's policy for filling the vacancy, as recommended by Supervisor Rogers. C.51 ACCEPT the resignation of Prentice Bancroft from the Mobile Home Advisory Committee, DIRECT the Clerk of the Board to apply the Board's policy for filling the position, and REFER the vacancy to the Internal Operations Committee. C.52 ACCEPT the resignation of Annie Le from the Countywide Youth Commission, and DIRECT the Clerk of the Board to apply the Board's policy for filling the vacancy, as recommended by Supervisor Smith. 7 (09-10-1996) Appointments & Resignations - Continued C.53 ACCEPT resignation of Lynn Cherry, as noticed by the Clerk, and APPOINT Janet Pygeorge to the Rodeo Municipal Advisory Council (MAC), as recommended by Supervisor Jeff Smith. C.54 REAPPOINT Virgie Jones to the Alamo-Lafayette Cemetery District, as recommended by Supervisor Bishop. C.55 ACCEPT resignation of Barry Cammer from the Substance Abuse Advisory Board, and DIRECT the Clerk of the Board to apply the Board's policy for filling the vacancy, as recommended by Supervisor Smith. C.56 APPROVE medical staff appointments and reappointments as recommended by the Medical Executive Committee on August 19, 1996. C.57 APPROVE appointment of Deborah Card to a member at large seat on the Advisory Council on Aging as recommended by the Council. C.58 DECLARE vacant the Local Committee seat held by Laura Beck on the Advisory Council on Aging and request the Clerk of the Board to apply the Board policy for filling the vacancy. C.59 REAPPOINT the following members to the Private Industry Council to two year terms ending September 30, 1998: Francoise Thimon (Business Representative); Tula Economou (Business Representative); George Hamm (Business Representative); Beth Lee (Economic Development Representative);Joe Goglio (Labor Representative); Cara Rubinstein Hoxie (Rehabilitation Representative); as recommended by the Council. Appropriation Adjustments - 1995 - 1996 FY -None Legislation -None Personnel Actions C.60 INCREASE hours of one Clerk-Senior Level position from 32/40 to 40/40 in the Probation Department. C.61 RECLASSIFY one Clerk-Senior Level position to Secretary-Journey Level in the County Clerk's Office. (Revenue Offset) C.62 RECLASSIFY the Airport Office Assistant position to Accounting Technician in the Public Works Department. (No General Funds) C.63 TRANSITION two Data Entry Operator II-Project positions into the Merit System in the County Clerk-Recorder's Office. C.64 RECLASSIFY one Precincts Coordinator position to Elections and Registration Manager in the County Clerk's Office. (Revenue Offset) C.65 REALLOCATE the salary of Small Business Development Center Director-Project on the salary schedule in the Private Industry Council. C.66 ESTABLISH the class of Human Resources Projects Manager on the salary schedule and TRANSFER the Manager-Employment Programs position to Human Resources Projects Manager. 8 (09-10-1996) Personnel Actions - Continued C.67 ADD one 20/40 Mental Health Specialist I position in the Health Services Department. (State Funds) C.68 RECLASSIFY three Clerk-Experienced Level positions to Account Clerk-Experienced Level in the Health Services Department. (Budgeted) C.69 ESTABLISH the class of Advice Nurse on the salary schedule and add four part-time (32/40) positions in the Health Services Department. (Salary Savings) C.70 RECLASSIFY one Driver Clerk position to Storekeeper for the Department of Information Technology. C.71 CANCEL a Deputy PIC Director position and ADD one PIC Employment Specialist-Project position in the Private Industry Council's Office. (Federal Funds) Grants & Contracts APPROVE and authorize execution of agreements between the County and following agencies for receipt of funds and/or services: C.72 APPROVE and AUTHORIZE the District Attorney to submit an application and execute a grant award with the State Department of Criminal Justice Planning in the amount of $150,000 for the funding of the Statutory Rape Vertical Prosecution Project for the period September 1, 1996 through June 30, 1997. (No Matching Funds) C.73 APPROVE and AUTHORIZE the Community Services Director, or designee, to submit a funding application to the U.S. Department of Health and Human Services, Administration for Children and Families, for one-time additional training and technical assistance discretionary funds in the amount of$20,000 for the period from October 1, 1996, through December 31, 1996. C.74 APPROVE and AUTHORIZE the Director of Public Works, or designee, to execute a contract with the Contra Costa County Redevelopment Agency in an amount not to exceed $20,000 to provide technical assistance during FY 1996-1997. (Consider with C.148) C.75 APPROVE and AUTHORIZE the Health Services Director to execute and submit an application to the State Department of Health Services for California Health Care for Indigents Program funds for fiscal year 1996-97, and to take such actions as necessary for conformance with State regulations and Board policy. C.76 APPROVE and AUTHORIZE the Health Services Director, or designee,to execute a contract with the State Department of Health Services in funding for the Bicycle Head Injury Prevention Project through September 30, 1997. (No County Match) C.77 APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute a State Education Coordination and Grants Funds Cooperative Agreement requesting $75,000 of Job Training Partnership Act funds and AUTHORIZE the Executive Director, Private Industry Council, to make non-substantive changes as may be required. (No County Match) C.78 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with the Office of Statewide Health Planning and Development to increase the payment limit by $51,615 to continue the Family Practice Residency Program through June 30, 1999. (No County Match) 9 (09-10-1996) Grants & Contracts - Continued C.79 APPROVE and AUTHORIZE the District Attorney to submit an application and execute a grant award with the State Department of Justice for funding in the amount of$110,000 for the Spousal Abuser Prosecution Project through June 30, 1997. (State funds-budgeted) C.80 APPROVE and AUTHORIZE the County Probation Officer to apply for and accept Office of Criminal Justice Planning funding up to $250,000 to provide mentoring and prevention, intervention and treatment services to selected high risk youth and their families through comprehensive coordination with law enforcement, schools and community-based organizations for the approximate period October 1, 1996 through September 30, 1997. (In- kind match to be provided through existing programs.) C.81 APPROVE and AUTHORIZE the County Administrator, or designee, to execute and submit an application for funding under the "Safe Kids - Safe Streets" Program through the Office of Justice Programs. C.82 APPROVE and AUTHORIZE the County Librarian to apply for and accept Federal Library Services and Construction Act funds for the period November 30, 1996, through September 30, 1997, to strengthen the Concord library's role as an information resource. (No matching fiords) C.83 APPROVE and AUTHORIZE the County Librarian to apply for and accept California State Library Literacy Program Transition Funds in the amount of$29,259 to continue a project to address the needs of adult new readers who learn in non-traditional ways, funding for which was eliminated in the 1996-97 Federal Budget. (County in-kind match) APPROVE and authorize execution of agreements between the County and following agencies as noted for the purchase of equipment and/or services: C.84 APPROVE and AUTHORIZE the Health Services Director, or designee,to execute a Medical Specialist Contract with David H. C. Raphael, M. D. (Specialty: General Surgery) through July 31, 1999. (Third Party Revenues) C.85 APPROVE and AUTHORIZE the Health Services Director, or designee,to execute a Medical Specialist Contract with Laura Timmerman, M.D. (Specialty: Orthopedics) through August 31, 1999. (Third Party Revenues) C.86 APPROVE and AUTHORIZE the Health Services Director, or designee,to execute a contract amendment with Wendy Eberhardt, M.D. to increase the contract payment limit by $500 to provide additional week-end telephone coverage services. (Budgeted) C.87 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Murray J. Krelstein, M.D. to increase the contract payment limit by $500 to provide additional psychiatric services through September 30, 1996. (Budgeted) C.88 APPROVE and AUTHORIZE the Sheriff-Coroner to enter into an agreement with Sentencing Concepts, Inc., in an amount not to exceed $25,000 for electronic monitoring of inmates. (Revenue offset) C.89 APPROVE and AUTHORIZE the Community Services Director, or designee, to execute and submit to the California Department of Education contract amendments to terminate one contract and to increase the maximum reimbursable amount in the second by $73,458 for the provision of general child care services. (No County funds) 10 (09-10-1996) Grants & Contracts - Continued C.90 APPROVE and AUTHORIZE the Community Development Director to execute a contract amendment with Debra Sanderson in the amount of $27,130 for additional monitoring services on the Shell and Tosco.Clean Fuels Projects, increasing the contract limit to $68,330, and extending the contract term through December 31, 1996. (Applicant fees) C.91 APPROVE and AUTHORIZE the Chair, Board of Supervisors, as the Board of Directors of the Orinda Fire Protection District, to execute a contract with the East Bay Municipal Utility District (EBMUD)in the amount of$20,000 for the provision of a study of the District's water supply and distribution system. (Budgeted) C.92 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Friends Outside in the amount of$132,696 for the provision of social and support services to adult detention facility inmates during the period September 1, 1996 through June 30, 1997. (Inmate Welfare Fund) C.93 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee,to execute a contract with the Contra Costa County Office of Education in the amount of$51,712 for the provision of adult education for adult detention facility inmates during the period September 1, 1996 through June 30, 1997. (Inmate Welfare Fund) C.94 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with the Council of Churches of Contra Costa County in the amount of $132,391 for the continued provision of counseling services to adult detention facility inmates during the period September 1, 1996 through June 30, 1997. (Inmate Welfare Fund) C.95 AUTHORIZE the Community Development Director to execute a contract amendment with Debra Sanderson in the amount of$15,000 for additional monitoring services on the Unocal Clean Fuels Project, increasing the contract limit to $43,200 and extending the contract term through December 31, 1996. (Applicant fees) C.96 APPROVE and AUTHORIZE the Director of General Services to execute Change Order No. l with William Dahn Construction for siding replacement at 10 Douglas Drive, Martinez. C.97 APPROVE and AUTHORIZE the Director of General Services to execute with Younger- Wunar, Inc., Change Order No. 5 for improvements at Fire Station No. 4, 700 Hawthorne Drive, Walnut Creek. C.98 APPROVE and AUTHORIZE the Community Development Director to execute a contract amendment with the firm of Environmental Science Associates, increasing the contract limit to $66,044, for environmental review services for the West Contra Costa Sanitary Landfill Class II Solid Waste Facility Permit Revision and Closure & Postclosure Maintenance Plans. (No County funds) C.99 APPROVE Second Engagement and Contingency Agreement and Addendum No. 1 to the Engagement and Contingency Agreement in the Tobacco Litigation and AUTHORIZE County Counsel to sign both documents. C.I00 APPROVE and AUTHORIZE the Health Services Director, or designee,to execute a contract amendment with AIDS Project of Contra Costa to increase the contract payment limit by $16,500 to provide additional AIDS education and prevention services through June 30, 1997. (State Funds) 11 (09-10-1996) Grants & Contracts - Continued C-101 APPROVE and AUTHORIZE the Health Services Director, or designee,to execute a contract amendment with Desarrollo Familiar to increase the contract payment limit by $16,500 to provide additional HIV/AIDS education and prevention services through June 30, 1997. (State Funds) C.102 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Planned Parenthood: Shasta-Diablo to increase the contract payment limit by $16,500 to provide additional HIV/AIDS education and prevention services through June 30, 1997. (State Funds) C.103 APPROVE and AUTHORIZE the Health Services Director, or designee,to execute a contract amendment with Many Hands, Inc. to increase the contract payment limit by $18,000 to provide additional vocational rehabilitation services for mentally handicapped clients through December 31, 1996. (County/Realignment Funds) C.104 APPROVE and AUTHORIZE the Health Services Director, or designee,to execute a contract with New Connections in the amount of $193,505 for provision of drug abuse prevention, intervention and treatment services in Northwest and Central County through June 30, 1997. (65%Federal, 17% State and 18% County Funds) C.105 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with New Connections in the amount of $155,685 for provision of drug abuse prevention, intervention and treatment services in East County through June 30, 1997. (69% Federal and 31%County Funds) C.106 APPROVE and AUTHORIZE the Health Services Director, or designee,to execute a contract amendment with Pittsburg Pre-School Coordinating Council to increase the contract limit by $16,500 to provide additional HIV/AIDS education and prevention services through June 30, 1997. C.107 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Center for Human Development with a payment limit of $488,942 for provision of Substance Abuse Primary Prevention Program services through June 30, 1997. (92% Federal and 8% County/Realignment) C.108 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute an Unpaid Student Training Agreement with the Board of Trustees of Peralta Community College District for provision of field instruction in the Health Services Department for radiology students through December 31, 1998. C.109 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute an Unpaid Student Training Agreement with the Regents of the University of California for provision of field instruction in the Health Services Department for students majoring in dietetics through June 30, 1999. C.110 APPROVE and AUTHORIZE the Executive Director, Private Industry Council, to execute a Vocational Training Agreement with Antioch Adult High School to provide vocational training to individually referred Job Training Partnership Act participants at certain fixed fees and to execute additional amendments as needed to comply with changes in state or federal regulations. (Federal Funds) 12 (09-10-1996) Grants & Contracts - Continued C.111 APPROVE and AUTHORIZE the Executive Director, Private Industry Council, to execute a Vocational Training Agreement with Turnkey Construction Management Institute to provide vocational training to individually referred Job Training Partnership Act participants at certain fixed fees and to execute additional amendments as needed to comply with changes in state or federal regulations. (Federal Funds) C.112 APPROVE and AUTHORIZE the Executive Director, Private Industry Council, to execute a Vocational Training Agreement with Mt. Diablo Adult Education with a payment limit of $67,500 to provide vocational training to individually referred Job Training Partnership Act participants at certain fixed fees and to execute additional amendments as needed to comply with changes in state or federal regulations. (Federal Funds) C.113 APPROVE and AUTHORIZE the Executive Director, Private Industry Council, to execute a Vocational Training Agreement with Western College of Travel Careers, Inc., to provide vocational training to individually referred Job Training Partnership Act participants at certain fixed fees and to execute additional amendments as needed to comply with changes in state or federal regulations. (Federal Funds) C.114 APPROVE and AUTHORIZE the Executive Director, Private Industry Council, to execute a Vocational Training Agreement with Pacific College of Acupressure to provide vocational training to individually referred Job Training Partnership Act participants at certain fixed fees and to execute additional amendments as needed to comply with changes in state or federal regulations. (Federal Funds) C.1 15 APPROVE and AUTHORIZE the Community Services Director, or designee, to execute contracts for Expanded State Preschool services effective July 1, 1996 through June 30, 1997 as follows: (No County Funds) Contractor Payment Limit Pittsburg Preschool Coordinating Council $ 94,920 Mt. Diablo Community Child Care Advocates 94,920 Greater Richmond Social Services Corporation 47,460 YWCA of Contra Costa County 199,840 TOTAL $427,140 C.116 APPROVE and AUTHORIZE the County Purchasing Services Manager to execute a contract amendment with Chris Lehon in the amount of $17,850 for additional contract employee services, increasing and extending the term through June 30, 1997. (Applicant Fees) C.117 APPROVE and AUTHORIZE the County Purchasing Services Manager to execute a contract with Michael E. Jackson in the amount of $55,000 for contract employee services from October 1, 1996 to December 31, 1997. (Federal Funds) C.118 APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute an agreement amendment with Abolghasem Malekani to provide additional Project Year 2000 programming services, increasing the payment limit from $25,000 to $105,000 and extending the expiration date from September 20, 1996 to June 30, 1997 (Budgeted) C.119 APPROVE and AUTHORIZE the County Probation Officer to enter into an agreement with Sonoma County for the purpose of placing delinquent wards of the Court in Sonoma County's Sierra Youth Center at a monthly rate of$2,800 per youth. (Cost savings) 13 (09-10-1996) Grants & Contracts - Continued C.120 APPROVE and AUTHORIZE the County Administrator, or his designee, to execute Amendment No. 19 with Kaplan/McLaughlin/Diaz in the amount of$23,700 for equipment changes in the Imaging Department of the Merrithew Memorial Hospital Project. (Budgeted) Leases C.121 AUTHORIZE the Director of General Services to execute a Revenue Lease with David E. Rinehart for the premises at 597 Center Avenue, Suite 315, Martinez. C.122 AUTHORIZE the County Auditor-Controller to pay a rental increase for the premises at 3024 Willow Pass Road, Concord, for continued use by the District Attorney and Public Defender. (Budgeted) Other Actions C.123 APPROVE the report on the County's Adoptions Improvement Program, as recommended by the Family and Human Services Committee. C.124 ADOPT Resolution regarding Supplemental Law Enforcement Services Fund and Supplemental Law Enforcement Oversight Committee in order to comply with the requirements of Chapter 134, Statutes of 1996 (AB-3229) regarding the receipt of State Law Enforcement Funds. C.125 DENY request of W. Dennis Barry for refund of property taxes for the tax years 1993-94 and 1994-95. C.126 ADOPT a resolution authorizing issuance and sale of Tax and Revenue Anticipation Notes on behalf of the Lafayette Elementary School District. C.127 ACCEPT fiscal year 1995-1996 Development Impact Fee Report as recommended by the Director, Growth Management and Economic Development Agency. C.128 APPROVE the addition of Musik, Peeler & Garrett to the County's list of Qualified Bond Counsel for single family and multi-family mortgage revenue bond financings, as recommended by the Director of Community Development. C.129 DESIGNATE the Bethel Island Municipal Advisory Council and the Byron Municipal Advisory Council as local agencies requiring a Conflict of Interest code. C.130 ADOPT the recommendation of the Oakley Municipal Advisory Council (MAC) supporting the application of Javier and Maria Chavez to the State Department of Alcohol and Beverage Control for an off-sale liquor license for use at 3400 Main Street, Oakley, by a fording of public convenience and necessity. C.131 ADOPT a Resolution supporting the West County Section of Bay Trail in October 1997 Congestion Management Plan Update, as recommended by Supervisor Rogers. C.132 DIRECT the Building Inspection Director, pursuant to County Ordinance Code Chapter 14-6, to forward to the County Recorder assessments of certain persons and premises for the purpose of levying liens on the 1996-97 tax bills. 14 (09-10-1996) Other Actions - Continued C.133 APPROVE and AUTHORIZE renewal of the following cardroom licenses, as recommended by the Sheriff-Coroner: a) License No. 8 -Troy's Club -Rodeo; Louis A. and Margaret Ann Rose, owners; and b) License No. 2 - C. P. Casino - Baypoint; Constantinos and Therese Papaidannou, Owners C.134 APPROVE and AUTHORIZE the Sheriff-Coroner to accept the donation of an historic badge collection from the Sheriffs Posse. C.135 APPROVE plans and specifications for security fence repair at West County Detention Facility, 5555 Giant Highway, Richmond, and direct the Clerk to advertise for bids to be received on October 10, 1996. C.136 APPROVE procedures for requesting certified payroll records, computing penalties and issuing penalty notices to contractors for late delivery of records. C.137 AUTHORIZE the Chair, Board of Supervisors,to execute Letter of Transmittal to accompany FY 1995-96 Area Agency on Aging End of the Year Report. C.138 ACCEPT from the County Clerk the Canvass of Votes for the August 7, 1996, Special Election for County Service Area P-6,Zone 1604,MS 12-93,Alamo area. C.139 AUTHORIZE the County Clerk to consolidate with the November 5, 1996, General Election the elections of the City of Brentwood and the City of El Cerrito. C.140 AUTHORIZE discharge from accountability for collection of accounts in the amount of $23,880 which have been determined to be uncollectible in the Public Works Department. C.141 DETERMINE the need to continue emergency action for the repair of San Ramon Creek Drop Structure No. 7, Danville area. C.142 DETERMINE the need to continue emergency action for the repair of the "Hill 310" Land Creep, Bay Point. C.143 ADOPT resolution establishing secured property tax rates and levy of property taxes for fiscal year 1996-97. C.144 RATIFY the Zoning Administrator's decisions regarding Shell Oil Company's compliance with Condition#35B for Cogeneration Unit and with Condition#23 for the Vent Gas Treater, the Heavy Gasoline Hydrotreater, and the Caustic Regeneration Unit No. 2. C.145 APPROVE proposed dissolution of County Service Areas (CSAs) M-11 and M-19 (LAFC 96-16)without hearing or election pursuant to Government Code Section 56261, Orinda area. Housing Authority C.146 ADOPT resolution approving and authorizing execution by the Chair of the Board of Commissioners of the Housing Authority of the County of Contra Costa Section 8 Rental Certificate and Rental Voucher Program Annual Contributions Contract No. SF-468, as amended. 15 (09-10-1996) Mousing Authority - Continued C.147 APPROVE and AUTHORIZE the Executive Director, Housing Authority, to execute and submit to the U.S. Department of Housing and Urban Development (HUD) a fiscal year 1996 HOPE VI Program application in the amount of$10 million for demolition, density reduction, home ownership opportunities and resident self-sufficiency programs at Las Deltas, North Richmond; and APPROVE and AUTHORIZE the Chair, Board of Commissioners,to execute resolutions authorizing the grant submission and expenditure of funds and a HUD Demolition/Disposition application. Redevelgpment Agency C.148 APPROVE and AUTHORIZE the Deputy Director-Redevelopment,to execute a contract with Contra Costa County in an amount not to exceed $20,000 for technical assistance from the Public Works Department during FY 1996-1997. (Consider with C.74) Correspondence C.149 LETTER from State Senator Daniel E. Boatwright, Chairman, Committee on Business and Professions, commenting on grant monies that may be available to Contra Costa County for juvenile justice and criminal justice programs. REFER TO COUNTY ADMINISTRATOR C.150 LETTER from W. E. Cossel, Brentwood, advising of his interest in purchasing the Bay View Mobilehome Park, with funding secured through the Mobilehome Park Resident Ownership Program (MPROP). REFER TO COMMUNITY DEVELOPMENT DIRECTOR C.151 LETTER from H. M. Nichandros, Orinda, requesting assistance with the deer population and resulting problems in the Lamorinda area. REFER TO ANIMAL SERVICES DIRECTOR C.152 LETTER from Director of Employee Benefits and Labor Relations, Whittaker Corporation, Simi Valley, California, providing notification (pursuant to the Worker Adjustment and Retraining Act) that approximately 153 employees will be affected by the closure of the Safety Systems facility located at 2731 Systron Drive, Concord, on December 31, 1996. ACKNOWLEDGE RECEIPT AND REFER TO HUMAN RESOURCES DIRECTOR AND EXECUTIVE DIRECTOR, PRIVATE INDUSTRY COUNCIL C.153 Letters from Senior Manager, KPMG Peat Marwick, presenting claims for refund of property taxes paid in fiscal year 1992-93 on behalf of: Home Savings of America, FSB $1,831 Union Bank of California 1,200 Bank of America 10,800 REFER TO TREASURER-TAX COLLECTOR, COUNTY COUNSEL,AND ASSESSOR C.154 LETTERS from representatives of construction/engineering firms expressing opposition to the proposed amendments by the Steamfitters and Pipefitters Union, Local 342,to the recently adopted Hazardous Materials Commission Ordinance, and requesting Board support for realistic alternatives. REFER TO AD HOC COMMITTEE ON INDUSTRIAL SAFETY, COMMUNITY DEVELOPMENT DIRECTOR, and HEALTH SERVICES DIRECTOR C.155 LETTER from G. P. Stern, Lafayette, urging the Board to reexamine and tighten urban limit lines to assure that future development occurs in a fashion that recognizes the benefits of open space and preserves agricultural land. REFER TO COMMUNITY DEVELOPMENT DIRECTOR 16 (09-10-1996) Consent Items of Board Members C.156 ADOPT resolution supporting an application by the City of Richmond for the U.S. Department of Housing and Urban Development Section 108 Loan Guarantee Program and Economic Development Initiative Homeownership Zone Grant for the property in the vicinity of the Richmond Intermodal Station, as recommended by Supervisor Rogers. C.157 ESTABLISH an Animal Welfare Advisory Committee similar in structure to the dissolved Animal Services Advisory Committee with the District III Supervisor making the initial recommendations for the seven committee appointments, as recommended by Supervisor Bishop. Information Items -None 17 (09-10-1996) SUPPLEMENTAL CALENDAR OF CLOSED SESSION ITEMS FOR THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY AND FOR SPECIAL DISTRICTS,AGENCIES,AND AUTHORITIES GOVERNED BY THE BOARD BOARD CHAMBERS, ROOM 105,ADMINISTRATION BUILDING, TUESDAY,September 10, 1996,8:30 A.M. AND THEREAFTER DURING THIS REGULAR September 10, 1996 MEETING A. CONFERENCE WITH LABOR NEGOTIATORS " 1. Agency Negotiators: Leslie Knight, Kathleen Ito,and Keith Fleming(IEDA). Employee Organizations:Contra Costa County Employees'Assoc., Local No. 1;AFSCME Locals 512 and 2700; Calif. Nurses Assoc. (CNA); SEIU and Social Services Union Local#535;C.C.C. Appraiser's Assn.; District Attorneys Inspectors Assoc.; Deputy Sheriffs Assn. (DSA); United Prof. Firefighters, Local 1230;Contra Costa Physicians Union;Western Council of Engineers;and Teamsters Local 315. B. EXISTING LITIGATION-CONFERENCE WITH LEGAL COUNSEL. (LITIGATION HAS BEEN FORMALLY INITIATED. GOV. CODE,§54956.9(A). CASES: 1. Jesus Sandoval v. Contra Costa County, Sup.Ct. No. C95-02347 2. Bernice Cobb v. Contra Costa County,WCAB No.WCK 021619. 3. Estella Warner v. Contra Costa County,WCAB No.WCK 024106 4. Robert Taylor v. Contra Costa County,A072096, Sup.Ct. No.C95-09033 5. Chevron USA,Inc. v.State Bd. of Equalization,et al., LASC No. BC00387 6. City and County of San Francisco v.Philip Morris,et al.,No. C96-2090-DLJ C. LIABILITY CLAIMS Claimants:Alton&Connie Tomlinson, Claim No. 16 1700 J. Agency claimed against: Contra Costa County D. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION 1. Initiation of litigation pursuant to subdivision(c)of Section 54956.9: Number of potential cases-one. E. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION-SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO SUBDIVISION (B)OF SECTION 54956.9. POTENTIAL CASES: 1. §54956.9,(b)(1)&(3)(D)(E)-One. Involving threats of litigation outside of open and public meetings on specific matters within the responsibility of the County. HADFOTITL-SMSEPT10. M l .r SUMMARY OF THE PROCEEDINGS BEFORE THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY MEETING IN ALL ITS CAPACITIES PURSUANT TO ORDINANCE CODE SECTION 24-20402 TUESDAY, SEPTEMBER 10, 1996 CONSENT ITEMS: Approved as listed except as noted below: SHORT DISCUSSION ITEMS: Approved as listed except as noted below: SD.1 ADOPTED a position in support of Proposition 217, an initiative for the November 5, 1996 ballot, reinstating the 10% and 11% State income tax rates, of which a portion is returned to local jurisdictions.(AYES: I II IV and V; NOES: None; ABSENT: None; ABSTAIN: III) SD.3 REFERRED to the Internal Operations Committee, for report to the Board of Supervisors, the proposed Ordinance delegating certain lease documents be executed by the staff rather than listing them on the agenda.(AYES: 1 II III and V; NOES: IV; ABSENT: None; ABSTAIN: None) SDA CONTINUED to October 22, 1996, the request for reconsideration of the Board of Supervisor's decision on the application (LUP 2061-95) of Dale Bridges to establish a used car lot in the Alamo area. SD.5 CONTINUED to September 24, 1996, the status of the implementation of conditions of approval for the Bettencourt Modified Final Development Plan, (DP 3003-95); and DIRECTED the Community Development Department staff to hold a meeting of interested parties on September 16, 1996 at 1:30 p.m., in the 2nd Floor Conference Room, 651 Pine Street, Martinez. (AYES: I III IV and V; NOES: None; ABSENT: II; ABSTAIN: None) SD.10 GRANTED jurisdiction to the Building Inspection Department to abate real property located at 2667 May Road, El Sobrante, Ferrell and Opal England (owners). DELIBERATION ITEMS: Approved as listed except as noted below: D.1 DELETED. D.5 CONTINUED to September 17, 1996, consideration of the 1995-96 Grand Jury Report Item No. 9610; and ADOPTED 1995-96 Grand Jury Report Item No. 9608 as modified, and Item No. 9611 as presented.(AYES: I III IV and V; NOES: None; ABSENT: II; ABSTAIN: None) D.7 APPROVED the recommendations of the County Administrator on the status of electric energy deregulation and the request of the Modesto Irrigation District to deliver electric energy in Contra Costa County; and REQUESTED that appropriate staff consider the issues raised today including the LAFCO process, low income and energy efficiency subsidies, revenue enhancements and policies that would represent the people of Contra Costa County; and URGED all parties to read the report and sample agreement and bring their concerns to the attention of appropriate staff. 1 (09-10-1996 -Sum) D.8 CONTINUED to September 24, 1996, the consideration of adoption of a position in support of Propositions 214 and 216, providing additional regulations on the health care industry for the protection of patients from actions by HMO's and health care insurers limiting access to health care; and REFERRED the Propositions to the County Administrator and the Health Services Department for analysis and report to the Board. CLOSED SESSION: The Board took the following reportable action in closed session: The Chair announced the approval of the Intercounty Pipeline Rights-of-Way Settlement Agreement and the Intercounty Pipeline Lands and Intercounty Pipeline Facilities Settlement Agreement; and the authorization of the County Counsel and/or Assessor to sign the Agreements on behalf of the County. D.10 PUBLIC COMMENT: Larry Lee Stambaugh, Contra Costa Resident, commented on the issue of oaths of office; Gregory Nichols, c/o 1055 Sunnyvale-Saratoga, Sunnyvale, commented on issues regarding County Counsel; Noelle Jansen, 929 Oak Grove Rd., Concord, commented on the Child Abuse Task Force and the issue of oaths of office; The Chair read a letter from Peter Radetic, 890 Golf Club Rd., Pleasant Hill, concerning leaf blower noise. D.11 DENIED the Appeal by Paul S. Taybi and Ryan L. Werner (Appellants), and upheld the decision of the Contra Costa County Planning Commission on the application (Montessori Family School, Applicant and First Unitarian Church of Berkeley, Owner), for approval to establish a private school within an existing building consisting of eight classrooms for a maximum of 80 students, Kensington area. (County File #LP 2023-96); and ADOPTED the mitigated Negative Declaration for this project; and APPROVED the Mitigation Monitoring and Reporting Program; and ADOPTED the findings contained in Resolution 16-1996; and DIRECTED the Director of the Community Development Department to post a Notice of Determination with the County Clerk. D.12 CONTINUED to September 17, 1996, consideration of approval of a Franchise Agreement with Bay View Refuse and Recycling Services, Inc. and the County, for the provision of solid waste and recycling services in the Kensington area, and possible intent to approve the Memorandum of Understanding with Kensington Police Protection and Community Services District for provision of such services by Bay View Refuse and Recycling Services, Inc.; and REFERRED the issues and concerns expressed today to the Growth Management and Economic Development Department for a report to the Board. (AYES: I IV V; NOES: 111 11; ABSENT: None; ABSTAIN: None) D.13 CONTINUED to September 24, 1995, (A). Consideration of adoption of an Ordinance authorizing a special election for a special tax to provide funding for extended services for County Service Area M-29, Dougherty Valley; and (B.) Consideration of adoption of a resolution accepting the tentative report and consideration of assessing a benefit assessment for County Service Area M-29, Dougherty Valley. 2 (09-10-1996 -Sum) ,S. D.14 REAFFIRMED the Board of Supervisor's action on December 20, 1994, dealing with the duties of the County's three planning commissions; and DIRECTED staff to process an ordinance amendment which clarifies the duties of the three commissions consistent with that prior Board direction; and CLARIFIED that the County Planning Commission is the official hearing body for the Dougherty Valley (Phase 2), Wendt Ranch and Tassajara Meadows projects; and RATIFIED the proposed hearing schedules as amended. (AYES: IV V and II; NOES: I III; ABSENT: None; ABSTAIN: None) ADJOURNMENTS: As listed on the agenda except as noted below: ADJ.3 ADJOURNED in the Honor of the Memory of Howard Higgins, long-time rancher and business owner in East County as recommended Supervisor Torlakson. 3 (09-10-1996 -Sum)