BOARD OF SUPERVISORS · county administration building scott haggerty district 1 supervisors’ chamber gail steele, president district 2 1221 oak street alice lai-bitker district

SUMMARY ACTION MINUTES

BOARD OF SUPERVISORS

Regular Meeting Tuesday, February 10, 2004 COUNTY ADMINISTRATION BUILDING SCOTT HAGGERTY DISTRICT 1 SUPERVISORS’ CHAMBER GAIL STEELE, PRESIDENT DISTRICT 2 1221 OAK STREET ALICE LAI-BITKER DISTRICT 3 FIFTH FLOOR, ROOM 512 NATE MILEY DISTRICT 4 OAKLAND, CALIFORNIA KEITH CARSON, VICE-PRESIDENT DISTRICT 5 SUSAN S. MURANISHI RICHARD E. WINNIE COUNTY ADMINISTRATOR COUNTY COUNSEL

MISSION STATEMENT

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

The Board of Supervisors welcomes you to its meetings and your interest is appreciated. If you wish to speak on a matter on the agenda or during public input, please fill out a speaker slip at the front of the Chambers and turn it in to the Clerk as soon as possible. When addressing the Board, please give your name for the record prior to your presentation. If you wish to speak on a matter not on the agenda, please wait until the President calls for public input at the end of the Regular Calendar. NOTE: Only matters within the Board of Supervisors’ jurisdiction may be addressed. Time limitations shall be at the discretion of the President of the Board. Pursuant to Board Policy: (1) Signs or demonstrations are prohibited during Board meetings; (2) Any Board Member may request a two-week continuance on any item appearing for the first time; (3) All agenda items shall be received by the County Administrator prior to 3 p.m. on Tuesday two weeks before the meeting date or earlier when a Holiday intervenes. Hearing difficulty? Please ask the Clerk for use of a personal sound receiver. Board of Supervisors’ meetings are wheelchair accessible. Call (510) 272-4949 (voice) or (510) 834-6754 (TDD) to request a sign-language interpreter. Five working days’ notice is required. If you have questions regarding the agenda, please call (510) 272-4949. The Board’s Agenda and Summary Action Minutes are also available via the Internet at: www.acgov.org Attention: The Alameda County Board of Supervisors’ meetings held in the Board Chamber can be heard live on the County’s internet (www.acgov.org) In order to log on, please do the following: click on the County’s homepage as noted above and click on the “Audio Broadcasts” box. Normally, the Board meets on Tuesdays and their meeting begins no earlier than 10:00 a.m. and may begin later, depending on the Closed Session which normally begins at 9:00 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.

MINUTES - BOARD OF SUPERVISORS’ MEETING, TUESDAY, FEBRUARY 10, 2004 - PAGE 1

http://www.acgov.org/

http://www.acgov.org/


9:00 A.M.

CALL TO ORDER AND SALUTE TO FLAG 13245 XX

APPROVED MINUTES OF REGULAR MEETING: TUESDAY, JANUARY 27, 2004

CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS Agency Negotiators: Denise Eaton-May, Denyce Holsey and Keith Fleming Employee Organizations: Alameda County Management Employees Association, Sheriff’s Unit Agency Negotiators: Denise Eaton-May, Denyce Holsey and Keith Fleming Employee Organizations: All Labor Organizations Agency Negotiators: Denise Eaton-May, Denyce Holsey and Keith Fleming Employee Organizations: Services Employees International Union, Local 535; Alameda County

Management; Employees Association; Probation Peace Officers Association; International Federation of Professional and Technical Engineers, Local 21 (Professional Association of County Employees); Alameda County Welfare Fraud Investigators

Agency Negotiator: Denise Eaton-May Employee Organization: Unrepresented Management Agency Negotiators: Denise Eaton-May, Denyce Holsey and Glenn Berkheimer Employee Organization: Alameda County Welfare Fraud Investigators Association CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION

Initiation of litigation pursuant to Subdivision (c) of Government Code § 54956.9: (Five Cases) Significant exposure to litigation pursuant to Subdivision (b) of Government Code § 54956.9: (Four 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: Janien Harrison and Willie Posey v. Alameda County, Alameda County Board of Supervisors, Alameda County Medical Center Board of Trustees, Kenneth Cohen and Does 1 through 20, inclusive, Superior Court of California, County of Alameda, Case #HG03101725



10:00 A.M. - SET MATTERS

1. CONSENT CALENDAR (See Appendix, Item Numbers 21 - 40) 53142 Approved as Recommended 2. President Steele – Youth SCORE (Special Consideration of Real Effort) – Presentation to recognize current

and/or former Foster Youth Recognized Ruth Price and Kelli Dowling-Kenward

10:00 A.M. - REGULAR CALENDAR

PROCLAMATIONS/COMMENDATIONS 3. Supervisor Carson – Adopt a proclamation declaring February 18, 2004 as “Paul Robeson Day” The proclamation was presented to Sylvester Hodges, President of the Bay Area

Paul Robeson Association FILE 18614

4. Supervisor Haggerty – Adopt a commendation for Ario Ysit for being named 2003 California Planning

Commissioner of the Year by the California County Planning Commissioners Association Presented FILE 18614

BOARD OF SUPERVISORS’ REMARKS Supervisor Carson and the County Administrator provided an update on the State budget and its

impact on the County President Steele requested that the meeting be adjourned in memory of Obbie Johnson, an Eligibility

Technician II, with the Social Services Agency HEALTH CARE SERVICES 5. Alameda County Medical Center Update Efton Hall, Interim Chief Executive Officer presented an update on the Medical Center 6. Approve in principle the fiscal year 2003-2004 services-as-needed contract with San Mateo County Mental

Health Services (Principal: Gail Bataille; Location: San Mateo) to provide services to severely emotionally disturbed and severely mentally ill clients; and authorize the Director of Behavioral Health Care Services to negotiate and sign the contract – CAO Recommends: Approve

51342 Approved as recommended FILE 18676


SUMMARY ACTION MINUTES GENERAL ADMINISTRATION 7. County Administrator – Public hearing for the issuance of a $5,000,000 Industrial Development Bond for the

JETA LLC (BEMA Electronic Manufacturing, Inc.) project and adopt the approving resolution 14352 Closed public hearing and approved as recommended FILE 18677

R-2004-317 8. Auditor-Controller – Approve the following recommendations related to appropriation limit: A. Receive and file the letter regarding Propositions 4 and 111 appropriation limits and appropriations

subject to limitation in order satisfy the intent of the fifteen-day waiting period; and B. Schedule a hearing on March 2, 2004 at 10:00 a.m. for the adoption of the appropriations limits and

appropriations subject to limitation – CAO Recommends: Approve 51342 Approved as recommended FILE 18678 9. General Services Agency – Approve the following recommendations related to the County Administration

Building Plaza, 1221 Oak Street, Oakland, Project No. CPP02M20300000: A. Approve the issuance of a professional services agreement to PGA Design, Inc. (Principal:

Christopher Kent; Location: Oakland) for the design development, construction documents and administration phases of the project ($453,395)

B. Authorize the Director to prepare and execute the agreement; and C. Approve related budget adjustments – CAO Recommends: Approve – (4/5 Vote) 51342 Approved as recommended FILE 18679

R-2004-318F 10. General Services Agency, Social Services Agency and Health Care Services Agency – Authorize the

Purchasing Agent to negotiate and sign a contract with A-Para Transit Corporation (Principal: Shiv Kumar; Location: Hayward) to provide client transportation services, 2/11/04 – 2/10/07 ($266,593) – CAO Recommends: Approve



SUMMARY ACTION MINUTES 11. General Services Agency and Superior Court – Approve the following recommendations related to the

Berkeley Courthouse Remodel, 2120 Martin Luther King Jr. Way, Berkeley, Project No. CPPX98403200000:

A. Reject the bid from Tinney Construction Corporation (Principal: Aiden Tinney; Location: Redwood

City) B. Accept the bid of and award a contract to ZCON Builders (Principal: Charles Zakskorn; Location:

Oakland) for the seismic upgrade and complete remodeling of the Berkeley Courthouse Project ($2,618,907)

C. Approve the encumbrance of an additional $261,891 as a Supplemental Work Allowance for a total encumbered amount of $2,880,798

D. Authorize the Director to prepare documents and bond forms E. Amend the 2003-2008 Capital Improvement Plan to increase budget for the Berkeley Courthouse

Remodel Project No. CPPX8403200000 from $3,066,570 to $3,805,000 ($738,430 increase); and F. Approve related budget adjustments – CAO Recommends: Approve – (4/5 Vote) 51342 Approved as recommended FILE 18681

R-2004-319F Human Resource Services: 12. Second reading and adoption of two ordinances: 1) amending the 2000 – 2007 Memorandum of

Understanding with the International Association of Firefighters, Local 55A, amending Section 8, Holidays; and 2) amending the 2000 – 2007 Memorandum of Understanding with the International Association of Firefighters, Local 55B, Management Unit R-34, amending Section 7, Holidays – Continued from Tuesday, 1/27/04 (Item #23) for second reading

14352 Read title, waived reading of ordinance in its entirety and adopted Ordinance O-2004-50

FILE 18629 O-2004-50

13. First reading and introduction of a salary ordinance amendment establishing two new classes in the

County Counsel’s office and one new class in the Sheriff’s office – CAO Recommends: Approve 14352 Read title, waived reading of ordinance in its entirety and continued to

Tuesday, 2/24/04, for second reading FILE 18682

14. First reading and introduction of a salary ordinance amendment increasing the salary for the General

Manager of the Retirement Association – CAO Recommends: Approve 53214 NN

Read title, waived reading of ordinance in its entirety and continued to Tuesday, 2/24/04, for second reading

FILE 18682

15. First reading and introduction of a salary ordinance amendment increasing salaries for five job classes

represented by the Alameda County Management Employees Association, and one class represented by the Alameda County Counsels Association, and adjusting salaries for Probation management job classes represented by the Alameda County Management Employees Association – CAO Recommends: Approve

45132 Read title, waived reading of ordinance in its entirety and continued to Tuesday, 2/24/04, for second reading

FILE 18682

16. Approve the request of fifteen Management Consultant positions to the Human Resources Services

Department to provide limited-term professional, administrative and technical services to County agencies and departments on a specific assignment basis – CAO Recommends: Approve



SUMMARY ACTION MINUTES 17. Treasurer-Tax Collector – Approve the Investment Policy for the 457 and 401(a) Deferred Compensation Plans

– CAO Recommends: Approve 51342 Approved as recommended FILE 18684 PUBLIC WORKS 18. Accept the Final Map, Tract 7274, located at 160-174 Grove Way; and approve the execution of a contract

with DRK Associates, Inc. (Principal: Donald R. Klein; Location: Castro Valley) for construction of tract improvements – CAO Recommends: Approve

51342 Approved as recommended FILE 18685 C-2004-322

19. Approve an agreement with Bay Area Air Quality Management District for the construction of on-street

(Class II) bicycle lanes along Tesla Road with South Vasco Road, 11/19/03 – 3/1/05 ($150,000); and authorize the Director to execute the agreement – CAO Recommends: Approve


10:30 A.M. - SET MATTER

PUBLIC WORKS 20. Adopt a resolution to accept the bid and award a contract to Vanguard Construction (Principals: Billie and

Frank Sposeto; Location: Oakland) for the repair of curb, gutter and sidewalk in Eden Township, Specification No. 1994 ($40,000)

51342 Approved as recommended FILE 18686 R-2004-320 C-2004-323

COUNTY COUNSEL: REPORT ON ACTION TAKEN IN CLOSED SESSION None PUBLIC INPUT (TIME LIMIT: 3 MINUTES PER SPEAKER) Darryl Hamon, Malcom Penton, Viko Gracian, Charvette Blincoe and Carolyn L. Maynard, spoke

about their concerns on budget cuts for the Independent Living Skills Program (ILSP)

ADJOURNED IN MEMORY OF

OBBIE JOHNSON



APPENDIX

CONSENT CALENDAR - ITEM NUMBERS 21 - 40 (ANY BOARD MEMBER MAY PULL ANY CONSENT ITEM FOR DISCUSSION OR SEPARATE VOTE)

53142 Approved as Recommended PUBLIC ASSISTANCE 21. Social Services Agency – Approve the Alameda County Area Agency on Aging Area Plan Year End Report

for 2002-2003; and authorize the President to sign the transmittal letter to the California Department of Aging FILE 18687 HEALTH CARE SERVICES 22. Accept the State Department of Health and Human Services allocation for the Family Health Services –

Black Infant Health Program in the Public Health Department, 7/1/03 – 6/30/04 ($1,133,268); and approve related budget and pay unit adjustments – (4/5 Vote)

FILE 18688 R-2004-321F

23. Approve a master contract funding augmentation for the East Bay Community Recovery Project (Principal:

Joan Zweben; Location: Oakland) for residential perinatal services, increasing the amount from $2,040,278 to $2,069,188 ($28,910 increase)

FILE 18689 24. Approve and accept the Public Health Institute/Partnership for Public Health’s grant amendment #5 in order

to create sustainable partnerships between the Public Health Department and the community; authorize the Director to execute the agreement; and approve related pay unit and budget adjustments, 9/1/03 – 8/31/04 ($150,000) – (4/5 Vote)

FILE 18690 R-2004-322F


SUMMARY ACTION MINUTES GENERAL ADMINISTRATION 25. General Services Agency – Approve the following recommendations related to the Board Chamber

Remodel/Upgrade Audio-Visual Systems Project, 1221 Oak Street, 5th Floor, Oakland, Project No. CPP02E201200000:

A. Authorize the Director to increase a contract with Kwan Henmi Architecture/Planning, Inc.

(Principal: Sylvia Kwan; Location: Oakland), extending the term from 12/31/02 to 12/31/03 and increasing the amount from $239,900 to $244,044 ($4,144 increase)

B. Authorize the Director to increase a contract with Romkon, Inc. (Principal: Roman Knop; Location: San Francisco), extending the term from 12/12/02 to 12/31/03 and increasing the amount from $510,000 to $593,660 ($83,660 increase)

C. Accept the work of Romkon, Inc. D. Authorize the Clerk of the Board division to transfer fiscal management reward funds designated for

this project to the Capital Project budget and approve an increase in appropriations in the amount of $157,349

E. Amend the 2003-2008 Capital Improvement Plan to increase funds for the Board Chamber Remodel/Upgrade Audio-Visual System Project No. CPP02E201200000 from $1,000,000 to $1,224,539 ($224,539 increase); and

F. Approve related budget adjustments – (4/5 Vote) FILE 18691

R-2004-323F 26. Human Resource Services – Approve the classification actions taken by the Civil Service Commission on

1/21/04 FILE 18579 Information Technology Department: 27. Approve and authorize the Auditor-Controller to make fiscal year 2003-2004 budget adjustments for

technology services provided to various departments ($50,643) – (4/5 Vote) FILE 18692

R-2004-324F 28. Approve and authorize the Auditor-Controller to make fiscal year 2003-2004 budget adjustments for

technology services provided to twenty-one law enforcement departments for implementation of Phase 1 of the Criminal Records Information Management System ($105,000) – (4/5 Vote)

FILE 18692 R-2004-325F


SUMMARY ACTION MINUTES 29. Registrar of Voters – Approve the following recommendations related to the Primary Election: A. Approve the following County facilities for use as Distribution Centers on Friday, 2/27/04; Saturday,

2/28/04; and Sunday 2/29/04: 1. Fairmont Hospital, General Services Agency Printing Services, 15800 Foothill Boulevard,

San Leandro 2. Fremont Courthouse, lobby, 39439 Paseo Padre Parkway, Fremont 3. Alameda County Offices, lobby, 224 West Winton Avenue, Hayward 4. Public Works Operation Building, 4825 Gleason Drive, Dublin B. Approve the following County facilities for use as Return Centers on Tuesday, 3/2/04: 1. Public Works Agency, Maintenance & Operation Building, 951 Turner Court, Hayward 2. Alameda County Library, 395 Paseo Grande, San Lorenzo 3. Hayward Veterans Building, 22737 Main Street, Hayward 4. Santa Rita Operations Building, 4825 Gleason Drive, Dublin FILE 18693 30. Treasurer-Tax Collector – Approve the County Treasurer’s Annual Investment Policy FILE 18694 PUBLIC PROTECTION 31. Public Defender – Approve an increase in appropriations for discretionary services and supplies offset by

revenue for extraordinary expenses associated with a special circumstance case ($150,000) – (4/5 Vote) FILE 18695

R-2004-326F 32. Sheriff – Approve mid-year position, pay unit and budget adjustments to reduce staffing levels at the request

of the Social Services Agency, effective 1/1/04 ($75,884 decrease) FILE 18653

R-2004-327F PUBLIC WORKS 33. Adopt a resolution to accept the improvements by Mardel, LLC Member Doyle Heaton and reduce the

performance guarantee for Tract 7185, located on Jelnicic and Fairview Avenue Intersection, Fairview District

FILE 18588 R-2004-328

34. Adopt a resolution to accept the improvements by Amarjit Mann and reduce the performance guarantee for

Tract 5789, located at 25024 Fairview Avenue, Fairview District FILE 18588

R-2004-329


SUMMARY ACTION MINUTES 35. Accept and authorize the recordation of a Grant Deed from George D. and Caroline M. Chouinard, Trustees,

conveying to the County a 15-foot wide strip of real property to conform Palomares Road to its future width line and that the conveyed parcel of property be declared a part of the County system of highways, 33853 Palomares Road R/W No. 35934

FILE 18696 R-2004-330

36. Accept and authorize the recordation of a Grant Deed from Rajdavinder Pal Atwal, conveying to the County

2-foot wide strip of real property to conform Meekland Avenue to its future width line and that the conveyed parcel of property be declared a part of the County System of highways

FILE 18696 R-2004-331

FLOOD CONTROL 37. Approve and authorize the execution of a modification to Agreement No. C-96-57 with the City of San

Leandro, to include the Storm Water Detention Pond 2, increasing the amount from $10,000 to $25,000 ($15,000 increase per year)

FILE 18697 C-2004-324

PERSONNEL, ADMINISTRATION AND LEGISLATION (PAL) BOARD COMMITTEE 38. PAL Board Committee Recommends: Approve legislation issues referred to the full Board of Supervisors A. Children’s Memorial Flag Commemorative Postage Stamp Recommendation: Support B. AB 649 (Wiggins) Development Services: Funding: Maintenance of Effort Recommendation: Support FILE 18660 BOARDS AND COMMISSIONS Supervisor Haggerty: 39. Re-appoint the following to the Public Health Advisory Committee, term ending 6/30/05: A. Ron Weinberg B. Angela Griffiths C. Marlene Petersen D. David Pye E. Jacob Eapen, M.D., MPH FILE 18661 40. Re-appoint Joseph Howard Gordon to the Assessment Appeals Board, term ending 9/6/06 FILE 18661



END OF CONSENT OUT-OF-STATE TRAVEL District Attorney – Senior Deputy District Attorney – “Virginia Institute of Forensic Science Conference” –

Williamsburg, Virginia, 3/23/04 – 3/25/04 (No Net County Cost) Health Care Services Agency: Program Specialist, Behavioral Health Care Services – Co-Occurring Grantee Meeting

“Strengthening the Recovery/Consumer Community Through Science and Service – Washington, D.C., 2/11/04 – 2/13/04 (No Net County Cost)

Program Specialist, Behavioral Health Care Services – Center for Substance Abuse Treatment

Grantee Workshop – Baltimore, Maryland, 2/23/04 – 2/25/04 (No Net County Cost) Children and Families Commission – Director, Family Support Services – National Training Institute-Zero to

Three – New Orleans, Louisiana, 12/3/03 – 12/7/03 (No Net County Cost) Fire Department – Captain – Train the Trainer for Tox-Medics – Jacksonville, Florida, 2/10/04 – 2/14/04 (No

Net County Cost) Information Technology – Systems Analyst – CIMS Operations Engineer Certification Course – Las Vegas,

Nevada, 3/9/04 – 3/12/04 ($3,000 Net County Cost) Library – Fund Development Specialist – “Association of Fundraising Professionals International

Conference” – Seattle, Washington, 3/12/04 – 3/17/04 (No Net County Cost) Sheriff – Undersheriff, County Sheriffs’ Association meeting – Washington, D.C., 2/23/04 – 2/24/04

($998.46 Net County Cost) FILE 18698




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 # P:\agenda\ag.min\ag rb

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BOARD OF SUPERVISORS · county administration building scott haggerty district 1 supervisors’ chamber gail steele, president district 2 1221 oak street alice lai-bitker district