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HomeMy WebLinkAboutAGENDA - 04201999 - AGENDA JOHN GtOIA CALENDAR FOR THE BOARD OF SUPERVISORS IStDISTRICT CONTRA COSTA COUNTY JOE CHAIR GAYLE B.UILKEMA 2nd DISTRICT AND FOR DONNA GERBER SPECIAL DISTRICTS,AGENCIES,AND PHIL BATCHELOR 3rd DISTRICT AUTHORITIES GOVERNED BY THE BOARD CLERK OF THE BOARD MARK DeSAULNIER AND 4th DISTRICT BOARD CHAMBERS ROOM 107,ADMINISTRATION BUILDING.651 PINE STREET COUNTY ADMINISTRATOR JOE CANCIAMILLA MARTINEZ,CALIFORNIA 94553-1229 (925)335-1900 5th DISTRICT TUESDAY APRIL 20, 1999 9:00 A.M. Convene and announce adjournment to Closed Session, Room 105. 9:30 A.M. Call to order and opening ceremonies. Inspirational Thought - "A nation is no stronger than its families." Sir Winston Churchill CONSIDER CONSENT ITEM (Pages 3 - 14) - Items removed from this section will be considered with the Short Discussion Items. 9:35 A.M. PRESENTATIONS P.1 PRESENTATION to acknowledge and honor the recipients of the 1998 Contra Costa County Library Volunteer and Community Partner "Special Recognition Awards" and ACCEPT the Contra Costa County Library's 1998 Annual Volunteer Report. (Anne Cain, Acting County Librarian) P.2 PRESENTATION proclaiming the week of April 17-23, 1999, as the "Week of the Young Child" in Contra Costa County. (Cathy Roof, Chair, Contra Costa Child Care Directors' Association) P.3 PRESENTATION recognizing several auto repair shops that are newly qualified as "Green Businesses," as part of the Earth Day celebration. Presented in cooperation with numerous environmental agencies, including the Central Contra Costa Sanitary District. (Rabin Bedell- Waite,Health Services Department) PA PRESENTATION of awards to "People Who Make a Difference", PROCLAIM the month of April as"Alcohol Awareness Month" in Contra Costa County, and ACKNOWLEDGE the efforts of the Substance Abuse Advisory Board. (Torn Aswad, Chair, and Robbie Bush, Vice Chair, Substance Abuse Advisory Board) 10:15 A.M. SHORT DISCUSSION ITEMS - The Board will consider and take action on the following items: SD.I CONSIDER any Consent Items previously removed. SD.2 CONSIDER approving the recommendation of the Transportation, Water and Infrastructure Committee on the request from Assemblyman Tom Torlakson for assistance in identifying additional steps that can be taken to address the severe congestion on State Route 4. (Supervisor Gerber) 1 (04-20-1999) SHORT DISCUSSION ITEMS - Continued SD.3 CONSIDER authorizing the Chair, Board of Supervisors, to sign a letter to the Governor supporting recent actions taken in his Executive Order to phase out methyl tertiary butyl ether (MTBE) in gasoline; CONSIDER authorizing the Chair, Board of Supervisors, to sign letters to local refiners encouraging the earliest possible phase out of MTBE; and CONSIDER supporting the following legislation related to MTBE; SB989 (Sher) and the Federal legislation sponsored by Senator Feinstein (S 266, S 645, S 267 and S 268), as recommended by the Transportation, Water and Infrastructure Committee. (Supervisor Gerber) SDA CONSIDER report from the County Counsel transmitting to the Board a proposed revised ordinance to implement Proposition 10 (cigarette tax), and CONSIDER introducing the ordinance, waiving reading and fixing April 27, 1999, for adoption. (Victor J. Westman, County Counsel) 10:45 A.M. DELIBERATION ITEMS - The Board will consider and take action on the following items: D.1 PUBLIC COMMENT. (3 Minutes/Speaker) D.2 CONSIDER the report from the County Administrator on activities to date on 651 Pine Street County Administration Building, Family Law Center, Summit Centre and meetings with the City of Martinez regarding the downtown Civic Center area. (County Administrator) D.3 CONSIDER authorizing a General Plan Amendment Study as requested by Ponderosa Homes and Shapell Industries of Northern California for approximately 596 acres of land located in the Tassajara Valley area. (Dennis Barry, Community Development Director) 11:15 A.M. DA CONSIDER approving the report and recommendations submitted by the In-Home Supportive Services (IHSS) Public Authority Implementation Team and the Social Service Director, and AUTHORIZE the County Administrator and the Director, Employment and Human Services Department, to begin recruitment, hiring and location processes for the Public Authority staff. (County Administrator and John Cullen, Director, Employment and Human Services Department) 12:00 Noon Closed Session 1:00 P.M. DELIBERATION ITEMS - The Board will consider and take action on the following items: D.5 CONSIDER referring to the Finance Committee the issue of reviewing the County's investment policies, as recommended by Supervisors Canciamilla and Gioia. D.6 CONSIDER terminating the construction contract for the North Richmond Center for Health, Chesley and Third Streets, Richmond; ASSESS liquidated damages; and AUTHORIZE County Counsel to pursue legal remedies. (Bart Gilbert, General Services Director) D.7 HEARING on the recommendation of the San Ramon Valley Regional Planning Commission on the request by the Diablo Property Owners Association (Applicant) to nominate 67 selected trees on assorted parcels within the community of Diablo for heritage designation pursuant to the Heritage Tree Preservation Ordinance. (Dennis Barry, Community Development Director) 2 (04-20-1999) GENERAL INFORMATION The Board meets in all its capacities pursuant to Ordinance Code Section 24-2.402, including as the Housing Authority and the Redevelopment Agency. Persons who wish to address the Board should complete the form provided for that purpose and furnish a copy of any written statement to the Clerk. All matters listed under CONSENT ITEMS are considered by the Board to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Board or a member of the public prior to the time the Board votes on the motion to adopt. Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls for comments from those persons who are in support thereof or in opposition thereto. After persons have spoken, the hearing is closed and the matter is subject to discussion and action by the Board. Requests for reconsideration of a land use(planning)decision must be submitted in writing to the Clerk of the Board of Supervisors within 10 days of the Board's decision, and must identify the new information which was not before the Board of Supervisors when the decision was made. The County will provide reasonable accommodations for disabled individuals planning to attend Board meetings who contact the Clerk of the Board at (925)335-1900; TDD (925)335-1915. An assistive listening device is available from the Clerk, Room 106. Copies of taped recordings of all or portions of a Board meeting may be purchased from the Clerk of the Board. Please telephone the Office of the Clerk of the Board, (925) 335-1900, to make the necessary arrangements. Forms are available to anyone desiring to submit an inspirational thought nomination for inclusion on the Board Agenda. Forms may be obtained at the Office of the County Administrator or Office of the Clerk of the Board, 651 Pine Street, Martinez, California. Applications for personal subscriptions to the weekly Board Agenda may be obtained by calling the Office of the Clerk of the Board, (925) 335-1900. The weekly agenda may also be viewed on the County's Internet Web Page: WWW.CO.CONTRA-COSTA.CA.US. The Closed Session agenda is available each week upon request from the Office of the Clerk of the Board, 651 Pine Street, Room 106, Martinez, California, and may also be viewed on the County's Web Page. The Family and Human Services Committee (Supervisors M. DeSaulnier and G. B. Uilkema) - 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 J. Gioia and D. Gerber)- Meets on the second and fourth Mondays of the month at 10:00 A.M. in Room 108, County Administration Building, 651 Pine Street, Martinez. The Internal Operations Committee(Supervisors G. B. Uilkema and J. Gioia)- meets on the second and fourth Mondays of the month at 1:00 P.M. in Room 105, County Administration Building, 651 Pine Street, Martinez. The Transportation Water& Infrastructure Committee (Supervisors D. Gerber and M. DeSaulnier)- meets on the third Monday of the month at 9:00 A.M. in Room 108, County Administration Building, 651 Pine Street, Martinez, beginning with March 15, 1999. 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 04-26-1999 9:00 A.M. See above Finance Committee 04-26-1999 10:00 A.M. See above Internal Operations Committee 04-26-1999 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. i (04-20-1999) 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 AWARD a contract to Biland Construction Company, the lowest responsible bidder, for the Blum Road Frontage and Drainage Improvements Project, Pacheco area. (Funding: 84% Solano Way Closure Mitigation and 16% S13300) C.2 APPROVE plans and specifications and ADVERTISE for bids for the North Broadway Area Infrastructure Program-Phase 1.13 Project, Bay Point area. [CDD-CP #97-36] (Funding: 100% Redevelopment Agency) C.3 ROAD CLOSURE: GRANT permission to completely close a portion of San Pablo Dam Road on Saturday, April 24, 1999, from 6:00 a.m. to 6:00 p.m., for the purpose of the El Sobrante Stroll,El Sobrante area. CA APPROVE Relocation Assistance Claim from Davidson and Patricia Smith in the amount of $225 for incidental expenses in connection with the State Route 4 East Project, Bailey Road to Railroad Avenue, Pittsburg area. (Funding: Contra Costa Transportation Authority) C.5 ACCEPT Grant of Easement from the City of Concord for alternate access to Pine Creek Channel Facilities, Concord area. C.6 APPROVE and AUTHORIZE conveyance of real property rights from the Flood Control District to the County and AUTHORIZE the Chair,Board of Supervisors,to execute a Quitclaim Deed to the County,Martinez area. C.7 APPROVE Relocation Assistance Claim from Tracy Scott in the amount of$1550 for moving expenses in connection with the State Route 4 East Project, Bailey Road to Railroad Avenue, Pittsburg area. (Funding: Contra Costa Transportation Authority) C.8 APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute the Federal Apportionment Exchange and State Match Program which allows Caltrans to pay the County $100,000 for fiscal year 1998-99,to be used for transportation purposes, Countywide. C.9 APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute the Joint Exercise of Powers Agreement between Contra Costa County and the City of Brentwood for the construction of a right turn lane on Lone Tree Way at Fairview Avenue, Brentwood area. Engineering Services C.10 SUB 7649: ACCEPT completion of improvements and deficiency bond for subdivision being developed by The DeSilva Group, Inc., and Greystone Homes, Inc., a Delaware Corporation, Danville area. C.11 SUB 7578: APPROVE the final map and subdivision agreement for subdivision being developed by Toll Land XXII Limited Partnership, San Ramon area. C.12 SUB 7578: ACCEPT grant deed of development rights (Condition of Approval No. 5F) for subdivision being developed by Toll Land XXII Limited Partnership, San Ramon area. C.13 SUB 7578 (RA 1032): APPROVE the Road Improvement Agreement (Norris Canyon Road) for subdivision being developed by Toll Bros., Inc., San Ramon area. C.14 SUB 7267: APPROVE the final map and subdivision agreement for subdivision being developed by Morgan Capital Investment Properties,Lafayette area. 3 (04-20-1999) Engineering Services - Continued C.15 SUB 7267: ACCEPT grant deed of development rights (scenic easement) for subdivision being developed by Morgan Capital Investment Properties,Lafayette area. C.16 SUB 7115: ACCEPT completion of improvements for subdivision being developed by Blackhills Developers,Danville area. C.17 TRUST FUND 83100: AUTHORIZE the Public Works Director to arrange for investment of all available monies in Land Development Trust Fund 83100 through the Treasurer-Tax Collector's Office and DIRECT the Auditor-Controller to deposit all interest earned on investment of funds from Land Development Trust Fund 83100 to go back into that account. C.18 APPROVE and AUTHORIZE the Public Works Director to execute an amendment to the Consulting Service Agreement with LSA Associates, Inc., to increase the payment limit by $10,000 to a new payment limit of $35,000 to provide "on-call" environmental permitting services for various projects, Countywide. (100%Flood Control,Road and Airport Funds) C.19 APPROVE and AUTHORIZE the Public Works Director to execute an amendment to the Consulting Service Agreement with Sycamore Associates to increase the payment limit by $15,000 to a new payment limit of $40,000 to provide "on-call" environmental permitting services for various projects, Countywide. (100%Flood Control,Road and Airport Funds) C.20 APPROVE and AUTHORIZE the Public Works Director to execute an amendment to the Consulting Service Agreement with Zentner and Zentner to increase the payment limit by $10,000 to a new payment limit of $35,000 to provide "on-call" environmental permitting services for various projects, Countywide. (100%Flood Control,Road and Airport Funds) Special Districts & County Airports C.21 SUB 8145: AUTHORIZE the Chief Engineer of the Contra Costa County Flood Control and Water Conservation District to vote and sign the ballot received to levy a County Service Area L-100 Lighting District annual assessment upon parcels for subdivision being developed by De Nova Homes, Walnut Creek area. C.22 APPROVE and AUTHORIZE the Public Works Director to execute a lease with the Federal Aviation Administration (FAA) for land at the Buchanan Field Airport for the location of a remote transmitter receiver, Concord area. (No Compensation) Statutory Actions -None Claims, Collections & Litigation C.23 DENY claims of S. Cotton, B. J. Forrest, F. Ramirez, T. Rogers, and R. Sawhney; and DENY amended claim of L. J. Coffey. C.24 RECEIVE report concerning the litigation matter of Andrew Nida vs. Contra Costa County and AUTHORIZE payment from the Workers' Compensation Trust Fund. C.25 AUTHORIZE Contra Costa County intervention in County of Sonoma v. Commission on State Mandates, et al. (Sonoma Sup. Ct. No. SCD221243), litigation funding and County Counsel execution of involved legal documents. Hearing Dates C.26 ADOPT Engineer's Report for street lighting charges, FIX June 8, 1999, at 9:00 a.m. for public hearing and DIRECT the Public Works Director to mail ballots to parcel owners of Minor Subdivision 3-98 in compliance with Proposition 218, Alamo area. 4 (04-20-1999) Honors & Proclamations C.27 PROCLAIM April 18-24, 1999 as "National Infant Immunization Week" and the month of May as "Toddler Immunization Month" in Contra Costa County, as recommended by the Health Services Director. C.28 PROCLAIM the month of May 1999 as "Mental Health Month" in Contra Costa County, as recommended by the Health Services Director. C.29 PROCLAIM the week of May 16-22, 1999, as "National Public Works Week" in Contra Costa County, as recommended by the Public Works Director. C.30 ADOPT a resolution honoring The San Pablo International Marketplace during their Christening Ceremony on April 24, 1999, as recommended by Supervisor Gioia. Ordinances C.31 ADOPT Ordinance 99-12, introduced April 6, 1999, relating to the measurement of structure setbacks from the easement lines on private roads. C.32 ADOPT Ordinance 99-13, introduced April 6, 1999, excluding the class of Workforce Investment Board Executive Director and Workforce Service Director from the Merit System, and retitling the Exempt class of Social Service Director to Employment and Human Services Director. C.33 INTRODUCE ordinance exempting the class of Senior Financial Counsel-Exempt from the Merit System, WAIVE reading and FIX April 27, 1999, for adoption. C.34 INTRODUCE ordinance adjusting the Electronic Home Detention Fee, WAIVE reading and FIX April 27, 1999, for adoption. Appointments & Resignations C.35 APPROVE medical staff appointments and reappointments, as recommended by the Medical Executive Committee on March 15, 1999. C.36 DECLARE vacant the Member at Large seat held by Inez Nichols on the Advisory Council on Aging and DIRECT the Clerk to apply the Board's policy for filling the vacancy, as recommended by the Membership Committee of the Advisory Council. C.37 REAPPOINT Supervisor Gayle B. Uilkema to the Central Contra Costa Transit Authority's Board of Directors, as recommended by Supervisor Canciamilla. C.38 APPOINT in lieu of election Richard L. Cabral to the position of General Member Number 3 of the Contra Costa County Employees' Retirement Association Board, as recommended by the County Clerk-Recorder. C.39 APPOINT James Rice to the Human Relations Commission, as recommended by the Internal Operations Committee. C.40 APPOINT John L. Bauer to the Contra Costa County Fire Protection District's Advisory Fire Commission, as recommended by the Internal Operations Committee. C.41 APPOINT Le'Faye A. Walton to the North Richmond Municipal Advisory Council, as recommended by Supervisor Gioia. Appropriation Adjustments - 1998-1999 EY C.42 Social Service (0500)/General Services - Fleet (0063): AUTHORIZE the transfer of$7,288 in appropriations from Social Service to Fleet Operations for the purchase of one passenger van. 5 (04-20-1999) Appropriation Adjustments - Continued C.43 Health Services-Mental Health (0467)/General Services-Fleet (0063); AUTHORIZE the transfer of $38,691 from Mental Health to Fleet Operations for the purchase of two automobiles and one van to be used to transport clients. C.44 Oakley Fire Protection District (7017): AUTHORIZE the transfer of $253,000 in revenues from the Contra Costa County Fire Protection District and APPROPRIATE to the Oakley Fire Protection District for the establishment of the Oakley Fire Protection District budget for January 1, 1999, through June 30, 1999. C.45 County Counsel (00301: AUTHORIZE an additional $272,855 in revenue from the Liability Self-Insurance Trust Fund and APPROPRIATE to cover salaries and benefits, purchase of supplies, services and related expenses for the Tort Liability Litigation Unit. C.46 District Attorneylamily S=port 0245): AUTHORIZE an additional $54,343 in Federal Aid Family Support Collections and State Aid Supportive Enforcement Incentive and APPROPRIATE to cover the cost of eight new Family Support Collections Officer positions for two months. C.47 Building Maintenance (0079): AUTHORIZE an additional $32,715 in revenues from the Courts and APPROPRIATE to the General Services-Building Maintenance (0079) budget to purchase modular furniture for 640 Ygnacio Valley Road, Walnut Creek, for the Superior Court. C.48 Fleet Operations (0063): AUTHORIZE $9,425 in accumulated depreciation and estimated salvage from one vehicle and APPROPRIATE to the General Services-Fleet (0063) budget to purchase a replacement vehicle for the Social Services Department. C.49 Various Departments: AUTHORIZE the transfer of $1,112,894 in revenues for various departments from Keller Canyon Surcharge Funds to Transfer Station Surcharge Funds, to correctly identify the source of revenue. C.50 Plant Acquisition (0111): AUTHORIZE revenue in the amount of $7,500,000 from Certificates of Participation (1999 Series A Contra Costa County Public Financing Authority) and APPROPRIATE for the construction of a Family Law Center in Martinez. C.51 Plant Acquisition (0111): AUTHORIZE the transfer of$50,000 for various Americans with Disabilities Act (ADA) improvements at 45 Civic Drive, Pittsburg; 100 37th Street, Richmond; 640 Ygnacio Valley Road, Walnut Creek; and 725 Court Street, Martinez, for the Superior Court. C.52 Plant Acquisition (0111): AUTHORIZE revenue in the amount of $22,105 from interest earnings on reserve funds for Contra Costa County Public Facilities Corporation (CCCPFC) Certificates of Participation and APPROPRIATE for various building improvements at 2020 North Broadway, Walnut Creek, and 640 Ygnacio Valley Road, Walnut Creek, for the Superior Court. C.53 Plant Acquisition(0111): AUTHORIZE revenue in the amount of$16,500,000 from the 1999 Series A CCCPFA Certificates of Participation and APPROPRIATE for the acquisition and improvements to the Summit Centre, 2530 Arnold Drive, Martinez, as previously approved by the Board of Supervisors. C.54 Plant Acquisition(0111): AUTHORIZE revenues in the amount of$93,452 from debt service savings that were created by refinancing the 1994 COP Issue (CCCPFC) in 1998 and APPROPRIATE funds for improvements at 1305 MacDonald Avenue, Richmond and 151 Linus Pauling Drive, Hercules, for the Employment and Human Services Department. 6 (04-20-1999) Appropriation Adjustments - Continued C.55 Plant Acquisition (0111): AUTHORIZE revenue in the amount of$1,750,000 from the 1992 CCCPFC refunding Certificate of Participation and APPROPRIATE for the remodeling of the Third Floor at 50 Douglas Drive, Martinez, for the District Attorney's Family Support Division. C.56 Fleet Q12erations 00631: AUTHORIZE $12,696 in accumulated depreciation and estimated salvage from three vehicles and APPROPRIATE to the General Services-Fleet (0063) budget to purchase replacement vehicles for the Health Services Department. Legislation Bill No. Subject Position C.57 AB 1195 (Longville) Freezes contributions to the Educational Revenue SUPPORT Augmentation Fund (ERAF) at the 1998-99 level and reduces the contributions by an unspecified amount beginning in the 1999-2000 fiscal year. C.58 AB 1194 (Leonard) Reduces contributions to the Educational Revenue SUPPORT Augmentation Fund (ERAF) by an unspecified amount beginning in the 1999-2000 fiscal year. C.59 AB516 (Wayne) Provides a permanent funding base for the State SUPPORT Revolving Fund for small water system loans. C.60 SB647 (Rainey) Establishes a mechanism for the State to fund SPONSOR Multidisciplinary Interview Centers in order to coordinate existing duties in connection with the investigation of suspected child abuse cases. Personnel Actions C.61 ADD one full time Health Education Specialist position and CANCEL one full time vacant Health Education Specialist-Project position in the Health Services Department. (Miscellaneous Health Projects) C.62 INCREASE the hours of two Clerk-Senior Level positions from 32/40 to full time in the Health Services Department. (Third Party Revenues) C.63 ADD one 20/40 Occupational Therapist II position and REDUCE the hours of one Occupational Therapist II position from full time to 20/40 in the Health Services Department. (Salary Offset) C.64 RECLASSIFY one full time Substance Abuse Lead Counselor position to Discovery Facility Director in the Health Services Department. (Federal Funds) C.65 ADOPT a resolution correcting position numbers and class titles in P300 Nos. 18046 and 18077 in the Health Services Department. C.66 ADOPT a resolution establishing the class of Senior Financial Counsel-Exempt on the salary schedule, adding one position and canceling one Deputy County Counsel-Advanced Level position in the Office of the County Counsel. (Budgeted) C.67 RECLASSIFY one full time Budget Technician to Management Analyst II in the County Administrator's Office. (Budgeted) C.68 RECLASSIFY one full time Deputy Clerk-Senior Level position to Clerk-Senior Level (same salary range) in the Superior Court. (Trial Court Funding) 7 (04-20-1999) Personnel Actions - Continued C.69 INCREASE the hours of one Senior Clerk position from 30/40 to full time in the Public Works Department. (Budgeted) (Charged to Customers) C.70 ADD one full time Accountant II position, CANCEL one Tax Collections Staff Manager position and ABANDON the class of Tax Collections Shop Manager in the Tax Collector's Office. (Salary Savings) C.71 RETITLE the class of Property Tax Supervisor to Tax Operations Supervisor and REALLOCATE the class on the salary schedule in the Office of the County Tax Collector. (Tax Revenue Funds) Grants & Contracts APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of funds and/or services: C.72 AUTHORIZE the Executive Director, Private Industry Council (PIC), or designee, to receive reimbursement payments of up to $413,983 from Alameda County for One-Stop Career Center implementation activities through August 31, 1999. (No County Match) C.73 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a Standard Agreement Amendment with the State of California, Managed Risk Medical Insurance Board, to revise the rates of payment for participants enrolled in the program for the period from July 1, 1999, through June 30, 2000. C.74 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Pacific Business Group on Health for the County's participation in the State's Health Insurance Plan of California (HIPC) Program for the period from July 1, 1999, through December 31, 2000. C.75 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute an Interagency Agreement with the West Contra Costa Unified School District to pay the County $30,000 to provide professional mental health services to Special Education students and their families through June 30, 1999. (No County Match) C.76 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to apply for a grant from the State Department of Alcoholic Beverage Control and to execute a contract if the grant is approved in the amount of$92,532 for enforcement of laws in ABC licensed establishments for the period July 1, 1999, through June 30, 2000. (No County Match) C.77 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute contracts totaling $33,516 with the cities of El Cerrito, Pinole, Brentwood, and Lafayette and the West Contra Costa Unified School District to enable the County to charge for disaster preparedness consultant services through June 30, 1999. (No County Match) C.78 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to apply to the State Department of Boating and Waterways, for a grant in the amount of$785,574 to support the Marine Patrol, and AUTHORIZE the Sheriff-Coroner, or designee, to sign a Contract and Agreements to accept this funding for the period July 1, 2000, through June 30, 2001. (No County Match) 8 (04-20-1999) Grants & Contracts - Continued APPROVE and AUTHORIZE execution of agreements between the County and the following parties as noted for the purchase of equipment and/or services: C.79 AUTHORIZE the County Water Agency to execute a contract amendment with Towill, Inc., to increase the payment limit by $20,000 to a new payment limit not to exceed $30,000 for additional work on updating parcel information and the generation of parcel maps for use in preparation of a proposed Assessment District for operations and maintenance of the Suisun and New York Slough Channel sections. C.80 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Gene Roney in the amount of $54,200 for consultation and technical assistance to the Contra Costa Health Plan with regard to custom software applications for the period from June 1, 1999, through May 31, 2000. (Member Premiums) C.81 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Anne Hoff, Ph.D., to provide Medi-Cal mental health specialty services to be paid in accordance with a specified fee schedule through June 30, 1999. (State and Federal Funds) C.82 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Nestor Vaschetto, M.D., to provide Medi-Cal mental health specialty services to be paid in accordance with a specified fee schedule through June 30, 2000. (State and Federal Funds) C.83 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Mark Drucker, M.D., to provide professional health care services for the Contra Costa Health Plan to be paid in accordance with a specified fee schedule through January 31, 2000. (Member Premiums, Third Party Revenues) C.84 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with V. Arek Keledjian, M.D., to provide professional health care services for the Contra Costa Health Plan to be paid in accordance with a specified fee schedule through January 31, 2000. (Member Premiums, Third Party Revenues) C.85 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Colleen Kenney, D.P.M., to provide professional health care services for the Contra Costa Health Plan to be paid in accordance with a specified fee schedule through January 31, 2000. (Member Premiums, Third Party Revenues) C.86 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Stephen Lewis, M.D., to provide professional health care services for the Contra Costa Health Plan to be paid in accordance with a specified fee schedule through January 31, 2000. (Member Premiums, Third Party Revenues) C.87 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Robert Lowitz, M.D., to provide professional health care services for the Contra Costa Health Plan to be paid in accordance with a specified fee schedule through January 31, 2000. (Member Premiums, Third Party Revenues) C.88 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Thomas B. Hargrave III, M.D., to reduce the monthly rate from $6,720 to $4,750 with contract not to exceed $54,625 for gastroenterology services through January 31, 2000. (Third Party Revenues) 9 (04-20-1999) Grants & Contracts - Continued C.89 APPROVE and AUTHORIZE the Health Services Department, or designee, to execute an Emergency Residential Care Placement Agreement with Winnie Harrison, dba Hammon House, to provide emergency residential care to mentally disturbed adults who are potentially eligible for SSI/SSP in an amount not to exceed $731 per client per month through December 31, 1999, and $767.55 per client per month beginning January 1, 2000 and AUTHORIZE the Auditor-Controller to pay an amount not to exceed $96 per month for incidental expenses and personal needs through December 31, 1999, and $100.80 per month beginning January 1, 2000, through February 29, 2000. (Federal Funds) C.90 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a Non- Physician Services Contract with Touchstone Counseling to provide professional outpatient psychotherapy services to be paid at specified rates through December 31, 1999. (Contra Costa Health Plan Member Premiums, Third Party Revenues) C.91 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with California Heart Medical Group to provide professional health care services for the Contra Costa Health Plan to be paid in accordance with a specified fee schedule through January 31, 2000. (Member Premiums, Third Party Revenues) C.92 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with East Bay Perinatal Medical Associates to provide professional health care services for the Contra Costa Health Plan to be paid in accordance with a specified fee schedule through January 31, 2000. (Member Premiums, Third Party Revenues) C.93 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Brian Elchinoff, D.P.M., to provide professional health care services for the Contra Costa Health Plan to be paid in accordance with a specified fee schedule through January 31, 2000. (Member Premiums, Third Party Revenues) C.94 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with David Demartini, M.D., to provide professional health care services for the Contra Costa Health Plan to be paid in accordance with a specified fee schedule through January 31, 2000. (Member Premiums, Third Party Revenues) C.95 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a Mental Health Specialist contract with Alexander Gorodetsky, M.D., in the amount of $124,400 to provide professional outpatient psychiatric services through March 31, 2000. (Mental Health Realignment, Third Party Revenues) C.96 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Women Organized to Respond to Life-Threatening Diseases (WORLD) in the amount of $39,000 to provide peer psychosocial advocacy services for persons with HIV disease through February 29, 2000. (Federal Funds) C.97 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Stephen D. Rader, M.D., to increase the payment limit by $27,487 to a new payment limit of $124,241 to provide additional hours of psychiatric services to patients through June 30, 1999. (County/Realignment, Third Party Revenues) C.98 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Hilltop Pediatric Group for professional primary care services for Contra Costa Health Plan members to be paid at specified rates through December 31, 1999. (Member Premiums, Third Party Revenues) C.99 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Bonita House in the amount of $127,837 to provide dual diagnosis (mental illness and substance abuse) social rehabilitation residential services through March 31, 2000. (Budgeted) 10 (04-20-1999) Grants & Contracts - Continued C.100 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with the AIDS Community Network in the amount of $41,250 to provide HIV/AIDS case management services for Contra Costa residents with HIV disease through February 29, 2000. (Federal Funds) C.101 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Tellez & Associates, Inc., in the amount of $35,000 for recruitment of two Nursing Program Managers through December 31, 1999. (Enterprise I Budget) C.102 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Lawrence McReynold, M.D., to provide psychiatric services for the Contra Costa Health Plan to be paid at specified rates through December 31, 1999. (Member Premiums, Third Party Revenues) C.103 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Nils Parson, M.D., Inc., to modify payment provisions and extend the term of the contract for Thoracic and Vascular Surgery services through March 31, 2000. (Third Party Revenues) C.104 APPROVE and AUTHORIZE the County Administrator, or designee, to execute Administrative Amendments for specified Substance Abuse Contracts to increase the salary and administrative cost components by 3.5% for fiscal year 1998-99, to make modifications in corresponding payment and budget provisions and to incorporate State or County required changes in other provisions. C.105 APPROVE and AUTHORIZE the County Administrator, or designee, to execute Administrative Amendments for specified Mental Health Contracts to increase the salary and administrative cost components by 3.5% for fiscal year 1998-99, to make modifications in corresponding payment and budget provisions and to incorporate State or County required changes in other provisions. C.106 APPROVE and AUTHORIZE the County Administrator, or designee, to execute Administrative Amendments for Battered Women's Alternatives and Rape Crisis Center contracts to increase the salary and administrative cost components by 3.5% for fiscal year 1998-99, to make modifications in corresponding payment and budget provisions and to incorporate State or County required changes in other provisions. C.107 AUTHORIZE the Executive Director, Private Industry Council (PIC), to execute a contract on behalf of EASTBAY Works Cooperative with the South Private Industry Council at a payment limit of $50,000 to provide a Training Resource and Information Network for EASTBAY Works through February 29, 2000. (Federal Funds) C.108 APPROVE and AUTHORIZE the Social Service Director, or designee, to execute a contract with Robert C. Patrick in the amount of $33,600 for Welfare-to-Work transportation consultation and technical assistance for the period from April 12, 1999, through October 12, 1999. (State Funds) C.109 APPROVE and AUTHORIZE the Social Service Director, or designee, to execute a contract with Harriet Dodd in the amount of $30,000 for Independent Living Skills Program consultation and technical assistance to design and implement an aftercare program through September 30, 1999. (Federal Funds) C.110 APPROVE and AUTHORIZE the Social Service Director, or designee, to execute a contract with Christopher Parkhurst in the amount of$48,000 for consultation and technical assistance to the department's contracts and grants unit through March 31, 2000. (80% State, 20% County) 11 (04-20-1999) Grants & Contracts - Continued C.111 APPROVE and AUTHORIZE the Community Services Director, or designee, to execute a contract amendment with Greg Gibbons to increase the payment limit by $20,123 to a new payment limit of $53,573 and extend the term of the contract to provide continued staff development and parent training through August 31, 1999. (Federal Funds) C.112 APPROVE and AUTHORIZE the Community Services Director, or designee, to execute a contract with Newborn Connections in the amount of$144,819 for home-based Early Head Start services through December 31, 1999. (Federal Funds) C.113 APPROVE and AUTHORIZE the Director of General Services, or designee, to execute a short form service contract agreement with Procurement Services Associates in the amount of $50,000 to provide temporary professional buying services through September 30, 1999. (Budgeted) C.114 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with the Bethel Island Municipal Improvement District in the amount of$25,400 to provide stormwater pollution control services for the period April 1, 1999, through March 30, 2000, Bethel Island. (Stormwater Utility Assessment Revenues) C.115 APPROVE and AUTHORIZE the Purchasing Services Officer to execute, on behalf of the County District Attorney, Family Support Division, a Short Form Service Contract with Lotus Development Corporation for on-site computer training at a cost not to exceed $43,960 for the period May 3, 1999, through June 30, 1999. (Revenue Offset) C.116 APPROVE and AUTHORIZE the Director of General Services to execute the Second Amendment to the Consulting Services Agreement with Leslie D. Richardson to increase the payment limit by $50,000 to a new payment limit of$125,000 for architectural services for miscellaneous building construction projects. (Charged to Customers) C.117 AUTHORIZE the Deputy Director-Redevelopment, or designee, to enter into HOME Project Agreement 98-3 with Resources for Community Development to provide $328,000 in HOME funds for the Caldera Place Affordable Housing Project in Concord, and execute required legal documents for this purpose. C.118 APPROVE and AUTHORIZE the Director of General Services, or designee, to execute a contract amendment with C.S.I. Telecommunications to continue to provide telecommunications engineering services increasing the payment limit by $25,000 to a new payment limit of $175,000 and extending the termination date of the contract to June 30, 1999. (Budgeted) Leases C.119 APPROVE and AUTHORIZE the Director of General Services to execute a sublease with the Pittsburg Pre-School Coordinating Council, Inc., commencing April 1, 1999, for the premises at 2711 A&B Willow Pass Road, Bay Point, under which the Pittsburg Pre-School Coordinating Council will pay the County $18,000 annually through March 31, 2001. Other Actions C.120 AUTHORIZE the Chair, Board of Supervisors, to sign a letter to the District Commander, U.S. Army Corps of Engineers, requesting that the Corps suspend the J. F. Baldwin Ship Channel Deepening and Marine Link Project until such time as financial support by the ship channel users can be provided for the project. C.121 APPROVE and AUTHORIZE the County Administrator, or designee, to negotiate a design contract for the new Juvenile Hall with the top two ranked firms in order of preference. 12 (04-20-1999) Other Actions - Continued C.122 IMPLEMENT the provisions of Government Code Section 31521 (as amended by AB1766 - Chapter 109, Statutes of 1998) in Contra Costa County, authorizing an increase in the number of meetings for which specified members of the Retirement Board may be compensated from three to five. C.123 DECLARE as surplus and AUTHORIZE the Purchasing Agent to dispose of specified equipment that is no longer needed for County activities. C.124 AMEND Resolution 90/210 establishing the parental reimbursement cost of care rate in Contra Costa County juvenile facilities to reflect new maximum daily rates for reasonable support for which parents or guardians are liable as of April 1, 1999. C.125 APPROVE plans and specifications for tenant improvements at the Los Medanos Health Center, 2311 Loveridge Road, Pittsburg; DIRECT the Clerk of the Board to advertise for bids to be received on May 27, 1999; and DETERMINE that the project is a CEQA Class la Categorical Exemption (CP No. 98-11). C.126 APPROVE the consolidation of Diablo Water District and the Contra Costa Water District elections with the statewide general elections, and take related actions. C.127 REFER to the Transportation, Water and Infrastructure Committee the Vision and Conceptual Design Report for the Bay Area Water Transit Initiative. C.128 APPROVE amendments to the Conflict of Interest Code for the Lamorinda School Bus Transportation Agency, the West Contra Costa Healthcare District, the Contra Costa Transportation Authority, the Kensington Fire Protection District and the Health Services Department, as recommended by County Counsel. C.129 APPROVE the acceptance of contract work performed by Randazzo Enterprises, Inc., for the demolition of the I-Ward and J-Ward buildings at the Contra Costa Regional Medical Center. C.130 APPROVE and AUTHORIZE the County Administrator, or designee, to negotiate a design contract for the new Ambulatory Care Facilities at the Contra Costa Regional Medical Center with the two highest ranked design firms. C.131 REFER to the Finance Committee the issue of examining the social costs of the homeless problem in Contra Costa County, as recommended by Supervisor Gioia. C.132 REFER to the Internal Operations Committee a request from the Bay Area Air Quality Management District that the County adopt a Wood Smoke Ordinance. C.133 ADOPT the recommendation of the Alamo Improvement Association (AIA) and SUPPORT the application to the State Department of Alcohol and Beverage Control (ABC) for an off- sale beer and wine license for The Pasta Shop, Inc., Alamo area. C.134 AUTHORIZE the Spanish Trail General Plan Amendment Study request to change the General Plan designation from "Single Family Residential-Medium Density" to "Congregate Care" for an approximately seven acre site in the El Sobrante area. C.135 APPROVE the First Consolidated General Plan Amendment for 1999. C.136 ADOPT a resolution requesting the Contra Costa County Flood Control and Water Conservation District to adopt a parcel assessment of$16.20 per equivalent runoff unit for the Clean Water Program in the unincorporated area of the County for fiscal year 1999-2000. C.137 ADOPT resolution authorizing the sale of seven multi-family mortgage revenue bonds to finance the development of the Heritage Park at Hilltop Senior Apartments, Richmond, and take related actions. (No General Funds) 13 (04-20-1999) Other Actions - Continued C.138 ACCEPT the report from the Family and Human Services Committee on the status of the Children and Families Policy Forum. C.139 ACCEPT the report from the Family and Human Services Committee on implementation of the CWS/CMS system in child welfare services. C.140 EXTEND the Cable Television License for Ponderosa Cable System, Ltd., through August 31, 2000. Housing Authority C.141 ADOPT Resolution No. 4065 approving the agency wide budget for the Housing Authority of the County of Contra Costa for the fiscal year ending March 31, 2000. Redevelopment Agency C.142 AUTHORIZE the Deputy Director-Redevelopment to execute a contract not to exceed $31,000 with Watt/Peterson, Inc., for printing of economic development marketing materials. Correspondence-None Consent Items of Board Members -None Information Items -None 14 (04-20-1999) SUMMARY OF THE PROCEEDINGS BEFORE THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY MEETING IN ALL ITS CAPACITIES PURSUANT TO ORDINANCE CODE SECTION 24-2.402 TUESDAY, April 20, 1999 CALLED TO ORDER and OPENING CEREMONIES CLOSED SESSION: There were no Closed Session announcements. CONSENT ITEMS: Approved as listed except as noted below: C.28 DELETED proclaiming the month of May 1999, as "Mental Health Month" in Contra Costa County. C.107 CORRECTED TO READ: AUTHORIZED the Executive Director, Private Industry Council (PIC), to execute a contract on behalf of EASTBAY Works Cooperative with the South Bay Private Industry Council at a payment limit of$50,000 to provide a Training Resource and Information Network for EASTBAY Works through February 29, 2000. C.139 CORRECTED TO READ: ACCEPTED the report from the Family and Human Services Committee on implementation of the Child Welfare Services/Child Management System (CWS/CMS); AUTHORIZED the Chair, Board of Supervisors, to execute a letter requesting state funding of the staff and hardware necessary to efficiently utilize the state mandated CWS/CMS system. PRESENTATION ITEMS: Approved as listed except as noted below: P.2 ADOPTED Resolution No. 99/172 proclaiming the week of April 17-23, 1999, as the "Week of the Young Child" in Contra Costa County. PA ADOPTED Resolution No. 99/166 proclaiming the month of April as "Alcohol Awareness Month" in Contra Costa County. SHORT DISCUSSION ITEMS: Approved as listed except as noted below: SD.2 AUTHORIZED the Chair, Board of Supervisors, to sign and send a letter to Assemblyman Tom Torlakson regarding efforts to improve congestion on State Route 4. SD.3 AUTHORIZED the Chair, Board of Supervisors, to sign a letter to the Governor supporting recent actions taken in his Executive Order to phase out methyl tertiary butyl ether (MTBE) in gasoline; AUTHORIZED the Chair, Board of Supervisors, to sign letters to local refiners indicating County support of the Governor's two-year phase-out, encouraging earlier removal of MTBE if possible; AGREED to support state and federal legislation related to MTBE: SB 989 Sher, S266 Feinstein, S267 Feinstein, S268 Feinstein and AUTHORIZED the Chair, Board of Supervisors to sign letters in support of them; and DIRECTED that the Hazardous Materials Commission be notified that their correspondence was received, and the Board was responding to their concerns. i (04-20-1999 - Sum) SDA CONTINUED to May 18, 1999, consideration of a proposed revision to an ordinance to implement Proposition 10 (cigarette tax); DIRECTED County Counsel to include revised language on Ordinance 98-46, Subsection 26-14.006 (a) (AYES: I, III and V; NOES: II and IV; ABSENT: NONE; ABSTAIN: NONE) DELIBERATION ITEMS: Approved as listed except as noted below: D.1 PUBLIC COMMENT: There was no Public Comment. D.2 ACCEPTED the status report from the County Administrator regarding the facility needs of the various county departments and time line to replace 651 Pine Street with a new government center; APPROVED the Family Law Center progress report; and DIRECTED staff to continue to report to the Board on the proposed projects. D.3 AUTHORIZED the General Plan Amendment study as requested by Ponderosa Homes and Shapell Industries of Northern California for an approximately 596 acre site in the Tassajara area; DIRECTED that the requests be consolidated with the Braddock and Logan General Plan study authorization as one General Plan Amendment study in the area; and DIRECTED that the Community Development Department staff bring the issues of future land use applications and Planning Commissions' hearings to the Board for their review. (AYES: I, II, IV and V; NOES: III; ABSENT: NONE; ABSTAIN: NONE) D.4 CONTINUED to May 4, 1999, consideration of the report and recommendations submitted by the In-Home Supportive Services (IHSS)Public Authority Implementations Team and the Director,Employment and Human Services Department(formerly Social Service) and authorizing the County Administrator and that Department to begin recruitment, hiring and location processes for the Public Authority staff. (AYES: I,III,IV and V;NOES:NONE; ABSENT:NONE; ABSTAIN: II) D.5 APPROVED referral to the Finance Committee the issues of reviewing County investment policies, specifically with regard to the County's institutional use policy; REQUESTED that the Finance Committee review current investment policies and determine whether the County should adopt a formal policy which provides that the County only utilize those financial institutions which are regarded as good neighbors and partners with the community; and REQUESTED the Finance Committee review and develop a plan of disinvestment from Wells Fargo, and include a plan of investment for these funds in financial institutions which pursue policies which are supportive of the community, and report these findings to the Board at a future date. D.7 CLOSED the public hearing; UPHELD the decision of the San Ramon Valley Regional Planning Commission on the request by the Diablo Property Owners Association(Applicant) for 67 selected trees on assorted parcels in the community of Diablo for heritage designation pursuant to the Heritage Tree Preservation Ordinance; and ADOPTED a Categorical Exempt determination(Class 8; actions taken by regulatory agencies for protection of the environment) for purposes of compliance with the California Environmental Quality Act. 2 (04-20-1999 - Sum) AMENDED 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, April 20, 1999, 9:00 A.M. AND THEREAFTER DURING THIS REGULAR April 20, 1999 MEETING A. EXISTING LITIGATION - CONFERENCE WITH LEGAL COUNSEL. (LITIGATION HAS BEEN FORMALLY INITIATED Gov. Code § 54956 9 (^A).)CASES: 1. County of Sonoma v. Commission on State Mandates. et al., Sonoma Sup. Ct. No. SCD221243. 2. Paulson v. Board of Retirement, C.C.C. Sup. Ct. No. C96-02939. Walden v. Board of Retirement, C.C.C. Sup. Ct. No. C97-03935. 3. Lucy's Sales. et al. v. Contra Costa County, et al., U.S.D.C. North Dist. No. C98-02955 SBA. B. CONFERENCE WITF} LEGAL COUNSEL -ANTICIPATED LITIGATION - SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO SUBDIVISION (B) OF SECTION 54956.9 POTENTIAL CASES: 1. § 54956.9 (b)(1) & (3)(A) - One. C. CONFERENCE WITH LABOR NEGOTIATORS 1 AgenGyNe,Negotiators: Leslie Knight, Kathy Ito and Keith Fleming. Employee Organizations: Contra Costa County Employees' Assoc., Local No. 1; AFSCME Locals 512 and 2700; Calif. Nurses Assoc. (CNA); Social Services Union SEiU Local #535; C.C.C. Appraiser's Assn.; District Attorneys Investigators Assoc.; Deputy Sheriffs Assn. (DSA); United Prof. Firefighters, Local 1230; Physicians' & Dentists' Organization of Contra Costa; Western Council of Engineers and SEW Health Care Workers Local No. 250. 2. Agency Negotiators: Phil Batchelor, Leslie Knight and Kathy Ito. Unrepresented Employees: All unrepresented agency management employees (Exh. A., Resol. No. 96/488), unrepresented nursing classification employees and all other unrepresented agency employees. RAGROUPS CLERCLSESWIS-N.000 AFFIDAVIT OF POSTING OF AGENDA OF THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA State of California } County of Contra Costa } I, Patricia Molloy , hereby declare that I am a citizen of the United States of America, over the age of 18 years; that acting for the Board of Supervisors of the County of Contra Costa I posted on April 15 , 1999 , at 651 Pine Street , Lobby, Nartinez, California, an agenda for the regular meeting of the Board of Supervisors of the County of Contra Costa to be held on _April 20, , 1999 , a copy of which is attached hereto. DATED: April 15, 1999 I declare under penalty of perjury that the foregoing is true and correct. Deputy Clerk