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CONTRA COSTA COUNTY BOARD OF SUPERVISORS
Supervisors J. Gioia, G. B. Uilkema, D. Gerber, M.
DeSaulnier, and F. D. Glover
of the Board, John Sweeten (925 335-1900)
G E N D A
TUESDAY May 8, 2001
9:00 A.M. Call to order and opening ceremonies.
Inspirational Thought - "Growing
is the reward of learning." Unknown
CONSIDER CONSENT ITEMS- Items removed
from this section will be considered with the Short Discussion Items.
Approved as listed.
HOUSING AUTHORITY CONSENT ITEMS:
HA.1 APPROVE and AUTHORIZE the
Executive Director of the Housing Authority of the County of
Costa to execute a contract with Rubicon Programs, Inc., in an amount not to
provide life skills/job readiness employment placement and case management for
residents at three Housing Authority developments for the period May 1, 2001
(No County Funds Required)
HA.2 APPROVE and AUTHORIZE the
Executive Director of the Housing Authority of the County of
Costa to execute a lease extension and other necessary documents with Douglas A.
Enterprises, Inc., for 2219 Buchanan Road, Suites 5 & 6, Antioch, California
for administrative office
the Section 8 Program, for a four year period. (No County Funds Required)
HA.3 APPROVE and AUTHORIZE the
Executive Director of the Housing Authority of the County of Contra
toexecute a contract with Project Second Chance (Contra Costa County Library's
in an amount not to exceed $34,740, to provide adult literacy training for 36
living in Housing Authority developments, for one year with two one-year renewal
depending upon HUD funding. (No County Funds Required)
Approved as listed.
P.1 PRESENTATION declaring the
week of May 7 - 13, 2001 as "Arson Awareness Week" in Contra
County. (Supervisor Gerber)
APPROVED Resolution No. 2001/188 declaring
the week of May 7- 13, 2001 as "Arson Awareness Week" in Contra Costa
SHORT DISCUSSION ITEMS - The Board
will consider and take action on the following items:
SD.1 CONSIDER any Consent Items
SD.2 HEARING to consider adoption
of Resolution 2001/186 to accept Drainage Area 52C Plan
No. 2 and a new drainage fee ordinance (Ordinance No. 2001-09), Brentwood area.
Shiu, Public Works Director)
CLOSED the public hearing; ADOPTED
Resolution No. 2001/186 to accept Drainage Area 52C Plan Amendment No. 2 and new
drainage fee Ordinance No. 2001-09, Brentwood area.
SD.3 HEARING on the proposed
ordinance adjusting the Criminal Justice Administrative (Booking) Fee.
Enea, County Administrator's Office)
CLOSED the public hearing on increasing
the criminal justice administrative b(booking) fee; ADOPTED findings APPROVING
the fee increase; INTRODUCED Ordinance 2000-10, amending Ordinance 98-23, WAIVED
reading, and FIXED May 15, 2001 for adoption of same; DIRECTED that the County
Administrator's staff explore with the cities, the possibility of remote
bookings and report back to the Board.
SD.4 HEARING to consider the
report by the County Abatement Officer on the itemized costs for abatement
public nuisance at 209 Silver Avenue, Richmond, C.W. Warren (Owner), and to
assessment of costs against said property. (C.C.C. Ordinance Code Section
Broderick, Building Inspection Department)
CLOSED the public hearing; HEARD and
CONSIDERED the itemized report regarding the abatement of property at 209 Silver
Avenue, Richmond, and any objections by C.W. Warren (owner) having legal
interest in the property; ADDED the costs of the abatement confirmation hearing
thereto; CONFIRMED the report; and DIRECTED the Clerk of the Board to file the
report. (AYES: I, IV,V and II; NOES: None; ABSENT: III; ABSTAIN:
SD.5 HEARING to consider adoption
of Resolution 2001/185 to consummate purchase and accept Grant
Northern California Council for the Community, Inc., for the purchase of real
S. 57th Street, Richmond, for $661,320.77 plus $143.96/day after February
1, 2001, for
use by Community Services Department for HeadStart and Child Development
(CP01-06)(Tony Colón, Community Services Director)
SD.6 HEARING to consider adoption
of Resolution 2001/182 amending the itemized professional and
rates for Contra Costa County Health Services effective June 1, 2001, as
Health Services Director, and RESTATE unchanged rates for County Health Services
by Board Resolution 2001/59, dated February 13, 2001. (William Walker, M.D.,
CLOSED the public hearing;
ADOPTED Resolution No. 2001/182 amending the Itemized Professional and Services
Rates for Contra Costa County Health Services effective June 1, 2001; DIRECTED
that the Health Services Department report to the Board on the number of
Unannounced Inspections by the Hazardous Materials Program. (AYES: I, III, V and
II; NOES: None; ABSENT: IV; ABSTAIN: None)
SD.7 HEARING on proposed Police
Service Special Taxes for County Service Area P-6, adoption of
Resolution 2001/149 authorizing election thereof and formation of Zone 1804,
and adoption of Ordinance 2001-08 establishing a fee for the Police Service
Alamo area. (Dennis Barry, Community Development Director)
CLOSED the public hearing; ADOPTED
Resolution No. 2001/149 authorizing an election for Zone 1804 in County Service
Area P-6; ADOPTED the Ordinance 2001-08 establishing a fee for Police Service
District for SD008396; DIRECTED the County Clerk to conduct the election
required by Government Code Section 5397 by mail ballot, and held on the
earliest possible date permitted by law.
SD.8 CONSIDER requesting
CalARP facilities to provide the County with their plans for safety operating
safety shutting down their facilities in the event of a power failure.
(Supervisor Gioia) ACKNOWLEGED that spontaneous power
disruptions to industrial facilities have the potential to increase the risk of
a chemical release due to the unplanned shutdown or restart of equipment;
DIRECTED that the Health Services Department request all industrial facilities
subject to the California Accidental Release Prevention Program (CalARP) to
prepare and present to the County within 30 days, a written plan detailing how
they would continue to safely operate or safely shutdown operations during an
unplanned power disruption ("Power Disruption Plan"); AUTHORIZED the Health
Services Department to perform an unannounced inspection to audit an industrial
facility which fails to submit a Power Disruption Plan within 30 days of being
requested to do so; DIRECTED that the Health Services Department prepare a
report to the Board within 45 days listing each CalARP industrial facility and
whether the facility has a Power Disruption Plan; DIRECTED the Health Services
Department to work with the unprepared industrial facilities to assist in their
planning to put a Power Disruption Plan in place; REQUESTED that the Health
Services Department and County Counsel explore the County's authority under
CalARP to enforce provisions to require a Power Disruption Plan; DIRECTED that
consideration be given to modifying the Itemized Professional and Services Rates
for Health Services for facilities that refuse to submit a Power Disruption
Plan; DIRECTED that the Health Services Department work with the Bay Area Air
Quality Management District on this issue; and REQUESTED that County Counsel,
the Health Services Director and the Hazardous Materials Program staff advise
what standard of adequacy must be met by such Power Disruption
DELIBERATION ITEMS - The Board will
consider and take action on the following items:
D.1 CONTINUED HEARING on the
appeal by Peter and Ines Rauch; Victoria Galland; Renee Benoit and
David Girard; Ivanna
Dietrich; and Lisa Goldberg and Ken Ribet (Appellants), from the decision of the
Commission acting as the Board of Appeals, on the request by Christine Chang
(Applicant and Owner)
for a Development Plan Application and Variances for a 3,049 square foot
residence on a substandard sized lot for purposes of determining neighborhood
variances to allow a zero-foot front setback (minimum 20-feet required);
a zero-foot side
setback (minimum 5-feet required); and a 4' 6" side setback (minimum 5 feet
required). The Board
of Supervisors may also consider requiring the expansion of the garage, which
would require a
variance to the front yard setback (0 feet to be considered; 20 feet required)
(#DP00-3019, and File #VR00-1039)(Catherine Kutsuris, Community Development
(Continued from April 10, 2001)
WAIVED by a ¾ vote the public notice, and
allowed the Board of Supervisors to consider new information regarding the
mediation agreement presented this day on the appeal by Peter and Ines Rauch, et
al (Appellants) of the County Planning Commission's approval of a
development plan and variance application of Christine Chang (Applicant and
Owner) (County File # DP00-3019, and File # VR00-1039) for a single family
residence on a substandard lot, Kensington area; CONSIDERED the resolution of
the County Planning Commission; FOUND the Categorical Exemption adequate for the
purposes of considering the project; APPROVED the appeal and the project with
the modified conditions as amended; ADOPTED the findings of the County Planning
Commission with the modifications that are based on the revised conditions
approved this date.
D.2 CONTINUED HEARING on the
appeal by Eric Sterzl (Appellant) from the decision of the East
Planning Commission acting as the Board of Appeals, on the request by Kristine
(Applicant and Owner) to grant a variance to legalize two existing barns with a
setback of 3 feet for the 185 square foot barn and 6 feet for the 1,152 square
foot barn (where a 20 foot
for agricultural accessory buildings is required), on a substandard sized lot,
(County File #VR00-1049)(Catherine Kutsuris, Community Development
(Continued from April 10, 2001)
CLOSED the public hearing; UPHELD the
appeal of Eric Sterzl (Appellant), on the request by Kristine Franzke (Applicant
and Owner) to grant a variance for two existing barns on a substandard lot,
Brentwood area, (County File #VR00-1049); ACCEPTED the recommendation of the
East County Regional Planning Commission; ACCEPTED the determination that the
project is exempt from CEQA; APPROVED the project with a modification to remove
the 185 square foot barn, and to submit to the Zoning Administrator evidence
resolving the drainage issue; ADOPTED the findings and Conditions of Approval as
amended; and DIRECTED staff to file the Notice of Exemption with the County
D.3 HEARING on the
recommended 2001/2002 Community Development Block Grant Program and HOME
Partnerships Act Program funding allocations from the Family and Human Services,
Affordable Housing Finance Committees. (Belinda Smith, Community Development
CLOSED the public hearing; ADOPTED the FY
2001/2002 Action Plan; APPROVED the recommendations of the
Affordable Housing Finance Committee on the use of FY 2001/2002 HOME
Investment Partnership Act (HOME) and Community Development Block Grant (CDBG)
Affordable Housing Funds, as modified to shift $48,000 to the Economic
Development category; APPROVED Finance Committee recommendations on the Economic
Development Category of the FY 2001/2002 CDBG, with the addition of the transfer
of funds from the Affordable Housing category; APPROVED the Finance Committee
recommendation on the Open category of the FY 2001/2002 CBDG; APPROVED the
Finance Committee recommendation on the Infrastructure/Public Facility category
of the FY 2001/2002 CDBG; and APPROVED the recommendations of the Family and
Human Services Committee on the Public Service category, with additional funding
conditions for specified projects, of the FY 2001/2002 CDBG.
Adjourn to 202 Glacier Avenue , Gate 1, Martinez, for the
groundbreaking of the new Juvenile Hall.
D.4 PUBLIC COMMENT. (3
The following people addressed
issues affecting the Latino population in the County.
Mary Rocha, Contra Costa Latino Leadership Council, 3022 Rio Grande
Antioch; Maria Alegria,
Contra Costa Latino Leadership Council, 3781 Brazil, Pinole;
Mary Rosas, 171 Sandpiper Drive, Pittsburg; John Marquez,
5061 Buckboard Way, Richmond.
ADJ 1 ADJOURNED today's Board meeting in
honor of the memory of Gilbert and Danielle Gomez. Mr. and Mrs. Gomez were
killed and their children injured in an auto accident, as the result of a drunk
driver on Highway 4. Mrs. Gomez had been active in educating East County
youngsters about the hazards of driving while under the
Closed Session There were no Closed Session
(Items are subject to removal from Consent Calendar by
request of any Supervisor or on request for discussion by a member of the
Honors & Proclamations
C.1 ADOPT Resolution 2001/183 honoring Bob Reynolds as the
2001 Moraga Citizen of the Year, as recommended by Supervisor Uilkema.
C.2 ADOPT Resolution 2001/187 proclaiming May 12, 2001 as
"Letter Carrier Day" in Contra Costa County, as recommended by Supervisor
Appointments & Resignations
C.3 ADOPT Resolution 2001/180 appointing John Gioia as the
Board of Supervisors representative and Gayle B. Uilkema as the Board's
alternate representative to the Community Advisory Committee of the Bay Area
Water Transit Authority, as recommended by Supervisor Uilkema.
C.4 ACCEPT resignation of Alan B. Smith from the Family and
Children's Trust Committee, DECLARE a District Representative seat vacant, and
DIRECT the Clerk of the Board to apply the Board's policy for filling the
vacancy, as recommended by Supervisor DeSaulnier.
C.5 ADOPT the Memorandum of Understanding between the
Contra Costa County Fire Protection District and United Professional Fire
Fighters I.A.F.F. Local 1230, implementing negotiated wage agreements and other
economic terms and conditions of employment beginning March 16, 2000 through
March 31, 2002. In the opinion of the County Administrator, salary and
benefit increases resulting from this action will have no material
financial impact on the funding status of the County Employees' Retirement
Grants & Contracts APROVE and AUTHORIZE execution of
agreements between the County and the following agencies for receipt of
funds and/or services:
C.6 APPROVE and AUTHORIZE the Health Services Director, or
designee, to submit a grant application to the Center for Substance Abuse
Treatment (Federal-CSAT) in the amount of $275,000 for a three-year period to
expand and intensify the Partners in Recovery Alliance Program Track II
Grant.(No County Match Required)
C.7 DETERMINE there is a need to continue with the
emergency action originally taken by the Board on October 26, 1999 on the
Emergency Upgrade of County Telecommunications Infrastructure.
C.8 DETERMINE there is a need to continue with the
emergency action originally taken by the Board of Supervisors on December 14,
1999 based on the increasing/epidemic number of AIDS/HIV and Hepatitis C cases
among injection drug users in Contra Costa County.
C.9 DETERMINE there is a need to continue with the
emergency action originally taken by the Board of Supervisors on November 16,
1999 regarding the issue of homelessness in Contra Costa County.
C.10 DETERMINE there is a need to continue the action taken
by the Board on October 3, 2000 pursuant to Public Contract Code Sections 20134
and 22050 to replace the heating, ventilation and air conditioning system at the
Richmond Health Center, 100 38th Street, Richmond for Health Services
C.11 AUTHORIZE the Deputy Director-Redevelopment, or
designee, to carry forward unexpended Community Development Block Grant funds
for allocation by the Board to projects recommended in the proposed 2001/2002
C.12 ACCEPT Grand Jury Report No. 0101, "Mt. Diablo Health
Care District," and REFER to the County Administrator.
C.13 ACCEPT the report from the Employees' Retirement
Association, as recommended by the Retirement Administrator.
C.14 ADOPT position supporting SB 232 (Sher) establishing
an Environmental Insurance Program to promote land recycling and AUTHORIZE the
Deputy Director-Redevelopment to communicate the Board's support to the County's
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:
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 F.D.
Glover) - meets on the second and fourth Mondays of the month at 9:00 A.M. in
Conference Room A, 2425 Bisso Lane, Concord.
Committee (Supervisors F.D. Glover and D. Gerber) - meets on the first
and third Mondays of the month at 9:00 A.M. in Room 108, County Administration
Building, 651 Pine Street Street, Martinez.
Operations Committee(Supervisors J. Gioia and M. DeSaulnier) - meets on
the first and third Mondays of the month at 10:00 A.M. in Room 105, County
Administration Building, 651 Pine Street Street, Martinez.
Water & Infrastructure Committee (Supervisors D. Gerber and J.
Gioia) - meets on the second Monday of the month at 10:00 A.M. in Room 105,
County Administration Building, 651 Pine Street Street, Martinez.
Family and Human Services
Transportation, Water and
PERSONS WHO WISH TO ADDRESS
THE BOARD MAY BE LIMITED TO THREE (3)
AGENDA DEADLINE: Thursday, 12 noon,
12 days before the Tuesday Board meetings.
Supplemental Calendar of Closed Session
Items For The Board of
Supervisors of Contra Costa County And for Special Districts, Agencies and Authorities
Governed by the Board
Tuesday, May 8, 2001, 9:00 a.m. and
Board Chambers Room 107 and Room 105
651 Pine Street, Martinez,
A. CONFERENCE WITH LABOR NEGOTIATORS
Negotiators: Leslie Knight, Kathy Ito, and Keith Fleming.
Employee Organizations: Contra Costa County Employees’ Assn., Local No.
1; Am. Fed., State,
County, & Mun. Empl., Locals 512 and 2700; Calif. Nurses Assn.;
Service Empl. Int’l Union, Local
535; C.C.C. Appraiser’s Assn.;
District Attorney’s Investigators Assn.; Deputy Sheriffs Assn.; United
Prof. Firefighters, Local
1230; Physicians’ & Dentists’ Org. of Contra Costa; Western Council of
Engineers; United Chief
Officers Assn.; Service Empl. Int’l Union Health Care Workers, Local
No. 250, and
Oakley-Knightsen Firefighters’ Assn.
2. Agency Negotiators:
Leslie Knight, Kathy Ito, and John Sweeten.
Unrepresented Employees: All unrepresented agency management employees
(Resolution No. 2000/372
including its Exhibits), unrepresented nursing classification employees, and all
other unrepresented agency
B. CONFERENCE WITH LEGAL
COUNSEL--EXISTING LITIGATION (Gov. Code, §54956.9(a)):
1. John Rock v. Contra Costa County, W.C.A.B. No.
2. Lucy's Sales, et al. v. Contra
Costa County, et al., U.S. District Court No. C98-02955
CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
litigation pursuant to Gov. Code, '54956.9(c): One potential