BOARD OF SUPERVISORS

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1 BOARD OF SUPERVISORS Regular Meeting Tuesday, January 25, 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, ECELLENCE, 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. MINUTES - BOARD OF SUPERVISORS MEETING, TUESDAY, JANUARY 25, PAGE 1

2 CALL TO ORDER AND SALUTE TO FLAG SUMMARY ACTION MINUTES 9:00 A.M APPROVED MINUTES OF REGULAR MEETING: TUESDAY, JANUARY 11, 2005 CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS Agency Negotiators: Employee Organizations: Agency Negotiators: Employee Organization: Agency Negotiators: Agency Negotiator: Agency Negotiators: Agency Negotiator: Denise Eaton-May, Denyce Holsey and Keith Fleming International Federation of Professional and Technical Engineers, Local 21; Alameda County Management Employees Association Denise Eaton-May, Denyce Holsey and Keith Fleming Deputy Sheriffs Association Denise Eaton-May, Denyce Holsey and Glenn Berkheimer Building and Construction Trades Council Denise Eaton-May and Denyce Holsey 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 - EISTING LITIGATION Name of Case: Lone Tree Cemetery Association v. County of Alameda, Alameda County Superior Court No. RG :00 A.M. - SET MATTERS 1. CONSENT CALENDAR (See Appendix, Item Numbers 24-47) Approved as recommended, with the exception of Item #45, which was voted on separately Item #45; approved as revised MINUTES - BOARD OF SUPERVISORS MEETING, TUESDAY, JANUARY 25, PAGE 2

3 10:00 A.M. - REGULAR CALENDAR BOARD OF SUPERVISORS REMARKS President Carson adjourned the meeting in memory of Carol Perry, Secretary II, in the County Administrator s Office PUBLIC ASSISTANCE 2. Social Services Agency Approve the execution of a new master contract with the Prescott-Joseph Center (Principal: Dr. Washington Burns; Location: Oakland) for the implementation of the Another Road to Safety Initiative in the West Oakland area, 1/1/05 6/30/05 ($50,000) CAO Recommends: Approve Approved as recommended FILE C IN-HOME SUPPORT SERVICES PUBLIC AUTHORITY 3. Approve increases to Public Authority s five payrolled personnel services purchase order contracts, including salary/benefits, pension contributions, training/mileage, and fees, 1/1/05 6/30/05 ($36,659) CAO Recommends: Approve Approved as recommended FILE Approve the following recommendations related to the Executive Director of the Public Authority for In- Home Supportive Services: A. Approve a new three-year contract through payrolled personnel services with Charles Calavan (Location: Oakland), 1/1/05 12/31/07 B. Approve a 5% salary step increase for same, increasing the pay rate from $37.14 per hour to $38.38 per hour, resulting in an increase in annual salary from $70,317 to $74,840 ($3,900 increase), 1/1/05 12/31/05 C. Approve an increase of $3,900 to purchase order SOCSA 3649, changing the total encumbrance from $102,100 to $106,000, which includes salary/benefits, pension contribution, training/education, travel reimbursement, and service fees CAO Recommends: Approve Approved as recommended FILE C HEALTH CARE SERVICES 5. Accept and approve the execution of the allocation agreement from the State Department of Health Services for Public Health Department, Community Health Services to expend tobacco tax funds to promote health policies and educational programs to reduce tobacco consumption, 7/1/04 6/30/05 ($351,417); and approve related budget and pay unit adjustments CAO Recommends: Approve (4/5 Vote) Approved as recommended FILE R F C MINUTES - BOARD OF SUPERVISORS MEETING, TUESDAY, JANUARY 25, PAGE 3

4 6. Approve and authorize the execution of a standard agreement with the Alameda Unified School District for Public Health Department, Community Health Services, Nutrition Network Program to expand nutrition education services, 1/1/05 9/30/05 ($45,000) CAO Recommends: Approve Approved as recommended FILE C Approve the following recommendations in connection with the establishment of Measure A Oversight Committee: A. Adopt the membership; B. Instruct the Health Care Services Agency to contact each of the organizations for their nominations and submission of their recommendations for the Board s review and adoption CAO Recommends: Approve Approved as recommended. Amendments to include the following adjustments: FILE add two representatives from SEIU instead of one; remove the Mayors Conference representative and replace with two representatives chosen by the City Managers Association; add one representative from the City of Berkeley; and add one representative each from each of the five Supervisory Districts selected by respective Board member. Members would serve for four-year terms with nine of the initial members appointed for only 2 years. GENERAL ADMINISTRATION 8. President Carson Adopt a resolution authorizing the Alameda County Fire Department to participate in the Safe Haven Program for newborns Approved as recommended FILE R Auditor-Controller Agency Authorize the Auditor-Controller to make the necessary appropriation adjustments to all the County funds as a result of the calculation of the final fund balance CAO Recommends: Approve Approved as recommended FILE R F 10. General Services Agency and Health Care Services Agency Approve the following recommendations related to the construction contract for the School-Based Health Center Building, Project YES! Phase II, th Avenue, Oakland, Project No. CPP01A ($775,000): A. Authorize the Director, General Services Agency to award a contract to RoSa Construction Co., Inc. (Principal: Robert Reil; Location: Hayward); B. Authorize the Auditor-Controller to transfer $400,000 from the Health Care Services Agency designation to the Capital Projects Budget; and C. Authorize and direct the Auditor-Controller to make related budget adjustments CAO Recommends: Approve Approved as recommended FILE R F C MINUTES - BOARD OF SUPERVISORS MEETING, TUESDAY, JANUARY 25, PAGE 4

5 Human Resource Services: 11. Second reading and adoption of an ordinance approving the January 2, 2005 through December 30, 2006 Memorandum of Understanding between Alameda County and Service Employees International Union, Local 535 and 616 Continued from Tuesday, 1/11/05 (Item #10) for second reading Read title, waived reading of ordinance in its entirety and adopted Ordinance O FILE O Second reading and adoption of a salary ordinance amendment increasing salaries for inspectors, investigators, and attorneys in the District Attorney and Public Defender Offices, increasing salaries for two classes in the Probation Department, extending a footnote in the Auditor-Controller s Agency, and adding two footnotes and amending one footnote in the Sheriff s Office Continued from Tuesday, 1/11/05 (Item #11) for second reading Read title, waived reading of ordinance in its entirety and adopted Ordinance O FILE O Library Approve the transfer within the department s budget of $289,356 from Salaries and Benefits to Discretionary Services and Supplies; and approve the action to defund unfilled positions for fiscal year CAO Recommends: Approve Approved as recommended FILE President Carson Second reading and adoption of a salary ordinance amendment allowing County employees to donate accrued vacation, compensatory time and/or in lieu holiday time to the Alameda County Disaster Relief Fund designated to provide relief to victims and families of the December 26, 2004 South Asia tsunami/earthquake Continued from Tuesday, 1/11/05 (Item #12) for second reading Read title, waived reading of ordinance in its entirety and adopted Ordinance O FILE O County Administrator Approve budget adjustments related to debt service, construction costs, and grant revenues for the new Juvenile Justice Facility (4/5 Vote) Approved as recommended FILE R F PUBLIC PROTECTION 16. Probation Authorize the Chief Probation Officer to apply for and accept Supplemental Juvenile Justice Challenge Activities Program funding under the Federal Title II, Part E Challenge Activities Grant administered by the Board of Corrections in the amount of $71,850; sign related contracts, amendments or extensions with the State of California; and adopt a resolution authorizing the Chief Probation Officer, as Chair of the Juvenile Justice Coordinating Council to administer and make assurance of compliance with the required terms for funding CAO Recommends: Approve Approved as recommended FILE R R F MINUTES - BOARD OF SUPERVISORS MEETING, TUESDAY, JANUARY 25, PAGE 5

6 PUBLIC WORKS 17. 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 1, Article 7, relating to No Parking Zones and No Stopping Zones; two changes to Chapter 1, Article 9, relating to Limited Parking Zones; one change to Chapter 1, Article 18, relating to Speed Limits; and two changes to Chapter 1, Article 20, relating to Disabled Persons and Veterans Parking Zones in Ashland, Castro Valley, Livermore and San Lorenzo areas CAO Recommends: Approve Read title, waived reading of ordinance in its entirety, excluding Article 18, relating to Speed Limits, Section Arroyo Road; and continued to Tuesday, February 1, 2005, for second reading FILE Approve the following recommendations related to the closure of Riverbank Avenue and Bedford Drive in Baywood area of Castro Valley: A. Authorize the Director to advertise a Request For Proposals for a consultant to conduct a feasibility and environmental study and to report back to the Board at a later date on the final outcome of the study B. Recommend to include the alternative to convert Strobridge Avenue from Hobert Street to Gary Drive to one-way; and C. Direct the Director to seek grant and/or other funding opportunities to fund the cost of the feasibility study and, if approved of the implementation Continued from Tuesday, 1/11/05 (Item #21) Approved as recommended FILE Adopt a resolution to accept the bid and award a contract to MCK Services, Inc. (Principal: Mark Hazen; Location: Concord) for the construction of Class II bike lanes and traffic signal system on Tesla Road from South Vasco Road to 0.6 miles east of South Vasco Road in Murray Township, Specification No ($416,985) CAO Recommends: Approve Approved as recommended FILE R C Approve and authorize the Agency Director to execute a grant funding agreement with the Bay Area Air Quality Management District for the construction of on-street (Class II) bicycle lanes on East Castro Valley Boulevard from Villareal Drive to Dublin Canyon Road/Palo Verde Road/Eden Canyon Road intersection, 11/1/04 10/1/06 ($45,000) CAO Recommends: Approve Approved as recommended FILE Public hearing for the first reading and introduction of an ordinance in accordance with Chapter of the Alameda County Ordinance Code to establish Underground Utility District No. 17 on Lewelling Boulevard/East Lewelling Boulevard between Usher Street and Meekland Avenue, Eden Township CAO Recommends: Approve Closed public hearing; read title, waived reading of ordinance in its entirety and continued to Tuesday, 2/1/05, for second reading FILE MINUTES - BOARD OF SUPERVISORS MEETING, TUESDAY, JANUARY 25, PAGE 6

7 22. Public Works Agency and General Services Agency Authorize the Purchasing Agent to negotiate and sign a three-year contract with West Coast Arborists, Inc. (Principal: Patrick O. Mahoney; Location: Pleasanton) to provide tree trimming and removal services for the Public Works Agency, 1/1/05 1/31/08 ($440,640) CAO Recommends: Approve Approved as recommended FILE :30 A.M. - SET MATTER BOARD OF SUPERVISORS APPRECIATION PROGRAM 23. Supervisor Steele Youth SCORE (Special Consideration of Real Effort) Presentation to recognize current and/or former Foster Youth Recognized Rae Smith FILE COUNTY COUNSEL: REPORT ON ACTION TAKEN IN CLOSED SESSION None PUBLIC INPUT (TIME LIMIT: 3 MINUTES PER SPEAKER) None ADJOURNED IN MEMORY OF CAROL PERRY MINUTES - BOARD OF SUPERVISORS MEETING, TUESDAY, JANUARY 25, PAGE 7

8 APPENDI CONSENT CALENDAR - ITEM NUMBERS (ANY BOARD MEMBER MAY PULL ANY CONSENT ITEM FOR DISCUSSION OR SEPARATE VOTE) Approved as recommended, with the exception of Item #45, which was voted on separately Item #45; approved as revised PUBLIC ASSISTANCE Department of Child Support Services 24. Approve the revised Conflict of Interest Code FILE Approve and authorize the execution of an employee loan agreement with the California State Department of Child Support Services to loan a Program Specialist with a special employee loan salary footnote, to provide input on system design, training and development for the period of 1/1/05 12/31/05 FILE C HEALTH CARE SERVICES 26. Authorize the Health Care Services Agency, Public Health Department-Emergency Medical Services to apply for a mini grant from the National Safe Kids for the Alameda County Helmet and Bicycle Safety Program for fiscal year 2005 ($4,541.60) FILE Find that a local emergency no longer continues to exist in Alameda County relative to the influenza vaccine shortage FILE 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 FILE Accept the amended Letter of Award from the California Department of Health Services for the Public Health Department to continue the Tuberculosis Prevention Control Program, 7/1/04 6/30/05, increasing the amount from $47,833 to $87,833 ($40,000 increase); and approve related budget adjustments (4/5 Vote) FILE R F 30. Approve budget adjustment to increase appropriation and revenue for unused funds associated with the Public Health Department, Division of Communicable Disease Control and Prevention for the Young Men Survey Program ($6,700) (4/5 Vote) FILE R F MINUTES - BOARD OF SUPERVISORS MEETING, TUESDAY, JANUARY 25, PAGE 8

9 31. Approve in principle and authorize the Director of Public Health Department to execute a master contract amendment for La Clinica de la Raza (Principal: Jane Garcia; Location: Oakland) to provide teen pregnancy prevention education for young men in the classroom, 1/1/05 6/30/05, increasing the amount from $4,597,220 to $4,618,947 ($21,727 increase) FILE Approve the following recommendations related to the State funding award to support the County s Local Oversight Program: A. Accept the $805,350 award agreement from the State of California Water Resources Control Board to continue the State funded Local Oversight Program for the Department of Environmental Health; B. Authorize the Auditor-Controller to make budget adjustments; C. Authorize pay unit changes for the Hazardous Materials Specialist classification; D. Approve and authorize the execution of a standard agreement for transmittal to the State Water Resources Control Board; and E. Approve a waiver of the policy that all indirect costs must be reimbursed FILE R F C GENERAL ADMINISTRATION 32A. Clerk, Board of Supervisors Approve the recommendations of the Legal Assessment Hearing Officer on a 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 FILE Community Development Agency Approve contracts for the provision of integrated services coordination and other services to disabled homeless individuals and families, 11/1/04 10/31/05: A. Second Chance Inc. (Principal: Mark McConville; Location: Newark), $43,178 B. Tri-City Homeless Coalition (Principal: Louis Chicoine; Location: Fremont), $46,778 C. Building Opportunities for Self-Sufficiency (Principal: boona cheema; Location: Berkeley), $43,178 FILE C General Services Agency: 34. Authorize the Agency to advertise and bid for the Standby Power System Upgrade for the Coroner s Bureau and Health Services Building, th Street, Oakland, Project No. BMP04N ; and authorize the Agency Director to receive bids for this project, and to present a summary of the bid results and an award recommendation to the Board FILE Authorize the Agency Director to advertise, bid and apply the enhance Construction Outreach Program for the replacement of the heating and cooling coils at the Probation Center, 400 Broadway, Oakland, Project No. BMP04N ; and authorize the Agency Director to receive bids for this project, and to present a summary of the bid results and an award recommendation to the Board FILE Human Resource Services Approve classification actions taken by the Civil Service Commission on 1/5/05 FILE MINUTES - BOARD OF SUPERVISORS MEETING, TUESDAY, JANUARY 25, PAGE 9

10 37. Library Authorize the Purchasing Agent to increase the encumbrance of the existing contract with Group 4 Architecture Research and Planning, Inc. (Principal: Dawn Merkes; Location: San Francisco) to conduct a visioning and master planning process for library facilities needs in the service area of the San Lorenzo Library, increasing the amount from $51,750 to $57,750 ($6,000 increase), with no change in the term of 6/30/05 FILE Pleasanton Unified School District Approve amended Conflict of Interest Code 39. Treasurer-Tax Collector Receive Investment Report, December 2004 FILE FILE PUBLIC PROTECTION 40. Fire Department and General Services Agency Authorize the Auditor-Controller to transfer funds from Capital Designation to the Capital Projects Budget for the following; and approve related budget adjustments: A. Fire Station #8 project located on Greenville Road in Livermore, Project No. CPP04C ($95,689) B. Maintenance Facility project located at Fire Station #3, th Street, San Lorenzo, Project No. CPP04C ($51,263) (4/5 Vote) FILE R F & 33F PUBLIC WORKS 41. Adopt a resolution to accept and authorize recordation of a Grant Deed dated 1/6/05, from Royal Townhomes, LLC, conveying to the County a 3-foot wide strip of real property across the front of a property located at Royal Avenue in the Hayward area of Eden Township to conform Royal Avenue to its future width line and that the conveyed parcel of real property be declared part of the County system of highways, Royal Avenue R/W No FILE R Adopt a resolution to declare a 5,465 square foot parcel of County-owned real property located at Via Alamitos, San Lorenzo, improved with a single family residence to be surplus; and authorize the public sale of same on 4/26/05, at 10:30 a.m. in the Board s meeting room FILE R Accept the Final Map, Tract 7314, located in San Lorenzo for the development of a 19-unit condominium complex FILE MINUTES - BOARD OF SUPERVISORS MEETING, TUESDAY, JANUARY 25, PAGE 10

11 FLOOD CONTROL 44. Zone 7 Adopt a resolution approving and authorizing the grant of access easement to the City of Livermore, Zone 7, Line G (Arroyo Mocho, No ) FILE R PERSONNEL, ADMINISTRATION AND LEGISLATION (PAL) BOARD COMMITTEE 45. PAL Board Committee & President Carson Recommends Adopt a resolution prohibiting discrimination on the basis of sexual orientation & gender identity Continued from Tuesday, 1/11/05 (Item #50A) Approved as revised FILE R BOARDS AND COMMISSIONS 46. President Carson Appoint Charles Bachman to the Albany Veterans Memorial Building Commission, term ending 6/30/06 and appoint as Secretary as of 11/04 FILE Supervisor Haggerty Appoint Dimitris Kastriotis to the Sunol-Citizens Advisory Committee Site Development Review FILE END OF CONSENT OUT-OF-STATE TRAVEL Fire Department Assistant Chief and Staff Captain Research new Computer Aided Dispatch System Las Vegas, Nevada, 1/17/05 1/20/05 (No Net County Cost) Health Care Services Agency Medical Director, Behavioral Health Care Services American Psychiatric Association Annual Meeting Atlanta, Georgia, 5/21/05 5/26/05 ($2,500 Net County Cost) Library Senior Information System Analyst, Information Technology Unit Computers in Libraries Washington, D.C., 3/16/05 3/18/05 (No Net County Cost) FILE File # P:\agenda\ag.min\min01_25_05 lt MINUTES - BOARD OF SUPERVISORS MEETING, TUESDAY, JANUARY 25, PAGE 11