CALENDAR FOR THE BOARD OF SUPERVISORS

CONTRA COSTA COUNTY

AND FOR SPECIAL DISTRICTS, AGENCIES, AND AUTHORITIES GOVERNED BY THE BOARD

BOARD CHAMBERS ROOM 107, ADMINISTRATION BUILDING , 651 PINE STREET

MARTINEZ , CALIFORNIA 94553-1229

FEDERAL D. GLOVER, CHAIR, 5 th DISTRICT

JOHN GIOIA, 1 st DISTRICT

GAYLE B. UILKEMA, 2 nd DISTRICT

MARY N. PIEPHO, 3 rd DISTRICT

SUSAN A. BONILLA, 4 th DISTRICT

JOHN CULLEN, CLERK OF THE BOARD AND COUNTY ADMINISTRATOR , (925) 335-1900

The Board of Supervisors respects your time, and every attempt is made to accurately estimate when an item may be heard by the Board. All times specified for items on the Board of Supervisors agenda are approximate. Items may be heard later than indicated depending on the business of the day. Your patience is appreciated.

TUESDAY

January 22, 2008

9:30 A.M. Convene and announce adjournment to Closed Session, Room 101.

Begin video 0

10:30 A.M. Call to order 1 and opening ceremonies.

Inspirational Thought - The library is the temple of learning, and learning has liberated more people than all the wars in history. ~Carl T. Rowan

CONSIDER CONSENT ITEMS 2 (Items listed as C.1 through C.69 on the following agenda) " Items are subject to removal from Consent Calendar by request of any Supervisor or on request for discussion by a member of the public. Items removed from this section will be considered with the Short Discussion Items.

C.9 3 ADOPT Resolution No. 2008/37 proclaiming January 31, 2008 as National Earned Income Tax Credit (EITC) Awareness Day and the Earn It! Keep It! Save It! Campaign Kick-Off in Contra Costa County, as recommended by the Employment and Human Services Director. (All Districts)

C.10 4 ADOPT Resolution No. 2008/54 recognizing Scott Hein of Save Mt. Diablo for his photography of Mt. Diablo and for raising awareness for land programs, as recommended by Supervisor Bonilla. (District IV)

C.22 5 APPOINT Battalion Chief Hugh Henderson, East Contra Costa Fire Protection District, as the Acting Fire Chief, East Contra Costa Fire Protection District, effective February 1, 2008, as recommended by the County Administrator . (Budgeted) (Districts III and V)

PRESENTATIONS

PR.1 6 PRESENTATION to proclaim January 2008 as National Blood Donor Month in Contra Costa County . (Supervisor Uilkema) (All Districts)

PR.2 7 PRESENTATION to acknowledge and honor the significant contributions provided by the Dean and Margaret Lesher Foundation to library service in Contra Costa County . (Anne Cain, Librarian) (All Districts)

SHORT DISCUSSIONS ITEMS

SD.1 8 PUBLIC COMMENT (3 Minutes/Speaker).

SD.2 9 CONSIDER any Consent Items previously removed.

SD.3 10 HEARING to consider adopting Resolution No. 2008/2 to create Zone 3005 (North Richmond) in County Service Area (CSA) P-6 and authorize an election for police service taxes; and adopting Ordinance No. 2008-01 to be presented for approval of the voters of Zone 3005-CSA P-6 by a March 25, 2008 mail ballot election on fees for a Police Services District for Subdivision 058938. (Catherine Kutsuris, Community Development Department) (District I)

DELIBERATION ITEMS

11:30

D.1 11 HEARING on an appeal filed by the Saranap Community Association (Appellant) of the County Planning Commission s decision to approve an application for a tree permit to construct a new single family residence, with variances for a 0-foot front yard setback (where 20 feet is required); a 0-foot side yard setback (where 10 feet is required) and a 10-foot aggregate (where 20 feet is required) to allow the construction of a driveway structure that consists of a retaining wall less that 3-feet with a concrete slab and a 3-foot fence on top, 96 Grandview Place, Walnut Creek (Steven Kooyenga "Owner, Saranap Community Association "Appellant) (County File: TP060040). (Catherine Kutsuris, Community Development Department) (District II)

Closed Session

1:00

D.2 12 HEARING on an appeal by Rodney Paul and Marilyn Stollon of the County Planning Commission's decision to grant approval of a modification to the Colusa Circle Final Development Plan allowing for an office and retail business complex located at #370 to #380 Colusa Avenue (at the intersections of Oak View Avenue and Santa Fe Avenue) in the Kensington area. (Catherine Kutsuris, Community Development Department) (District I)

1:30

D.3 13 HEARING on two appeals of the East County Regional Planning Commission s approval of a substantial modification to the Final Development Plan for the Discovery Bay West Project to allow for the installation of a vehicular gate at the southern approach to the Oasis Drive bridge located at the intersection of Lakeshore Circle and Oasis Drive, within the development commonly known as Lakeshore, Discovery Bay area (Lakeshore Residential Owners Association "Applicant, Owner, and Appellant; The Lakes at Discovery Bay Homeowners Association "Potential Co-Applicant; Shanon Stellini, et al "Appellants) (County File #DP063073). (Catherine Kutsuris, Community Development Department) (District III)

Closed Session

14 Adjourn in memory of Victor Mackie Pease

Supplemental Calendar of Closed Session Items

Tuesday, January 22, 2008, 9:30 a.m. and thereafter

Board Chambers Room 107 and Room 101

A. CONFERENCE WITH LABOR NEGOTIATORS

1. Agency Negotiators : Lori Gentles and Linda Ashcraft.

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; District Attorney s Investigators Assn.; Deputy Sheriffs Assn.; United Prof. Firefighters, Local 1230; Physicians & Dentists Org. of Contra Costa; Western Council of Engineers; United Chief Officers Assn.; Service Empl. Int l Union United Health Care Workers West; East County Firefighters Assn.; Contra Costa County Defenders Assn.; Probation Peace Officers Assn. of Contra Costa County; and Contra Costa County Deputy District Attorneys Assn.

2. Agency Negotiators : Lori Gentles and John Cullen.

Unrepresented Employees : All unrepresented agency management employees (Resolution No. 2007/366, including its Exhibits), unrepresented nursing classification employees, and all other unrepresented agency employees.

B. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Gov. Code, 54956.9(a)):

1. Kristy Linkenhoker v. Contra Costa County , U.S.D.C. No. C 06-05432 EDL

2. State Board of Equalization v. All Persons Interested, et al. , Sacramento Superior Court No. 07AS04798

C. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Gov. Code, 54956.9(c): One potential case.

D. PUBLIC EMPLOYEE APPOINTMENTS

Title: Agricultural Commissioner

County Administrator

County Veterans Service Officer

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 ADOPT Resolution No. 2008/57 approving and authorizing the Public Works Director, or designee, to submit a 2008/2009 Transportation Development Act Grant application to the Metropolitan Transportation Commission in the amount of $257,500 for Fiscal Year 2008/2009 for the Knightsen Pedestrian Path, Pacheco Boulevard Sidewalk Gap Closure, Pomona Street Bike Lane, and the Bicycle and Pedestrian Safety Education projects, Countywide. (No General Fund impact) (All Districts)

C.2 ADOPT Resolution No. 2008/58 accepting as complete the contracted construction work performed by W.R. Forde Associates for the Pacifica Avenue Improvements Project, as recommended by the Public Works Director, Bay Point area. (37.49% Transportation Development Act, 28.46% Safe Route to School, 27.8% Bicycle Transportation Account, and 6.25% Local Gas Tax funding) (District V)

C.3 APPROVE the North Richmond Bikeway Project and AUTHORIZE the Public Works Director, or designee, to advertise the project, Richmond area; and ADOPT related California Environmental Quality Act findings. (89% Transportation Fund for Clean Air and 11% Local Road funding) (District I)

Special Districts & County Airports

C.4 APPROVE and AUTHORIZE the Chief Engineer, Flood Control & Water Conservation District, or designee, to execute an amendment to the June 16, 2003 Joint Exercise of Powers Agreement with the City of Pleasant Hill and an amendment to the June 30, 2003 Cost Share Agreement with the U.S. Army Corps of Engineers, for the Grayson and Murderers Creeks Project, Pleasant Hill and Walnut Creek areas. (Flood Control Zone 3B funding) (Districts II & IV)

C.5 APPROVE and AUTHORIZE the Airports Director, or designee, to execute a second lease amendment between the County, as lessor, and Concord Jet Service, Inc., as tenant, to increase the monthly ground rent by a minimum of $3,466 consistent with other non-Fixed Base Operator rates. (Revenue accrues to the Airport Enterprise Fund) (District IV)

Statutory Actions

C.6 DECLARE certain ordinances duly published. (All Districts)

Claims, Collections & Litigation

C.7 DENY claims by Franklin M. Sterling and Associates, and Byron P. Shields. (All Districts)

C.8 AUTHORIZE the County Counsel to file an Interpleader Action and Request for Declaratory Relief against the U.S. Department of Treasury, the California Department of Social Services, and Our Home, Inc., to determine which party is entitled to group home payments related to services provided in the Antioch area to County wards, as recommended by the County Counsel . (District V)

Honors & Proclamations

C.9 ADOPT Resolution No. 2008/37 proclaiming January 31, 2008 as National Earned Income Tax Credit (EITC) Awareness Day and the Earn It! Keep It! Save It! Campaign Kick-Off in Contra Costa County, as recommended by the Employment and Human Services Director. (All Districts)

C.10 ADOPT Resolution No. 2008/54 recognizing Scott Hein of Save Mt. Diablo for his photography of Mt. Diablo and for raising awareness for land programs, as recommended by Supervisor Bonilla. (District IV)

C.11 ADOPT Resolution No. 2008/55 recognizing Liz Lamach for her efforts in planning and fundraising for Matteo's Dream Playground in Concord , as recommended by Supervisor Bonilla. (District IV)

C.12 ADOPT Resolution No. 2008/56 recognizing Carl Hopkins, volunteer mediator for the Center for Human Development, as recommended by Supervisor Bonilla. (District IV).

C.13 ADOPT Resolution No. 2008/60 recognizing Daphne Miller of the Food Bank of Contra Costa for her many humanitarian endeavors, as recommended by Supervisor Bonilla. (District IV).

C.14 ADOPT Resolution No. 2008/59 proclaiming January 2008 as National Blood Donor Month in Contra Costa County , as recommended by Supervisor Uilkema. (See PR.1) (All Districts)

C.15 ADOPT Resolution No. 2008/61 acknowledging and honoring the significant contributions provided by the Dean and Margaret Lesher Foundation to library service in Contra Costa County , as recommended by the Librarian. (See PR.2) (All Districts)

C.16 ADOPT Resolution No. 2008/62 recognizing Concord Police Officer of the Year Master Officer Don Lawson, as recommended by Supervisor Bonilla. (District IV)

Ordinances

C.17 INTRODUCE Ordinance No. 2008-3 to repeal Ordinance Code Chapter 450-4 on hazardous waste generators, WAIVE reading, and FIX February 5, 2008 for adoption, as recommended by the Health Services Director. (All Districts)

C.18 INTRODUCE Ordinance No. 2008-04 to authorize the use of administrative fines and/or applicant-paid monitoring if a property owner fails to comply with land use permit conditions; WAIVE reading and SET February 5, 2008 for adoption; and ADOPT related California Environmental Quality Act findings, as recommended by the Internal Operations Committee. (All Districts)

Appointments & Resignations

C.19 DECLARE VACANT the At Large #1 seat, the Lafayette Local Committee seat, and the Martinez Local Committee seat on the Advisory Council on Aging, and DIRECT the Clerk of the Board to post the vacancies, as recommended by the Advisory Council on Aging. (All Districts)

Appropriation Adjustments - FY 2007/08

C.20 Employment and Human Services (0502, 0503, 0504): APPROVE Revenue Adjustment No. 5042 to redistribute revenue among the appropriate organizational units within the Department to reflect the actual and anticipated revenue for Fiscal Year 2007/2008. (All Districts)

Intergovernmental Relations

C.21 ADOPT Contra Costa County 2008 Federal and State Legislative Platforms, as recommended by the County Administrator . (All Districts)

Personnel Actions

C.22 APPOINT Battalion Chief Hugh Henderson, East Contra Costa Fire Protection District, as the Acting Fire Chief, East Contra Costa Fire Protection District, effective February 1, 2008, as recommended by the County Administrator . (Budgeted) (Districts III and V)

C.23 ADOPT Position Adjustment Resolution No. 20424 to reclassify an Account Clerk-Advanced position (represented) and its incumbent to an Accounting Technician position (represented) in the Community Development Department. (100 % Land development application fees) (All Districts)

C.24 ACKNOWLEDGE receipt of a signed petition dated October 1, 2007, from the Sheriff s Non-Sworn Management Unit to decertify from AFSCME, Local 512, as recommended by the Human Resources Director. (All Districts)

C.25 ADOPT Resolution No. 2008/63 amending Section 48.1 (g) Hazard Pay of the Memorandum of Understanding with United Clerical, Technical and Special Employees AFSCME Local 2700 to add hazard pay benefits to Local 2700 employees working at the Custody Alternative Facility and Marsh Creek Detention Facility, as recommended by the Human Resources Director. (100% General Fund) (All Districts)

Grants & Contracts

APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of funds and/or services:

C.26 ADOPT Resolution No. 2008/64 approving and authorizing the Health Services Director, or designee, to submit an application to the State Department of California, Housing and Community Development, for a capital development loan in an amount not to exceed $1,000,000 for the County's Homeless Emergency Housing and Assistance Program at 4639 Pacheco Blvd, Martinez, to provide for sober living transitional housing for homeless individuals for Fiscal Year 2008/2018. (10-Year use requirement in lieu of match) (District II)

C.27 APPROVE AND AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with the California Department of Aging to increase the County allocation by $15,809 to new allocation of $273,234 for the Health Insurance Counseling and Advocacy Program for the period July 1, 2007 through June 30, 2008. (No County match) (All Districts)

C.28 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with the California Department of Aging, to increase the County allocation by $199,564 to a new allocation of $3,781,785 for one-time-only supplemental funding for Area on Aging, Title III Programs, with no change in the term of July 1, 2007 through June 30, 2008. (No County match) (All Districts)

C.29 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply for and execute a contract to accept grant funding from the National Center on Senior Transportation in the amount of $59,200 for the Contra Costa Responsible Options for Aging Driver Safety Project for the period February 1, 2008 through January 31, 2009. (No County match) (All Districts)

C.30 APPROVE and AUTHORIZE the Employment and Human Services Director or designee, to execute a contract with the California Department of Community Services and Development in an amount of $92,365 for Community Service Block Grant services to low-income County residents and their families for the period January 1, 2008 through December 31, 2009. (No County match) (All Districts)

C.31 APPROVE and AUTHORIZE the County Librarian to apply for and accept a grant in the amount of $1,500 from Crockett Community Foundation to purchase picture books and easy readers to support the early literacy needs of young children in the Crockett community. (No match) (District II)

C.32 APPROVE and AUTHORIZE the Building Inspection Director to execute a contract with the City of Richmond to provide the city enhanced building inspection-related services for the period December 1, 2007 through November 30, 2008. (100% Reimbursement from City of Richmond ) (District I)

APPROVE and AUTHORIZE execution of agreements between the County and the following parties as noted for the purchase of equipment and/or services:

C.33 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Delta Demolition Contractors, Inc., in the amount of $500,000 for demolition services in connection with the Orbisonia Heights Project for the period January 22 to September 30, 2008, Bay Point area. (100% County Redevelopment Agency funding) (District V)

C.34 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Asbestos Management Group of California, Inc., in the amount of $500,000 for demolition services in connection with the Orbisonia Heights Project for the period January 22 to September 30, 2008, Bay Point area. (100% Redevelopment Agency funding) (District V)

C.35 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with LTP CarePro, Inc., in an amount not to exceed $48,000 to provide augmented board and care services for County-referred mentally disordered clients for the period February 1, 2008 through January 31, 2009. (100% Mental health realignment funding) (All Districts)

C.36 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with the West Contra Costa Youth Service Bureau, effective December 1, 2007, to increase the payment limit by $119,800 to a new payment limit of $428,780 to provide school-based mental health services to additional seriously emotionally disturbed students in West County with no change in the original term of July 1, 2007 through June 30, 2008, and to increase the six-month automatic extension payment limit by $59,900 to a new payment limit of $214,390. (50% Federal Medi-Cal; 46% State Early and Periodic Screening, Diagnosis, and Treatment; 4% West Contra Costa Unified School District funding) (District I)

C.37 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with S.P. Resources, LLC (dba Medsource Consultants), effective September1, 2007, to increase the payment limit by $100,440 to a new payment limit of $286,200 to provide additional temporary psychiatric services for the County's Child and Adolescent Outpatient Mental Health Clinics with no change in the original term of March 1, 2007 through June 30, 2008. (100% Mental health realignment funding) (All Districts)

C.38 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Gloria Hess Bentinck, M.D., in an amount not to exceed $235,000 to provide psychiatric services at the Adult Mental Health Clinic, Concord area, for the period February 1, 2008 through January 31, 2009. (100% Mental health realignment funding) (All Districts)

C.39 AMEND Board action of November 6, 2007 (Item C.93), which authorized the Health Services Director to execute a contract with Wade Cartwright, M.D., to provide professional otolaryngology services for Contra Costa Health Plan members, to correct the contract term expiration date from October 31, 2009 to October 31, 2008, as recommended by the Health Services Director. (No additional fiscal impact) (All Districts)

C.40 AMEND Board action of November 6, 2007 (Item C.94), which authorized the Health Services Director to execute a contract with the Contra Costa Cardiology Medical Group to provide professional cardiology services for Contra Costa Health Plan members, to correct the contract term expiration date from October 31, 2009 to October 31, 2008, as recommended by the Health Services Director. (No additional fiscal impact) (All Districts)

C.41 AMEND Board action of November 6, 2007 (Item C.87), which authorized the Health Services Director to execute a contract with Rubino Counseling Services to provide Medi-Cal specialty mental health services for the period July 1, 2007 through June 30, 2009, to correct the Contractor's name to read The Lucas Michael Rubino Family and Child Counseling, as recommended by the Health Services Director. (No additional fiscal impact) (All Districts)

C.42 AMEND Board action of November 6, 2007 (Item C.75), which authorized the Health Services Director to execute a contract with Turning Point Counseling Center to provide Medi-Cal specialty mental health services for the period July 1, 2007 through June 30, 2009, to correct the Contractor's name to read Youth Homes, Inc., as recommended by the Health Services Director. (No additional fiscal impact) (All Districts)

C.43 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with the Regents of the University of California in an amount not to exceed $32,760 to provide psychiatric services for Southeast Asian patients at the Richmond Health Center for the period July 1, 2007 through June 30, 2008, including a provision for mutual indemnification against claims related to services provided under the contract. (100% Enterprise Fund I) (All Districts)

C.44 APPROVE and AUTHORIZE the Purchasing Agent, or designee, to provide payment in an amount not to exceed $1,254 in legal fees to attorneys or authorized representatives upon each successful Social Security Income (SSI) appeal for Cash Assistance Program for Immigrants (CAPI) recipients, for the period January 1 through December 31, 2008, as recommended by the Employment and Human Services Director. (100% State funding) (All Districts)

C.45 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with STAND! Against Domestic Violence, effective December 1, 2007, to decrease the payment limit by $11,250 to a new payment limit of $63,750 to implement a "Promoting Safe and Stable Families" collaborative, with no change in the term of July 1, 2007 through June 30, 2008. (50% Federal; 35% State; 15% County General Fund) (District IV)

C.46 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Guardian Security Agency, effective November 1, 2007, to increase the payment limit by $45,000 to a new payment limit of $99,000 to provide temporary security guard services, with no change in the term of July 1, 2007 through June 30, 2008. (80% Federal, 10% State, 10% County General Fund) (All Districts)

C.47 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with the Young Men's Christian Association of the East Bay, West Contra Costa Branch, effective December 1, 2007, to decrease the payment limit by $15,442 to a new payment limit of $84,558 to provide Promoting Safe and Stable Families Program services in the West County area, with no change in the term of July 1, 2007 through June 30, 2008. (48% Federal; 36% State; 16% County General Fund) (District I)

C.48 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute contract amendment with Ambrose Recreation and Park District, effective December 1, 2007, to decrease the payment limit by $12,945 to a new payment limit of $73,355 to provide services for the Youth Opportunities Unlimited Project, with no change in the term of July 1, 2007 through June 30, 2008. (42.1% Federal - Promoting Safe and Stable Families, 40.5% State - Family Preservation, 17.4% County General Fund) (Districts IV and V)

C.49 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute contract amendments to increase the payment limits for Pre-Kindergarten literacy classroom support services, with no change to the term September 1, 2007 through June 30, 2008 (100% State funds) (All Districts):