BOARD OF SUPERVISORS

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1 BOARD OF SUPERVISORS Regular Meeting Tuesday, March 25, 2003 COUNTY ADMINISTRATION BUILDING SCOTT HAGGERTY DISTRICT 1 SUPERVISORS CHAMBER GAIL STEELE, PRESIDENT DISTRICT 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 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) 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) (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) The Board s Agenda and Summary Action Minutes are also available via the Internet at: Attention: The Alameda County Board of Supervisors meetings can be heard live on the County s internet ( 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 MINUTES - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 25, PAGE 1

2 CALL TO ORDER AND SALUTE TO FLAG SUMMARY ACTION MINUTES 8:30 A.M XX APPROVED MINUTES OF REGULAR MEETING: TUESDAY, MARCH 25, 2003 CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS Agency Negotiators: Employee Organization: Naomi Burns, Denyce Holsey and Glenn Berkheimer Probation Peace Officers Association 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: Service Employees International Union, Local 535 Agency Negotiators: Employee Organization: Agency Negotiators: Employee Organizations: Naomi Burns and Denyce Holsey Unrepresented Management Naomi Burns, Denyce Holsey and Keith Fleming 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) 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 : (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: Grace Tam v. County of Alameda, Alameda County Superior Court Case # MINUTES - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 25, PAGE 2

3 Name of Case: Cox Enterprises, Inc., California Auto Dealers Exchange, Inc., dba Bay Cities Auto Auction et al v. Alameda County Flood Control and Water Conservation District, State of California et al, Alameda County Superior Court, Case # (Consolidated with # ) 9:30 A.M. - SET MATTERS 1. CONSENT CALENDAR (See Appendix, Item Numbers 15-35) Approved as recommended BOARD OF SUPERVISORS EMPLOYEE APPRECIATION PROGRAM 1A. President Steele Monthly recognition of employees for their daily contributions in conducting County business and providing public service The Board recognized Anna Crosse and Sofia Andong-Sampang; Patricia Mark Carter and Guzman-Tinoco were recognized but were unable to attend FILE :30 A.M. - REGULAR CALENDAR PROCLAMATIONS/COMMENDATIONS 2. President Steele Adopt a resolution proclaiming Alameda County s 150 th Anniversary Celebration, Approved as recommended FILE R PUBLIC ASSISTANCE 3. Social Services Agency Approve the following items related to the Medi-Cal & Benefits Administration Department to expand the No Wrong Door Pilot Project: A. Accept a three-year-grant from The California Endowment ($1,554,178) and a one-year-grant from the United Way of the Bay Area ($75,000) received through the fiscal sponsorship of the Alameda Health Consortium for the expansion of the No Wrong Door Pilot Project; and B. Approve related budget adjustments CAO Recommends: Approve (4/5 Vote) Approved as recommended FILE R F GENERAL ADMINISTRATION 4. Supervisor Miley Second reading and adoption of a ordinance approving the Medical Cannabis I. D. Card Continued from Tuesday, 3/18/03 (Item #18) for second reading X Read title, waived reading of ordinance in its entirety and adopted Ordinance O FILE O MINUTES - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 25, PAGE 3

4 5. Auditor s Agency and General Services Agency Authorize the Purchasing Agent to negotiate and sign a contract with the following contractors to provide financial audit and related services on an as-needed basis to supplement County internal audit resources, 3/25/03 3/24/06 ($487,500): A. Patel & Associates (Principal: Ramesh C. Patel; Location: Oakland) B. Williams, Adley and Company, LLP (Principal: Robert H. Griffin; Location: Oakland) C. Hughes & Mansuetto (Principal: Rodney C. Hughes; Location: Oakland) D. Ravinder Singh & Associates (Principal: Ravinder Singh; Location: Oakland) E. C.G. Uhlenberg & Company (Principal: Jeffrey J. Ira; Location: Fremont) F. Allen P. Green & Company (Principal: Allen P. Green; Location: Union City) CAO Recommends: Approve Approved as recommended FILE Human Resource Services: 6. Second reading and adoption of an ordinance amending the Memorandum of Understanding with the Deputy Sheriffs Association Continued from Tuesday, 3/18/03 (Item #6) for second reading Read title, waived reading of ordinance in its entirety and adopted Ordinance O FILE O Second reading and adoption of an salary ordinance amendment to establish two new classes, one with salary administration criteria, make salary adjustments with salary administrative criteria for three classes, and establish a new footnote Continued from Tuesday, 3/18/03 (Item #7) for second reading Read title, waived reading of ordinance in its entirety and adopted Ordinance O FILE O Second reading and adoption of an ordinance approving the Memorandum of Understanding with the Alameda County Management Employees Association Sheriff s Unit Continued from Tuesday, 3/18/03 (Item #8) for second reading Read title, waived reading of ordinance in its entirety and adopted Ordinance O FILE O Library and General Services Agency Approve the following items related to the conceptual design phase for the San Lorenzo Library, Project No. 3075: A. Approve the issuance of a professional services agreement to Noll & Tam Architects and Planners (Principal: Christopher Noll; Location: Berkeley) for the Phase 1 Conceptual Design & State Grant Application Phase of the project ($126,985); B. Authorize the Director of General Services Agency to prepare and execute the agreement; C. Amend the Capital Improvement Plan to move the San Lorenzo Library project from Category V to Category II in the plan, and add offsetting revenue of $175,000 from the County Library; and D. Approve related budget adjustments CAO Recommends: Approve Approved as recommended FILE R F MINUTES - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 25, PAGE 4

5 SITTING AS THE SURPLUS PROPERTY AUTHORITY Community Development Agency: 10. Approve a purchase and sale agreement with AvalonBay Communities, Inc. (Principal: Bryce Blair; Location: Alexandria, Virginia) for the purchase of 16 acres of the surplus Dublin Transit Center Property, located south of Dublin Boulevard between Demarcus Boulevard and Iron Horse Parkway for the development of high density residential and retail properties Approved as recommended FILE R C Approve a contract with S & C Engineers, Inc. (Principal: Bill Carlson; Location: Oakland) to provide professional construction management services related to creek and bridge improvements necessary for the development of the Staples Ranch property in Pleasanton, 3/25/03 2/28/05 ($637,410) Approved as recommended FILE C Adopt a resolution authorizing a second amendment to the purchase and sale agreement with Ikea Properties, Inc. (Principal: Michael McDonald; Location: Plymouth Meeting, Pennsylvania) for the sale of a acre of surplus Santa Rita property, Site 16, located at the northwest corner of I-580 and Hacienda Drive Approved as recommended FILE R C PUBLIC WORKS 13. Second reading and adoption of an ordinance for the abatement of abandoned shopping carts on public and private property in the unincorporated area Continued from Tuesday, 3/4/03 and 3/18/03 (Item #15) for second reading Read title, waived reading of ordinance in its entirety and adopted Ordinance O FILE O FLOOD CONTROL 14. Approve and authorize the execution of an agreement with John and JoAnn Vierra to accept their payment up to $8,000 for restoration of streambank stability on their property, Assessor s Parcel No CAO Recommends: Approve Approved as recommended FILE R C MINUTES - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 25, PAGE 5

6 COUNTY COUNSEL: REPORT ON ACTION TAKEN IN CLOSED SESSION None PUBLIC INPUT (TIME LIMIT: 3 MINUTES PER SPEAKER) None BOARD OF SUPERVISORS REMARKS None ADJOURNED MINUTES - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 25, PAGE 6

7 APPENDIX CONSENT CALENDAR - ITEM NUMBERS (ANY BOARD MEMBER MAY PULL ANY CONSENT ITEM FOR DISCUSSION OR SEPARATE VOTE) Approved as recommended PUBLIC ASSISTANCE Social Services Agency: 15. Approve a contract amendment with Vallecitos CET, Inc. (Principal: Sylvia Llanes; Location: Hayward) to increase the funding for the delivery of services to youth under the Workforce Investment Act Youth Program, increasing the program year amount from $390,590 to $470,590 ($80,000 increase); and authorize the Agency Director to negotiate and execute contract amendment documents under the master contract process FILE Approve the following items related to the Title V Older Americans Act grant agreement for the Senior Community Service Employment Program with the State of California Department of Aging: A. Approve the execution of the fiscal year Title V Older Americans Act grant agreement; B. Approve related budget adjustments ($34,037); and C. Authorize a contract amendment under the master contract process with Spectrum Community Services (Principal: Richard Valle; Location: Hayward), to be signed by the Agency Director, increasing the total encumbrance of the purchase order from $172,967 to $207,004 ($34,037 increase) (4/5 Vote) FILE R F C Approve a resolution granting signature authority to the Workforce Investment Board to continue the administration of the Workforce Investment Act FILE R HEALTH CARE SERVICES 18. Approve in principle a revised level of funding amounts for community-based organizations and other noncommunity based organizations for State Trauma Care fund allocation program services, emergency fire and medical dispatch services and HIV/AIDS care and treatment services: A. Alameda County Medical Center, from $150,000 to $354,070 ($204,070 increase) B. Children s Hospital Medical Center (Principal: Antoine Paap; Location: Oakland), from $150,000 to $354,070 ($204,070 increase) C. Eden Hospital Medical Center (Principal: George Bischalaney; Location: Castro Valley), from $150,000 to $354,070 ($204,070 increase) D. Lawrence Livermore National Laboratory (Principal: Regents of University of California; Location: Livermore), from $1,000,000 to $1,300,000 ($300,000 increase) E. Alameda County Medical Center, from $339,575 to $479,539 ($139,964 increase) MINUTES - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 25, PAGE 7

8 F. AIDS Alliance (Principal: Peggy Bush; Location: Oakland), from $371,841 to $520,844 ($149,003 increase) G. AIDS Project of the East Bay (Principal: Hazel Wesson; Location: Oakland), from $629,829 to $895,176 ($265,347 increase) H. Alameda Health Consortium (Principal: Ralph Silber; Location: Oakland), $8,909 to $24,215 ($15,306 increase) I. Ark of Refuge, Inc. (Principal: Reverend Yvette Flunder; Location: San Francisco), from $103,752 to $186,469 ($82,717 increase) J. Bay Area Black Consortium (Principal: Gwen Rowe-Lee; Location: Oakland), from $90,414 to $181,514 ($91,100 increase) K. CAL-PEP (Principal: Gloria Lockett; Location: Oakland), from $331,738 to $465,740 ($134,002 increase) L. Catholic Charities (Principal: Barbara Terrazas; Location: Oakland), from $208,221 to $326,603 ($118,382 increase) M. Children s Hospital Medical Center (Principal: Antoine H. Paap; Location: Oakland), from $40,855 to $62,423 ($21,568 increase) N. Cresent Health Care (Principal: Dinesh R. Patel; Location: Hayward), from $7,175 to $11,388 ($4,213 increase) O. East Bay Community Recovery Project (Principal: Joan Zweben, Ph.D.; Location: Oakland), from $153,647 to $218,683 ($65,036 increase) P. East Oakland Community Project (Principal: Wendy Jackson; Location: Oakland), from $143,463 to $218,209 ($74,746 increase) Q. Eden I & R (Principal: Barbara Bernstein; Location: Oakland), from $21,366 to $26,853 ($5,487 increase) R. La Clinica De La Raza (Principal: Jane Garcia; Location: Oakland), from $20,813 to $37,663 ($16,850 increase) S. Life Long Medical Care (Principal: Marty Lynch; Location: Berkeley), from $87,269 to $133,266 ($45,997 increase) T. Pacific Center (Principal: Ralph Thomas; Location: Berkeley), from $11,253 to $21,363 ($10,110 increase) U. Project Open Hand (Principal: James Illig; Location: San Francisco), from $161,715 to $254,983 ($93,268 increase) V. Spectrum Community Services, Inc. (Principal: Richard Valle; Location: Hayward), from $8,510 to $14,317 ($5,807 increase) W. Tri-City Health Center (Principal: Manfred Hayes; Location: Fremont), from $253,008 to $330,258 ($77,250 increase) X. ZDK, Inc. (Principal: Joan Zweben, Ph.D.; Location: Oakland), from $27,651 to $41,468 ($13,817 increase) Y. Contra Costa County, from $111,334 to $148,445 ($37,111 increase) Z. Contra Costa County, from $1,015,173 to $1,536,863 ($521,690 increase) AA. All Health Care (Principal: Shirley Manly-Lampkin; Location: Oakland), no change in contract amount of $101,331 BB. Community Care Services (Principal: Theodora Marzouk; Location: Oakland), no change in contract amount of $15,303 CC. East Bay Community Law Center (Principal: Jeff Selbin; Location: Berkeley), no change in contract amount of $89,782 DD. Volunteers of America of the East Bay (Principal: John Bailey; Location: Oakland), no change in contract amount of $13,339 FILE MINUTES - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 25, PAGE 8

9 19. Approve contracts to participate in the Telephone Facsimile Death Registration Program, effective 4/1/03: A. Arthur J. Sullivan & Co. (Principal: James J. Sullivan; Location: San Francisco) B. Smith & Witter (Principal: Patti E. Smith; Location: El Sobrante) FILE C C Approve the expenditure of $2,000 for the Public Health Partners Awards Ceremony to be held on 4/8/03 FILE Accept the Comprehensive Drug Court Implementation Program grant award to provide services for offenders with alcohol and other drug related problems, 12/29/02 12/28/03 ($265,415); and approve related budget adjustments (4/5 Vote) FILE R F 22. Approve a master contract funding augmentation for Bay Area Community Services (Principal: Liz Prince; Location: Oakland) to provide a case manager for five Supportive Housing Initiative Act subsidized Single Room Occupancy units at the Lakehurst Hotel in Oakland, 9/1/02 6/30/03, increasing the amount from $2,545,428 to $2,599,918 ($54,490 increase) FILE Approve a contract amendment for G.O.A.L.S. for Women (Principal: Gwen Wilson; Location: Oakland) for expanded services provided to CalWORKs women, 7/1/02 6/30/03, and increasing the amount from $40,000 to $67,854 ($27,854 increase) FILE C GENERAL ADMINISTRATION Community Development Agency: 24. Approve the following related to the Housing/Jobs Linkages Program: A. Accept the fiscal year 2002 Housing/Jobs Linkages Program renewal grant from the U.S. Department of Housing and Urban Development ($676,632); B. Authorize in principle a contract with Allied Housing, Inc. (Principal: Marie Lee; Location: Hayward) to continue providing rental assistance and leasing services ($376,081); C. Authorize in principle contracts with each of the six collaborative partner shelters: Tri-Valley Haven for Woman (Principal: Ann King; Location: Livermore); Family Emergency Shelter Coalition (Principal: Nancy Schluntz; Location: Hayward); Shelter Against Violent Environments (Principal: Rodney Clark; Location: Fremont); Tri-City Homeless Coalition (Principal: Louie Chiccoine; Location: Fremont); Building Futures with Women and Children (Principal: Elaine de Coligny; Location: San Leandro); and Emergency Shelter Program (Principal: Ralph Johnson; Location: Hayward) to continue providing case management and support services; and D. Authorize the Agency Director to reallocate funds between the seven collaborative partners contracts by amendment as needed provided the total amount of funding between the seven contacts remains the same FILE MINUTES - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 25, PAGE 9

10 25. Approve a time-only contract amendment with Jennie Bloebaum (Location: Albany) for redevelopment consulting services for the Eden Area Redevelopment Project and the County s portion of the Alameda County San Leandro Joint Redevelopment Project, extending the term from 3/31/03 to 4/30/03 with no change in the contract amount FILE Human Resource Services Approve classification actions taken by the Civil Service Commission on 3/12/03 FILE Treasurer-Tax Collector Receive Investment Report February 2003 FILE County Administrator and General Services Agency Authorize the Purchasing Agent to extend the contract with Single Source Consulting (Principal: Tony Su; Location: San Ramon) to provide continued workers compensation program management consulting services for the Risk Management Unit, 4/17/03 4/16/04, increasing the amount from $184,470 to $368,470 ($184,000 increase) FILE PUBLIC WORKS 29. Public Works Agency and Community Development Agency Authorize the execution of a contract amendment with Graffiti Control Services, Inc. (Principal: Greg Keiser; Location: Pacifica) for graffiti removal services on private properties in the redevelopment areas of Alameda County, and on public property in the unincorporated area of Alameda County, extending the term from 10/31/03 to 6/30/05, and increasing the amount from $100,000 to $400,000 ($300,000 increase) FILE C Adopt a resolution consenting to the acquisition of property by the City of Livermore in the unincorporated Murray Township required for the replacement of the Union Pacific Railroad bridge and the widening of Greenville Road FILE R Approve a contract modification with Cal Engineering and Geology Inc. (Principals: Phillip Gregory and Mitchell Wolfe; Location: Dublin) for continued geotechnical engineering and geologic services, 7/1/02 6/30/07, increasing the amount from $40,000 to $60,000 ($20,000 increase) FILE C Adopt a resolution establishing the temporary closure of a portion of Bockman Road, Via Buena Vista, and Via Chiquita in the San Lorenzo area to facilitate traffic flow and parking access during the San Lorenzo Girls Softball Parade on Saturday, 3/29/03 FILE R MINUTES - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 25, PAGE 10

11 33. Find an 11,472 square foot of County-owned parcel of County-owned real property located on the east side of Redwood Road just northerly of Lessley Avenue, Castro Valley, to be surplus and authorize and approve the sale of said parcel to Alameda County Flood Control and Water Conservation District for the sum of $60,100; and adopt a resolution authorizing the execution of a grand deed to effect the conveyance FILE R FLOOD CONTROL 34. Approve the purchase of an 11,472 square foot parcel of real property located on the east side of Redwood Road just northerly of Lessley Avenue, Castro Valley for $60,100; and accept and record the grant deed, Zone 2, Line 1 (Castro Valley Creek) R/W No FILE R PERSONNEL, ADMINISTRATION AND LEGISLATION (PAL) BOARD COMMITTEE 35. PAL Board Committee Recommends: Approve legislation issues referred to the full Board of Supervisors A. H.R. 826 (Lofgren) Affordable College Education Act of 2003 Recommendation: Support B. AB 137 (Correa, Dymally, Lieber) Income Taxes: Designated Contributions: Senior Citizens Recommendation: Support C. SB 921 (Kuehl) Single Payer Health Care Coverage Recommendation: Support D. AB 204 (Nation) Motor Vehicles: Environmental Impacts Recommendation: Support FILE END OF CONSENT OUT-OF-STATE TRAVEL Alameda County Children and Families Commission Sujata Bansal, Skilled Medical Professional, Every Child Counts Local Program Mentor Training for Devereux Early Childhood Assessment Englewood, Colorado, 6/25/03 6/27/03 (No Net County Cost) District Attorney: Craig Chew, Inspector II General Rifle Course Training Paulden, Arizona, 3/24/03 3/29/03 (No Net County Cost) Rockne Harmon, Senior Deputy District Attorney DNA Evidence Enhancing Law Enforcement s Impact Washington, D.C., 4/6/03 4/9/03 (No Net County Cost) FILE MINUTES - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 25, PAGE 11

12 CLAIMS AND PAYMENTS Claims and payments for the week ending Tuesday, March 25, 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 # Ag03_25_03.doc acb MINUTES - BOARD OF SUPERVISORS MEETING, TUESDAY, MARCH 25, PAGE 12