BOARD OF SUPERVISORS

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1 BOARD OF SUPERVISORS Regular Meeting Tuesday, March 21, 2006 COUNTY ADMINISTRATION BUILDING SCOTT HAGGERTY, VICE-PRESIDENT DISTRICT 1 SUPERVISORS CHAMBER GAIL STEELE DISTRICT OAK STREET ALICE LAI-BITKER DISTRICT 3 FIFTH FLOOR, ROOM 512 NATE MILEY DISTRICT 4 OAKLAND, CALIFORNIA KEITH CARSON, PRESIDENT DISTRICT 5 SUSAN S. MURANISHI COUNTY ADMINISTRATOR RICHARD E. WINNIE 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) 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. The Board of Supervisors meetings are wheelchair accessible. Call (510) (voice) or (510) (TDD) to request a sign-language interpreter. Five working days notice is required. If you have questions regarding the agenda, please call (510) Attention: The Alameda County internet address is All regular Board of Supervisors meetings held in the Board Chamber can be heard live on the Board s web page. In order to log on, please do the following: click on the County s homepage as noted above and click on the Board of Supervisors Meeting - LIVE! Broadcast link. You may also access archived audio recordings, meeting agenda and minutes, as well as meeting dates on the Board s web page All documents are archived on the web page for a period of 6 months. Normally, the Board meets on Tuesdays and their meeting begins no earlier than 10:30 a.m. and may begin later, depending on the Closed Session, which normally begins at 9:00 a.m. AGENDA - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 21, PAGE 1

2 9:00 A.M. CALL TO ORDER AND SALUTE TO FLAG APPROVE MINUTES OF REGULAR MEETING: TUESDAY, MARCH 14, 2006 CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS Agency Negotiators: Employee Organizations: Denise Eaton-May and Keith Fleming All Labor Organizations Agency Negotiators: Denise Eaton-May and Keith Fleming Employee Organization: Service Employees International Union, Local 616 Agency Negotiators: Employee Organization: Agency Negotiators: Employee Organization: Denise Eaton-May and Keith Fleming International Federal of Professional and Technical Engineers, Local 21 Denise Eaton-May and Keith Fleming Unrepresented Management CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Initiation of litigation pursuant to Subdivision (c) of Government Code : (Five Cases) Significant exposure to litigation pursuant to Subdivision (b) of Government Code : (Four Cases) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Name of Case: Fitzgerald v. County of Alameda, et al., Alameda County Superior Court No. RG Name of Case: Mendez v. County of Alameda, et al., U. S. District Court Action No. CO PJH 10:30 A.M. - SET MATTERS 1. CONSENT CALENDAR (See Appendix, Item Numbers 26-41) AGENDA - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 21, PAGE 2

3 10:30 A.M. - REGULAR CALENDAR PROCLAMATIONS/COMMENDATIONS 2. President Carson Welcomes the National Collegiate Athletic Association 2006 Division I Men s Basketball Regional Championship March Madness being held at the Arena in the Oakland-Alameda County Complex and commends the NCAA for its progressive athletic and educational programs for student athletes and its member institutions 2A. Health Care Services Agency Proclaim May 14-20, 2006 as Emergency Medical Services Week and approve the expenditure of $5,000 for cost during the week s celebration CAO Recommends: Approve BOARD OF SUPERVISORS REMARKS HEALTH CARE SERVICES 3. Approve in principle an augmentation for a capital grant between Alameda County and East Oakland Community Project (Principal: Wendy Jackson; Location: Oakland) to support the construction of a 125-bed shelter and support service facility located at International Boulevard, Oakland, increasing the amount from $400,000 to $1,050,000 ($650,000 increase) CAO Recommends: Approve 4. Approve the following recommendations related to the Capital Infrastructure Improvements to th Street Building, Oakland: A. Declare the vacant space at the th Street, Oakland, facility as excess to county needs B. Authorize up to $1,850,000 of Tobacco Master Settlement Reserves to support capital infrastructure improvements C. Stipulate that should excess space be assigned to other County departments/agencies the Tobacco Master Settlement commitment will be reduced and that the other County departments will contribute to the infrastructure improvements proportionate to their space usage D. Accept the Memorandum of Understanding between General Services Agency and Health Care Services Agency allowing Health Care Services Agency to house its contractors, to include the AIDS Project of the East Bay and California Prevention and Education Project and authorize the Agency s Directors to execute E. Accept the occupancy agreements between Health Care Services Agency and AIDS Project of the East Bay and California Prevention and Education Project that would include access to the facility for their offices, effective 5/1/06; and authorize the Health Care Services Agency Director to execute the agreements F. Stipulate that use of this facility is subject to conditions defined by the County of Alameda and that the County reserves the sole right to convert or sell this property for other purposes and that the General Services Agency and/or Health Care Services Agency Directors can terminate occupancy with a 30 day notice should the occupant act in an egregious manner or violate the law; and G. Approve the community-based provider criteria and selection process in order to be considered for an occupancy agreement (sub-lease) at the th Street facility CAO Recommends: Approve AGENDA - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 21, PAGE 3

4 GENERAL ADMINISTRATION 4A. Supervisor Haggerty Approve a Fiscal Agreement between the County of Alameda and the City of Livermore Regarding Altamont Landfill Host Community Impact Fees 4B. Supervisor Miley Support the application by Union City to the Metropolitan Transportation Commission to release design funds for the Segment G rail project Transportation/Planning Board Committee Recommends: Approve 5. Auditor-Controller Public hearing for the adoption of the appropriation limits and appropriations subject to limitation CAO Recommends: Approve 6. Community Development Agency Approve and authorize the execution of a contract in HOME Community Housing Development Organization funds with Dublin Transit Site A-2, LP (Principal: Matt Steinle; Location: San Rafael) to develop the Dublin Transit Village Apartments, 112 units of new affordable housing for low-income households in the City of Dublin, 3/1/06 12/31/08 ($320,653) CAO Recommends: Approve General Services Agency: 7. Authorize the Purchasing Agent to negotiate and sign a three-year contract with American Telesource, Inc. (Principal: Mark Seeba; Location: Emeryville) to provide interactive voice response and computer telephony integration (IVR-CTI) services, 4/1/06 3/31/09 ($560,478) Continued from Tuesday, 3/14/06 (Item #18) and revised 8. Authorize the Purchasing Agent to negotiate and sign contracts with the following contractors to provide Countywide security guard and patrol services in response to Request for Quotation No /ST/05, 5/1/06 4/30/08 ($2,454,948 for three year period): A. ABC Security Services, Inc. (Principal: Ana Chreitien; Location: Oakland) to provide elite stationary and elite patrol services ($523,089); B. Securitas Security Services USA, Inc. (Principal: Kelly Stone; Location: Oakland) to provide roving patrol services ($32,256); and C. TLG, Inc. (Principal: Ian McDonnell; Location: Newark) to provide stationary guard services with foot patrol ($1,899,603) CAO Recommends: Approve 9. Approve a five-year lease agreement with T-Mobile USA, aka Omnipoint Communications, Inc. (Principal: Jim Sullivan; Location: Concord) for a wireless communication installation at the Eden Township Sheriff s Substation at Foothill Boulevard, San Leandro ($20,400 with 3% increases in each subsequent year) CAO Recommends: Approve 10. Authorize the Purchasing Agent to negotiate and sign a contract with Coit Commercial Services (Principal: Robert L. Kearn; Location: Burlingame) to provide carpet upholstery and drapery cleaning services, 4/1/06 3/31/09 ($136,753) CAO Recommends: Approve AGENDA - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 21, PAGE 4

5 11. Approve the following recommendations related to the construction of a 1 mw Fuel Cell Energy Center Project at Santa Rita Jail, 5325 Broder Boulevard, Dublin, Project No. CPP05E ; and authorize the Agency Director to: A. Authorize by adopting a resolution to apply for loan funding at a revised rate of 4.5% interest from the California Energy Commission B. Accept up to $704,000 in California Energy Commission loan augmentation funding; and C. Accept up to $1,200,000 in additional loan funding for energy efficiency measures at the revised interest rate CAO Recommends: Approve 12. General Services Agency and Superior Court of California Approve the following recommendations related to the Hayward Hall of Justice Room 104 Clerk s Office remodel project at Amador Street, Hayward, Project No. CPP06R : A. Amend the approved fiscal year Capital Improvement Plan B. Approve the award of a professional service agreement to Marcy Li Wong Architects (Principal: Marcy Li Wong; Location: Berkeley) for architectural/engineering design services ($70,340) C. Approve the encumbrance of an additional $7,034 as a Supplemental Work Allowance for a total encumbered amount of $77,374; and authorize the Director of General Services Agency to issue change orders, as necessary against the Supplemental Work Allowance D. Authorize the General Services Agency Director to prepare the proper documents, have said documents reviewed and approved by County Counsel for execution by the Agency s Director E. Authorize the General Services Agency to advertise for construction bids, and approve the Agency to apply an Enhanced Construction Outreach Program F. Authorize the General Services Agency Director to receive bids for this project and to present a summary of the bid results and an award recommendation to the Board; and H. Authorize the Auditor-Controller to increase fiscal year appropriations and offsetting revenue by $77,374 in the Capital Project Budget; and make budgetary adjustments CAO Recommends: Approve (4/5 Vote) Human Resource Services: 13. Second reading and adoption of a salary ordinance amendment establishing three new job classes and creating a salary range for an existing classification with salary administration criteria, adjusting the salary range for an existing classification, adding two new footnotes and revising an existing footnote, and increasing salaries for employees represented by the Building Trades Council Continued from Tuesday 3/14/06 (Item #21) for second reading 14. First reading and introduction of an ordinance amending the December 23, 2001 to December 27, 2009 Memorandum of Understanding Addendum between the Alameda County Management Employees Association, General Government Representation Unit 075 CAO Recommends: Approve 15. Authorize the Purchasing Agent to negotiate and execute a time-only contract amendment with Boss Effectiveness Institute (Principal: Brenda Mabry; Location: Oakland) to complete ongoing organizational development and training projects, extending the term from 11/1/05 to 9/30/06, with no change in the contract amount CAO Recommends: Approve 16. Treasurer-Tax Collector Authorize the Treasurer-Tax Collector to sell for $13, by agreement, to the Housing Authority of the City of Oakland the tax-defaulted property, Parcel Number , located at 81 st Avenue, Oakland, which is subject to the Tax-Collector s Power of Sale CAO Recommends: Approve AGENDA - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 21, PAGE 5

6 17. Community Development Agency and Public Works Agency Approve a resolution making the findings required under Health and Safety Code Section that: (a) implementation of the Redevelopment Sidewalk Repair Program is of benefit to the Eden Area Redevelopment Project and the immediate surrounding neighborhoods; (b) no other reasonable means of financing a portion of the public improvement is available to the community; and (c) the Alameda County Redevelopment Agency s contribution to the cost of the public improvement will assist in the elimination of one or more blighting conditions in the project area; and approve and authorize the execution of an agreement between the Alameda County Redevelopment Agency and the Alameda County Public Works Agency for the sidewalk repair program for the San Lorenzo Sub-Area, 4/1/06 6/30/08 ($300,000) CAO Recommends: Approve SITTING AS THE REDEVELOPMENT AGENCY 18. Community Development Agency Authorize the allocation of tax increment for the implementation of the Redevelopment Sidewalk Repair Program ($300,000); and approve and authorize the execution of an agreement with Alameda County Public Works Agency for the sidewalk repair program for the San Lorenzo Sub-Area, 4/1/06 6/30/08 CAO Recommends: Approve PUBLIC PROTECTION Sheriff: 19. Approve a contract with Livermore Valley Winegrowers Foundation (Principal: Sblend Sblendorio; Location: Livermore) for law enforcement services at the PGA Nationwide Golf Championship, 3/27/06 4/2/06 CAO Recommends: Approve 20. Approve appropriations in the amount of $1,235,000, offset by Fiscal Management Reward Savings, for the following hands free patrol car system ($625,600); master plan for the Regional Training Center ($75,000); additional Sheriff s academy ($177,400); geotechnical and other required costs for Fairmont Animal Shelter relocation ($335,000); and invoice from closed Fiscal Year purchase order ($22,000) CAO Recommends: Approve (4/5 Vote) 20A. Authorize the Sheriff to execute three contracts with the Commission on Peace Office Standards Training (POST), a State agency in which the Alameda County Sheriff s Office will agree to provide the following training services for which the Sheriff will be compensated by POST, 7/1/05 6/30/06: A. Motorcycle and driving training ($193,435) B. Presentations of the POST Supervisory Course training to California law enforcement personnel ($16,290) C. Driving Simulator and Force Option Simulator training ($189,600) CAO Recommends: Approve (4/5 Vote) PUBLIC WORKS 21. Second reading and adoption of an ordinance amending the Alameda County Public Works Traffic Code relating to Vehicles and Traffic, which includes one change to Chapter 1, Article 20, relating to Disabled Persons and Veterans Parking Zones in the Hayward area Continued from Tuesday, 3/14/06 (Item 30) for second reading AGENDA - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 21, PAGE 6

7 FLOOD CONTROL 22. Second reading and adoption of an ordinance repealing Chapter of the Alameda County General Ordinance Code and replacing it with a revised Chapter regarding Watercourse Protection Continued from Tuesday, 3/14/06 (Item #34) for second reading 23. Approve and authorize the execution of an agreement with Phillip Williams and Associates, Ltd. (Principal: Steve Terusaki; Location: Oakland) to provide professional engineering services related to the integration of three estuarine flood control channels with the South San Francisco Bay Salt Pond Restoration Project in Hayward, Union City and Fremont, Zones 3A, 5 and 6, 4/1/06 4/1/09 ($869,922) CAO Recommends: Approve 11:00 A.M. - SET MATTERS BOARD OF SUPERVISORS APPRECIATION PROGRAM 24. President Carson Recognizing the following employees for their daily contributions in conducting County business and providing public service A. Joshue Casenas, County Administrator s Office B. Eleanor Urbi, Department of Child Support Services C. Fe Y. Corpuz, County Counsel Office GENERAL ADMINISTRATION 25. Presentation by the First Five Alameda County Commission COUNTY COUNSEL: REPORT ON ACTION TAKEN IN CLOSED SESSION PUBLIC INPUT (TIME LIMIT: 3 MINUTES PER SPEAKER) ADJOURNMENT NEXT MEETINGS: MARCH 28, 2006 BOARD RETREAT APRIL 4, 2006 REGULAR CALENDAR APRIL 6, 2006 PLANNING CALENDAR APRIL 11, 2006 REGULAR CALENDAR AGENDA - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 21, PAGE 7

8 APPENDIX CONSENT CALENDAR - ITEM NUMBERS (ANY BOARD MEMBER MAY PULL ANY CONSENT ITEM FOR DISCUSSION OR SEPARATE VOTE) PUBLIC ASSISTANCE 26. Social Services Agency Approve a master contract amendment with the Alameda County Homeless Action Center (Principal: Patricia Wall; Location: Berkeley) to provide new SSI Advocacy services to CalWORKs participants, 7/1/05 6/30/06, increasing the amount from $69,773 to $92,798 ($23,025 increase); and authorize the Agency Director to execute the contract amendment under the master contract process CAO Recommends: Approve HEALTH CARE SERVICES 27. Approve the following recommendations related to the Comprehensive Drug Court Implementation Program grant award: A. Approve the grant to provide services for offenders with alcohol and other drug related problems, 12/29/05 12/28/06 B. Approve rollover from the grant ($364,920); and C. Approve related budget adjustments (4/5 Vote) 28. Approve the following recommendations related to the Federal Substance Abuse and Mental Health Services Administration Block Grant for fiscal year : A. Approve the grant to continue funding the severely mentally ill adults, the dually diagnosed homeless population and the severely emotionally disturbed youth B. Approve rollover from the grant ($525,328); and C. Approve related budget adjustments (4/5 Vote) 29. Approve the expenditure of County funds for the Public Health Partners Awards Ceremony to recognize distinguished individuals involved in the public health effort to be held on April 6, 2006 ($2,200) 30. Approve the following recommendations to continue to provide counseling and case management services to CalWORKs recipients who are victims of domestic violence, 7/1/05 6/30/06: A. G.O.A.L.S. for Women (Principal: Gwen Wilson; Location: Oakland), increasing the amount from $147,720 to $168,361 ($20,641 increase) B. Family Violence Law Center (Principal: Cherri N. Allison; Location: Oakland), increasing the amount from $60,000 to $69,000 ($9,000 increase) 31. Accept, approve and authorize the execution of a standard services agreement between First Five Alameda County (Principal: Mark Friedman; Location: San Leandro) and Public Health Department to provide ongoing access of the ECChange core system and Universal Individual Time Card module, 3/1/06 6/30/08 ($224,100) AGENDA - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 21, PAGE 8

9 32. Health Care Services Agency and General Services Agency Approve the eighth lease modification with Embarcadero Business Park, LLC (Principal: Theodore A. Eden; Location: San Francisco) for additional tenant improvement costs for Behavioral Health Care Services at 2000 Embarcadero, Suite 201, Oakland, 7/1/06 6/30/07 ($67,612) GENERAL ADMINISTRATION 33. Auditor- Controller Agency and General Services Agency Authorize the Purchasing Agent to negotiate and sign time-only amendments to extend Audit Services Pool contracts with the following firms, 3/25/06 3/24/07: A. Patel & Associates (Principal: Ramesh Patel; Location: Oakland) B. Williams Adley and Company (Principal: Robert Griffin; Location: Oakland) C. Hughes and Mansuetto (Principal: Rodney G. Hughes; Location: Oakland) D. Ravinder Singh and Associates (Principal: Ravinder Singh; Location: Oakland) E. C.G. Uhlenberg and Company (Principal: Jeffery Ira; Location: Fremont) 34. Human Resource Services Approve classification actions taken by the Civil Services Commission on 3/1/ Human Resource Services and General Services Agency Authorize the Purchasing Agent to negotiate and execute a contract amendment with Industrial Employers and Distributors Association (Principal: Keith Fleming; Location: Emeryville) to continue to provide labor relations consulting and negotiating services, extending the term from 4/1/06 to 6/30/06, increasing the amount from $681,418 to $726,418 ($45,000 increase) 36. Treasurer-Tax Collector Authorize the Auditor-Controller to reimburse the County Treasurer in the amount of $4, due to counterfeit warrants cashed over the counter by Union Bank PUBLIC PROTECTION 37. Sheriff Authorize the Sheriff to accept grant award funding in the amount of $608,183 from the State of California, Office of Traffic Safety, 2/1/06 1/31/09; and approve the use of the Alameda County pre-paid tuition and travel process by participating members of the Avoid the 21 Driving Under the Influence enforcement campaign; and approve related budget adjustments (4/5 Vote) Sheriff and General Services Agency: 38. Approve mid-year budget adjustments for the use of Citizen s Option for Public Safety (COPS) tenth year funding to purchase three motorcycles for law enforcement services ($56,504) (4/5 Vote) 39. Approve transfer of $62,832 from the Trust Fund Sheriff-Writ Fees GC to the General Services Agency to facilitate the purchase of two vehicles (4/5 Vote) PUBLIC WORKS 40. Accept the Final Map, Tract 7624, located in the unincorporated area of San Leandro for 7-unit condominium conversion AGENDA - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 21, PAGE 9

10 41. Adopt a resolution to establish the temporary closure of portions of Paseo Grande, Via Alamitos, and Grant Avenue in San Lorenzo on Saturday, between the hours of 7:30 a.m. and 9:00 a.m., for the San Lorenzo Little League Parade on Saturday, 3/25/06 END OF CONSENT OUT-OF-STATE TRAVEL Community Development Agency Assistant Planning Director American Planning Association s 2006 National Planning Conference San Antonio, Texas, 4/22/06 4/26/06 ($2,500 Net County Cost) Fire Department Assistant Chief Technical Committee on Structural and Proximity Firefighting Protection Clothing and Equipment National Fire Protection Association Quincy, Massachusetts, 3/21/06 3/24/06 (No Net County Cost) General Services Agency Child Care Coordinator Children s Defense Fund Emerging Leaders Spring Symposium Washington, D.C., 4/1/06 4/4/06 ($100 Net County Cost) Sheriff: Supervising Criminalist American Society of Crime Lab Directors Inspection Baltimore, Maryland, 3/11/06 3/17/06 (No Net County Cost) Captain Commission on Accreditation for Law Enforcement Agencies Conference Jacksonville, Florida, 3/21/06 3/26/06 ($1, Net County Cost) File # P:\agenda\ag.min\ag rb AGENDA - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 21, PAGE 10