Loading...
HomeMy WebLinkAboutAGENDA - 10111983 - CCC TOM POWERS, RICHMOND CALENDAR FOR THE BOARD OF wFERVISORS ROBERT 1. SCHRODER 15T DISTRICT CHAIRMAN NCONTRA COSTA`COUNTY DAMES R.OLSSON,COUNTY CLERK. NANCY C. FAHDEN, MARTINEZ ANO EX OFFICIO CLERK OF THE BOARD 2ND DISTRICT AND FOR MRS.GERALDINE RUSSELL FIOBERT 1. SCHRODER. DANVILLE SPECIAL DISTRICTS, AGENCIES,AND CHIEF CLERK 7RD DISTRICT AUTHORITIES GOVERNED BY THE BOARD SUNNE WRIGHT McPEAK, CONCORD BOARD CHAMBERS.ROOM 107,ADMINISTRATION BUILDING PHONE (415)372 2371 4TI4 DISTRICT F.O. BOX 911 TOM TORLAKSON, VITTSBURG MARTINEZ,CALIFORNIA 94553 BTM DISTRICT TUESDAY October 11, 1983 9: 00 A.M. Call to order and opening ceremonies. Consider Consent Items: Consider Determination Items. Consider recommendations of Board Committees. Consider recommendations and requests of Board Members. 10: 30 A.M. Hearing on proposed vacation of a portion of Wayside Lane, Pleasant Hill area. (continued from October 4, 1983) Presentation by Public Works Director on the status of the County' s efforts to acquire the abandoned San Ramon Branch Line of the Southern Pacific Right-of Way 11: 00 A.M. Closed Session. 1: 30 P.M. Closed Session. 2: 30 P.M. Hearing on appeal of Peter J. Bonanno and others regarding LUP 2036-83, Martinez area. (Clerk of the Board has rescheduled this matter to October 25, 1983 at 2: 30 P.M. ) Hearing on appeal of L. E. Wisenberg, Jr. (applicant) from County Planning Commission decision denying Delta Coves project Final Development Plan 3024-82 and Tentative Subdivision Map 6013, Bethel Island area. (continued from October 11, 1983) 3: 00 P.M. Board will discuss campaign reform issue. (continued from October 4, 1983) Consider comments by membersof the public. The Board meets in all its capacities pursuant to Ordinance Code Section 24-2. 402. Persons who wish to address the Board should complete the form provided for that purpose and furnish a. copy of any written state- ment 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 HEARING will be heard when the Chairman calls for comments from those per- sons 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. There is no further comment permitted from the audience unless invited by the Chairman. Committee meetings are held in Room 105, the James P. Kenny Conference Room, County Administration Building, Martinez. The Internal Operations Committee (Supervisors N. C. Fanden and T. Powers) meets on the first and third Mondays of the month at 9: 30 A.M. The Finance Committee (Supervisors T. Torlakson and S. W. McPeak) meets on the second and fourth Mondays of the month at 9: 30 A.M. The Water Committee (Supervisors S. W. McPeak and T. Torlakson) meets on the first Monday of the month at 3: 00 P.M. The Transportation Committee (Supervisors R. Schroder and T. Powers) meets on the third Monday of the month at 1: 30 P.M. The Recycling Committee (Supervisors N. C. Fanden and T. Torlakson) meets on the third Wednesday of the month at 12: 30 P.M. in the Conference Room of the City of Martinez, 525 Henrietta Street. DEADLINE FOR AGENDA ITEMS: TUESDAY,_5: 00 P.M. 101183. 2 -2- (10/11/83 CONSENT ITEMS (Individual items subject to removal from Consent Calendar by request of any Supervisor , or on a request for discussion by a member of the public.) ROAD AND TRANSPORTATION 1. 1 Arthur Road Accept Grant Deed from Martinez Frontage County Flood Control Improvements and Water Conservation District Convey Grant Deed from County Flood Control and Water Conservation District to County 1. 2 Laurel Road Accept Offer of Dedication Oakley Previously Accepted for Recording Only LAND DEVELOPMENT APPROVE the following: Item Development Developer Area 1. 3 Subdivision SUB 5829 Tri-Smith Company Orinda Agreement Extension 1. 4 Subdivision SUB 4768 Tri-Smith Company Orinda Agreement Extension 1. 5 Subdivision SUB 5370 Sobrante Richmond Agreement Properties, Inc. Extension 1. 6 Parcel Map, MS 38-80 Carl H. and Byron Subdivision Melba L. Jackson Agreement & Deferred Improvement Agreement 1.7 Parcel Map MS 93-81 Gerald Eugene Alves West Pittsburg ACCEPT the following instrument (s) : Instrument Reference Grantor Area 1. 8 Consent to Offer MS 129-80 Getty Oil Company, Clayton of Dedication for a Delaware Corp. Roadway Purposes -3- (10/11/83) DECLARE that the improvements have satisfactorily met the one-year guarantee performance standards and authorize the Public Works Director to refund the cash deposited as security to guarantee performance for the following development (s) : Development Developer Area 1.9 SUB 5573 Kaufman & Broad West Pittsburg BUILDINGS AND GROUNDS - NONE SPECIAL DISTRICTS 1.10 Drainage Area 44B Approve Right of Way Walnut Line C-1 Contract and Authorize Creek Payment to Ann and Dewitt Scott PUBLIC WORKS - OTHER 1.11 Oakley-Bethel Approve Operation and Oakley Island Wastewater Maintenance Agreement Management Authority STATUTORY ACTIONS 1. 12 APPROVE minutes for the month of September, 1983. 1.13 DECLARE certain ordinances duly published. 1. 14 AUTHORIZE changes in the assessment roll as recommended by the County Assessor . 1.15 AUTHORIZE the Treasurer-Tax Collector to sell certain tax- deeded properties and to publicize notice of said sale as required. 1.16 APPROVE recommendation of County Auditor-Controller to rescind Board Resolution No. 83/1053 A, B, C, D and E relating to Parcel 560-340-006-9 in code area 8001. CLAIMS, COLLECTIONS & LITIGATION 1. 17 DENY claims of E. W. Smith Development Company & North Bay Development Company, Commonwealth Electric Company, J. Miller, L. M. Trim, State Farm Fire & Casualty (E.F. & S. Quintana) , L. Keeley, R. Miller, D. D. Myers and amended claims of G. Nauman and W. F. Wood ind. & dba Woods Trucking Company, as recommended by County Counsel. 1. 18 AUTHORIZE legal defense for persons who have so requested in- connection with United States District Court Civil Action . . #833914 RPA. -4- (10/11/83) APPOINTMENTS & RESIGNATIONS 1. 19 APPOINT, in lieu of election, Brent Gilbert and Edward Smith Trustees of Reclamation District No. 2059 pursuant to Section 50741 of the California Water Code. 1. 20 APPOINT, in lieu of election, David Dal Porto, Arthur A. Mirassou, and Jack L. Strickland .as Trustees of Reclamation District No. 799 pursuant to Section 50741 of the California Water Code. 1. 21 APPOINT, in lieu of election, Ben Young and Walt C. Rossi as Directors of the Kensington Fire District pursuant to Elections Code Section 23520. 1. 22 APPOINT Elaine Robinson, Joann Scherzer and Ruby Miller to the Election Board for the November 8, 1983 election of trustees for Reclamation District No. 800. APPROPRIATION ADJUSTMENTS - 1983-1984 FY 1. 23 Sheriff-Coroner : A. Appropriate $9, 300 from Reserves to provide 3 radios for East Contra Costa County Ambulance Service. B. Appropriate donation of $733 for crime prevention. C. Appropriate $15, 000 received from the County Housing Authority for special crime prevention efforts at various projects. D. Appropriate $850, 000 to be received from the Town of Danville for police services. 1. 24 Public Wo_rks_: Transfer $85,000 (Community Development Block Grant) from County Road budget to County Service Area M-17, Montalvin Manor for access road improvement and parking lot security lighting. 1. 25 Public Works: Add $29, 201 for equipment at the Delta Regional Communication Center . All costs are reimbursed by the State under the 911 implementation program. 1. 26 Cerative Extension Service: Add $1,971 from Prior Year Reserve for contingencies for office expenditures. 1. 27 Probation: Appropriate grant of $103,920 for the Adult Home Detention' Project. 1. 28 Internal Adjustments. Changes not affecting totals for following budget units: Public Works (Administration and Engineering, Garages, Construction) , Sheriff-Coroner (Detention) . LEGISLATION - None -5- 010/11/83) HEARING DATES - None HONORS & PROCLAMATIONS 1. 29 PROCLAIM October 16 through October 22, 1983, as "National Business Women' s Week" in Contra Costa County. ADOPTION OF ORDINANCES - None PERSONNEL ACTIONS 1. 30 Cancel one (1) Sergeant position and Classify (sixteen) 16 40/40 Deputy Sheriff positions and 1 40/40 Sheriff' s Dispatcher to adjust programs and personnel as approved in the 1983-84 FY budget; principal change is addition of personnel for contract with City of Danville. RECLASSIFY positions as follows: Department ^� From _ To 1. 31 Sheriff- Clerk- Account Coroner Experienced Level Clerk I 1. 32 Consolidated 2 Fire District 2 Senior Fire District Fire District Dispatcher Dispatcher CANCEL and add positions as follows: De artment Cancel Add 1. 33 County Clerk/ 1 40/40 1 40/40 Clerk-P.I. Clerk of the Secretary Experienced Level Board 1. 34 Probation 1 40/40 Clerk 1 32/40 Clerk- Department Senior Level Senior Level -6- (10/11/831 GRANTS & CONTRACTS APPROVE and authorize execution of agreements between the County and following agencies: Amount Agency _M Purpose To Be Recd Period 1. 35 Governor' s Employee Energy $29,140 10-17-83 Office of Savings Program through Planning and 8-31-84 Research 1. 36 State Office Energy Crisis $116, 429 10-1-83 of Economic Intervention to Opportunity Program (ECIP) 9-30-84 Amount To Be Paid 1. 37 United Council Reallocation of $19, 600 10-1-83 of Spanish CDBG funds to to Speaking provide rural 4-30-84 Organizations housing technical assistance 1. 38 Thomas Reid EIR for Canyon $35, 000 N/A Associates Lakes Development San Ramon area 1. 39 Harn & Rowe Audit Nutrition $4, 000 10-11-83 Certified Public Project for the to Accountants Elderly 12-31-83 1. 40 Harn & Rowe Audit Area $2,650 10-11-83 Certified Public Agency on Aging to Accountants 12-31-83 1. 41 Rape Crisis Rape Crisis $39, 462 10-1-83 Center of Services through West Contra 6-30-84 Costa Rape Crisis Rape Crisis $46, 673 10-1-83 Service of Services through Central Contra 6-30-84 Costa East County Rape Crisis $40,950 10-1-83 Rape Crisis Services through Unit 6-30-84 1. 42 Gilbert & Recoup medical $25% of no Wally care costs under amount change worker ' s recovered compensation laws (expands scope of contractor' s service) "7— C10/11/8.3). GRANTS & CONTRACTS - continued 1. 43 Health Model Standards. $12, 500 extended Officers Implementation (no change) through Association 12-31-83 of California 1. 44 Catholic Refugee health $82, 423 extended Charities- services (increase through Diocese of of $16, 250) 12-31-83 Oakland 1. 45 Home Federal Provide meeting No cost 11-18-83 Savings and space Loan Association 1. 46 Arthur Anderson Financial Analysis Not to 10-1-83 and Company relating to new exceed to County Hospital $70, 000 1-31-83 OTHER ACTIONS --------- -- 1. 47 ALLOCATE Park Dedication Fee revenue in the amount of $4,893 to County Service Area R-9 for remodeling of Kennedy Grove Senior Center, as recommended by the Park and Recreation Facilities Advisory Committee and the Director of Planning. 1. 48 AUTHORIZE a General Plan review of a one acre parcel in the Vine Hill area, as requested by Robert J. Costa & Associates and recommended by the Director of Planning. 1. 49 FIX the rates charged other counties for residential care of their juveniles at the Girls' Treatment Center and Juvenile Hall, effective July 1, 1983, and authorize the County Probation Officer to execute agreements on behalf of the County, requiring other counties to pay these rates. 1. 50 ADOPT resolution involving matters before the Superior Court subject to Section 1141. 11 (f) of Code of Civil Procedure that civil matters in which the controversy does not exceed the amount of twenty-five thousand dollars ($25,000) shall be sub- mitted to arbitration. 1. 51 Pursuant to Ordinance Code Section 522-2. 206, adopt resolution authorizing the County Sealer (Director) of Weights and Measures to promulgate a regulation establishing rules for declaring when certain Weights and Measures Device Registration Fees are delinquent and authorizing the Sealer (Director) and his duly authorized deputies to sue in Small Claims Court on behalf of the County for recovery of such delinquent fees (plus lawful penalties and costs) whenever he deems it appropriate. 1. 52 AUTHORIZE County Auditor-Controller to compensate San Damiano Retreat, Danville, in an amount not to exceed $913 for use of their facilities in connection with the Management Development Seminar for County Department Heads on October 26-27, 1983. -8- (10/11/83) VI OTHER ITEMS - continued 1. 53 AUTHORIZE relief of shortage in account for the Delta Judicial District in the amount of $60. 00 pursuant to Government Code Section 29390, as recommended by the County Auditor-Controller and District Attorney. 1. 54 ACKNOWLEDGE receipt of report from the County Administrator that fencing donated for the Clayton Rehabilitation Center will be installed beginning the week of October 3, 1983. 1. 55 AUTHORIZE the Chairman to execute a renewal lease with the Carquinez Coalition, Inc. for their continued use of the premises at 189-199 Parker Avenue, Rodeo. 1. 56 AUTHORIZE payment by County Auditor-Controller of pro-rata attorney fees for Supplemental Security Income recoveries for General Assistance clients as recommended by the County Welfare Director . 1. 57 AUTHORIZE extension of evaluation period for use of W & I Code Section 5150 authority by staff of "Lions Gate" (former children' s shelter) through December 30, 1983 as requested by Chief of Maternal, Children & Adolescent Health Services. 1. 58 AFFIRM Board' s intention to provide .the County' s share of the costs of the following projects if Federal Aid Urban System Funds become available: ESTIMATED COUNTY CITY PROJECT TOTAL COST SHARE SHARE AREA Appian Way - $1, 220, 000 $205,600 $36, 200* E1 Sobrante Sobrante Avenue to Michael Drive - E1 Sobrante Appian Way - $748, 000 $148, 000 -0- E1 Sobrante San Pablo Avenue to Sobrante Avenue- El Sobrante North Richmond $2, 500,000 $150,000 $325,000** Richmond * City of Pinole ** City of Richmond HOUSING AUTHORITY - None -9 C10/11/83) DETERMINATION ITEMS - continued 2. 10 PETITION from neighbors of property located at 131 Lawson Road, Kensington, requesting the Board reconsider its September 27, 1983 decision exempting a fourth story "penthouse" from building height limitations. CONSIDER WHETHER RECONSIDERTION WILL BE GRANTED 2. 11 MEMORANDUM from County Administrator, in response to Board referral, furnishing background information on establishment of a Youth Conservation Corps and recommending that establishment of a Youth Conservation Corps in Contra Costa County be referred to the Private Industry Council Department for thorough review and further report on implementation. CONSIDER APPROVAL OF RECOMMENDATION 2. 12 REPORT from Building Inspection and County Counsel with respect to the request of Ralph Severson, et al, for waiver of a grading permit fee required in connection with repair of landslide on Stein Way, Orinda. CONSIDER ACTION TO BE TAKEN 2. 13 RECOMMENDATIONS of County Administrator and Public Works Director on Extra Items and Award of contracts (as required) . INFORMA_T_ION ITEMS (Copies of communications listed as information items have been furnished to all interested parties. ) 3. 1 LETTER from Chairperson, EOC Area Council Chairpersons & EOC Target Area Representatives Committee, inviting the Board to attend a follow up workshop to the one held on July 9, 1983 which dealt with "Ways of Working Together" to be held on Saturday, November 5, 1983 from 9: 00 A.M. through 2: 30 P.M. at the George Gordon Center . 3. 2 NOTICE of Application No. 83-01-47 filed before the PUC of the State of California in the matter of MCI Airsignal of California, Inc. with respect to a Certificate of Public Convenience and Necessity to expand its facilities to provide radiotelephone utility service .in the greater San Francisco Bay Area and the area south to Monterey Bay, and advising that com- munications with respect to this application should be directed to the attorneys for the applicant. 3. 3 LETTER. from Interim Director, State Office of Planning and Research, transmitting a document entitled "State of California Procedures for Intergovernmental Review of Federal Financial Assistance and Direct Development Activities" effective October 1, 1983. 3. 4 LETTER from Manager, Rate and Valuation Department, Southern California Water Company, advising that they have filed with the PUC of the State of California Application No. 83-09-39 to increase water rates in its Bay District. -11- (10/11/83) DETERMINATION ITEMS (Staff recommendation shown following the item. ) 2. 1 REPORT from County Administrator , in response to Board referral of April 26, 1983, transmitting letter from State Department of Health Services indicating that both federal and state laws prohibit contributions, voluntary or otherwise, toward the cost of nursing home services covered by Medi-Cal and indicating that the Department would oppose any efforts to repeal existing language at either the federal or state level. ACKNOWLEDGE RECEIPT 2. 2 REPORT from Director of Planning on street addressing project for East County area recommending that the matter of funding such a project be referred to the Finance Committee. APPROVE RECOMMENDATION 2. 3 LETTER from Capt. J. Paul Gutleben requesting the Board authorize placement of speed control bouys and signs on Golden Isle Island at the confluence of Victoria Channel and .Old River for boating safety. REFER TO SHERIFF-CORONER 2. 4 LETTER from Chief, Accounting and Systems Bureau, State Department of Social Services, advising that recently enacted legislation (SB 245) increased advance payments of up to 90% of funds for the Emergency Food and Shelter Program and are available if the County wishes. REFER TO DIRECTOR OF COMMUNITY SERVICES 2. 5 LETTER from C. S. Rush, County Assessor , with respect to supple- mental budget request of $859, 874. REFER TO COUNTY ADMINISTRATOR 2. 6 LETTER from Mayor , City of San Pablo, expressing his concerns with respect to the draft resolution to establish the Contra Costa Transportation Advisory Committee, withdrawing his support at this time and requesting that no action be taken pending further review by the cities. REFER TO PUBLIC WORKS DIRECTOR 2. 7 LETTER from Regional Administrator, North Coast Regional Office, Hazardous Waste Management Branch, State Department of Health Services, advising that a public hearing will be held on October 25, 1983, to discuss the draft permits for Great Western Chemical Company in Richmond to store and/or treat hazardous wastes in tanks and containers; and further advising that written comments must be received before November 17, 1983, for consideration. REFER TO HEALTH SERVICES DIRECTOR 2. 8 LETTER from Executive Vice President, Contra Costa Taxpayers Association, recommending that the Board adopt Alternative #4 from the County Administrator' s July 18, 1983 memo to the Board with respect to the future of the County Hospital. REFER TO COUNTY ADMINISTRATOR TO CONSIDER IN CONJUNCTION WITH ONGOING REVIEW OF ALTERNATIVE GOVERNANCE MECHANISMS. 2.9 LETTER from President, Contra Costa Airports Business Association, Buchanan Field Airport, requesting the Board recon- sider its decision of September 27, 1983, with respect to proposal for fueling facility and corporate hangar leases with Buchanan Corporate Properties. CONSIDER WHETHER RECONSIDERATION WILL BE GRANTED -10- C10/11/83) SUMMARY OF PROCEEDINGS BEFORE THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY MEETING IN ALL ITS CAPACITIES PURSUANT TO ORDINANCE CODE SECTION 24-2. 402 TUESDAY, October 11, 1983 CONSENT ITEMS: Approved as listed. (Supervisors McPeak and Torlakson absent on all items except 1. 23 through 1. 28)' DETERMINATION ITEMS: Approved as listed except as noted below: 2.1 ACKNOWLEDGED receipt of report from County Administrator transmitting letter from State Department of Health Services indicating that both federal and state laws prohibit contributions toward the cost of nursing home services covered by Medi-Cal and indicating that the Department .would oppose any efforts to repeal existing language at either the federal or state level. REFERRED use of tax credits for in-home care to Advisory Council on Aging through the Area Agency on Aging. 2. 9 DENIED for lack of new evidence request of Contra Costa Airports Business Association that the Board reconsider its decision of September 27, 1983 with respect to pro- posal for fueling facility and corporate hangar leases with Buchanan Corporate Properties. 2.10 DETERMINED, because of possible litigation, to meet with legal counsel in closed session to discuss petition from neighbors of property located at 131 Lawson Road, Kensington with respect to penthouse building height limitation. ACKNOWLEGED receipt of October 10, 1983 report from County Counsel and Director of Planning recommending that the Board consider amending the Ordinance Code to delete penthouse exemption from Sec. 82-2. 008. 2.11 REFERRED to Internal Operations Committee, as well as the Private Industry Council Department, proposed establishment of a Youth Conservation Corps in Contra Costa County. 2.12 APPROVED recommendation of the -Director of Building Inspection that grading permit fees for large slide damage repair jobs be adjustable, and ADOPTED resolution estab- lishing fees therefor . 3. 4 REFERRED to Water Committee letter from Manager , Rate and Valuation Department, Southern California Water Company, advising that they have filed with the PUC of the State of California Application No. 83-09-39 to increase water rates in its Bay District. COMMITTEE REPORTS: i C.1 APPROVED recommendation of the Finance Committee relating to establishing the Oakley Municipal Advisory Council. C. 2 APPROVED recommendation of the Water Committee authorizing a letter to the State Department of Fish and Game requesting that the draining of Tulare Lake be stopped until the cause of the failure of the fish screens is determined and that no water treated with chemicals be pumped out of the Kings River until health officials state that the chemicals will not pose a danger to water users. TIMED ITEMS: 10:30 T.1 VACATED portion of Wayside Lane, Pleasant Hill area. 10:30 T.2 ADOPTED certain principles governing the interim use and acquisition of the abandoned San Ramon Branch of the Southern Pacific Railroad Right-of-Way, and AUTHORIZED the Chairman to request the cities of Concord, Pleasant Hill , Walnut Creek, Danville and San Ramon to adopt same. 2:30 T.3 CONCURRED with the Clerk's rescheduling to October 25, 1983 at 2:30 p.m. hearing on appeal of Peter J. Bonanno and others regarding LUP 2036-83, Martinez area. 2:30 T.4 CONTINUED to October 18, 1983 at 2:30 hearing on appeal of L. E. Wisenberg, Jr. (applicant) from. County Planning Commission decision denying Delta Coves project Final Development Plan 3024-82 and Tentative Subdivision Map 6013, Bethel Island area; and DIRECTED applicant and his attorney to submit a letter waiving time limit provisions of AB 884 (Chapter 4.5, Government Code Section 65920 ff) . 3:00 T.5 ADOPTED Code of Fair Campaign Practices (Ethics Pledge) applicable to all County offices and agreed. to certain modifications to the draft on "Campaign Reform" and REFERRED certain other issues to staff for review. EXTRA ITEMS BY BOARD MEMBERS AND STAFF: X. 1 (Administrator) CANCELLED one Supervising Program Analyst Position and added one Senior Program Analyst-EDP position for the County Auditor- Controller. P-300 #13132 X.2 (Torlakson) REFERRED to the County Sheriff-Coroner for recommendation request of John W. Schireck to transfer Outpost cardroom license to another location in Contra Costa County. X.3 (Torlakson) REFERRED to Finance Committee`and:. Director of Planning letter from Keith Hayden, Delta Regional Communication Center, seeking assistance in expediting initiation and completion of conversion of all rural route and box numbered properties within the unincorporated areas under D.R.C.C. 's operational responsibility. (Ref. Determin. 2.2) X..4 .(Torlakson) COMMENDED Diablo Valley Track and Field Club for sponsoring the October 16, 1983 "Concord Classic" foot race. -2- 10-11-83