board of supervisors...name of case: city of oakland, county of alameda, and oakland-alameda county...

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SUMMARY ACTION MINUTES BOARD OF SUPERVISORS Regular Meeting Tuesday, April 15, 2003 COUNTY ADMINISTRATION BUILDING SCOTT HAGGERTY DISTRICT 1 SUPERVISORS’ CHAMBER GAIL STEELE, PRESIDENT DISTRICT 2 1221 OAK STREET ALICE LAI-BITKER DISTRICT 3 FIFTH FLOOR, ROOM 512 NATE MILEY DISTRICT 4 OAKLAND, CALIFORNIA KEITH CARSON, VICE-PRESIDENT DISTRICT 5 SUSAN S. MURANISHI RICHARD E. WINNIE COUNTY ADMINISTRATOR COUNTY COUNSEL MISSION STATEMENT THE BOARD OF SUPERVISORS OF ALAMEDA COUNTY, THROUGH THE DEDICATION, EXCELLENCE, AND DIVERSITY OF ITS EMPLOYEES, IS COMMITTED TO SERVE THE NEEDS OF THE COMMUNITY AND TO ENHANCE THE QUALITY OF LIFE The Board of Supervisors welcomes you to its meetings and your interest is appreciated. If you wish to speak on a matter on the agenda or during public input, please fill out a speaker slip at the front of the Chambers and turn it in to the Clerk as soon as possible. When addressing the Board, please give your name for the record prior to your presentation. If you wish to speak on a matter not on the agenda, please wait until the President calls for public input at the end of the Regular Calendar. NOTE: Only matters within the Board of Supervisors’ jurisdiction may be addressed. Time limitations shall be at the discretion of the President of the Board. Pursuant to Board Policy: (1) Applause, signs or demonstrations are prohibited during Board meetings; (2) Any Board Member may request a two-week continuance on any item appearing for the first time; (3) All agenda items shall be received by the County Administrator prior to 3 p.m. on Tuesday two weeks before the meeting date or earlier when a Holiday intervenes. Hearing difficulty? Please ask the Clerk for use of a personal sound receiver. Board of Supervisors’ meetings are wheelchair accessible. Call (510) 272-6347 (voice) or (510) 834-6754 (TDD) to request a sign-language interpreter. Five working days’ notice is required. If you have questions regarding the agenda, please call (510) 272-6347. The Board’s Agenda and Summary Action Minutes are also available via the Internet at: www.acgov.org Attention : The Alameda County Board of Supervisors’ meetings can be heard live on the County’s internet (www.acgov.org ) In order to log on, please do the following: click on the County’s homepage as noted above and click on the “Audio Broadcasts” box. Normally, the Board meets on Tuesdays and their meeting begins no earlier than 9:30 a.m. and may begin later, depending on the Closed Session which normally begins at 8:30 a.m. In addition to hearing the Board meetings live, you may hear prior meetings (commencing November 6, 2001) and you may have access to the Board’s agenda meeting dates, a list of items for each agenda meeting and meeting minutes at the County’s website. 150 YEARS OF SERVICE 1853 – 2003 MINUTES - BOARD OF SUPERVISORS’ MEETING, TUESDAY, APRIL 15, 2003 - PAGE 1

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Page 1: BOARD OF SUPERVISORS...Name of Case: City of Oakland, County of Alameda, and Oakland-Alameda County Coliseum Authority v. Oakland Raiders, a California Limited Partnership, A. D. Football,

SUMMARY ACTION MINUTES

BOARD OF SUPERVISORS

Regular Meeting Tuesday, April 15, 2003 COUNTY ADMINISTRATION BUILDING SCOTT HAGGERTY DISTRICT 1 SUPERVISORS’ CHAMBER GAIL STEELE, PRESIDENT DISTRICT 2 1221 OAK STREET ALICE LAI-BITKER DISTRICT 3 FIFTH FLOOR, ROOM 512 NATE MILEY DISTRICT 4 OAKLAND, CALIFORNIA KEITH CARSON, VICE-PRESIDENT DISTRICT 5 SUSAN S. MURANISHI RICHARD E. WINNIE COUNTY ADMINISTRATOR COUNTY COUNSEL

MISSION STATEMENT

THE BOARD OF SUPERVISORS OF ALAMEDA COUNTY, THROUGH THE DEDICATION, EXCELLENCE, AND DIVERSITY OF ITS EMPLOYEES, IS COMMITTED TO SERVE THE NEEDS OF THE COMMUNITY AND TO ENHANCE THE QUALITY OF LIFE

The Board of Supervisors welcomes you to its meetings and your interest is appreciated. If you wish to speak on a matter on the agenda or during public input, please fill out a speaker slip at the front of the Chambers and turn it in to the Clerk as soon as possible. When addressing the Board, please give your name for the record prior to your presentation. If you wish to speak on a matter not on the agenda, please wait until the President calls for public input at the end of the Regular Calendar. NOTE: Only matters within the Board of Supervisors’ jurisdiction may be addressed. Time limitations shall be at the discretion of the President of the Board. Pursuant to Board Policy: (1) Applause, signs or demonstrations are prohibited during Board meetings; (2) Any Board Member may request a two-week continuance on any item appearing for the first time; (3) All agenda items shall be received by the County Administrator prior to 3 p.m. on Tuesday two weeks before the meeting date or earlier when a Holiday intervenes. Hearing difficulty? Please ask the Clerk for use of a personal sound receiver. Board of Supervisors’ meetings are wheelchair accessible. Call (510) 272-6347 (voice) or (510) 834-6754 (TDD) to request a sign-language interpreter. Five working days’ notice is required. If you have questions regarding the agenda, please call (510) 272-6347. The Board’s Agenda and Summary Action Minutes are also available via the Internet at: www.acgov.org Attention: The Alameda County Board of Supervisors’ meetings can be heard live on the County’s internet (www.acgov.org) In order to log on, please do the following: click on the County’s homepage as noted above and click on the “Audio Broadcasts” box. Normally, the Board meets on Tuesdays and their meeting begins no earlier than 9:30 a.m. and may begin later, depending on the Closed Session which normally begins at 8:30 a.m. In addition to hearing the Board meetings live, you may hear prior meetings (commencing November 6, 2001) and you may have access to the Board’s agenda meeting dates, a list of items for each agenda meeting and meeting minutes at the County’s website.

150 YEARS OF SERVICE 1853 – 2003

MINUTES - BOARD OF SUPERVISORS’ MEETING, TUESDAY, APRIL 15, 2003 - PAGE 1

Page 2: BOARD OF SUPERVISORS...Name of Case: City of Oakland, County of Alameda, and Oakland-Alameda County Coliseum Authority v. Oakland Raiders, a California Limited Partnership, A. D. Football,

SUMMARY ACTION MINUTES

8:30 A.M.

CALL TO ORDER AND SALUTE TO FLAG 312 45 APPROVED MINUTES OF REGULAR MEETING: TUESDAY, APRIL 1, 2003 XX PLANNING MEETING: THURSDAY, APRIL 3, 2003 CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS Agency Negotiators: Naomi Burns, Denyce Holsey and Keith Fleming Employee Organizations: Deputy Sheriff’s Association; International Association of Firefighters;

Probation Peace Officers Association of Alameda County; Alameda County Management Employees Association, Sheriff’s Unit; Alameda County Management Employees Association; Unrepresented Management (Safety)

Agency Negotiators: Naomi Burns, Denyce Holsey and Glenn Berkheimer Employee Organization: Teamsters Union Local 856 Agency Negotiators: Naomi Burns, Denyce Holsey and Keith Fleming Employee Organization: SEIU Local 535 Agency Negotiators: Naomi Burns and Denyce Holsey Employee Organization: Unrepresented Management CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION

Initiation of litigation pursuant to Subdivision (c) of Government Code § 54956.9: (Five Cases) Significant exposure to litigation pursuant to Subdivision (b) of Government Code § 54956.9: (Three Cases)

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Name of Case: City of Oakland, County of Alameda, and Oakland-Alameda County Coliseum Authority v. Oakland Raiders, a California Limited Partnership, A. D. Football, Inc., a California Corporation, and Does 1 through 50, inclusive, Superior Court of California, County of Sacramento, Case # 97AS06708 Name of Case: Oakland-Alameda County Coliseum Authority v. CC Partners, dba The Golden State Warriors, Arbitration Name of Case: Fire Arm Case, Case #303753, #210894 and #214794 Name of Case: Alameda County Deputy Sheriffs’ Association, Alameda County Probation Peace Officers' Association, Norm Santos, Mark Whitehouse v. Board of Retirement of the Alameda County Employees' Retirement Association, and County of Alameda, Case # 2001-030108

MINUTES - BOARD OF SUPERVISORS’ MEETING, TUESDAY, APRIL 15, 2003 - PAGE 2

Page 3: BOARD OF SUPERVISORS...Name of Case: City of Oakland, County of Alameda, and Oakland-Alameda County Coliseum Authority v. Oakland Raiders, a California Limited Partnership, A. D. Football,

SUMMARY ACTION MINUTES

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT

Chief Probation Officer

9:30 A.M. - SET MATTERS

1. CONSENT CALENDAR (See Appendix, Item Numbers 34 - 74) 51342 Approved as recommended with the exception of Item #38, which was continued to Tuesday, 4/29/03 2. President Steele – Youth SCORE (Special Consideration of Real Effort) – Presentation to recognize former

Foster Youth Recognized Willie, Wynton and Waylin Harris FILE 17572

9:30 A.M. - REGULAR CALENDAR

BOARD OF SUPERVISORS’ REMARKS Supervisors Nate Miley and Alice Lai-Bitker thanked everyone involved for their support at the

4/12/03 Beautification Project, a community clean-up effort, in Ashland and Castro Valley PROCLAMATIONS/COMMENDATIONS 3. President Steele and Supervisor Lai-Bitker – Proclaim April 6-12, 2003 as “Counties Care for Kids Week” Continued to Tuesday, 4/29/03 4. Supervisor Lai-Bitker – Proclaim April 13-19, 2003 as “National Infant Immunization Week,” and May 2003

as “Toddler Immunization Month” Presented resolution to Ruth Young of the Immunization Project of Alameda

County and Renee Cheney-Cohen, Public Health Department FILE 17610 R-2003-429

5. Public Works Agency – Proclaim May 18 to May 24, 2003 as “National Public Works Week” 51342 Approved as recommended FILE 17610

R-2003-430 6. County Administrator – Adopt a resolution proclaiming May 5 to May 11, 2003 as “Public Service

Recognition Week” 51342 Approved as recommended FILE 17610

R-2003-431

MINUTES - BOARD OF SUPERVISORS’ MEETING, TUESDAY, APRIL 15, 2003 - PAGE 3

Page 4: BOARD OF SUPERVISORS...Name of Case: City of Oakland, County of Alameda, and Oakland-Alameda County Coliseum Authority v. Oakland Raiders, a California Limited Partnership, A. D. Football,

SUMMARY ACTION MINUTES

PUBLIC ASSISTANCE 7. Social Services Agency – Approve the appropriation of funds and authorize the expenditure of $6,761,861 for

the purchase and installation of the necessary hardware and software to support the implementation of CalWIN system; and approve related budget adjustments – CAO Recommends: Approve – (4/5 Vote)

51342 Approved as recommended FILE 17826 R-2003-432F

HEALTH CARE SERVICES 8. Approve in principle a services-as-needed contract with River Oak Center for Children (Principal: Mary C.

Hargrave, Ph.D.; Location: Sacramento) for children’s mental health needs; and authorize the Director of Behavioral Health Care Services to negotiate and sign the contract – CAO Recommends: Approve

51342 Approved as recommended FILE 17672 9. Approve an increase to a purchase order contract with Access Multi-Specialty Medical Clinic, Inc. (Principal:

Travis Svensson, M.D., MPH; Location: San Francisco) to provide mandated psychiatric medication management and consultation services to clients in the Criminal Justice Mental Health Program at Santa Rita Jail, increasing the amount from $25,000 to $60,000 ($35,000 increase) – CAO Recommends: Approve

51342 Approved as recommended FILE 17827 10. Approve a one-time loan agreement with Tri-City Health Center (Principal: Manfred Hayes; Location:

Fremont) from the Tobacco Master Settlement Funds Community-Based Organizations Capital Loan Account to remain fully operational, 4/15/03 – 4/15/08 ($200,000); and modify the conditions of the Board adopted community-based organization Capital Loan Account to permit the use of those funds to offset the critical cash flow needs of Tri-City Health Clinic – CAO Recommends: Approve

51342 Approved as recommended FILE 17828 C-2003-379

GENERAL ADMINISTRATION 11. Supervisor Haggerty – Adopt a resolution in support of California High Speed Rail Authority Study of the

Altamont Pass Route Option 51342 Approved as recommended FILE 17829

R-2003-433 12. Supervisor Miley – Approve a letter to the Commissioner of the California Highway Patrol to increase traffic

enforcement with additional California Highway Patrol officers in the unincorporated areas of Alameda County

43152 Authorized a letter to request a meeting to discuss traffic enforcement in the unincorporated areas of Alameda County

FILE 17830

13. General Services Agency – Accept the bid and award a contract to State Roofing Systems Inc. (Principal:

Keith Symons; Location: San Leandro) for the roof replacement at the Environmental Health Headquarters Building, located at 1131 Harbor Bay Parkway, Alameda, Project # BMP03N3066 ($129,500) – CAO Recommends: Approve

51342 Approved as recommended FILE 17601 C-2003-380

MINUTES - BOARD OF SUPERVISORS’ MEETING, TUESDAY, APRIL 15, 2003 - PAGE 4

Page 5: BOARD OF SUPERVISORS...Name of Case: City of Oakland, County of Alameda, and Oakland-Alameda County Coliseum Authority v. Oakland Raiders, a California Limited Partnership, A. D. Football,

SUMMARY ACTION MINUTES

Human Resource Services: 14. Second reading and adoption of a salary ordinance amendment establishing a new class with salary

administration criteria in Risk Management, and increasing salaries for certain District Attorney Inspectors and Public Defender Investigators – Continued from Tuesday, 4/1/03 (Item #4) for second reading

13452 Read title, waived reading of ordinance in its entirety and adopted Ordinance O-2003-62

FILE 17582 O-2003-62

15. First reading and introduction of an ordinance amending the Military Time Bank ordinance to include

Operation Iraqi Freedom and to extend it through 3/31/05 – CAO Recommends: Approve 14352 Read title, waived reading of ordinance in its entirety and continued to

Tuesday, 4/29/03, for second reading FILE 17581

16. First reading and introduction of an ordinance approving the 2002 – 2009 Memorandum of

Understanding with the Deputy Sheriffs’ Association of Alameda County – CAO Recommends: Approve

14352 Read title, waived reading of ordinance in its entirety and continued to Tuesday, 4/29/03, for second reading

FILE 17831

17. Human Resource Services and General Services Agency – Authorize the Purchasing Agent to negotiate and

sign a contract with Maximus, Incorporated (Principal: David V. Mastran; Location: Oakland) to provide job classification comprehensive study services, 5/1/03 – 11/30/03 ($129,710) – CAO Recommends: Approve

51342 Approved as recommended FILE 17832 18. Information Technology Department and General Services Agency – Authorize the Purchasing Agent to

negotiate and sign a two-year contract with Anacomp Incorporated (Principal: Marie Hickey; Location: Hayward) to provide microfiche production services, 4/16/03 – 4/15/05 ($189,606) – CAO Recommends: Approve

51342 Approved as recommended FILE 17833 19. Library – Approve the execution of the Memorandum of Understanding between the City of Newark, Ohlone

College, the Newark Unified School District and the County of Alameda to continue studying the feasibility and planning for the development and operation of a joint library that will serve all of the partners’ constituents and will be located on the Newark/Ohlone Campus; and authorize the Auditor-Controller to pay $50,000 from the County Library funds to the City of Newark as its share of the costs for the planning process – CAO Recommends: Approve

51342 Approved as recommended FILE 17834 C-2003-381

20. County Administrator – Adopt a resolution to comply with the Federal Health Insurance Portability and

Accountability Act of 1996 which assigns responsibility and authority to the County Administrator to ensure that the County is in full compliance with all HIPAA mandated rules and regulations

51342 Approved as recommended FILE 17835 R-2003-434

MINUTES - BOARD OF SUPERVISORS’ MEETING, TUESDAY, APRIL 15, 2003 - PAGE 5

Page 6: BOARD OF SUPERVISORS...Name of Case: City of Oakland, County of Alameda, and Oakland-Alameda County Coliseum Authority v. Oakland Raiders, a California Limited Partnership, A. D. Football,

SUMMARY ACTION MINUTES

GENERAL ADMINISTRATION 21. Community Development Agency – Approve the following related to the Arroyo Mocho Widening/Arroyo

Las Positas Realignment Project for the Staples Ranch Property, Pleasanton: A. Adopt a resolution authorizing and accepting the Initial Study/Mitigated Negative Declaration

prepared for and adopted by the Zone 7 Board of Directors on 2/19/03 B. Authorize the execution of the following: 1. Land acquisition and improvement agreement with Hanson Aggregates Mid-Pacific, Inc.

(Principal: William Berger; Location: San Ramon), Alameda County and the Surplus Property Authority;

2. Easement agreement for roadway purposes and for Arroyo Mocho/Arroyo Las Positas Bridge between Hanson Aggregates Mid-Pacific, Inc., Alameda County and the Surplus Property Authority;

3. Arroyo realignment and quarry access agreement between Calmat Co. dba Vulcan Materials Company, Western Division (Principal: Douglas J. Reynolds; Location: Pleasanton), Alameda County and the Surplus Property Authority

4. Grant deed of dedication parcel and grant of bridge easement; and C. Authorize encroachment on County land for construction and access purposes and authorize

the Community Development Agency Director to execute all documents necessary to implement the agreements

– CAO Recommends: Approve 51342 Approved as recommended FILE 17836

R-2003-435 C-2003-399

MINUTES - BOARD OF SUPERVISORS’ MEETING, TUESDAY, APRIL 15, 2003 - PAGE 6

Page 7: BOARD OF SUPERVISORS...Name of Case: City of Oakland, County of Alameda, and Oakland-Alameda County Coliseum Authority v. Oakland Raiders, a California Limited Partnership, A. D. Football,

SUMMARY ACTION MINUTES

SITTING AS THE SURPLUS PROPERTY AUTHORITY 21A. Community Development Agency – Approve the following related to the Arroyo Mocho Widening/Arroyo

Las Positas Realignment Project for the Staples Ranch Property, Pleasanton: A. Adopt a resolution authorizing and accepting the Initial Study/Mitigated Negative Declaration

prepared for and adopted by the Zone 7 Board of Directors on 2/19/03 B. Authorize the execution of the following: 1. Land acquisition and improvement agreement with Hanson Aggregates Mid-Pacific, Inc.

(Principal: William Berger; Location: San Ramon), Alameda County and the Surplus Property Authority;

2. Easement agreement for roadway purposes and for Arroyo Mocho/Arroyo Las Positas Bridge between Hanson Aggregates Mid-Pacific, Inc., Alameda County and the Surplus Property Authority;

3. Arroyo realignment and quarry access agreement between Calmat Co. dba Vulcan Materials Company, Western Division (Principal: Douglas J. Reynolds; Location: Pleasanton), Alameda County and the Surplus Property Authority

4. Agreement for acquisition of real property and easement and escrow instructions between Johnson/Himsl Partnership (Principal: Robert Himsl; Location: Sunol) and the Surplus Property Authority;

5. Memorandum of Understanding between the Surplus Property Authority and Zone 7; 6. Escrow holdback agreements between Calmat, Co. and Hanson Aggregates Mid-Pacific,

Inc., respectively, and the Surplus Property Authority; and C. Authorize encroachment on Surplus Authority property for construction and access purposes

and authorize the Manager of the Surplus Property Authority to execute all documents necessary to implement the agreements

– CAO Recommends: Approve 51342 Approved as recommended FILE 17836

R-2003-436 C-2003-394 - 398

SITTING AS THE REDEVELOPMENT AGENCY 22. Community Development Agency – Certify the following six architect and sign design companies to establish

architect, sign design and design build services pool; authorize the Redevelopment Agency to use the pool for services as needed, 4/16/03 – 6/30/08; and authorize the Redevelopment Agency Director to negotiate agreements with the selected companies as required:

A. Bay Signs Inc. (Principal: Abdul Gaphoor; Location: unincorporated Ashland) for sign design

services B. Byrens Associates (Principal: David Byrens; Location: Oakland) for architect services C. RPR Architects (Principal: Kathleen Rousseau; Location: Oakland) for architect and sign design

services D. Anthony Tobacco Associates (Principal: Anthony Tobacco; Location: Orinda) for architect services E. Trachtenberg Architects and Cavagnero Associates (Principals: David Trachtenberg and Mark

Cavagnero; Locations: Berkeley & San Francisco) for architect, sign design and design build services

– CAO Recommends: Approve 51342 Approved as recommended FILE 17837

MINUTES - BOARD OF SUPERVISORS’ MEETING, TUESDAY, APRIL 15, 2003 - PAGE 7

Page 8: BOARD OF SUPERVISORS...Name of Case: City of Oakland, County of Alameda, and Oakland-Alameda County Coliseum Authority v. Oakland Raiders, a California Limited Partnership, A. D. Football,

SUMMARY ACTION MINUTES

PUBLIC PROTECTION 23. Fire Department – Approve the addition of 3 Captain, 3 Engineer and 3 Fire Fighter positions for staffing of

a new engine company being added and paid for by the City of Dublin, effective 7/1/03 ($1,013,856) – CAO Recommends: Approve

51342 Approved as recommended FILE 17838 Sheriff: 24. Public hearing to approve and adopt the proposed fee schedule for the Criminalistics Laboratory

pursuant to County Administrative Code 2.56.100, effective 7/1/03 – CAO Recommends: Approve 14352 Closed public hearing and approved as recommended FILE 17573

R-2003-437 25. Approve a mid-year position, pay unit and budget adjustments for the Youth and Family Services

Bureau, effective 4/1/03 – CAO Recommends: Approve – (4/5 Vote) 51342 Approved as recommended FILE 17723

R-2003-438F 26. Sheriff and General Services Agency – Approve mid-year appropriation and revenue adjustments for the

California Law Enforcement Equipment Program grant for law enforcement equipment and technology purchases ($261,250) – CAO Recommends: Approve – (4/5 Vote)

51342 Approved as recommended FILE 17714 R-2003-439F

PUBLIC WORKS 27. Public hearing to approve and adopt the fee schedule for Building Regulation Permits; hear and consider

statements for or against the fee increase; and adopt a resolution of the revised fee schedule to be effective 7/1/03 – CAO Recommends: Approve

13452 Closed public hearing and approved as recommended FILE 17839 R-2003-440

28. First reading and introduction of an ordinance amending the Alameda County Public Works Traffic Code

relating to Vehicles and Traffic which include three changes to Chapter, Article 7, relating to no parking zones and no stopping zones in San Lorenzo, San Leandro, and Hayward – CAO Recommends: Approve

34152 Read title, waived reading of ordinance in its entirety and continued to Tuesday, 4/29/03, for second reading

FILE 17616

29. First reading and introduction of an ordinance amending the Alameda County Public Works Traffic Code

relating to Vehicles and Traffic which include two changes to Chapter 1, Article 21, relating to no parking zones – for street sweeping only in the Ashland area – CAO Recommends: Approve

MINUTES - BOARD OF SUPERVISORS’ MEETING, TUESDAY, APRIL 15, 2003 - PAGE 8

Page 9: BOARD OF SUPERVISORS...Name of Case: City of Oakland, County of Alameda, and Oakland-Alameda County Coliseum Authority v. Oakland Raiders, a California Limited Partnership, A. D. Football,

SUMMARY ACTION MINUTES

14352 Read title, waived reading of ordinance in its entirety and continued to Tuesday,

4/29/03, for second reading FILE 17616

30. Approve and authorize a personal services agreement with Marc Fournier (Location: Alameda) to provide

mandated water quality compliance coordination services for the Clean Water Division, 4/21/03 – 6/30/04 ($70,000) – CAO Recommends: Approve

51342 Approved as recommended FILE 17840 C-2003-382

31. Approve and authorize the execution of a license agreement with Calmat Co. dba Vulcan Materials

Company, Western Division (Principal: Douglas J. Reynolds; Location: Pleasanton) for a tunnel under Stanley Boulevard for a term of three ten-year periods ($500/year) – CAO Recommends: Approve

51342 Approved as recommended FILE 17841 C-2003-383

FLOOD CONTROL 32. Approve and authorize the Director of Public Works to execute an updated license agreement with the

Association of Bay Area Governments for use of geographical data by the Public Works Agency and the Alameda County Flood Control and Water Conservation District ($200) – CAO Recommends: Approve

51342 Approved as recommended FILE 17842

10:00 A.M. - SET MATTER 33. Supervisor Carson – First reading and introduction of an ordinance adding Chapter 4.38 to Title 4 of the

Administrative Code of the County of Alameda relating to construction and demolition debris management and green building practices for certain County projects

53142 Read title, waived reading of ordinance in its entirety and continued to Tuesday, 4/29/03, for second reading

FILE 17843

COUNTY COUNSEL: REPORT ON ACTION TAKEN IN CLOSED SESSION None PUBLIC INPUT (TIME LIMIT: 3 MINUTES PER SPEAKER) None

ADJOURNED IN MEMORY OF PATRICIA CHARLESTON

MINUTES - BOARD OF SUPERVISORS’ MEETING, TUESDAY, APRIL 15, 2003 - PAGE 9

Page 10: BOARD OF SUPERVISORS...Name of Case: City of Oakland, County of Alameda, and Oakland-Alameda County Coliseum Authority v. Oakland Raiders, a California Limited Partnership, A. D. Football,

SUMMARY ACTION MINUTES

APPENDIX

CONSENT CALENDAR - ITEM NUMBERS 34 - 74 (ANY BOARD MEMBER MAY PULL ANY CONSENT ITEM FOR DISCUSSION OR SEPARATE VOTE)

51342 Approved as recommended with the exception of Item #38, which was continued to Tuesday, 4/29/03 PUBLIC ASSISTANCE Social Services Agency: 34. Accept the Financial Assistance Award from the Department of Health and Human Services

Administration on Children, Youth and Families for the implementation of the Another Road to Safety Program, 10/1/02 – 9/30/03 ($440,000); and authorize the transfer of grant funds to the Alameda County Children & Families Commission/Every Child Counts Program

FILE 17844 R-2003-441F

35. Authorize contract amendments to be signed by the Agency Director to award one-time-only Title III

B Older Americans Act funds to adjust funding levels for the following agencies, 7/1/02 – 6/30/03: A. Alzheimers Services of the East Bay (Principal: Karen Grimsich; Location: Berkeley),

increasing the amount from $69,221 to $87,821 ($18,600 increase) B. East Bay Korean American Senior Center (Principal: Sung Duk Yang; Location: Oakland),

increasing the amount from $17,582 to $24,835 ($7,253 increase) C. Seton Senior Center (Principal: Sr. Nicole Nguyen; Location: Oakland), increasing the

amount from $20,706 to $30,056 ($9,350 increase) D. Spanish Speaking Unity Council (Principal: Arabella Martinez; Location: Oakland),

increasing the amount from $31,444 to $36,002 ($4,558 increase) E. City of Fremont, increasing the amount from $25,375 to $54,125 ($28,750 increase) F. Lifelong Medical (Principal: Marty Lynch; Location: Berkeley), increasing the amount from

$25,000 to $35,229 ($10,229 increase) G. Spectrum (Principal: Richard Valle; Location: Hayward), increasing the amount from $25,984

to $43,181 ($17,197 increase) H. Bay Area Community Services (Principal: Liz Prince; Location: Oakland/Fremont),

increasing the amount from $47,162 to $56,261 ($9,099 increase) I. Family Bridges (Principal: Corinne Jan; Location: Oakland), increasing the amount from

$36,680 to $49,988 ($13,308 increase) J. Japanese American Services of the East Bay (Principal: Laura Takeuchi; Location: Berkeley),

increasing the amount from $30,500 to $39,280 ($8,780 increase) K. Korean Community Center of the East Bay (Principal: Hun Kim; Location: Oakland),

increasing the amount from $15,512 to $19,766 ($4,254 increase) L. Crisis Support Services of Alameda (Principal: Janet Gorewitz; Location: Berkeley),

increasing the amount from $17,763 to $20,453 ($2,690 increase) M. Lavender Seniors (Principal: Dotty Fowler; Location: San Leandro), increasing the amount

from $10,000 to $18,939 ($8,939 increase)

MINUTES - BOARD OF SUPERVISORS’ MEETING, TUESDAY, APRIL 15, 2003 - PAGE 10

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SUMMARY ACTION MINUTES

N. Life Eldercare (Principal: Christine Do; Location: Fremont), increasing the amount from

$16,443 to $23,142 ($6,699 increase) O. Senior Support Services (Principal: Marlene Peterson; Location: Pleasanton), increasing the

amount from $22,990 to $37,155 ($14,165 increase) P. St. Mary’s Center (Principal: Carol Johnson; Location: Oakland), increasing the amount from

$57,256 to $66,631 ($9,375 increase) Q. Legal Assistance for Seniors (Principal: Richard Cowan; Location: Oakland), increasing the

amount from $113,669 to $132,194 ($18,525 increase) R. City of Emeryville, increasing the amount from $10,000 to $13,633 ($3,633 increase) FILE 17845 36. Authorize the Auditor-Controller to reimburse expenses for three members of the Advisory

Commission on Aging to attend the Annual Coordinated Leadership Conference of the California Association of Area Agencies on Aging, 4/23/03 – 4/25/03, in Orange County ($775 each person)

FILE 17846 37. Approve additional mid-year budget adjustments and contract amendments to CalWORKs

employment services contracts necessary for the fiscal year 2002-2003 ($114,711); and authorize the Agency Director to execute all contract amendments under the master contract process:

A. Asians for Job Opportunities (Principal: Tony Leong, Jr., Ph.D.; Location: Berkeley),

decreasing the amount from $95,092 to $82,203 ($12,889 decrease) B. OPTIONS (Principal: Robert Moody; Location: Oakland), decreasing the amount from

$333,000 to $303,478 ($29,522 decrease) C. Oakland Business Development Corp (Location: Oakland), terminated D. Regional Technical Training Center (Principal: Bernard Ashcraft; Location: Oakland),

decreasing the amount from $195,093 to $136,793 ($58,300 decrease) E. Lao Family Community Development (Principal: Chaosarn S. Chao; Location: Oakland),

increasing the amount from $252,000 to $294,840 ($42,840 increase) F. Life Skills, Inc. (Principal: Charles Ransom; Location: San Leandro), increasing the amount

from $254,881 to $273,338 ($18,457 increase) G. Jobs Consortium for Homeless (Principal: Michael Daniels; Location: Oakland), increasing

the amount from $94,999 to $117,738 ($22,739 increase) H. Women’s Initiative for Self Employment (Principal: Julie Abrams; Location: San Francisco),

increasing the amount from $37,500 to $68,175 ($30,675 increase) FILE 17847 SITTING AS IN-HOME SUPPORT SERVICES PUBLIC AUTHORITY 38. Social Services Agency – Approve an increase to a payrolled personnel services contract with Charles

Calavan (Location: Oakland) for services as the Executive Director of the Public Authority, retroactive to 9/17/02, increasing the amount from $94,000 to $98,000 ($4,000 increase)

Continued to Tuesday, 4/29/03 FILE 17848

MINUTES - BOARD OF SUPERVISORS’ MEETING, TUESDAY, APRIL 15, 2003 - PAGE 11

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SUMMARY ACTION MINUTES

HEALTH CARE SERVICES 39. Authorize the Auditor-Controller to make mid-year budget adjustments for the Public Health Department and

approve position and pay unit changes ($34,575 decrease) FILE 17849

R-2003-442F 40. Approve and authorize the execution of a standard agreement between Oakland Community Partnership

(Principal: Jim Haye; Location: Oakland) and the Public Health Department to provide training for the Community Health Teams on mini-grant program development, 2/1/03 – 6/30/03 ($50,000)

FILE 17850 C-2003-384

41. Receive report on continuing existence of a local state of emergency in Alameda County relative to the

transmission of HIV, Hepatitis C and other blood borne pathogens through the use of contaminated needles FILE 17541 42. Accept and approve a contract with the University of California, San Francisco for Public Health Department,

Community Health Services, Nutrition Services to establish a task force devoted to senior activity in Alameda County, 7/1/02 – 6/30/03 ($8,000); accept the University of California, San Francisco purchase order award ($1,500); and approve related budget adjustments ($563) – (4/5 Vote)

FILE 17851 R-2003-443F C-2003-385

43. Approve the following contracts to continue to provide laboratory testing services to non-County entities for

the Division of Communicable Disease Control and Prevention, Public Health Department: A. La Clinica de la Raza (Principal: Jane Garcia; Location: Oakland), as of 7/1/02 B. Asian Health Center (Principal: Sue Chan, MD; Location: Oakland), as of 7/1/02 C. Children’s Hospital Oakland (Principal: Valerie Roberts; Location: Oakland), as of 7/1/02 D. Santa Cruz County E. St. Rose Hospital (Principal: Michael Mahoney; Location: Hayward), as of 7/1/02 F. Summit Medical Center (Principal: Louis Komarmey, MD; Location: Oakland) G. Tiburcio Vasquez Health Center (Principal: Jose Joel Garcia; Location: Union City), as of 7/1/02 H. Tri-City Health Center (Principal: Kathleen Lievre; Location: Fremont), as of 7/1/02 I. Valley Community Health Center (Principal: Ronald Greenspane; Location: Pleasanton), as of 7/1/02 J. Washington Hospital (Principal: Mary Reynolds; Location: Fremont), as of 7/1/02 K. CAL-PEP (Principal: Gloria Lockett; Location: Oakland), as of 7/1/02 L. Cal State Hayward University, as of 7/1/02 M. Ohlone College, as of 7/1/02 N. Native American Health Center (Principal: Barbara Ramsey, MD; Location: Oakland), as of 11/1/02 O. Las Positas College, as of 1/21/03 P. City of Berkeley, 7/1/00 – 6/30/03 ($73,500) FILE 17852

C-2003-400 - 414

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SUMMARY ACTION MINUTES

44. Approve a standard agreement with the Dental Health Foundation (Principal: Wynne Grossman; Location:

Oakland) for the implementation of the Healthy Kids/Healthy Teeth Project, 2/1/03 – 9/30/03 ($191,458); and approve related budget adjustments – (4/5 Vote)

FILE 17671 R-2003-444F C-2003-386

GENERAL ADMINISTRATION 44A. Supervisor Lai-Bitker – Approve a time-only extension of a purchase order contract with Richard Chen

(Location: Oakland) to provide support services for District Three, 4/1/03 – 4/27/03 FILE 17853 45. Assessor – Approve and authorize the execution of the Agreement/Resolution for State-County Property Tax

Administration Grant Program with the State of California Department of Finance for fiscal year 2002-2003 ($2,152,429); and authorize the Auditor-Controller to establish interest bearing trust fund for the Assessor’s Office – Property Tax Administration Program

FILE 17854 C-2003-387

Auditor-Controller: 46. Accept the annual reports of revolving, overage and cash difference funds as submitted as of 6/30/02 FILE 17855 47. Adopt the Capital Assets Policy FILE 17856 48. Approve and authorize the execution of the agreement with the Alameda-Contra Costa Transit

District for the recovery of costs of collection of special taxes, assessments and charges FILE 17857

C-2003-388 Community Development Agency: 49. Adopt a resolution approving the continuation of Mortgage Credit Certificate Program FILE 17858

R-2003-445 50. Approve a contract with the City of Alameda to implement HUD Round X funding for lead

remediation services, 4/23/03 – 7/31/05 ($125,000); and approve related budget adjustments ($365,000) – (4/5 Vote)

FILE 17859 R-2003-446F C-2003-389

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SUMMARY ACTION MINUTES

General Services Agency: 51. Accept the work of Bluewater Environmental Services (Principal: Chris Kirschenheuter; Location:

San Leandro) for Project Yes interior demolition project, located at 2449 88th Avenue, Oakland FILE 17526 52. Reject all bids for life/safety upgrade at the Alameda County Medical Center, Highland Campus,

1411 East 31st Street, Oakland, Project No. CPP99M2500N0500 FILE 17379 53. Approve the revised plans and specifications for the Berkeley Courthouse remodel, 2120 Martin

Luther King Jr. Way, Berkeley, Project No. CPPX98403200000; and authorize the Clerk of the Board to re-advertise for bids for this project

FILE 17860 Human Resource Services: 54. Approve classification actions taken by the Civil Service Commission on 3/26/03 FILE 17550 55. Approve classification actions taken by the Civil Service Commission on 4/2/03 FILE 17550 56. Information Technology Department and Health Care Services Agency – Approve mid-year budget

adjustments for fiscal year 2002-2003 from Behavioral Health Care Services for the Proposition 36 tracking system ($95,040) – (4/5 Vote)

FILE 17861 R-2003-447F

57. Information Technology Department and Superior Court – Approve mid-year budget adjustments for the

Superior Court’s data center server space ($4,800 recurring monthly charges for fiscal year 2002-2003 and $14,400 for subsequent years) – (4/5 Vote)

FILE 17862 R-2003-448F

Registrar of Voters: 58. Approve a request from Byron Bethany Irrigation District the change its election date to November

of even numbered years and direct to the Registrar of Voters to inform all voters in the district of the change

FILE 17863 59. Approve a request from the Castro Valley Sanitary District the change its election date to November

of even numbered years and direct to the Registrar of Voters to inform all voters in the district of the change

FILE 17863

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SUMMARY ACTION MINUTES

60. County Administrator – Approve the renewal of the Memorandum of Understanding with the Alameda Local

Agency Formation Commission for staff and services, 7/1/03 – 6/30/05 FILE 17864

C-2003-390 PUBLIC PROTECTION 61. District Attorney – Approve a contract amendment with CMC Training & Consulting, Inc. (Principal:

Catherine Wool; Location: Oakland) for various modifications and enhancements to the District Attorney’s DALITE system, increasing the amount from $341,600 to $370,720 ($29,120 increase); and authorize a mid-year increase in appropriations to be offset by Fiscal Management Reward Savings – (4/5 Vote)

FILE 17865 R-2003-449F C-2003-391

62. District Attorney and General Services Agency – Authorize the Clerk of the Board to advertise for bids for

the District Attorney’s video studio relocation project, 1225 Fallon Street, Second Floor, Oakland, Project No. CPP02M522500000

FILE 17866 Fire Department: 63. Approve and authorize the Purchasing Agent to increase the purchase order contract with L.N. Curtis

(Location: Oakland) in order to allow for purchases of safety equipment through the end of the 2002-2003 fiscal year, increasing the amount from $250,000 to $335,000 ($85,000 increase)

FILE 17605 64. Approve and authorize the Purchasing Agent to increase the purchase order contract with Exchange

Linen (Principal: Larry Brune; Location: San Jose) in order to allow for continuing service through the end of the 2002-2003 fiscal year, increasing the amount from $45,000 to $75,000 ($30,000 increase)

FILE 17605 65. Approve and authorize the transfer of $850,000 from Salaries and Benefits to Services and Supplies

in order to fund Fire Department operational requirements for 2002-2003 – (4/5 Vote) FILE 17867

R-2003-450F 66. Probation – Authorize the Chief Probation Officer to apply to the California Board of Corrections for

continuation funding under the Juvenile Justice Crime Prevention Act for $4,934,273 in State funds; and adopt a resolution continuing the Juvenile Justice Coordinating Council, with the Chief Probation Officer as Chair, and making assurances of compliance with the required terms for funding

FILE 17868 R-2003-451

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SUMMARY ACTION MINUTES

PUBLIC WORKS 67. Accept the Final Map, Tract 6771 for construction of tract improvements at 23614-23670 Maud Avenue,

Hayward; and authorize the execution of a contract with Altima Contracting Ltd., Inc. (Principal: Dave Atwal; Location: Hayward)

FILE 17869 C-2003-392

68. Accept the Final Map, Tract 7365, located at 18803 Parsons Avenue, Castro Valley, Eden Township; and

authorize the execution of a contract with Polyzos Family Investments (Principals: Theodore Polyzos & Mary Ann Polyzos, Kathryn E. Polyzos & Stephanie V. Polyzos, George T. Polyzos & Theodore N. Polyzos; Location: Castro Valley) for construction of tract improvements

FILE 17869 C-2003-393

69. Approve the project and authorize the Clerk of the Board to advertise for bids for the repair of curb, gutter,

and sidewalk and the construction of a traffic island and pedestrian ramps in Eden Township, Specification No. 1977

FILE 17870 R-2003-452

70. Accept and approve the plans and specifications and authorize the Clerk of the Board to advertise for bids for

the resurfacing of portions of various roadways in the unincorporated areas of Alameda County, Specification No. 1961

FILE 17871 R-2003-453

71. Accept and approve the plans and specifications and authorize the Clerk of the Board to advertise for bids for

the slurry seal surfacing of approximately 7.1 kilometers of various roadways in the unincorporated areas of Alameda County, Specification No. 1964

FILE 17872 R-2003-454

PERSONNEL, ADMINISTRATION AND LEGISLATION (PAL) BOARD COMMITTEE 72. PAL Board Committee Recommends: Approve legislation issues referred to the full Board of Supervisors A. H.R. 119 (Hefley) The Harmful Invasive Weed Control Act of 2003 Recommendation: Support B. ACA 10 (Harmon) Local Government Property: Related Fees Recommendation: Support C. AB 437 (Matthews) Inter-Regional Partnership Pilot Project Recommendation: Support D. AB 723 (Matthews) Jobs-Housing Opportunity Zones Recommendation: Support

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SUMMARY ACTION MINUTES

E. AB 422 (Chan) Child Development Permits Recommendation: Support F. AB 1326 (Simitian) Child Care Subsidies: County of San Mateo: Pilot Recommendation: Neutral Position G. SB 1070 (Chesbro) Budget Act of 2002: Contingencies or Emergencies Recommendation: Support (Pending PAL Approval) FILE 17821 BOARDS AND COMMISSIONS 73. Supervisor Haggerty – Appoint Mr. Lalit Mathur to the Human Relations Commission, term ending 4/15/06 FILE 17819 74. Supervisor Miley: A. Reappoint Barbara Douglass to the Status of Women Commission, term ending 5/31/05 B. Reappoint Robert Swanson to the Housing and Community Development Advisory Board, term

ending 1/1/06 C. Reappoint Harry Francis to the Alameda County Fire Advisory Commission, term ending 6/30/05 D. Appoint Angelica Arrospide to the Public Health Advisory Board, term ending 6/30/05 E. Reappoint Jacqueline Gordon to the Assessment Appeals Board, term ending 9/2/05 FILE 17819

END OF CONSENT OUT-OF-STATE TRAVEL Auditor’s Agency – Malinda Jones-Williams, Division Chief, and Frederick Garcia, Assistant Recorder,

Clerk-Recorder’s Office – “18th Annual Conference Association for Title Information Management” – Seattle, Washington, 4/28/03 – 4/30/03 (No Net County Cost)

Library – Paula Greer, Supervising Clerk I, “American Library Association 3rd Congress on Professional

Education” – Glen Ellyn, Illinois, 5/15/03 – 5/18/03 (No Net County Cost) Community Development Agency: Maricela Foster, Director, Health Services; Dennis Jordan, Supervising Industrial Hygiene Engineer;

Mark Allen, Director of Housing Services; and Dale Hagan, Construction Manager – “Housing and Urban Development Existing Grantee Conference” – Washington D.C., 4/8/03 – 4/10/03 (No Net County Cost)

Dennis Jordan, Supervising Industrial Hygiene Engineer – “American Industrial Hygiene Conference

and Exposition” – Dallas, Texas, 5/9/03 – 5/16/03 (No Net County Cost)

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SUMMARY ACTION MINUTES

Public Works Agency – Michael S. Wolfe, Associate Right of Way Agent – “International Right of Way

Association Education Conference” – Kansas City, Missouri, 6/15/03 – 6/20/03 (No Net County Cost) Sheriff: Anthony Owens, Animal Control Supervisor - “Animal Care Exposition, Humane Society of the

United States” – Reno, Nevada, 4/2/03 – 4/3/03 ($780.20 Net County Cost) James Garrigan, Deputy Sheriff II/Detective – America’s Most Wanted – Washington, D.C., 4/11/03

– 4/13/03 ($300 Net County Cost) Jumana Latif, Criminalist III – National Institute of Justice Fourth Annual DNA Grantees’

Workshop” – Washington, D.C., 6/23/03 – 6/25/03 (No Net County Cost) Dennis G. Scheuller, Commander – Large Jail Network Meeting – Longmont, Colorado, 7/13/03 –

7/15/03 ($394.66 Net County Cost) Sharon A. Smith, Supervising Criminalist – DNA Academy – Largo, Florida, 7/17/03 – 7/19/03 (No

Net County Cost) Cindy W. Lewis, Criminalist – DNA Academy – Largo, Florida, 7/17/03 – 7/19/03 and 8/18/03 –

11/7/03 (No Net County Cost) Michelle Dilbeck, Criminalist I – National Firearms Examiner Academy – Beltsville, Maryland,

7/28/03 – 11/7/03 and 3/1/04 – 3/12/04 (No Net County Cost) Social Services Agency – A. Glenn Wallace, Interim Division Director - Juvenile Fundamentals Training

Program #1 – Philadelphia, Pennsylvania, 4/1/03 – 4/5/03 (No Net County Cost) County Administrator – Keith Sutton, Economic Development Analyst – BIO 2003 Trade Show –

Washington, D.C., 6/21/03 – 6/25/03 ($1,300 Net County Cost) FILE 17820/17873

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MINUTES - BOARD OF SUPERVISORS’ MEETING, TUESDAY, APRIL 15, 2003 - PAGE 19

CLAIMS AND PAYMENTS

Claims and payments for the weeks ending Tuesday, April 8, 2003 and Tuesday, April 15, 2003. No further business appearing, the meeting is adjourned. REVIEWED BY:___________________________________________________ PRESIDENT, BOARD OF SUPERVISORS REVIEWED BY:___________________________________________________ CLERK, BOARD OF SUPERVISORS

** KEY **

Left Margin Notes Right Margin Notes 1 Supervisor Haggerty A Abstained C Contract 2 President Steele X Excused O Ordinance 3 Supervisor Lai-Bitker N No R Resolution 4 Supervisor Miley BO Board Order LIB Library 5 Supervisor Carson

File # Min04_15_03 lt