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HomeMy WebLinkAboutAGENDA - 05112010 - Annotated AgendaCALENDAR FOR THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY AND FOR SPECIAL DISTRICTS, AGENCIES, AND AUTHORITIES GOVERNED BY THE BOARD BOARD CHAMBERS ROOM 107, ADMINISTRATION BUILDING, 651 PINE STREET MARTINEZ, CALIFORNIA 94553-1229 JOHN GIOIA,CHAIR, 1st DISTRICT GAYLE B. UILKEMA, 2nd DISTRICT MARY N. PIEPHO, 3rd DISTRICT SUSAN A. BONILLA, 4th DISTRICT FEDERAL D. GLOVER, 5th DISTRICT DAVID J. TWA, CLERK OF THE BOARD AND COUNTY ADMINISTRATOR, (925) 335-1900 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. AGENDA May 11, 2010 9:00 A.M. Convene and announcement adjournment to Closed Session in Room 101. Present: District I Supervisor John Gioia District II Supervisor Gayle B. Uilkema District III Supervisor Mary N. Piepho District IV Supervisor Susan A. Bonilla District V Supervisor Federal D. Glover Attendees:David J. Twa Closed Session Agenda : A. CONFERENCE WITH LABOR NEGOTIATORS 1. Agency Negotiators: Ted Cwiek 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, Local1021; 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 United Health Care Workers West; East County Firefighters’ Assn.; Contra Costa County Defenders Assn.; Probation Peace Officers Assn. of Contra Costa County; Contra Costa County Deputy District Attorneys’ Assn.; and Prof. & Tech. Engineers, Local 21, AFL-CIO. 2. Agency Negotiators: David Twa and Ted Cwiek. Unrepresented Employees: All unrepresented employees. B. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Gov. Code, § 54956.9(a)) 1. Robert Pastor v. Contra Costa County, WCAB No. ADJ 2418134 2. Marion Anderson v. Contra Costa County, WCAB No. OAK 344844 3. Friends of Garrity Creek v. County of Contra Costa, et al, California Court of Appeal, First Appellate District, Case No. A125945 Minutes By unanimous vote with all Supervisors present, the Board determined not to seek review by the California Supreme Court of a decision by the California Court of Appeal, First Appellate District, in the matter of Friends of Garrity Creek v. County of Contra Costa, et al, First Appellate District Case No. A125945. 9:30 A.M. Call to order and opening ceremonies. Inspirational Thought - "The art of mothering is to teach the art of living to children." ~ Elain Heffner CONSIDER CONSENT ITEMS (Items listed as C.1 through C.74 on the following agenda) – Items are subject to removal from Consent Calendar by request of any Supervisor or on request for discussion by a member of the public. Items removed from this section will be considered with the Short Discussion Items. PRESENTATIONS PR.1 PRESENTATION proclaiming May 2010 as Mental Health Month in Contra Costa County. (Donna Wigand, Mental Health Director and Peter Mantas, Chair, Contra Costa Mental Health Commission) (See C.11) Vote: 5 - 0 PR.2 PRESENTATION honoring Len Battaglia and Michael Murray for their many years of dedicated service as Contra Costa County Planning Commissioners. (Supervisors Gioia and Piepho) (See C.15 and C.17) Vote: 5 - 0 PR. 3 PRESENTATION from the Health Services Department on the Regional Medical Center Cancer Program being one of only three California hospitals to receive the 2009 Outstanding Achievement Award from the American College of Surgeons’ Commission on Cancer. (Sharon Hiner, M.D. and Marianne Bunce-Houston, Health Services Department) Vote: 5 - 0 SHORT DISCUSSION ITEMS SD. 1 PUBLIC COMMENT (3 Minutes/Speaker) The following people spoke: Mary Harms, In-Home Support Services, said some progress is being made on pension negotiations with IHSS; Alfred Accurso, resident of Contra Costa County, regarding a fraud complaint filed with District Attorney’s office and requesting further review and/or assistance; The following people spoke in regard to the county Project Labor Agreement policy in respect to bidding, in particular on the asphalt and cape seal project for roads in Brentwood: Guy Crow, Valley Slurry Seal; Frank Rocha, ISS; Mark Calender, resident of Lafayette; Timothy Allen, resident of Pittsburg; Eric Christen, Coalition for Fair Employment in Construction; Nicole Goehring, Associated Builders & Contractors; Jason Lampley, ISS; Dan Blank, ISS; Greg Schinenberg, Helix Electric, Inc.; Mike Sonnikson, resident of Martinez; Paul Youhana; Aram Hodess, Plumbers & Steamfitters 159; Tom Quinn, Carpenters 1152; Bob Sewell, UA Local 159; Tom Hansen, IBEW 302; Ken Edgecomber, Operating Engineers Local 3; Greg Feere, Contra Costa Building Trades Council. Julie Bueren, Director of Public Works, clarified for the Board that the only two bids were received on the advertised Minutes project, and neither bid achieved the outreach requirements. She further noted that a project labor agreement is required for projects exceeding two millions dollars. The department will allow the bids to expire and readvertise the project with a change in the specifications to allow for a different material to be used. Ms. Bueren noted the department hopes to complete the project this summer. SD. 2 CONSIDER Consent Items previously removed. SD. 3 HEARING to consider possible adoption of Resolution No. 2010/245 accepting tabulation of mail-in ballots, confirming the Engineer’s Report, and authorizing the levy of street light charges for Minor Subdivision 09-0011, Antioch area. (Susan Cohen, Public Works) (100% County Service Area L-100 Funds) CLOSED the hearing; TABULATED the Ballot; and ADOPTED Resolution No. 2010/245 accepting tabulation of mail- in ballots, confirming the Engineer’s Report and authorizing the levy of street light charges to operate and maintain facilities and services for Minor Subdivision 09-0011. Vote: 5 - 0 GEOLOGIC HAZARD ABATEMENT DISTRICTS BOARD OF DIRECTORS SD. 4 Acting as the Board of Directors of the Hillcrest Heights Geologic Hazard Abatement District (GHAD), conduct HEARING to consider adoption of GHAD Resolution Nos. 2010/03 and 2010/04 approving annexation of the Colina Canyon subdivision to the Hillcrest Heights GHAD and approving the Colina Canyon GHAD Plan of Control, declaring intention to order an assessment for annexed territory, and setting a public hearing for July 13, 2010, at 10:00 a.m. to consider the proposed assessment and any protests against the assessment. (Bill Wigginton, General Manager) CLOSED the hearing; ADOPTED Resolution No. 2010/03 approving the annexation of the Colina Canyon subdivision into the Hillcrest Heights Geologic Hazard Abatement District (“GHAD”) and approving the Colina Canyon GHAD Plan of Control; and ADOPTED the revised Resolution No. 2010/04 to fix a public hearing for May 18, 2010 at 10:00 a.m. Vote: 5 - 0 SD. 5 Acting as the Blackhawk Geologic Hazard Abatement District (GHAD) Board of Directors, conduct HEARING to consider adoption of GHAD Resolution No. 2010/01, adopting the Fiscal Year 2010/2011 budget and updated payment limit. (Richard Short, General Manager) CLOSED the hearing; and ADOPTED Blackhawk GHAD Resolution No. 2010/01, adopting the Fiscal Year 2010/2011 budget and updated payment limit. Vote: 5 - 0 SD. 6 Acting as the Canyon Lakes Geologic Hazard Abatement District (GHAD) Board of Directors, conduct HEARING to consider adoption of GHAD Resolution No. 2010/01 adopting the Fiscal Year 2010/2011 budget and updated payment limit. (Richard Short, General Manager) CLOSED the hearing; and ADOPTEdD Canyon Lakes GHAD Resolution No. 2010/01 adopting the Fiscal Year 2010/2011 budget and updated payment limit. Vote: 5 - 0 Minutes CONTRA COSTA COUNTY BOARD OF SUPERVISORS 10:00 a.m. SD. 7 HEARING on the itemized costs of abatement for property located at 385 Pinole Ave, Rodeo, CA (Malgorzata & Khari Taylor, Owners), (Jason Crapo, Department of Conservation and Development) Vote: 5 - 0 SD. 8 HEARING on the itemized costs of abatement for property located at 179 Enes Ave., Bay Point, CA (Anna Rosa Dorantes, Owner), (Jason Crapo, Department of Conservation and Development) CLOSED the hearing; DETERMINED the costs of all abatement work and all administrative costs to be $6,242.66; ORDERED the itemized report confirmed and DIRECTED it to be filed with the Clerk of the Board of Supervisors; ORDERED the costs to be specially assessed against the above-referenced property and AUTHORIZED the recordation of a Notice Of Abatement Lien. Vote: 5 - 0 SD. 9 HEARING on the itemized costs of abatement for property located at 330 Garretson Ave, Rodeo, CA (Nelson A. Pareja, Owner), (Jason Crapo, Department of Conservation and Development) CLOSED the hearing; DETERMINED the costs of all abatement work and all administrative costs to be $1, 333.20; ORDER the itemized report confirmed and DIRECTED it to be filed with the Clerk of the Board of Supervisors; ORDERED the costs to be specially assessed against the above-referenced property; and AUTHORIZED the recordation of a Notice Of Abatement Lien. Vote: 5 - 0 SD.10 HEARING on the itemized costs of abatement for property located at 127 Willard Ave., Richmond, CA (Rodolfo Chinchilla, Owner), (Jason Crapo, Department of Conservation and Development) CLOSED the hearing; DETERMINED the costs of all abatement work and all administrative costs to be $1,618.42; ORDERED the itemized report confirmed and DIRECTED it to be filed with the Clerk of the Board of Supervisors; ORDERED the costs to be specially assessed against the above-referenced property; and AUTHORIZED the recordation of a Notice Of Abatement Lien. Vote: 5 - 0 SD.11 HEARING on the itemized costs of abatement for property located at 11 Chesley Ave., Richmond, CA (Charles Bonner, Owner), (Jason Crapo, Conservation and Development). CLOSED the hearing; DETERMINED the costs of all abatement work and all administrative costs to be $1,972.38; ORDERED the itemized report confirmed and DIRECTED it to be filed with the Clerk of the Board of Supervisors; ORDERED the costs to be specially assessed against the above-referenced property; and AUTHORIZED the recordation of a Notice Of Abatement Lien. Vote: 5 - 0 SD.12 HEARING on the itemized costs of abatement for property located at Willard Ave., Richmond, CA (Irving Stuart, Owner), (Jason Crapo, Conservation and Development). Minutes CLOSED the hearing; DETERMINED the costs of all abatement work and all administrative costs to be $987.44; ORDERED the itemized report confirmed and DIRECTED it to be filed with the Clerk of the Board of Supervisors; ORDERED the costs to be specially assessed against the above-referenced property; and AUTHORIZED the recordation of a Notice Of Abatement Lien. Vote: 5 - 0 SD.13 HEARING on the proposed increase of the victim restitution administrative fee from 10% to 15% of the amount ordered by the court to be paid, pursuant to Penal Code section 1203.1. (Julie Enea, County Administrator's Office) CLOSED the hearing; FOUND that the current 10% administrative fee does not recover the actual collections costs for victim restitution; FOUND that the current fee revenue and collections costs for victim restitution do not exceed 15% of the amount ordered by the court to be paid; and APPROVED the victim restitution administrative fee of 15% of the amount ordered by the court to be paid. Vote: 5 - 0 SD.14 HEARING to consider adopting Resolution No. 2010/251, authorizing the Probation Department to increase the fee for "change of plea" reports by $30, from $120 per report to $150 per report. (Paula Hernandez, Chief Deputy County Probation Officer) CLOSED the hearing; ADOPTED Resolution No. 2010/251, authorizing the Probation Department to charge a fee of $150.00 per request to change a plea report Vote: 5 - 0 SD.15 HEARING to consider adopting Resolution No. 2010/262, authorizing the Probation Department to increase the monthly fee for adult probation supervision services by $25, from $50 to $75 per probationer. (Paula Hernandez, Chief Deputy County Probation Officer) CLOSED the hearing; and ADOPTED Resolution No. 2010/262, authorizing the Probation Department to charge a fee of $75.00 per month per adult probationer for probation supervision services. Vote: 5 - 0 SD.16 HEARING to consider adopting Resolution No. 2010/253, authorizing the Probation Department to increase the fee for care of minors at the Orin Allen Youth Rehabilitation Facility and Juvenile Hall by approximately $13, from $17.03 to $30 per minor, per day. (Paula Hernandez, Chief Deputy County Probation Officer) CLOSED the hearing; ADOPTED Resolution No. 2010/253, authorizing the Probation Department to charge a fee of $30.00 per day for the cost of care of a minor in detention at Orin Allen Youth Rehabilitation Facility and Juvenile Hall. Vote: 5 - 0 SD.17 HEARING to consider adopting Resolution No. 2010/252, authorizing the Probation Department to increase the fee for juvenile record seal investigations by $30, from $120 to $150. (Paula Hernandez, Chief Deputy County Probation Officer) CLOSED the hearing; ADOPTED Resolution No. 2010/252, authorizing the Probation Department to charge a fee of $150.00 for juvenile record seal investigations. Minutes Vote: 5 - 0 SD.18 ADOPT Resolution No. 2010/257 approving the Side Letter between Contra Costa County and the Public Employees Union, Local One, regarding the classifications of Cardiac Ultrasonographer-Per Diem and Pharmacist-Per Diem which defines the number of hours per calendar year each incumbent may work and the conditions under which they may work. (Ted Cweik, Human Resources Director) CLOSED the hearing; and ADOPTED Resolution No. 2010/257 approving the Side Letter between Contra Costa County and the Public Employees Union, Local One, regarding the classifications of Cardiac Ultrasonographer-Per Diem and Pharmacist-Per Diem. Vote: 5 - 0 1:00 p.m. DELIBERATION ITEMS D.1 CONSIDER adoption of the Fiscal Year 2010/11 County Budget; and DIRECT the County Administrator to return to the Board by the end of September with further recommendations and/or refinements to the Proposed County Special Districts and County Service Area Budgets. (David Twa, County Administrator) (All Districts) Consider with D-2. Speakers: Bob Britton, IFPTE Local 21. CLOSED the hearing; ADOPTED the FY 2010-11 Recommended County Budget with no modification to the budget proposed on April 20, including all program changes set forth in the NOTICE OF PUBLIC HEARING (Beilenson Notice); ACKNOWLEDGED that pending action by the State regarding its budget may require subsequent adjustments to this Recommended Budget; ACKNOWLEDGED that the Board of Supervisors has scheduled a Pension Workshop for May 18, 2010; DIRECTED the County Administrator to return to the Board by the end of September with further recommendations and/or refinements to the Proposed County Special District and County Service Area Budgets; AUTHORIZED and REQUESTED the Auditor-Controller to adjust FY 2009-10 appropriations and revenues by reallocating and balancing budgeted and actual expenditures and revenues as needed for various budget units and special districts, subject to Board approval in September; and AUTHORIZED the Auditor-Controller to make technical adjustments to the FY 2010-11 County and Special District Budgets when actual amounts are known . Vote: 5 - 0 D.2 CONSIDER adopting Resolution No. 2010/244 authorizing the deletion of certain positions in affected departments. (David Twa, County Administrator) Consider with D-1. CLOSED the hearing; and ADOPTED Resolution No. 2010/244, authorizing the deletion of certain positions in affected departments. Vote: 5 - 0 D.3 CONSIDER accepting report regarding progress made toward funding the County's Other Post Employment Benefit liability, as recommended by the County Administrator. (Lisa Driscoll, County Finance Director) Minutes Vote: 5 - 0 D. 4 CONSIDER reports of Board members. No items to report as this time. Closed Session CONSENT ITEMS Road and Transportation C. 1 APPROVE the Iron Horse Corridor Public Information Element of the Iron Horse Corridor Management Program, as recommended by the Transportation, Water and Infrastructure Committee, San Ramon, Danville, Alamo, Walnut Creek, Pleasant Hill, Concord areas. (100% Iron Horse Corridor Trust Fund) Vote: 5 - 0 C. 2 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute the Right of Way Contract and Right of Way Contract-Temporary Construction Easement; ACCEPT the Grant Deed; and APPROVE payment in the amount of $99,680 payable to KC Propco LLC, by Contra Costa Transportation Authority in connection with the State Route 4 (E) Widening - Somersville Road to Route 160 Project, Antioch area. (100% Contra Costa Transportation Authority Funds) Vote: 5 - 0 Engineering Services C. 3 ADOPT Resolution No. 2010/277 accepting completion of landscape improvements for RA 05-01199, (cross-reference SD 03-08508), for project being developed by Windemere BLC Land Company, LLC, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (No Fiscal Impact) Vote: 5 - 0 C. 4 ADOPT Resolution No. 2010/278 accepting completion of improvements for SD05-08940 for project being developed by Five Associates, LLC, as recommended by the Public Works Director, El Sobrante area. (No Fiscal Impact) Vote: 5 - 0 Special Districts & County Airports C. 5 APPROVE the Wildcat and San Pablo Creeks Federal Emergency Management Agency Levee Recertification project – geotechnical investigation; and make related findings under California Environmental Quality Act (CEQA), as recommended by the Chief Engineer, Flood Control and Water Conservation District, Richmond area. (100% Flood Control District Zone 7 Funds) Vote: 5 - 0 C. 6 APPROVE the Green Valley Creek Stream Bank Restoration Project and AUTHORIZE the Chief Engineer, or designee, to advertise the project and make related findings under the California Environmental Quality Act (CEQA), as recommended by the Chief Engineer, Flood Control and Water Conservation District, Danville area. (100% Flood Control Zone 3B funds) Minutes Vote: 5 - 0 Claims, Collections & Litigation C. 7 DENY claims by Mary Gaines; David M. Mass; Luis Ernesto Santos; Darrina Williams; Raymond Whitall, and all those similarly situated; and David Jafar Thorne. Vote: 5 - 0 C. 8 RECEIVE report concerning the final settlement of Steven Maldonado vs. Contra Costa County and AUTHORIZE payment from the Workers' Compensation Internal Service Fund in the amount of $75,000, as recommended by the Acting Risk Manager. (100% Workers' Compensation Internal Service Fund) Vote: 5 - 0 Statutory Actions C. 9 APPROVE Board of Supervisors meeting minutes for the month of April 2010 as on file with the office of the Clerk of the Board. Vote: 5 - 0 C.10 ACCEPT Board member meeting reports for April 2010. Vote: 5 - 0 Honors & Proclamations C.11 ADOPT Resolution No. 2010/219 proclaiming May 2010 as Mental Health Month in Contra Costa County, as recommended by the Health Services Director. (See PR.1) Vote: 5 - 0 C.12 ADOPT Resolution No. 2010/241 proclaiming the week of May 16-22, 2010 as "National Public Works Week" in Contra Costa County, as recommended by the Public Works Director, Countywide. (No Fiscal Impact) Vote: 5 - 0 C.13 ADOPT Resolution No. 2010/236 proclaiming May 13, 2010 as Contra Costa County "Bike to Work" Day, and REQUEST County Department Heads to participate in outreach efforts for Bike to Work Day to their employees, as recommended by the Conservation and Development Director, Countywide. (No fiscal impact) Vote: 5 - 0 C.14 ADOPT resolution number 2010/237 recognizing Pat Lickiss and his 37 years of dedicated service, as recommended by Supervisor Piepho. Vote: 5 - 0 C.15 ADOPT Resolution No. 2010/268 honoring Len Battaglia for his many years of dedicated service as a Contra Costa County Planning Commissioner, as recommended by Supervisor Gioia. (See PR.2) Vote: 5 - 0 Minutes C.16 ADOPT Resolution No. 2010/246 proclaiming the week of May 7 to May 16 as Affordable Housing Week in Contra Costa County, as recommended by Supervisor Gioia. Vote: 5 - 0 C.17 ADOPT Resolution No. 2010/247 honoring Michael Murray for his dedicated years of service to the Contra Costa County Planning Commission, as recommended by Supervisor Piepho. (See PR.2) Vote: 5 - 0 Hearing Dates C.18 ADOPT Resolution No. 2010/256, a Resolution of Intention relating to establishment of a Mello-Roos Community Facilities District for a Countywide Street Lighting District, as recommended by the Conservation and Development Director. Vote: 5 - 0 Appointments & Resignations C.19 REAPPOINT Lisa Sweet to the District IV-A seat on the Alcohol and Other Drugs Advisory Board as recommended by Supervisor Bonilla. Vote: 5 - 0 C.20 REAPPOINT Alan Smith to the District IV-A seat on the County Library Commission as recommended by Supervisor Bonilla. Vote: 5 - 0 C.21 REAPPOINT Samuel Yoshioka to the District IV-Family Member seat on the Mental Health Commission as recommended by Supervisor Bonilla. Vote: 5 - 0 C.22 DECLARE vacant the Storm Water Program Representative seat on the Integrated Pest Management Advisory Committee formerly held by Elisa Wilfong and DIRECT the Clerk of the Board to post the vacancy, as recommended by the Health Services Director. Vote: 5 - 0 C.23 REAPPOINT Dylan Reinhold to the District IV-Alternate seat on the Contra Costa County Fire Protection District Advisory Commission as recommended by Supervisor Bonilla. Vote: 5 - 0 C.24 REAPPOINT Russell Roe to the District II seat of the Contra Costa County Aviation Advisory Committee, as recommended by Supervisor Uilkema. Vote: 5 - 0 C.25 REAPPOINT Frank A. Robertson to the District II seat of the Contra Costa County Merit Board, as recommended by Supervisor Uilkema. Vote: 5 - 0 C.26 DECLARE vacant the Appointee 2 and Appointee 5 seats on the Knightsen Town Advisory Council previously held by Jack Burge and Dustin Lewis, respectively, due to resignation, and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Piepho. Minutes Vote: 5 - 0 C.27 APPOINT David Taylor to the Appointee 7 seat on the County Service Area P-5 Citizen Advisory Committee, as recommended by Supervisor Piepho. Vote: 5 - 0 C.28 APPOINT Jessica Adams to the Member-at-Large No. 13 seat on the Advisory Council on Aging, as recommended by the Employment and Human Services Director. Vote: 5 - 0 Appropriation Adjustments C.29 Trial Court Programs (0202) / General County Revenue (0005) : ADOPT Appropriations and Revenue Adjustment No. 5077 approving the transfer of funds in the amount of $1,628,525 from the General Fund Reserve for Audit/Litigation to Trial Court Programs to repay the State Court Facilities Construction Fund amounts that were underremitted by the County due to errors in the revenue distribution formulas used during fiscal years 2002/03 through 2007/08. Vote: 5 - 0 Intergovermental Relations C.30 SUPPORT SB 1291 (Leno), a bill that requires evaluation of any chemical used as a flame retardant and prohibits a person from using a new flame retardant in the manufacture or in connection with upholstered furniture, bedding and filling materials, until the Department of Toxic Substances Control completes an evaluation of the new flame retardant, as recommended by the Director of Public Health. Vote: 5 - 0 C.31 ADOPT Resolution No. 2010/248, urging the State of California to adopt strong rules for reducing smog and other criteria air pollutants and greenhouse gases, and to promote the rapid deployment of zero emission vehicle technology, as recommended by Supervisor Gioia. Vote: 5 - 0 Personnel Actions C.32 ADOPT Position Adjustment Resolution No. 20792 to add one Senior Building Inspector in the Conservation and Development's Weatherization Program. (100% Weatherization funds) Vote: 5 - 0 C.33 ADOPT Resolution No. 2010/263 abolishing certain positions in the Contra Costa County Fire Protection District, as recommended by the CCCFPD Interim Fire Chief. Vote: 5 - 0 C.34 ADOPT effective start date of March 1, 2010 for the reallocation of Rehabilitation Therapy Services salaries in the Health Services Department which was approved by the Board of Supervisors on March 23, 2010, as recommended by the Human Resources Director. Minutes Vote: 5 - 0 C.35 ADOPT Position Adjustment Resolution No. 20790 to establish the classification of Chief of Police-Contract Agency- Exempt (unrepresented), ALLOCATE it on the Salary Schedule, and ADD two positions; and, INTRODUCE Ordinance No. 2010-07 to Exempt from the Merit System the classification of Chief of Police-Contract Agency-Exempt, WAIVE reading, and FIX May 18, 2010 for adoption, as recommended by the Assistant County Administrator-Director of Human Resources. Vote: 5 - 0 C.36 ADOPT Position Adjustment Resolution No. 20789 to reallocate the salary level for the classifications of Undersheriff- Exempt (unrepresented) and Commander-Exempt (unrepresented) from a two-step salary level to a single-step salary level. (100% General Fund) Vote: 5 - 0 C.37 APPROVE Appointment and AUTHORIZE relocation assistance and monthly vacation accrual for the new Fire Chief, Contra Costa County Fire Protection District, as recommended by the Human Resources Director. Vote: 5 - 0 Leases C.38 APPROVE and AUTHORIZE the General Services Director, or designee, to execute a Permit to Enter with the San Francisco Bay Area Rapid Transit District (BART) for the County to operate a Library Book Dispensing Machine at the Pittsburg/Bay Point BART station located at 1700 West Leland Road, Pittsburg; and ADOPT related California Environmental Quality Act findings and DIRECT the General Services Director to file a Notice of Exemption with the Clerk- Recorder. (Budgeted Library funds) Vote: 5 - 0 Grants & Contracts APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of fund and/or services: C.39 ADOPT Resolution No. 2010/239 authorizing the Sheriff-Coroner, or designee, to apply for and accept the State of California, 2010 State Homeland Security Program (SHSP) grant in an amount not to exceed $2,203,476 to prepare for and respond to critical incidents including natural and man-made disasters, for the period September 13, 2010 through April 30, 2013. (100% Federal funds) Vote: 5 - 0 C.40 APPROVE and AUTHORIZE the Librarian, or designee, to apply for and accept a grant from California State Library funding in the amount of $57,432 to provide adult literacy services for the period of July 1, 2010 to June 30, 2011. (No Library fund match) Vote: 5 - 0 C.41 ADOPT Resolution No. 2010/240 authorizing the Sheriff-Coroner, or designee, to apply for and accept the California Emergency Management Agency (CalEMA), 2010 Emergency Management Performance Grant in and amount not to exceed $308,124 to develop and maintain the level of capability to prepare for, mitigate, respond to, and recover from emergencies and disasters for the period July 1, 2010 through June 30, 2011. (In-kind match is budgeted) Vote: 5 - 0 C.42 ADOPT Resolution No. 2010/242 authorizing the District Attorney, or designee, to submit an application and execute a grant award agreement, and any extensions thereof pursuant to State guidelines, with the California Emergency Management Agency (CalEMA) for the 2010/11 Victim/Witness Assistance Program in an amount not to exceed $492,277 for continued funding of staff to provide services to victims and witnesses of crimes, for the period July 1, 2010 through June 30, 2011. (100% State; Budgeted) (No County match) Minutes Vote: 5 - 0 C.43 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to accept a grant in the amount not to exceed $65,000 from the National Family Justice Center to support the West Contra Costa Family Justice Center for a one-year term effective upon the date of the award. (No County match.) Vote: 5 - 0 C.44 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with the California Department of Health Care Services, effective June 29, 2010, to amend the amount payable to County by $7,000,000 to a new total amount not to exceed $17,500,000, for the Medi-Cal Administrative Activities Program, and to extend the term of the agreement from June 30, 2010 to June 30, 2012. (No County match required) Vote: 5 - 0 C.45 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Contra Costa Community College District to update funding terms and conditions to include new program eligibility requirements, admissions policies and fee schedule and to reduce the minimum days of operation from 251 to 245 days with no change to the payment limit $1,344,320 or term July 1, 2009 through June 30, 2010. (No County match) Vote: 5 - 0 C.46 APPROVE and AUTHORIZE the County Administrator, or designee, to accept funding from the California Arts Council State-Local Partnership Program in the amount of $15,000 to fund programs administered by the Arts and Culture Commission of Contra Costa County for the period July 1, 2010 through June 30, 2011. (100% County match, budgeted) Vote: 5 - 0 C.47 APPROVE and AUTHORIZE the Employment & Human Services Director, or designee to apply for and accept funding from California Department of Community Services and Development in an amount not to exceed $100,000 for the Clerical Assistant Trainee program for the term July 1, 2010 through June 30, 2011. (No County match) Vote: 5 - 0 APPROVE and AUTHORIZE execution of agreement between the County and the following parties as noted for the purchase of equipment and/or services: C.48 APPROVE and AUTHORIZE the General Services Director, or designee, to execute a contract with Rudolph and Sletten in an amount not to exceed $382,000 to provide construction management services through the preconstruction phase for the New West County Health Center project. (27% Grant Funds, 73% Bond and Hospital Enterprise Funds) Vote: 5 - 0 C.49 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with the California State Association of Counties in an amount not to exceed $120,850 to administer computerized data processing services to the Welfare Departments of the eighteen member county consortium for the period of July 1, 2010 through June 30, 2011. (93% State, 7% County) Vote: 5 - 0 C.50 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with David H.C. Raphael, M.D., effective May 1, 2010, to decrease the payment limit by $148,000 to a new payment limit of $600,000 to provide fewer general surgery services at Contra Costa Regional Medical and Health Centers, with no change in the original term of June 1, 2009 through May 31, 2011. (100% Enterprise Fund I) Vote: 5 - 0 C.51 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Northern California Hematology Oncology Consultants, Inc., effective June 1, 2010, to decrease the payment limit by $342,500 to a new payment limit of $233,500 to provide fewer oncology surgery services at Contra Costa Regional Medical and Health Centers, with no change in the original term of September 1, 2008 through August 31, 2011. (100% Enterprise Fund I) Minutes Vote: 5 - 0 C.52 APPROVE and AUTHORIZE the Conservation & Development Director, or designee, to execute contract amendment with CirclePoint to increase the payment limit by $89,540, to a new payment limit of $246,447 to prepare an Environmental Impact Report for the Pantages Bays residential project in the Discovery Bay area for the period of November 4, 2009 to December 31, 2011. (100% Applicant fees) Vote: 5 - 0 C.53 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract with Environmental Science Associates in an amount not to exceed $559,809 for the preparation of an environmental impact report for the Vasco Winds Repowering Project for the period May 12, 2010 through May 11, 2011, Byron area.(100% Applicant fees) Vote: 5 - 0 C.54 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract, including a modified indemnification clause, with Environmental Science Associates, in an amount not to exceed $204,789 for the preparation of an environmental impact report for the Shell Crude Storage Replacement Project for the period May 12, 2010 to June 30, 2011, Martinez. (100% Applicant fees) Vote: 5 - 0 C.55 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Seneca Residential and Day Treatment Center for Children, effective June 1, 2010, to modify the special conditions to add a six- month automatic extension through December 31, 2010, in an amount not to exceed $215,927, with no change in the original payment limit of $251,915 and no change in the original term of November 1, 2009 through June 30, 2010. (30% Federal Medi-Cal, 17% State Early and Periodic Screening, Diagnosis and Treatment, 50% Individuals with Disabilities Education Act, 3% County Mental Health Realignment) Vote: 5 - 0 C.56 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Addiction Research and Treatment, Inc. (dba Bay Area Addiction Research and Treatment), effective April 1, 2010, to increase the payment limit by $48,000 to a new payment limit of $2,765,119, to provide methadone treatment services to additional clients, with no change in the original term of July 1, 2009 through June 30, 2010. (50% Federal Drug Medi-Cal, 50% State Drug Medi-Cal) Vote: 5 - 0 C.57 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with SHC Services, Inc. (dba Supplemental Health Care) in an amount not to exceed $550,000, to provide temporary medical help services for Contra Costa Regional Medical and Health Centers and the County’s Detention Facilities, for the period April 1, 2010 through March 31, 2011. (100% Enterprise Fund I) Vote: 5 - 0 C.58 APPROVE AND AUTHORIZE the Clerk-Recorder, or designee, to execute an amendment to the software lease agreement between Contra Costa County and DFM Associates to extend the term of the agreement from July 1, 2010 through June 30, 2012, with no change in payment limit, for management of voter registration, precinct and district files. (No fiscal impact) Vote: 5 - 0 C.59 APPROVE and AUTHORIZE the Purchasing Agent, or designee, to issue, on behalf of the Sheriff-Coroner, a purchase order to ProTech Monitoring, Inc., in an amount not to exceed $1,125,000 for the lease of electronic home detention equipment for the period June 1, 2010 through May 30, 2013. (100% Participant Fees) Vote: 5 - 0 C.60 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a purchase order with International Business Machines Corporation (IBM), in an amount not to exceed $112,279 to purchase four IBM servers to support SQL Database Disaster Recovery preparedness. (100% Enterprise Fund I) Vote: 4 - 0 Other: District II Supervisor Gayle B. Uilkema (RECUSE) Minutes C.61 APPROVE and AUTHORIZE the Purchasing Agent, or designee, to purchase one additional vehicle for the Health Services Department. (100% grant funds) Vote: 5 - 0 C.62 CORRECT Board action of March 2, 2010, Item C.25, which authorized the Employment and Human Services Director to execute a contract with Multilingual Consulting, Inc., a Non-Profit Corporation, to change the original term from March 1, 2010 to February 29, 2010 to a new term of April 1, 2010 to March 31, 2012, with no change in the payment limit of $150,000. (100% County General Fund) Vote: 5 - 0 Other Actions C.63 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to submit a request to the California Department of Social Services, to revise the In Home Supportive Services Public Authority budget for Contra Costa County, increasing provider health plan expenses and decreasing, by the same amount, pension and other payroll contract expenses. (No fiscal impact) Vote: 5 - 0 C.64 ACCEPT the 2009 Annual Report of the Rodeo Municipal Advisory Committee, as recommended by Supervisor Uilkema. Vote: 5 - 0 C.65 ADOPT Resolution No. 2010/249 accepting as complete the contracted work performed by Suarez & Munoz Construction, Inc. for the Landscape Improvements at Driftwood Drive, Bay Point, for the Public Works Department, as recommended by the General Services Director. (No fiscal impact) Vote: 5 - 0 C.66 AMEND the official list of persons to serve, in priority order, as standby officers for the District II member of the Board of Supervisors, pursuant to County Ordinance Code section 42-4.004, as recommended by Supervisor Uilkema: 1. Al Dessayer 2. Steve Dexter 3. Trevor Evans-Young Vote: 5 - 0 C.67 ADOPT Resolution No. 2010/254 approving the Contra Costa County Section 125 Benefits Plan document as amended and restated effective 1/1/2010; and AUTHORIZE the Benefits Manager to take all necessary actions in implementing the revised plan document, as recommended by the Human Resources Director. Vote: 5 - 0 C.68 DENY request for a General Plan Amendment study for Assessor Parcel Nos. 335-060-002/003/005, located at 2294 Vista Del Rio, as recommended by the Conservation and Development Director, Crockett area. (No fiscal impact) Vote: 5 - 0 C.69 DENY request for a General Plan Amendment study for Assessor Parcel Nos. 184-302-003/004, and 184-302-006/007/040, located at 2052-2072 Olympic Boulevard, Saranap area, as recommended by the Conservation and Development Director. (No fiscal impact) Application WITHDRAWN by applicant. C.70 APPROVE request from California Autism Foundation to sell property located at 5116 La Honda Avenue, El Sobrante and repay the Community Development Block Grant loan in the amount of $129,960, and AUTHORIZE the Conservation and Development Director, or designee, to execute appropriate documents. (100% Housing and Urban Development funds) Vote: 5 - 0 Minutes C.71 APPROVE the changes to the medical staff bylaws as recommended by the Medical Executive Committee and by the Health Services Director. (No fiscal impact) Vote: 5 - 0 C.72 CONTINUE the emergency action originally taken by the Board of Supervisors on November 16, 1999 regarding the issue of homelessness in Contra Costa County, as recommended by the Health Services Director. Vote: 5 - 0 C.73 ADOPT Resolution No. 2010/250 authorizing, on behalf of the West Contra Costa Unified School District, the sale and issuance of General Obligation Bonds, Election of 2005 Series D (2010) in an amount not to exceed $30,000,000, as recommended by the County Administrator. Vote: 5 - 0 C.74 APPROVE the designation of the Arts and Culture Commission of Contra Costa County as the authorized partner of the State-Local Partnership Program of the California Arts Council for the fiscal year starting July 1, 2010, as recommended by the County Administrator. Vote: 5 - 0 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. Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the Clerk of the Board to a majority of the members of the Board of Supervisors less than 72 hours prior to that meeting are available for public inspection at 651 Pine Street, First Floor, Room 106, Martinez, CA 94553, during normal business hours. 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. Comments on matters listed on the agenda or otherwise within the purview of the Board of Supervisors can be submitted to the office of the Clerk of the Board via mail: Board of Supervisors, 651 Pine Street Room 106, Martinez, CA 94553; by fax: 925-335-1913. The County will provide reasonable accommodations for persons with disabilities planning to attend Board meetings who contact the Clerk of the Board at least 24 hours before the meeting, at (925) 335-1900; TDD (925) 335-1915. An assistive listening device is available from the Clerk, Room 106. Copies of taped recordings of all or portions of a Board meeting may be purchased from the Clerk of the Board. Please telephone the Office of the Clerk of the Board, (925) 335-1900, to make the necessary arrangements. Forms are available to anyone desiring to submit an inspirational thought nomination for inclusion on the Board Agenda. Forms may be obtained at the Office of the County Administrator or Office of the Clerk of the Board, 651 Pine Street, Martinez, California. Applications for personal subscriptions to the weekly Board Agenda may be obtained by calling the Office of the Clerk of the Board, (925) 335-1900. The weekly agenda may also be viewed on the County’s Internet Web Page: www.co.contra-costa.ca.us STANDING COMMITTEES The Airport Committee (Supervisors Susan A. Bonilla and Mary N. Piepho) meets on the third Monday of the month at 11:00 a.m. at Director of Airports Office, 550 Sally Ride Drive, Concord. The Family and Human Services Committee (Supervisors Gayle B. Uilkema and Federal D. Glover) meets on the first Monday of the month at 1:00 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Finance Committee (Supervisors Susan A. Bonilla and John Gioia) meets on the third Monday of the month at 9:00 a.m. in Room Minutes 101, County Administration Building, 651 Pine Street, Martinez. The Internal Operations Committee (Supervisors Mary N. Piepho and Susan A. Bonilla) meets on the first Monday of the month at 10:30 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Legislation Committee (Supervisors Susan A. Bonilla and Gayle B. Uilkema) meets on the first Monday of the month at 9:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Public Protection Committee (Supervisors Federal D. Glover and John Gioia) meets on the third Monday of the month at 10:30 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Transportation, Water & Infrastructure Committee (Supervisors Federal D. Glover and Mary N. Piepho) meets on the third Monday of the month at 1:00 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. Airports Committee See above Family & Human Services Committee 6/7/10 1:00 p.m. See above Finance Committee 7/19/10 9:00 a.m. See above Internal Operations Committee 6/7/10 10:30 a.m. See above Legislation Committee 5/17/10 - special 9:00 a.m. See above Public Protection Committee 5/17/10 - special 11:30 a.m. See above Transportation, Water & Infrastructure Committee 5/17/10 1:00 p.m. See above PERSONS WHO WISH TO ADDRESS THE BOARD MAY BE LIMITED TO THREE (3) MINUTES AGENDA DEADLINE: Thursday, 12 noon, 12 days before the Tuesday Board meetings. Glossary of Acronyms, Abbreviations, and other Terms (in alphabetical order): Contra Costa County has a policy of making limited use of acronyms, abbreviations, and industry-specific language in its Board of Supervisors meetings and written materials. Following is a list of commonly used language that may appear in oral presentations and written materials associated with Board meetings: AB Assembly Bill ABAG Association of Bay Area Governments ACA Assembly Constitutional Amendment ADA Americans with Disabilities Act of 1990 AFSCME American Federation of State County and Municipal Employees AICP American Institute of Certified Planners AIDS Acquired Immunodeficiency Syndrome ALUC Airport Land Use Commission AOD Alcohol and Other Drugs ARRA American Recovery & Reinvestment Act of 2009 BAAQMD Bay Area Air Quality Management District BART Bay Area Rapid Transit District BCDC Bay Conservation & Development Commission BGO Better Government Ordinance BOS Board of Supervisors CALTRANS California Department of Transportation CalWIN California Works Information Network CalWORKS California Work Opportunity and Responsibility to Kids CAER Community Awareness Emergency Response CAO County Administrative Officer or Office Minutes CCCPFD (ConFire) Contra Costa County Fire Protection District CCHP Contra Costa Health Plan CCTA Contra Costa Transportation Authority CCRMC Contra Costa Regional Medical Center CCWD Contra Costa Water District CDBG Community Development Block Grant CFDA Catalog of Federal Domestic Assistance CEQA California Environmental Quality Act CIO Chief Information Officer COLA Cost of living adjustment ConFire (CCCFPD) Contra Costa County Fire Protection District CPA Certified Public Accountant CPI Consumer Price Index CSA County Service Area CSAC California State Association of Counties CTC California Transportation Commission dba doing business as EBMUD East Bay Municipal Utility District ECCFPD East Contra Costa Fire Protection District EIR Environmental Impact Report EIS Environmental Impact Statement EMCC Emergency Medical Care Committee EMS Emergency Medical Services EPSDT Early State Periodic Screening, Diagnosis and Treatment Program (Mental Health) et al. et alii (and others) FAA Federal Aviation Administration FEMA Federal Emergency Management Agency F&HS Family and Human Services Committee First 5 First Five Children and Families Commission (Proposition 10) FTE Full Time Equivalent FY Fiscal Year GHAD Geologic Hazard Abatement District GIS Geographic Information System HCD (State Dept of) Housing & Community Development HHS (State Dept of ) Health and Human Services HIPAA Health Insurance Portability and Accountability Act HIV Human Immunodeficiency Syndrome HOV High Occupancy Vehicle HR Human Resources HUD United States Department of Housing and Urban Development IHSS In-Home Supportive Services Inc. Incorporated IOC Internal Operations Committee ISO Industrial Safety Ordinance JPA Joint (exercise of) Powers Authority or Agreement Lamorinda Lafayette-Moraga-Orinda Area LAFCo Local Agency Formation Commission LLC Limited Liability Company LLP Limited Liability Partnership Local 1 Public Employees Union Local 1 LVN Licensed Vocational Nurse MAC Municipal Advisory Council MBE Minority Business Enterprise M.D. Medical Doctor M.F.T. Marriage and Family Therapist MIS Management Information System MOE Maintenance of Effort MOU Memorandum of Understanding MTC Metropolitan Transportation Commission NACo National Association of Counties NEPA National Environmental Policy Act OB-GYN Obstetrics and Gynecology O.D. Doctor of Optometry Minutes OES-EOC Office of Emergency Services-Emergency Operations Center OPEB Other Post Employment Benefits OSHA Occupational Safety and Health Administration Psy.D. Doctor of Psychology RDA Redevelopment Agency RFI Request For Information RFP Request For Proposal RFQ Request For Qualifications RN Registered Nurse SB Senate Bill SBE Small Business Enterprise SEIU Service Employees International Union SWAT Southwest Area Transportation Committee TRANSPAC Transportation Partnership & Cooperation (Central) TRANSPLAN Transportation Planning Committee (East County) TRE or TTE Trustee TWIC Transportation, Water and Infrastructure Committee VA Department of Veterans Affairs vs. versus (against) WAN Wide Area Network WBE Women Business Enterprise WCCTAC West Contra Costa Transportation Advisory Committee Minutes