Board of Supervisors
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SUMMARY ACTION MINUTES BOARD OF SUPERVISORS Regular Meeting Tuesday, July 13, 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. The Board of Supervisors’ meetings are wheelchair accessible. Call (510) 208-4949 (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) 208-4949. Attention: The Alameda County internet address is www.acgov.org. 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 http://www.acgov.org/board/index.htm. 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, JULY 13, 2004 - PAGE 1 SUMMARY ACTION MINUTES 9:00 A.M. CALLED TO ORDER AND SALUTEDTO FLAG 352 14 APPROVED MINUTES OF SPECIAL MEETING: MONDAY, JUNE 21, 2004 XX SPECIAL MEETING: TUESDAY, JUNE 22, 2004 SPECIAL MEETING: FRIDAY, JUNE 25, 2004 SPECIAL MEETING: MONDAY, JUNE 28, 2004 REGULAR MEETING: TUESDAY, JUNE 29, 2004 CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS 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 Organization: Alameda County Counsels Association Agency Negotiators: Denise Eaton-May, Denyce Holsey and Glenn Berkheimer Employee Organization: Probation Peace Officers Association Agency Negotiators: Denise Eaton-May Employee Organization: Unrepresented Management 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: Golden Bay Fence Plus Iron Works, Inc. vs. County of Alameda and NBC General Contractor Corporation, Inc., Superior Court Case No. RG04163121 Name of Case: Tam v. County of Alameda, Alameda County Superior Court Case #2003083016 Frank Santos, Diane Qualls and Rebecca Johnson, et. al. v. County, et. al., US District Court No. (pending) MINUTES - BOARD OF SUPERVISORS’ MEETING, TUESDAY, JULY 13, 2004 - PAGE 2 SUMMARY ACTION MINUTES 10:00 A.M. - SET MATTERS 1. CONSENT CALENDAR (See Appendix, Item Numbers 17 - 50) 35142 Approved as recommended 10:00 A.M. - REGULAR CALENDAR BOARD OF SUPERVISORS’ REMARKS President Steele adjourned the meeting in memory of Laron Philips, 17 years old, who died by violence on July 9, 2004 GENERAL ADMINISTRATION 1A. President Steele – Reconsideration of the item on the July 1, 2004 Planning Meeting of the Board of Supervisors, entitled: Proposed revisions to provisions of Chapter 12.20 of the Alameda County Ordinance Code regarding dedication of land or payment of fees to local park agencies for provision of park and recreation facilities Continued to Tuesday, 7/27/04 FILE 19004 2. Community Development Agency – Authorize the execution of a contract with the Breakers at Bayport, L.P. (Principal: Daniel Sawislak; Location: Berkeley) to develop Bayport Apartments, 52 units of new affordable housing for low-income households in the City of Alameda, 7/13/04 – 12/31/06 ($385,792) – CAO Recommends: Approve 51342 Approved as recommended FILE 19120 C-2004-494 3. General Services Agency – Delegate to Stanley Fung, Public Works Agency, the Board of Supervisors’ function under Public Contract Code Section 4107 to conduct a hearing on the request by NBC General Contractor Corporation to substitute a subcontractor on the Project Yes project; and direct Mr. Fung to submit a recommendation to the Board with respect to whether the Board should consent to the requested substitution – CAO Recommends: Approve 51342 Approved as recommended FILE 19121 Human Resource Services: 4. First reading and introduction of an ordinance amending certain provisions of the 2003-2004 Alameda County Salary Ordinance establishing a footnote for the Commander of the Alameda County Narcotics Task Force in the Sheriff’s Department – CAO Recommends: Approve 1342 5 Read title, waived reading of ordinance in its entirety and continued to FILE 18682 N Tuesday, 7/27/04, for second reading 5. Adopt a Sideletter of Agreement with the Deputy Sheriff’s Association of Alameda County establishing an alternate work schedule in the Law Enforcement Services Division of the Sheriff’s Department – CAO Recommends: Approve 13452 Approved as recommended FILE 18649 MINUTES - BOARD OF SUPERVISORS’ MEETING, TUESDAY, JULY 13, 2004 - PAGE 3 SUMMARY ACTION MINUTES 6. Adopt three Sideletters of Agreement with the Union of American Physicians and Dentists represented employees in Representation Units 18 and 24 to extend for one year the current Memorandum of Understanding and related agreements – CAO Recommends: Approve 13452 Approved as recommended FILE 18649 7. Human Resource Services and General Services Agency – Authorize the Purchasing Agent to negotiate and sign a contract with CPS Human Resource Services (Principal: Mertianna Georgia; Location: Sacramento) to provide job classification study, audit and review services, 8/1/04 – 12/31/04 ($64,323) – CAO Recommends: Approve 35142 Approved as recommended FILE 18560 8. Library – Approve the following related to a visioning and master planning project for the San Lorenzo Library service area: A. Authorize the County Library to use Group 4 Architecture Research and Planning, Inc. (Principal: Dawn Merkes; Location: South San Francisco) to conduct a master plan process for library facility needs for the San Lorenzo Library, 7/20/04 – 6/30/05 ($51,750); and B. Authorize the Purchasing Agent to issue a purchase order for same – CAO Recommends: Approve 51342 Approved as recommended FILE 19122 9. County Administrator – Authorize the Auditor-Controller to make appropriation and revenue adjustments to the Risk Management Program budget to offset increased workers’ compensation costs – (4/5 Vote) – Continued from Tuesday, 6/29/04 (Item #13) 34152 Approved as recommended FILE 18801 10. County Administrator, Treasurer and General Services Agency – Approve the following recommendations for tax audit and consulting services: A. Authorize the Purchasing Agent to negotiate and the President of the Board of Supervisors to sign contract documents with the HdL Companies (Principal: Lloyd de Llamas; Location: Diamond Bar) and MBIA Muniservices Company (Principal: Marc Herman; Location: Fresno), 8/1/04 – 7/31/07 ($570,000), with an option to renew for additional terms; and B. Adopt a resolution granting authority to HdL Companies and their subcontractor, CGR Management Consultants, to examine the sales and use tax information for Alameda County pursuant to Revenue & Taxation Code Section 7056 Continued to Tuesday, 7/27/04 FILE 19123 PUBLIC WORKS 11. First reading and introduction of an ordinance amending the Alameda County Public Works Traffic Code relating to Vehicles and Traffic, which include two changes to Chapter 1, Article 7, relating to no parking zones and no stopping zones and three changes to Chapter 1, Article 20, relating to disabled persons and veterans parking zones in the Castro Valley, Hayward and San Leandro areas – CAO Recommends: Approve 14352 Read title, waived reading of ordinance in its entirety and continued to Tuesday, FILE 18569 7/27/04, for second reading MINUTES - BOARD OF SUPERVISORS’ MEETING, TUESDAY, JULY 13, 2004 - PAGE 4 SUMMARY ACTION MINUTES 12. Adopt a resolution approving the restriction of left-turns at the intersection of westbound I-580 and Strobridge Avenue to minimize bypass traffic in the Baywood Area in Castro Valley; and direct the Director of Transportation to post necessary signs and barricades – CAO Recommends: Approve 51342 Approved as recommended FILE 19124 R-2004-598 13.