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HomeMy WebLinkAboutAGENDA - 05071996 - CCC r JIM ROGERS,01CHMOND CALENDAR FOR THE BOARD OF SUPERVISORS JEFF SMITH IST DISTRICT CHAIR COSTA COUNTY CHR JEFF SMITH,MARTINEZ 2ND DISTRICT AND FOR GAYLE BISHOP,SAN RAMON PHIL BATCHELOR Sao DISTRICT SPECIAL DISTRICTS,AGENCIES,AND CLERK OF THE BOARD MARK DBSAULNIER,CONCORD AUTHORITIES GOVERNED BY THE BOARD AND 4TH DISTRICT BOARD CHAMBERS,ROOM 107,ADMINISTRATION BUILDING COUNTY ADMINISTRATOR TOM TORLAKSON,PITTSBURG MARTINEZ,CALIFORNIA 94553-1229 (510)646-2371 STH DISTRICT TUESDAY MAY 7, 1996 8:30 A.M. Closed Session. 9:30 A.M. Call to order and opening ceremonies. Inspirational Thought - "We look forward to the time when the power of love will replace the love of power. Then will our world know the blessings of peace." — William E. Gladstone CONSIDER CONSENT ITEMS (Pages 3 - 12 ) - Items removed from this section will be considered with the Short Discussion Items. 9:35 A.M. PRESENTATIONS P.1 PROCLAIM May 11, 1996, as "Letter Carriers Day in Contra Costa County," as recommended by Supervisor Smith. P.2 PROCLAIM May 16, 1996, as "Bike to Work Day in Contra Costa County," as recom- mended by the Transportation Committee. P.3 PROCLAIM the month of May 1996 as "State Parks Month in Contra Costa County," as recommended by Supervisor DeSaulnier. p.4 PROCLAIM the week of May 6, 1996, as "Contra Costa County Tourism Week," as recommended by Supervisor DeSaulnier. 9:55 A.M. SHORT DISCUSSION ITEMS - The Board will consider and take action on the following items: SD.1 HEARING as the Redevelopment Agency on the Summary of Findings for the Moira Parcel Master Plan pursuant to Section 33679 of the State of California Health and Safety Code; CLOSE hearing and ADOPT findings. SD.2 HEARING to consider adoption of a Resolution of Necessity for acquisition by eminent domain of real property located in the Danville area,required for the Drainage Area 10 Line G project. SD3 CONSIDER approving the report from the Family and Human Services Committee on the implementation of a Children's Accountability Act. 1 (05-07-1996) SHORT DISCUSSION ITEMS - Continued SDA CONSIDER requesting the County Administrator to draft a letter for the signature of each Board Member expressing the Board's support of SCA 26 (Thompson), and authorizing testimony at legislative committee hearings, as recommended by Supervisor Torlakson. SD.5 CONSIDER any Consent Items previously removed. 10:15 A.M. DELIBERATION ITEMS - The Board will consider and take action on the following items: D.1 CONSIDER report from the Director of General Services on departmental performance. D.2 CONSIDER approval of the County Administrator's recommendations on the Third Quarter Budget Report and 1996-1997 budget hearing schedule and adoption thereof. D.3 CONSIDER the Zoning Administrator's report on decisions regarding Shell Oil Company's Compliance with Condition No. 22 for the Heavy Gasoline Hydrotreater, the Vent Gas Treater,the Caustic Regenerator Unit No. 2 and the Distillate Hydrotreater. DA CONSIDER report from the County Administrator and Community Development Director on AB 2846 (Sweeney)relative to development within the sphere of influence of a city. D.5 CONSIDER report from the Director, Growth Management and Economic Development Agency, on AB 2203 and AB 2346 regarding East Bay Municipal Utility District rate issues. D.6 CONSIDER oral report from the County Administrator on the status of discussions with the U. S. Department of Energy regarding the proposal to transport nuclear fuel rods through the Concord Naval Weapons Station. D.7 DETERMINE what action to take regarding compliance of the Merrithew Memorial Hospital Replacement Project with the County's MBE/WBE goals, as recommended by the Internal Operations Committee. D.8 CONSIDER accepting the report from the Director, Growth Management and Economic Development Agency, regarding the letter received from the Crockett Improvement Association concerning the Unocal Refinery safety audit agreement. 12:30 P.M. D.9 Board of Supervisors/Private Industry Council Workshop at the Contra Costa Community College District, 6th floor Board Room, 500 Court Street, Martinez. 2:00 P.M. D.10 PUBLIC COMMENT. (3 Minutes/Speaker) D.11 HEARING on the recommendation of the Contra Costa County Planning Commission on a proposed ordinance providing for a land use permit process for off sale alcoholic beverage retail establishments in the unincorporated area of the County (ZT 7-95), Countywide area. 2 (05-07-1996) DELIBERATION ITEMS Continued D.12 DECISION on the appeal of Homer and Lynn Bryant (appellants) from the decision of the Contra Costa County Planning Commission acting as the Board of Appeals on the request of Homer and Lynn Bryant (LP-95-2023) (applicant and owners) to establish a residential detached second living unit, Walnut Creek area. (Hearing closed April 23, 1996) D.13 HEARING on the appeals of Dame' Construction Company (appellant and applicant) and Shadow Creek Residents Association (appellant) from the decision of the San Ramon Valley Regional Planning Commission on the application (3004-95) of the Bettencourt Ranch Residents Association(owners)to modify the Final Development Plan (3034-88) and Vesting Tentative Map 7188 for Bettencourt Ranch, Danville/Tassajara area. (Continued from April 16, 1996) D.14 HEARING on the appeals of Dame' Construction Company (appellant and applicant) and Shadow Creek Residents Association (appellants and owners), from the decision of the San Ramon Valley Regional Planning Commission on the application (3003-95) to modify the Final Development Plan (3010-86) for the Shadow Creek Project to allow for the realignment of an approved road alignment (Fleetwood Road) through Parcel A of Final Map 7041, Danville/Tassajara area. (Continued from April 16, 1996) 4:00 P.M. D.15 HEARING on the Administrative Appeal of Charles M. Koss, et al, regarding the issuance of a grading permit for Subdivision 7462, Black Oak Estates, Diablo area. (Continued from April 23, 1996) ********** Adjourn to: Wednesday, May 8, 1996, 7 P.M. to the Community Forum sponsored by the Family and Human Services Committee at the Ambrose Park and Recreation District Community Center, 3105 Willow Pass Road, Bay Point. 3 (05-074996) 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) 646-2371; TDD (510) 646-4929. 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)646-2371, 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 time and place of meetings) Family and Human Services Committee . 5-13-96 9:00 A.M. Private Industry Council, Rooms B& D, 2425 Bisso Lane, Concord f A!!R•k f k f PERSONS WHO WISH TO ADDRESS THE BOARD MAY LIMITED TO THREE (3) MINUTES. AGENDA DEADLINE: Thursday, 12 noon, 12 days before the Tuesday Board meetings. i (05-07-1996) 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.1 ACCEPT the completed contract with Steiny and Company, Inc., for the Appian Way/Manor Road traffic signal, El Sobrante area. C.2 APPROVE and AUTHORIZE the Public Works Director to execute Contract Change Order No. 24 in the amount of$5,000 for the Appian Way triangle project, El Sobrante area. C.3 AWARD a contract to the lowest responsible bidder, St. Francis Electric, who has also met the requirements of the County's Minority and Women Business Enterprise contract compliance program, for the Hilltop Drive/LaPaloma traffic signal project, El Sobrante area. CA APPROVE plans and specifications and ADVERTISE for bids for the Castro Ranch Road _ slide repair project, El Sobrante area. [CDD-CP#96-2] (Funding: 88.53% Federal Highway Administration and 11.47%Road Funds) . C.5 APPROVE and AUTHORIZE the Public Works Director to execute the Consulting Services Agreement with Parikh Consultants, Inc., for geotechnical services for the Cummings Skyway extension project, Crockett area. (Funding: 100% Unocal Clean Fuels Project Mitigation Fund) C.6 APPROVE Joint Exercise of Powers Agreement with Alameda County for the Pinehurst Road storm damage repair project, Moraga area. C.7 APPROVE the Carquinez Scenic Drive slide repair project and DETERMINE that the project is a Class 1 C categorical exemption, Martinez area. C.8 APPROVE traffic resolutions limiting parking on a portion of LaPaloma Road, Pine Creek Road, and Green Valley Road, El Sobrante, Walnut Creek and Alamo areas, respectively. C.9 APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute an agreement with the State of California for County furnished vegetation management services, Countywide. (Funding: 100% State of California) C.10 APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute an agreement with the City of Walnut Creek for County furnished vegetation management services, Walnut Creek area. (Funding: 100% City of Walnut Creek) C.11 AWARD a contract to the lowest responsible bidder, Fanfa, Inc., who has also met the requirements of the County's Minority and Women Business Enterprise Contract Compliance Program, for the State Highway 4 widening project, Oakley area. C.12 APPROVE Purchase, Settlement and Release Agreement, ACCEPT Grant Deed and APPROVE payment of$232,150 to Gregory D. Cook and Jean B. Ingram for property rights required for the Sandy Cove slide repair project, Bay Point area. (100% from the County Liability Trust Fund) 4 (05-07-1996) Engineering Services C.13 SUB 7582: APPROVE Final Map, Subdivision Agreement and Acquisition of Off-site Right- of-way Agreement for subdivision being developed by Cerrito Development, Inc., El Sobrante area. C.14 SUB 7582: AUTHORIZE acceptance of Consent to Dedicate for subdivision being developed by Cerrito Development, Inc., El Sobrante area. C.15 SUB 6999: AUTHORIZE acceptance of Disclosure Statement for subdivision being developed by Eleanor M. Nunes, Alhambra Valley area. C.16 SUB 6999: APPROVE Final Map and ACCEPT Grant Deed of Development Rights for subdivision being developed by Eleanor M. Nunes,Alhambra Valley area. C.17 MS 64-87: APPROVE Parcel Map and ACCEPT Grant Deed of Development Rights for minor subdivision being developed by Louise Bisset,Alamo area. C.18 DP 3001-93 AUTHORIZE acceptance of an Offer of Dedication for roadway purposes for subdivision being developed by Norma Anderson, Albert Anderson, Arthur Anderson and Ella Webb, Alamo area. C.19 ROAD CLOSURE: GRANT permission to completely close a portion of 2nd Street, Home Street, 3rd Street, Acme Street, and O'Hara Avenue, Oakley area, for the period 9:30 A.M. through 1:00 P.M. on Sunday, July 21, 1996, for the purpose of conducting the annual Holy Ghost Parade. Special Districts & County Airports C.20 AUTHORIZE the Chair, Board of Supervisors, to execute Quitclaim Deed to the Town of Danville to clear out title discrepancy on Tibros Park, Danville area. C.21 APPROVE Right-of-way Contract, Bridge and Utility Easement Agreement, Easement Agreement and Option, and ACCEPT Grant Deed and AUTHORIZE payment in the amount of $17,450 to the Bottoms Family 1989 Trust for property rights required for the Wildcat Creek/Contract 3 Project,North Richmond area. (100%Funding: Flood Control Zone 7) C.22 APPROVE and AUTHORIZE the Public Works Director to execute a lease with Wells Fargo, N.A., for premises at the Buchanan Field Airport, Concord area. Statutory Actions C.23 APPROVE minutes for the month of April 1996. C.24 DECLARE certain ordinances duly published. 5 (05-07-1996) Claims, Collections & Litigation C.25 DENY claims of W. Barry, C. Brocker, California State Automobile Association, S. Edwards, D. Frosty Jr. (2), V. Frosty, C. Green, C. Gutierrez, H. Heredia and L. Laibl. DENY amended claims of S. Brennan and Texaco Refining and Marketing Inc. C.26 RECEIVE report concerning litigation matter Francisco Romero vs. Contra Costa County and AUTHORIZE payment in the amount of$29,661 from the Automobile Liability Trust Fund. C.27 AUTHORIZE and DIRECT County Counsel to determine if it is appropriate to initiate legal action to recover monies owed for outstanding debts and costs of suit and when appropriate to initiate legal action against one person for$8,753. C.28 APPROVE settlement of Ayala Boring, Inc., vs V&M Construction/Backhoe et al and other related litigation involving stop notices and construction claims filed on Drainage Area 10 Line G Culvert Replacement Project. Hearing Dates C.29 DECLARE intent to purchase real property located at 1034 Oak Grove Road, Concord, for continued use by the Health Services Department, and SET June 11, 1996, 9:45 a.m., for hearing to consummate the purchase. Honors & Proclamations C.30 ADOPT resolution honoring James Sweeney as the "1996 Moraga Citizen of the Year," as recommended by Supervisor Smith. C.31 PROCLAIM May 15, 1996, as "Health & Fitness Day in Contra Costa County," as recommended by Supervisor Torlakson. Ordinances C.32 INTRODUCE an ordinance on behalf of the Contra Costa County and Orinda Fire Protection Districts designating Very High Fire Severity Zones as identified by the California Department of Forestry (AB 332, Bates) in Orinda, Lafayette, and El Sobrante; WAIVE reading, and FIX May 14, 1996, for adoption. Appointments & Resignations C.33 ADD a third at-large seat to the Juvenile Systems Planning Advisory Committee and APPOINT Linda Mayo to the seat, as recommended by the County Administrator. C.34 APPOINT Jonathan E. Harvey, District V representative, to the Countywide Youth Commission, as recommended by Supervisor Torlakson. C.35 CORRECT the Board's action of April 16, 1996, making reappointments to the Retirement Board to reflect three-year terms of office. 6 (05-07-1996) Appropriation Adjustments - 1995- 1996 FY C.36 General Services Communications (0060): AUTHORIZE internal adjustments within the Communications budget to cover estimated year end costs and $44,000 in additional revenues from accumulated depreciation, estimated salvage and increased non-taxable revenues to replace two vans required for the Communications Technicians. C.37 Plant Acquisition-General Fund .(0111): AUTHORIZE $1,200,000 in revenues from the County Liability Trust Fund to the Public Works Department for site work and to acquire property and relocate owners and tenants at the Bay Point slide area. Legislation Bill No. Subject Position C.38 AB 3097 (Campbell) Permits one or more local public agencies SUPPORT to enter into a joint powers agreement to perform their public health duties. C.39 SB 1695 (Kopp) Authorizes a landlord to prohibit the use of a OPPOSE rented home as a family day care facility or to place conditions on the use of rental property as a family day care home. C.40 AB 2556 (Alpert) Designates the State Department of Education SUPPORT as the single state agency to administer all Federal child care funds. Personnel Actions C.41 ADD one Child Development Site Supervisor-Project position in the Community Services Department. (State Funds) C.42 ADD four Child Development Head Teacher-Project positions in the Community Services Department. (State Funds) C.43 ADD two Child Development Teacher-Project positions in the Community Services Department. (State Funds) C.44 ADD one full time, one 30/40, and two 20/40 Child Development Teacher Assistant-Project positions in the Community Services Department. (State Funds) C.45 REALLOCATE the salary of Deputy General Services Director-Management and Operations on the salary schedule. C.46 CANCEL one vacant Senior Clerk position and ADD one Administrative Aide position in the Health Services Department, effective July 1, 1996. (Salary Savings) 7 (05-07-1996) Grants & Contracts APPROVE and authorize execution of agreements between the County and following agencies for receipt of funds and/or services: C.47 APPROVE submission of a funding application to the California Office of Traffic Safety in the amount of$228,893 for the "Preventing Impaired Driving Project" for the period October 1, 1996, through September 30, 1999. (No County Match) C.48 APPROVE submission of a funding application to the California Office of Traffic Safety in the amount of $511,215 for the Child Auto Restraint and Education Project for the period October 1, 1996,through September 30, 1999. (No County Match) C.49 APPROVE and AUTHORIZE the Director, Office on Aging, or designee, to submit a California Department of Aging contract in the amount of$1,736 to reimburse one-time costs incurred related to elections for California Senior Legislature. (No County Match) C.50 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with the State Department of Health Services in the amount of $36,558 for the County's participation in the HIV Seroprevalence Survey through December 31, 1996. (No County Match) C.51 APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract with the East Bay Community Foundation in the amount of $113,300 and related revenue adjustments and service plan agreements for the East Bay Public Safety Corridor Partnership activities for the period April 9, 1996,through January 31, 1997. (Federal Funds) C.52 APPROVE and AUTHORIZE the Community Services Director, or designee, to execute a contract with the City of Richmond in the amount of $21,132 in Community Development Block Grant (CDBG) funds for Phase III rehabilitation and purchase of child nutrition division kitchen equipment through February 28, 1997. C.53 APPROVE and AUTHORIZE the Community Services Director, or designee, to execute a contract with the California/Nevada Community Action Association in the amount of$20,000 to provide information regarding caller identification blocking choices to low-income, minority, and/or limited-English speaking Contra Costa County residents from May 1, 1996, through February 28, 1997. C.54 , APPROVE and AUTHORIZE the County Probation Officer to apply for and ACCEPT the Office of Criminal Justice Planning funding in the amount of$250,000 for the period July 1, 1996, through June 30, 1997, to provide prevention, intervention and treatment services to selected high risk youth and their families through comprehensive coordination with law enforcement, schools and community-based organizations. C.55 APPROVE and AUTHORIZE the Community Services Director, or designee, to execute a contract with the California Department of Education in the amount of$11,997 to purchase .instructional materials and instructional supplies through June 30, 1997. (No County Match) C.56 APPROVE and AUTHORIZE the Community Services Director, or designee, to submit a Funding Application to the California Department of Education in the amount of$92,933 to renovate and/or repair direct services center-based child care and development facilities for the period July 1, 1996,through June 30, 1997. (No County Match) 8 (05-07-1996) Grants & Contracts - Continued C.57 APPROVE and AUTHORIZE the Community Services Director, or designee, to execute and submit to the State Department of Community Services and Development, Community Services Block Grant 1996 Contract Amendment No. 1 to increase the total reimbursable amount by $291,891 from $97,297 to $389,188 for the period January 1, 1996, through December 31, 1996. (Federal Funds) APPROVE and authorize execution of agreements between the County and following agencies as noted for the purchase of equipment and/or services: C.58 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a Medical Specialist Contract for Clark Tsai (Specialty: Ophthalmology) through March 31, 1999. (Third Party Revenues) C.59 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute an amendment with the U. S. Department of Veterans Affairs to amend a Use Exchange Contract to extend the contract through December 31, 1996. (Third Party Revenues) C.60 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Antonio G. Britto to increase the contract limit by $25,000 to provide continued transportation services through June 30, 1996. (Enterprise I Budget) C.61 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a mutually agreeable contract cancellation with the Child and Family Therapy Center effective December 31, 1996. C.62 APPROVE and AUTHORIZE the Executive Director, Private Industry Council, to execute a contract amendment with the Hospitality Management Training "Institute to extend the contract expiration date through March 29, 1996, with no change in the contract payment limit. C.63 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute an Ambulance Service Agreement with Regional Ambulance Inc. (dba American Medical Response), with a payment limit of $4,109,544 for provision of emergency ambulance services in the County's Emergency Response Areas 1, 2 and 5 through November 2, 1997. (Measure H) C.64 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute an Ambulance Service Agreement with the San Ramon Valley Fire Protection District for provision of emergency ambulance services in the County's Emergency Response Area 4 through November 2, 1997. (Third Party Revenues) C.65 APPROVE and AUTHORIZE the Community Services Director, or designee, to execute a contract amendment agreement with John G. Bechtold to increase the contract payment limit by $300 to a new total payment limit of$40,260 through December 31, 1996. (Budgeted) C.66 APPROVE and AUTHORIZE the General Services Director to execute a consulting services agreement with John Nicol and Associates, Inc., in the amount of $38,450 for landscape architectural services for Blackhawk Road Frontage Landscaping for County Service Area M23,Blackhawk. (Service Area Funds) 9 (05-07-1996) Grants & Contracts - Continued C.67 APPROVE and AUTHORIZE the Community Services Director, or designee, to execute contract amendment agreements effective August 1, 1995, to provide cost of living adjustment increases as listed below: (State Funds) Contractor Amount of Increase New Payment Limit Pittsburg Preschool $2,628 $98,878 Coordinating Council Mt. Diablo Community Child $2,628 $98,878 Care Advocates Greater Richmond Social $1,314 $49,439 Services Corporation YMCA of Contra Costa County $4,204 $158,204 C.68 APPROVE and AUTHORIZE the General Services Director to execute a consulting services agreement with Daniel L. Rainey in the amount of $100,000 for architectural and project management services for various building remodeling and construction projects. (Budgeted) C.69 APPROVE and AUTHORIZE the County Administrator, or designee, to execute amendment No. 16 with Kaplan/McLaughlin/Diaz for the Merrithew Memorial Hospital Replacement Project. C.70 APPROVE and AUTHORIZE the Director, Office of Emergency Services, to sign a contract amendment with F. Tom Berglund to extend the contract termination date from February 29, 1996, through April 30, 1996, and to increase the contract amount by $1,000 for additional services provided to the Contra Costa County Community "Based Organizations Disaster Preparedness Planning Project. (Grant Funds) C.71 APPROVE and AUTHORIZE the Director, Human Resources Department, to execute a contract with the County Personnel Administrator's Association of California and the Gibbens Company in an amount not to exceed $.76 per employee per quarter to provide services pertaining to unemployment insurance claims filed against the County for the period May 1, 1996,through April 30, 1999. (Unemployment Insurance Trust Fund) Leases -None Other Actions C.72 APPROVE the report from the Family and Human Services Committee on the status of the work of the Juvenile Systems Planning Advisory Committee. C.73 APPROVE the report from the Family and Human Services Committee on the status of the preparation of the Comprehensive Homeless Plan. C.74 REFER to the Family and Human Services Committee oversight of the County's contracts with the United Council of Spanish Speaking Organizations. C.75 APPROVE the Conflict of Interest Code for the East Contra Costa Regional Fee and Financing Authority, as recommended by County Counsel. C.76 ADOPT a resolution providing for the issuance and sale of General Obligation Bonds, Election of 1995, Series 1996, on behalf of the Moraga Elementary School District. 10 (05-07-1996) Other Actions - Continued C.77 ACCEPT from the County Clerk the Canvass of Votes for the April 23, 1996, Special Election for County Service Area P-6, Zone 2901, MS 10-94, Moraga area. C.78 ADOPT a resolution authorizing issuance and sale of General Obligation Bonds on behalf of the Lafayette Elementary School District. C.79 APPROVE policy addressing violence in the work place. C.80 APPROVE and AUTHORIZE the Auditor-Controller to carry forward unexpended Community Development Block Grant (CDBG) Housing funds totaling $217,161 to the fiscal year 1995-96 CDBG Housing Development Association Fund. , C.81 DETERMINE that there is a need to continue the emergency action regarding repair of fire damage at the County Courthouse, 725 Court Street, Martinez, and at the Mt. Diablo Judicial District Court facilities, 1950 Parkside Drive and 2970 Willow Pass Road, Concord. C.82 AUTHORIZE payment of$219,936 to the City of Pinole for fire protection services provided in fiscal year 1995-96 to the Contra Costa County Fire Protection District in the area of the former Pinole Fire Protection District. C.83 APPROVE plans and specifications for Bay Point Gateway Landscaping, Willow Pass Road, and Port Chicago Highway, Bay Point and DIRECT the Clerk to advertise for bids to be received on June 6, 1996. C.84 REFER to the County Administrator and Internal Operations Committee the reports of the 1995-96 Contra Costa County Grand Jury No. 9601, "Audit Cooperation/Teamwork in Auditing," and No. 9602, "Inmate Welfare Fund." C.85 RESCIND Board Order of April 16, 1996, agenda item C.75; and AUTHORIZE the Auditor- Controller to carry forward the unexpended balance from two Rubicon Building Bridges Projects in the amount of$2,134.98 and $44,788.72 respectively, to a third Rubicon Building Bridges Community Development Block Grant Project 1995-96; and AUTHORIZE the Deputy Director-Redevelopment, or designee, to execute a contract amendment for the third project to increase the spending limit by $46,923.70 to a new limit of$106,723.70. C.86 AUTHORIZE the County Clerk to consolidate the Rodeo-Hercules Fire Protection District Directors' election with the November 5, 1996, General Election. C.87 AUTHORIZE the Director of Community Development, or designee, to prepare and submit the necessary applications and certifications to the California Debt Limit Allocation Committee for up to $60 million in Private Activity Bond Authority for Mortgage Credit Certificates. Housing Author C.88 APPROVE set aside of $5,000 for a Kennedy-King Memorial Scholarship from Housing Authority Local Management Fund, to be donated in memory of Perfecto Villarreal, a former member of the Kennedy-King Board of Directors and a strong advocate of scholarship programs for disadvantaged youth. Redevelopment Agency (See Page 1, SD.1) 11 (05-07-1996) Correspondence C.89 LETTER from Chairman, Transportation Partnership and Cooperation (TRANSPAC), requesting the establishment of TRANSPAC as a Joint Powers Agency. REFER TO TRANSPORTATION COMMITTEE AND COUNTY COUNSEL C.90 LETTER from Mayor, City of Concord, transmitting copies of a report and feasibility study on a proposed Regional Police Air Support Program, and inquiring if the County would be interested in participating in the Program. REFER TO COUNTY ADMINISTRATOR AND SHERIFF-CORONER C.91 LETTER from the Redevelopment Agency of the City of San Pablo advising that the Redevelopment Agency is the Lead Agency for the preparation of an environmental impact report for the Tenth Township Redevelopment Project and Legacy Redevelopment Project in the City of San Pablo. REFER TO COUNTY ADMINISTRATOR AND DEPUTY DIRECTOR OF THE COUNTY REDEVELOPMENT AGENCY Consent Items of Board Members None Information Items C.92 LETTER from District Division Chief, California Department of Transportation, advising that Caltrans is proposing some modifications to Routes 580 and 680 in Alameda County, and of a public hearing scheduled for Tuesday, May 14, 1996, 7 p.m., at Amador Valley High School, 1155 Santa Rita Road, Pleasanton. 12 (05-07-1996) 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 AND ROOM 105, ADMINISTRATION BUILDING, TUESDAY, May 7, 1996, 8:30 A.M. AND THEREAFTER DURING THIS REGULAR May 7, 1996 MEETING A. CONFERENCE WITH LABOR NEGOTIATORS 1. Agency Negotiators: Leslie Knight, Richard Heyne, 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. Ayala Boring, Inc. V. V&M Construction/Backhoe, et al., Sup.Ct. No. C94-05445 C. 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) - Two: Involving threats of litigation in open and public meetings threatening litigation on specific matters within the responsibility of the-County. D. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS TITLES: 1. Growth Management & Economic Development Agency Director E. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION 1. Initiation of litigation pursuant to subdivision (c) of Section 54956.9: Number of potential cases - one. H ADFOTI\CL-SES\MAY7.WPD 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, May 7, 1996 CONSENT ITEMS: Approved as listed except as noted below: C. 11 DELETED; to be relisted on the May 14, 1996, Agenda. C. 61 CORRECTED to read: APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a mutually agreeable contract cancellation with the Child and Family Therapy Center effective December 31, 1995. PRESENTATIONS: Approved as listed. SHORT DISCUSSION ITEMS: Approved as listed. DELIBERATION ITEMS: Approved as listed except as noted below: 10:15 A.M. D.2 ACCEPTED the Third Quarter Budget Report from the County Administrator; DIRECTED the County Administrator to . continue to monitor the budget and implement corrective plans, where necessary; SCHEDULED the 1996-97 Budget Hearings during the week of July 22 through July 26, 1996, and adoption of the Final Budget on August 6, 1996; ACKNOWLEDGED the Probation Department' s loss of $4 . 1 million in federal Title IV-A emergency assistance monies for fiscal year 1996-97; DIRECTED the County Administrator to work with the Probation Department staff on a budget balancing plan; DIRECTED the County Administrator to work with the Community Services Director and his staff to identify the full extent of the Department' s projected deficit, now estimated at as much as $250, 000 to $300, 000 and to take corrective actions as soon as possible; and REFERRED to the Finance Committee for review, the process of departmental tracking and reporting of in-kind matching funds . D. 4 REFERRED the issues as discussed today relative to AB 2846 (Sweeney) , to the City and County Relations Committee, the Community Development Department, the Growth Management and Economic Development Agency and the Public Managers Association for review and to report back to the Board of Supervisors. D.5 ACCEPTED oral and written reports from Growth Management and Economic Development Agency (GMEDA) regarding the East Bay Municipal Utilities District (EBMUD) water rates issues; APPROVED and AUTHORIZED the Chair, Board of Supervisors, to send a letter to the EBMUD Board of Directors requesting that EBMUD fund a jointly coordinated selection of an independent consultant to evaluate the EBMUD tiered rate structure including an evaluation of the fairness of the tiered rates and the actual effect of tiered rates on water - conservation; DIRECTED the GMEDA Director, or designee, to assist EBMUD in selecting an independent consultant and in helping to oversee the evaluation process; REFERRED this also to the City/County Relations Committee for additional input during the independent evaluation process; and DEFERRED taking a position on AB 2203 and AB 2346 until EBMUD responds to the Board of Supervisors ' request to provide an independent consultant to evaluate the current water issues. 1 (05-07-1996 - Sum) D. 7 APPROVED the six recommendations on the Summary page of the Report on the Merrithew Memorial Hospital Replacement Project as presented by Emma Kuevor, Affirmative Action Officer; and DIRECTED staff to consider the additional recommendations as suggested by Jonothan Dumas, EEO Advisory Council, and Joseph Hogan and to report back to the Board of Supervisors . CLOSED SESSION: No reportable action taken. DELIBERATION ITEMS: Approved as listed except as noted below: 2:00 P.M. D. 10 The following persons addressed the Board of Supervisors under public comment: 1. Henry Clarke, Labor Coalition and General Manager Local 1, P.O. -Box 222, Martinez, CA, addressed the Board on issues including current labor negotiations. 2. Pam Aguilar, AFSCME Local 2700, 4260 Clayton Road #19, Concord, CA, addressed the Board on issues including . current labor negotiations. 3. Bruce Peasley, Local 535, 661 27th Street, Oakland, CA, addressed the Board on issues including current labor negotiations. 4 . Jeanne Walker Johnson, California Nurses Association, 116 Windhover Way, Martinez, CA, addressed the Board on issues including current labor negotiations . 5. Jacque Salvador, President Local 1, P.O. Box 222, Martinez, CA, addressed the Board on issues including current labor negotiations. 6. Kathleen Carrol, 1020 Arkell Road, Walnut Creek, CA, addressed the Board on issues including the utilization of temporary employees versus permanent employees by . Contra Costa County. D. 11 ACCEPTED report from the Community Development Director regarding the Off-Sale Alcoholic Beverage Retail Establishment Ordinance; INTRODUCED the Ordinance, waived reading, and FIXED May 21, 1996, for adoption of same. D. 12 DENIED the appeal; AFFIRMED the Planning Commission' s denial of Land Use Permit 95-2023, from the decision of the Contra Costa County Planning Commission acting as the Board of Appeals on the request by Homer and Lynn Bryant, (LP-95-2023) (Applicants and Owners) , Walnut Creek area; and ADOPTED Findings supporting the denial of the appeal by Homer and Lynn Bryant, (Appellants) . D. 13 D. 14 CONTINUED to May 14, 1996, at 2 P.M. , the hearings on the appeals of Dame' Construction Company and Shadow Creek Residents Association on applications 3004-95 and 3003-95, Danville /Tassajara area. (AYES: 1, 3, 4, 5; NOES: None; ABSENT: 2; ABSTAIN: None) D. 15 CONTINUED to May 14, 1996, at 4 P.M. , the hearing on the Administrative Appeal of Charles M. Koss, et al, regarding the issuance of a grading permit for Subdivision 7462, Black Oaks Estates, Diablo area. (AYES: 1, 3, 4, 5; NOES: None; ABSENT: 2; ABSTAIN: None) 2 (05-07-1996 - Sum)