BOARD OF SUPERVISORS

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1 BOARD OF SUPERVISORS Regular Meeting Tuesday, March 22, 2005 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 10:00 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 22, PAGE 1

2 9:00 A.M. CALL TO ORDER AND SALUTE TO FLAG APPROVE MINUTES OF PLANNING MEETING: THURSDAY, MARCH 3, 2005 REGULAR MEETING: TUESDAY, MARCH 8, 2005 CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS Agency Negotiators: Employee Organizations: Agency Negotiator: Employee Organization: Denise Eaton-May and Keith Fleming All Labor Organizations Denise Eaton-May Unrepresented Mangement 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: County of Alameda v. N.V. Heathorn, et al, Superior Court, County of Alameda, No :00 A.M. - SET MATTERS 1. CONSENT CALENDAR (See Appendix, Item Numbers 30-54) GENERAL ADMINISTRATION 2. County Administrator Public hearing for the $4,500,000 Industrial Development Bond issue for the Mark H. K. Chim and Marilyn M. Chim (Convergent Laser Technologies) project; approve the minutes and adopt an approving resolution AGENDA - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 22, PAGE 2

3 10:00 A.M. - REGULAR CALENDAR PROCLAMATIONS/COMMENDATIONS President Carson: 3. Approve a proclamation honoring County Heroes and proclaim April 10 through April 16, 2005 as National County Government Week 4. Approve a proclamation designating March 2005 as Women s History Month 5. Supervisor Haggerty Proclaim March 20 through March 26, 2005 as Agriculture Week 6. Social Services Agency Approve a proclamation declaring April 2005 as Alameda County Child Abuse Prevention Month BOARD OF SUPERVISORS REMARKS PUBLIC ASSISTANCE 7. Department of Child Support Services Approve and authorize a contract extension with Print N Mail Inc. (Principal: Gary Meeks; Location: Yreka) to continue to provide web based e-commerce and print and mail services, extending the term date from 3/31/05 to 4/30/06, and increasing the amount from $198,897 to $295,838 ($96,941 increase) CAO Recommends: Approve HEALTH CARE SERVICES 8. Approve a contract with the Family Violence Law Center (fiscal agent for CalWORKs Domestic Violence Collaborative) (Principal: Julie Arno; Location: Oakland) to continue to provide counseling services to CalWORKs recipients who are victims/survivors of domestic violence, 7/1/04 6/30/05 ($60,000) CAO Recommends: Approve 9. Accept the State Department of Rehabilitation Cooperative Agreement for expanded vocational support services in the amount of $696,151 and authorize the Director of Behavioral Health Care Services to sign the agreement, prepare and submit any and all required documents and authorize to pay a county match of $101,000; and approve related budget adjustments CAO Recommends: Approve (4/5 Vote) AGENDA - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 22, PAGE 3

4 9A. Approve the following recommendations for allocation of the Public Health Department Measure A funds for departments: A. Approve the allocation of Measure A funds in the amount of $1,018,417 to fund a broad-based initiative focused on the prevention of chronic disease and injuries, obesity, the reduction of health disparities, and the improvement of health school children, 1/1/05 6/30/05; B. Approve and authorize the Auditor-Controller to make the necessary appropriation adjustments; C. Approve and authorize pay unit adjustments; D. Approve a waiver of the policy that all indirect costs must be reimbursed to the County and use the County s indirect costs in the amount of $3,849 as in kind match as allowed by the funder; and E. Approve in principle contract amounts for the following community-based organizations to be funded by Measure A, 4/1/05 6/30/05: 1. Children s Hospital Oakland & Research Institute (Principal: Mindy Benson; Location: Oakland) to provide asthma education and clinical services to uninsured asthmatic children ($10,000) 2. Dental Health Foundation (Principal: Wynne Grossman; Location: Oakland) for continuation of programs services for Federal Demonstration Program to increase access to dentals services for children age 0-5 years receiving Medi-Cal ($34,250) 3. Sports 4 Kids (Principal: Jill Violett; Location: Oakland) to provide physical education training to elementary teachers ($11,667) CAO Recommends: Approve (4/5 Vote) 9B. Approve the following recommendations for distribution of Measure A funds to Alameda County School- Based/Linked Health Centers: A. Approve the Measure A Expenditure Plan for fiscal year , and ; B. Approve the Auditor-Controller s Office issuance of Measure A funds reimbursements to School- Based/Linked Health Center providers as direct claim payments ($220,000) in fiscal year ; C. Designate $190,000 to create a capital and technology improvement reserve for projected future expenditures in infrastructure improvement projects at 11 existing and 2 new centers by fiscal year ; D. Authorize the Purchasing Agent to execute six standard agreements with providers for one-time only projects, 3/1/05 6/30/05 ($298,256); and E. Approve related budget adjustments CAO Recommends: Approve (4/5 Vote) 10. Approve and authorize the execution of a contract with the Center for Applied Local Research (Principal: Tom Foster; Location: Richmond) to provide evaluation services for the Safe and Drug-Free Schools and State Incentive grant for reduction of binge drinking-related problems among youth and young adults, 3/1/05 12/31/05 ($40,000) CAO Recommends: Approve 11. Health Care Services Agency and General Services Agency Approve a fifteen-year lease agreement with Eastmont Oakland, LLC (Principal: Jack Sumski; Location: Oakland) for 45,051 square feet of office space at 7200 Bancroft Avenue, Suite 125, Oakland, for Behavioral Health Care Services adult and children s programs consolidation at a cost of ($315,357) for 7 months of CAO Recommends: Approve AGENDA - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 22, PAGE 4

5 GENERAL ADMINISTRATION 12. Supervisor Lai-Bitker First reading and introduction of an ordinance amending Chapter 6.60 of the Alameda County Ordinance Code relating to noise 13. General Services Agency Approve a five-year license agreement with Diamond Diesel Services, Inc. (Principal: Terrence D. Moore; Location: Oakland) for use of the County s 11,880 square feet parking lot at 2530 E. 12 th Street, Oakland for parking and storing its company-authorized vehicles, compressor and storage containers, 4/1/05 3/31/10 ($1,000 per month with an annual escalation of 3%) CAO Recommends: Approve Human Resource Services: 14. Second reading and adoption of an ordinance amending the Alameda County Administrative Code: (1) adding section , when in-lieu holiday time off may be taken, and (2) amending section , when compensating time off may be taken Continued from Tuesday, 3/8/05 (Item #3) for second reading 15. Second reading and adoption of a salary ordinance amendment establishing a new job class in the General Services Agency, and establishing a new class with salary administration criteria in the Social Services Agency Continued from Tuesday, 3/8/05 (Item #4) for second reading 16. First reading and introduction of a salary ordinance amendment revising a salary schedule for a job class in the Social Services Agency and revising a footnote in the Sheriff s Office CAO Recommends: Approve 17. First reading and introduction of an ordinance amending the September 16, 2001 to September 25, 2005 Memorandum of Understanding with the Alameda County Building and Construction Trades Council, amending the Preamble, Section 34, term of memorandum to extend the term to December 15, 2007, and Section 11, wages to change the salary increase date from September 12, 2004 to March 12, 2006 and January 14, 2007 CAO Recommends: Approve 18. Adopt two Sideletters of Agreement with the Alameda County Building and Construction Trades Council approving: A. Health benefits co-payments; and B. Wages survey jurisdictions CAO Recommends: Approve 19. Approve and authorize the execution of a contract with UnumProvident for eligible employees to purchase Voluntary Short-term Disability, Long-term Disability and/or Critical Illness policies, effective 4/1/05 CAO Recommends: Approve 20. Information Technology Department Approve fiscal year budget adjustments to provide technology services for various departments ($142,936 for fiscal year and $15,400 for subsequent years) (4/5 Vote) Continued from Tuesday, 3/8/05 (Item #11) for 4/5 vote AGENDA - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 22, PAGE 5

6 21. County Administrator, Treasurer and General Services Agency Approve the following recommendations for hotel/lodging tax audit services: A. Authorize the Purchasing Agent to negotiate and the President of the Board of Supervisors to sign contract documents with MBIA MuniServices Company (Principal: Marc Herman; Location: Fresno), 4/1/05 3/31/08 ($35,000); and B. Adopt a resolution granting authority to HdL Companies (Principal: Lloyd de Llamas; Location: Diamond Bar) to examine sales, transaction or use and tax records for Alameda County pursuant to Revenue & Taxation Code Section 7056 PUBLIC PROTECTION Sheriff: 22. Approve and authorize mid-year pay units and appropriation and revenue adjustments for law enforcement services provided to the Alameda County Medical Center ($251,035) CAO Recommends: Approve (4/5 Vote) 23. Authorize technical budget adjustments to align appropriations with anticipated expenditures CAO Recommends: Approve (4/5 Vote) 24. Approve the following recommendations to receive federal funding of $1,019,064 for fiscal year from the Edward J. Bryne Memorial Justice Assistance Grant program: A. Designate and authorize the Sheriff to apply for the grant B. Designate and authorize the Sheriff and Finance Manager to sign the Certification of Assurance of Compliance forms; and C. Approve a Resolution of Support for the program CAO Recommends: Approve PUBLIC WORKS 25. Adopt a resolution to enter into a project specific funding agreement with the Alameda County Transportation Improvement Authority for the preliminary engineering/environmental phase of the Lewelling Boulevard/East Lewelling Boulevard Improvement Project, Segment I Transportation/Planning Board Committee and CAO Recommend: Approve 26. Adopt a resolution to enter into the project specific funding agreement with Alameda County Transportation Improvement Authority for the right-of-way (support) phase of the Lewelling Boulevard/East Lewelling Boulevard Improvement Project, Segment I Transportation/Planning Board Committee and CAO Recommend: Approve 27. Adopt a resolution approving the Mitigated Negative Declaration and Monitoring Plan; authorize the acquisition of property rights; and authorize the preparation of plans, specifications, and cost estimates pursuant to the project for the Lewelling Boulevard/East Lewelling Boulevard Improvement, Hesperian Boulevard to Meekland Avenue, in the unincorporated Ashland Community of Alameda County CAO Recommends: Approve AGENDA - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 22, PAGE 6

7 10:30 A.M. - SET MATTERS BOARD OF SUPERVISORS APPRECIATION PROGRAM 28. President Carson Monthly recognition of employees for their daily contributions in conducting County business and providing public service SURPLUS PROPERTY AUTHORITY 29. Adopt a resolution authorizing a direct negotiated purchase and sale agreement with Continuing Life Communities Management LLC (Principal: Ned Spieker; Location: Carlsbad) for 50+ acres of Staples Ranch Property, located at the southwest corner of I-580 and El Charro Road in Pleasanton for the development of a senior retirement community (4/5 Vote) COUNTY COUNSEL: REPORT ON ACTION TAKEN IN CLOSED SESSION PUBLIC INPUT (TIME LIMIT: 3 MINUTES PER SPEAKER) ADJOURNMENT NEXT MEETINGS: MARCH 29, 2005 REGULAR CALENDAR APRIL 5, 2005 REGULAR CALENDAR APRIL 7, 2005 PLANNING CALENDAR APRIL 12, 2005 CANCELED FOR BOARD RETREAT APRIL 19, 2005 REGULAR CALENDAR APRIL 26, 2005 REGULAR CALENDAR AGENDA - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 22, PAGE 7

8 PUBLIC ASSISTANCE APPENDIX CONSENT CALENDAR - ITEM NUMBERS (ANY BOARD MEMBER MAY PULL ANY CONSENT ITEM FOR DISCUSSION OR SEPARATE VOTE) Social Services Agency: 30. Approve acceptance of a grant from Walter S. Johnson Foundation (Principal: Gloria Eddie; Location: Menlo Park) to assist in the development of the Career Pathway Pilot Project by the Alameda County Workforce Investment Board ($10,000) 31. Approve amendments to a master contract No. C with the Independent Living Skills Program Auxiliary (Principal: Leonard Moncure; Location: Oakland) for operating an intermediate health clinic to provide health services for the Independent Living Skills Program Teen Health Clinic, extending the term date from 3/31/05 to 6/30/05, and increasing the amount from $108,670 to $128,670 ($20,000 increase) HEALTH CARE SERVICES 32. Receive a 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 33. Approve a standard agreement extension with Global Education Partnership (Principal: Heather Wilson; Location: Oakland) for program planning, business start-up and training services to launch Project YES!/Youth UpRising Cyber Café, Corners Café, extending the term date from 2/28/05 to 6/30/05, and increasing the amount from $178,268 to $313,788 ($135,520 increase) GENERAL ADMINISTRATION 34. Clerk, Board of Supervisors Approve the recommendations of the Legal Assessment Hearing Officer on claims of excess proceeds from the property tax sale on March 19, 2003; and direct the Auditor-Controller to distribute the excess proceeds to the claimants: A. Mardell Sutherland, First Trust Corporation B. Global Discoveries, Ltd. C. Ronald Esau 35. Community Development Agency Authorize the Director to execute contracts with the following community-based organizations to fund transitional rental assistance and supportive services under the Supportive Housing Program s Housing/Jobs Linkages Program, 3/1/05 2/28/06: A. Building Futures with Women and Children (Principal: Elaine de Coligny; Location: San Leandro), ($40,577) B. Emergency Shelter Program (Principal: Ralph Johnson; Location: Hayward), ($40,577) C. Family Emergency Shelter Coalition (Principal: Nancy Schluntz; Location: Hayward), ($40,577) D. Shelter Against Violent Environments (Principal: Rodney Clark; Location: Fremont), ($40,577) E. Tri-City Homeless Coalition (Principal: Louis D. Chicoine; Location: Fremont), ($40,577) F. Tri-Valley Haven for Women (Principal: Ann King; Location: Livermore), ($81,154) G. Allied Housing (Principal: Marie Lee; Location: Hayward), ($360,373) AGENDA - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 22, PAGE 8

9 General Services Agency: 36. Approve an amendment to a lease agreement with the Alameda County Office of Education to place a modular building and operate a child care program in support of various Project YES! youth programs, located at th Avenue, Oakland 37. Accept and approve the amended Alameda County Child Care Planning Council Bylaws 38. Authorize the General Services Agency to advertise for bids the Asbestos Abatement Project for the 5 th floor, 401 Broadway, Oakland, Project No. CPH05N ; approved an enhanced construction outreach program; and authorize the Director to receive bids and recommend contract award 39. General Services Agency and Health Care Services Approve a lease renewal with Austiaj Limited Partnership, Khashayar Investment Inc., General Partner (Principal: Poorshasb Parineh; Location: Oakland) for 18,200 square feet of office space at 333 Hegenberger Road, Suite 600, Oakland, for the Behavioral Care Vocational Program, increasing the amount from $26,026 to $30,030 ($4,004 increase per month) $323,328 for fiscal year Human Resource Services Approve classification actions taken by the Civil Service Commission on 3/2/ Treasurer-Tax Collector Receive the receipts and disbursement reports: A. January 31, 2005 B. February 28, 2005 PUBLIC WORKS 42. Adopt a resolution to approve the purchases of a square meter (17 square foot) parcel of real property located at the northeast corner of Willow Avenue and Banyan Street, Cherryland area in unincorporated Hayward, from Fred A. and Josephine Camarillo ($600); accept and record grant deed and declare the parcel of real property part of the County System of Highways, Willow Avenue/Banyan Street (NE) R/W No Adopt a resolution to approve the purchase of a square meter (29 square foot) parcel of real property located at the northeast corner of Willow Avenue and Haviland Avenue, Cherryland area in unincorporated Hayward, from Andrew and Norma D. Zaballos, Trustees ($800); accept and record grant deed and declare the parcel part of real property of the County System of Highways, Willow Avenue/Haviland Avenue (NE) R/W No Adopt a resolution to approve the purchase of a square meter (60 square foot) parcel of real property located at the northwest corner of Willow Avenue and Western Boulevard, Cherryland area in unincorporated Hayward, from Marie Troche, Successor Trustee ($1,500); accept and record grant deed and declare the parcel part of real property of the County System of Highways, Willow Avenue/Western Boulevard (NW) R/W No Adopt a resolution to accept the improvement and reduce the Performance Guarantee for Tract 7376, located on Ashland Avenue in San Lorenzo AGENDA - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 22, PAGE 9

10 46. Authorize and approve the execution of modifications to contract No. C with Systems and Space, Inc. (Principal: Brad Lieber; Location: Pleasanton) for the conversion of the building inspection department s document archive system, 3/31/05 6/30/05 increasing the amount from $83,000 to $102,000 ($19,000 increase) 47. Accept the Final Map, Tract 7266, located at 4262 Heyer Avenue; and authorize the execution of a contract with Benjamin F. Holland (Location: Castro Valley) for construction of tract improvements 48. Accept the Final Map, Tract 7445, located at 1816 D Street, Hayward; and authorize the execution of a contract with Compass Pointe East Bay LLC (Principal: David Sanson; Location: Pleasant Hill) for construction of tract improvements 49. Approve and authorize the execution of a time-only contract amendments with CAL Engineering & Geology, Incorporated (Principal: Phillip Gregory; Location: Dublin) for geological and geotechnical engineering services for the Crow Canyon Road Safety Improvement Project, extending the term date from 3/31/05 to 12/31/05 with no change in the contract amount 50. Adopt a resolution to execute State Match Program agreement for highway improvement projects within the unincorporated areas of Alameda County for fiscal year FLOOD CONTROL 51. Adopt a resolution to accept and approve the plans and specifications and advertise for bids for the improvement of Line B, at Union Pacific Railroad Crossing, Newark, Zone No. 5 Project, Specification No. FC5-178 BOARDS AND COMMISSIONS Supervisor Lai-Bitker: 52. Accept the resignation of Danny Wan from the Bay Conservation and Development Commission 53. Appoint Elda M. Fontenot to the Consumer Affairs Commission, term ending 3/22/ Workforce Investment Board Appoint Mary Miller to the Workforce Investment Board Youth Policy Council, term ending 3/1/07 END OF CONSENT OUT-OF-STATE TRAVEL District Attorney Senior Deputy District Attorney Identifying the Missing Philadelphia, Pennsylvania, 4/27/05 4/29/05 (No Net County Cost) Health Care Services Agency: Health Care Program Administrator New Independent State Health Partnership Project Ganja, Azerbaijan, 3/12/05 3/22/05 (No Net County Cost) AGENDA - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 22, PAGE 10

11 File # P:\agenda\ag.min\ag rb Health Care Program Administrator and Program Specialist Healthy Start: The Success of a Real Community-Based/Community Driven Program Washington, D.C., 3/13/05 3/16/05 (No Net County Cost) Director, Children and Youth Services Center for Substance Abuse Treatment Annual Grantees meeting Adolescent Treatment Effectiveness Washington, D.C., 3/21/05 3/23/05 (No Net County Cost) Probation Program Manager 2005 Joint Meeting on Adolescent Treatment Effectiveness Washington, D.C., 3/21/05 3/23/05 ($ Net County Cost) AGENDA - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 22, PAGE 11