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HomeMy WebLinkAboutMINUTES - 02072017 - Board of SupervisorsCALENDAR FOR THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY AND FOR SPECIAL DISTRICTS, AGENCIES, AND AUTHORITIES GOVERNED BY THE BOARD BOARD CHAMBERS ROOM 107, ADMINISTRATION BUILDING, 651 PINE STREET MARTINEZ, CALIFORNIA 94553-1229 FEDERAL D. GLOVER, CHAIR, 5TH DISTRICT KAREN MITCHOFF, VICE CHAIR, 4TH DISTRICT JOHN GIOIA, 1ST DISTRICT CANDACE ANDERSEN, 2ND DISTRICT DIANE BURGIS, 3RD DISTRICT DAVID J. TWA, CLERK OF THE BOARD AND COUNTY ADMINISTRATOR, (925) 335-1900 PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR WITH RESPECT TO AN ITEM THAT IS ON THE AGENDA, MAY BE LIMITED TO TWO (2) MINUTES. A LUNCH BREAK MAY BE CALLED AT THE DISCRETION OF THE BOARD CHAIR. The Board of Supervisors respects your time, and every attempt is made to accurately estimate when an item may be heard by the Board. All times specified for items on the Board of Supervisors agenda are approximate. Items may be heard later than indicated depending on the business of the day. Your patience is appreciated. ANNOTATED AGENDA and MINUTES February 7, 2017                  9:00 A.M. Convene and announce adjournment to closed session in Room 101. Closed Session A. CONFERENCE WITH LABOR NEGOTIATORS 1. Agency Negotiators: David Twa and Bruce Heid. Employee Organizations: Contra Costa County Employees’ Assn., Local No. 1; Am. Fed., State, County, & Mun. Empl., Locals 512 and 2700; Calif. Nurses Assn.; Service Empl. Int’l Union, Local 1021; District Attorney’s Investigators Assn.; Deputy Sheriffs Assn.; United Prof. Firefighters, Local 1230; Physicians’ & Dentists’ Org. of Contra Costa; Western Council of Engineers; United Chief Officers Assn.; Service Employees International Union Local 2015; Contra Costa County Defenders Assn.; Probation Peace Officers Assn. of Contra Costa County; Contra Costa County Deputy District Attorneys’ Assn.; and Prof. & Tech. Engineers, Local 21, AFL-CIO; Teamsters Local 856. 2. Agency Negotiators: David Twa. Unrepresented Employees: All unrepresented employees. B. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Gov. Code, § 54956.9(d)(1)) Contra Costa County v. Servico Concord, Inc., et al., Contra Costa County Superior Court Case No. C13-00958 1. Julie Raner v. Contra Costa County, WCAB No. ADJ8069072. Keller Canyon Landfill Company v. County of Contra Costa, et al., Contra Costa County Superior Court Case No. C16-02062 3. BNSF Railway Co. Cross Complaint in Cardenas, et al. v. Contra Costa County, et al., Contra Costa County Superior Court Case No. C09-01011 4. Ambac Bond Insurance Cases, San Francisco Superior Court Case No. CJC-08-004555 (JCP 4555)5. C. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION February 7, 2017 Contra Costa County Board of Supervisors Minutes 1 Significant exposure to litigation pursuant to Gov. Code, § 54956.9(d)(2): Two potential cases. D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: County Administrator 9:30 A.M. Call to order and opening ceremonies. Inspirational Thought- "You may not control all the events that happen to you, but you can decide not to be reduced by them."~Maya Angelou Present: John Gioia, District I Supervisor; Candace Andersen, District II Supervisor; Diane Burgis, District III Supervisor; Karen Mitchoff, District IV Supervisor; Federal D. Glover, District V Supervisor Staff Present:David Twa, County Administrator Sharon Anderson, County Counsel CONSIDER CONSENT ITEMS (Items listed as C.1 through C.109 on the following agenda) – Items are subject to removal from Consent Calendar by request of any Supervisor or on request for discussion by a member of the public. Items removed from the Consent Calendar will be considered with the Discussion Items.   PRESENTATIONS (5 Minutes Each)   PRESENTATION recognizing the 5 Millionth Meal delivered to a Homebound elder in Contra Costa County. (William Walker, M.D., Health Services Director)    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover DISCUSSION ITEMS   D. 1 CONSIDER Consent Items previously removed.    There were no items removed from consent.   D. 2 PUBLIC COMMENT (2 Minutes/Speaker)    Lisa Della Rocco, resident of Pittsburg, spoke on an increase in the seagull population which she attributes to Keller Canyon Landfill; Jennette Borcic, resident of Pittsburg, spoke on foul odors emanating from the Keller Canyon Landfill, and noise from the seagull populations.   D.3 CONSIDER accepting the 2016 Annual Report from the Contra Costa County Flood Control and Water Conservation District (Flood Control District); DIRECT the Chief Engineer, or designee, to implement the Action Plans in the report, with a follow-up report to the Board of Supervisors annually; and REFER the Flood Control District’s efforts to develop sustainable funding to the Transportation, Water and Infrastructure Committee, Countywide. (100% Flood Control District Funds) (Tim Jensen, Public Works Department) (Consider with C.17)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D.4 CONSIDER approving and authorizing the hiring of Liliana Rotzscher, Civil Litigation Secretary, in the Office of the County Counsel as a temporary County employee for the period February 7, 2017 through February 6, 2018. (Sharon L. Anderson, County Counsel)        February 7, 2017 Contra Costa County Board of Supervisors Minutes 2  AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D.5 HEARING on the itemized costs of abatement for a vacant lot located on San Pablo Ave. (APN 357-020-025), Rodeo, California (Carquinez Strait Preserve Trust c/o Myrna Hayes, Owner). (Jason Crapo, Conservation and Development Department)       CLOSED the hearing; DETERMINED the cost of all abatement work and all administrative costs to be $6,794.64; ORDER the itemized report confirmed and DIRECT that it be filed with the Clerk of the Board of Supervisors; ORDERED the costs to be specially assessed against the above-referenced property and AUTHORIZED the recordation of a Notice Of Abatement Lien.     AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D.6 HEARING on an appeal of the County Planning Commission's decision to approve a development plan and tree permit for a new single-family residence at 192 High Street in the Pacheco area. (Shahin Sharifi and Frank Sadighpour, Owner/Applicant; Tami Welcome, Appellant). (100% applicant fees) (Lashun Cross, Conservation and Development Department) (Continued from January 17, 2017)       CLOSED the hearing; FOUND that the proposed project is categorically exempt from the California Environmental Quality Act ; DENIED the appeal of Tami Welcome; SUSTAINED the decision of the County Planning Commission; APPROVED County File #DP16-3002, a development plan to demolish an existing single-family residence and construct a new 2,220 square-foot single-family residence with a tree permit to remove two multi-stemmed pine trees; ADOPT the attached findings and REVISED conditions of approval for County File #DP16-3002; DIRECTED the Department of Conservation and Development to post a Notice of Exemption with the County Clerk.     AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D.7 CONSIDER accepting the report from the Employment and Human Services Department on aging and adult services, including the progress made to address the issue of elder abuse in Contra Costa County. (Kathy Gallagher, Employment and Human Services Director)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D.8 CONSIDER adopting Resolution No. 2017/44, approving the County's proposal to be awarded $70 million in State financing for the West Contra Costa County Reentry, Treatment, and Housing facility project in the Richmond area, authorizing the Sheriff to submit the proposal to the State, and taking related actions, as recommended by the Sheriff-Coroner. (David O. Livingston, Sheriff-Coroner)       Speakers: Cecilia Valdez, Mayor of San Pablo; Antonio Medrano, American Civil Liberties Union February 7, 2017 Contra Costa County Board of Supervisors Minutes 3  Speakers: Cecilia Valdez, Mayor of San Pablo; Antonio Medrano, American Civil Liberties Union (ACLU); Maricar Tan, RN, Contra Costa Regional Medical Center; Amy Scott-Slovick, California Nurses Association (CNA); Andrew Dadko, CNA; Rochelle Pardue, El Cerrito City Council; Margaret Ewing, resident of Canyon; Kathleen Sullivan, Black Women Organized for Political Action (BWOPA); Phil Arnold, IWF; Julia Thompson Gallego, resident of San Ramon; Genny Zentella, resident of San Pablo; Blanca Retano (translated by Edith Pastrano); Jovanka Beckles, Richmond City Council; Jerry Elstes, resident of Richmond; Emilia Bermudez, Alliance of Californians for Community Empowerment (ACCE); Gabriel Haaland, SEIU 1021; Tanisha Walker, Safe Return Program; Harry Baker, SEIU 1021; Eduardo Martinez, resident of Richmond; Melvin Willis, ACCE; Nancy Ybarra, Contra Costa Interfaith Supporting Coumunity Organization (CCISCO); Kristi Laughlin, Faith Alliance for a Moral Economy, EBASE; Bob Lane, Faith Alliance; Lua Riley, resident of Richmond; Lizzy Gore, resident of Richmond; Claudia Jimenz, resident of Richmond; Juan Lozano, ACCE; David Brazil, Faith Alliance for a Moral Economy; Juan Reardon, Richmond Progressive Alliance (RPA); Duane Chapman, Chair, Mental Health Commission; Sean Casey, Executive Director, First 5 Contra Costa; Maria Alegria, resident of Pinole; Diddo Clar, CCC Democratic Party Secretary; Nancy Kelly, Unitarian-Universalist Church Social Justice Council; Lauren Rettagliata; Jim Foley, IBEW 302; Lee Lawrence, League of Women Voters, Diablo Valley; Rita Xavier, League of Women Voters, West CCC; Zuleika Godinez, Ensuring Opportunity Campaign; Rita Barouch, resident of Richmond; Douglas Dunn, resident of Antioch (handout); Edith Pastrano, resident of Richmond; Jessica Penegrinar, Concilio Latina; Patricia Ponce, resident of San Pablo; Lee Turner, resident of Richmond; Ankush Ganapathy, ACCE; Donnell Jonel, Ceasefire; Caudelaria Martinez, CCC Racial Justice Coalition; Indigo Mateo, resident of Antioch; Peggy Kroll, resident of Danville; Melissa Crosby, resident of Richmond; Jesus Pimentel; Jovana Fajardo, ACCE. The following did not speak but left written comments (attached): Wendy Kate Collins, resident of Martinez; David Kahler, National Alliance on Mental Illness; Donald Specter, Prison Law Office; Jane & Michael Larkin, residents of Walnut Creek; high school students from West County.     AYE: District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover NO: District I Supervisor John Gioia D. 9 CONSIDER reports of Board members.    There were no items reported today.   Closed Session   ADJOURN in memory of ROBERT ABBADIE, of Discovery Bay   CONSENT ITEMS   Road and Transportation   C. 1 AUTHORIZE the Public Works Director, or designee, to advertise the Countywide Trash Capture Project for the manufacturing and installation of full trash capture units in 154 inlets, Countywide. (100% Stormwater Utility Assessment 17 Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 2 ADOPT Resolution No. 2017/30 to APPROVE the Bel Air Trail Crossing Project and related actions    February 7, 2017 Contra Costa County Board of Supervisors Minutes 4 C. 2 ADOPT Resolution No. 2017/30 to APPROVE the Bel Air Trail Crossing Project and related actions under the California Environmental Quality Act, and AUTHORIZE the Public Works Director, or designee, to advertise the Project and submit a 2017/2018 Transportation Development Act Grant Application to the Metropolitan Transportation Commission in the total amount of $150,000, for fiscal year 2016/2017, Bay Point area. (65% Local Road Funds, 35% Transportation Development Act Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 3 ADOPT Resolution No. 2017/31 to APPROVE the Walnut Creek Crosswalk Improvements Project and related actions under the California Environmental Quality Act, and AUTHORIZE the Public Works Director, or designee, to advertise the Project and submit a 2017/2018 Transportation Development Act Grant Application to the Metropolitan Transportation Commission in the total amount of $78,500, for fiscal year 2016/2017, Unincorporated Walnut Creek area. (70% Federal Highway Safety Improvement Program Funds, 30% Transportation Development Act Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 4 ADOPT Resolution No. 2017/32 to APPROVE the Parker Avenue Pedestrian Improvement Project In Rodeo and related actions under the California Environmental Quality Act and AUTHORIZE the Public Works Director, or designee, to advertise the Project and submit a 2017/2018 Transportation Development Act Grant Application to the Metropolitan Transportation Commission in the total amount of $100,000, for fiscal year 2016/2017, Rodeo area. (60% Transportation Development Act Funds, 40% Local Road Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Engineering Services   C. 5 ADOPT Resolution No. 2017/28 approving the Stormwater Management Facilities Operation and Maintenance Agreement for subdivision SD13-9352, for a project being developed by Civic Property Group, Inc., Sole Member, Driftwood Community, LLC, as recommended by the Public Works Director, Bay Point area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 6 ADOPT Resolution No. 2017/33 approving and authorizing the Public Works Director, or designee, to execute the Deferred Improvement Agreement for minor subdivision MS05-00008, for a project being developed by Phillip and Karla Storrer, as recommended by the Public Works Director, Brentwood area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 7 ADOPT Resolution No. 2017/34 accepting the Grant Deed of Development Rights for minor subdivision MS05-00008, for a project being developed by Phillip and Karla Storrer, as recommended by the Public Works Director, Brentwood area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 8 ADOPT Resolution No. 2017/35 approving the Stormwater Management Facilities Operation and    February 7, 2017 Contra Costa County Board of Supervisors Minutes 5 C. 8 ADOPT Resolution No. 2017/35 approving the Stormwater Management Facilities Operation and Maintenance Agreement for minor subdivision MS05-00008, for a project being developed by Phillip and Karla Storrer, as recommended by the Public Works Director, Brentwood area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 9 ADOPT Resolution No. 2017/37 accepting completion of improvements and approving the Parcel Map for minor subdivision MS05-00008 for a project developed by Phillip and Karla Storrer, as recommended by the Public Works Director, Brentwood area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Special Districts & County Airports   C. 10 APPROVE the development of the Contra Costa Watershed Storm Water Resource Plan and related actions under the California Environmental Quality Act, and AUTHORIZE the Chief Engineer, or designee, to advertise the Plan, Countywide. (50% Proposition 1 Grant Funding and 50% Stormwater Utility Fee Assessments)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 11 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute, on behalf of the County, an amendment to the Transportation Service Agreement with the Measure J Traffic Congestion Relief Agency (TRAFFIX), effective December 19, 2016, to agree to pay TRAFFIX one-half of the costs to operate two school bus routes within County Service Area T-1, Danville area, as recommended by the Public Works Director. (100% CSA T-1 Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 12 APPROVE the Garin Ranch Basin and Heron Park Basin Low-flow Channel Improvements Project and related actions under the California Environmental Quality Act, and AUTHORIZE Chief Engineer, or designee, to advertise the Project, Brentwood area. (100% Drainage Area 52C Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 13 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Golden Gate Aviation, LLC, for a Large T-hangar at Buchanan Field Airport effective December 15, 2016 in the monthly amount of $748.23. (100% Airport Enterprise Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Claims, Collections & Litigation   C. 14 DENY claims filed by Patricia Boucher, Kristie Karkanen, Ashton Montalvo, and State Farm Insurance as subrogee of Anne Ablaza.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor February 7, 2017 Contra Costa County Board of Supervisors Minutes 6  AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Honors & Proclamations   C. 15 ADOPT Resolution No. 2017/18 recognizing the five millionth meal delivered to a homebound elder in Contra Costa County, as recommended by the Health Services Director.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 16 ADOPT Resolution No. 2017/29 honoring Pamela Mirabella for her devoted service to the education of Contra Costa County students as a 28-year Trustee of the Contra Costa Board of Education, as recommended by Supervisor Gioia.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 17 ADOPT Resolution No. 2017/36 recognizing The Restoration Trust and Boy Scout Troop 239, for their contributions to the annual Giving the Natives a Chance planting event, as recommended by the Chief Engineer, Flood Control and Water Conservation District, Concord area. (No fiscal impact) (Consider with D.3)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Hearing Dates   C. 18 FIX March 7, 2017 at 9:30 a.m. for a public hearing on the determination of property tax administrative costs, and DIRECT the Clerk of the Board to notify affected local jurisdictions of the public hearing and to prepare and publish the required legal notice, as recommended by the County Administrator.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Appointments & Resignations   C. 19 ACCEPT the resignation of Michael Caine, DECLARE a vacancy in the County Special Districts seat on the Treasury Oversight Committee, and DIRECT the Clerk of the Board to post the vacancy, as recommended by the Treasurer-Tax Collector.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 20 REAPPOINT Rose Chiat to the District IV seat on the Countywide Bicycle Advisory Committee, as recommended by Supervisor Mitchoff.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 21 APPOINT Beth Mora to the District II seat of the Contra Costa Commission for Women, as recommended by Supervisor Andersen.    February 7, 2017 Contra Costa County Board of Supervisors Minutes 7    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 22 ACCEPT the resignation of Beth Mora, DECLARE a vacancy in the At-Large #11 seat on the Contra Costa Commission for Women, and DIRECT the Clerk of the Board to post the vacancy, as recommended by the Contra Costa Commission for Women.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 23 ACCEPT the resignation of Walt Gillfillan, DECLARE a vacancy in the Alternative 2 seat on the Kensington Municipal Advisory Council, and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Gioia.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 24 APPROVE the medical staff appointments and reappointments, affiliates, additional privileges and voluntary resignations as recommended by the Medical Staff Executive Committee, at the January 23, 2017 meeting, and by the Health Services Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 25 ACCEPT the resignation of John Lee, M.D. as Alternate for physicians on the Joint Conference Committee, and APPOINT Ori Tzvieli, M.D as the Alternate for physicians, as recommended by the Contra Costa Health Plan Medical Director and the Health Services Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 26 REAPPOINT Ron Banducci to the Appointee 4 seat, William Marz to the Appointee 7 seat, and Janet Smith to the Appointee 1 seat on the County Service Area P-2A Advisory Committee, as recommended by Supervisor Burgis.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Appropriation Adjustments   C. 27 Sheriff's Office (0255): APPROVE Appropriation Adjustment No. 5047 authorizing new revenue in the Office of the Sheriff (0255) in the amount of $324,000 from the Office of the Traffic Safety grant and appropriating it for the Sheriff's Forensic Services Unit purchase of breath alcohol instruments. (100% State)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Intergovernmental Relations   C. 28 ADOPT a "Support" position on Senate Bill 1 (Beall): Transportation Funding), which will increase    February 7, 2017 Contra Costa County Board of Supervisors Minutes 8 C. 28 ADOPT a "Support" position on Senate Bill 1 (Beall): Transportation Funding), which will increase revenues for transportation infrastructure purposes through tax and fee increases, streamline project delivery through environmental review process revisions, and other protective actions relative to transportation revenue, and AUTHORIZE the Chair of the Board of Supervisors to sign a letter communicating the Board's position, as recommended by the Conservation and Development Director. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Personnel Actions   C. 29 ADOPT Position Adjustment Resolution No. 22016 to reclassify one Child Nutrition Division Nutritionist-Project (unrepresented) position and the incumbent to Comprehensive Services Manager-Project (unrepresented) in Employment and Human Services Department. (50% Federal, 50% State)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 30 ADOPT Position Adjustment Resolution No. 22024 to add seven information technology (represented) positions and cancel one Information Systems Assistant II position (represented) in the Health Services Department. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 31 ACKNOWLEDGE the results of the decertification election of the Property Appraisers Unit to be unrepresented and no longer be represented by AFSCME, Local 512, as recommended by the Employee Relations Officer.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Leases   C. 32 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a sub-sublease with Concord Jet Service Incorporated, in an amount not to exceed $350,000 to provide aircraft hangar, office space and helicopter fuel for the period of May 1, 2017 through April 30, 2019. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Grants & Contracts   APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of fund and/or services:   C. 33 APPROVE and AUTHORIZE the Health Services Director or designee, to execute, on behalf of the County, a contract with University of California, San Francisco, to pay the County an amount not to exceed $12,780 for the Comparison of 3 Modes of Genetic Counseling in High-Risk Public Hospital Patients Research Project at Contra Costa Regional Medical Center and Health Centers, for the period January 1 through March 31, 2017. (No County match)    February 7, 2017 Contra Costa County Board of Supervisors Minutes 9    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 34 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply for and accept grant funding in an amount not to exceed $238,016 from the National Asian Pacific Center on Aging for the Senior Community Service Employment Program for the period February 1, through June 30, 2017. (10% County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 35 APPROVE and AUTHORIZE the Health Services Director or designee, to execute two agreements with a total net potential revenue to the County estimated at $750,000, with the California Department of Public Health, to participate in the Medi-Cal County Inmate Program for the periods April 1, 2017 through June 30, 2017 and July 1, 2017 through June 30, 2018. (6% County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 36 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with California Department of Community Services and Development for energy assistance and weatherization services programs, effective December 30, 2016, to change the contract term end date from December 31, 2016 to May 15, 2017. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 37 ADOPT Resolution 2017/39 authorizing the Sheriff-Coroner, or designee, to apply for and accept the 2016 Paul Coverdell Forensic Services Improvement Grant, with the Governor's Office of Emergency Services, as fiscal agent, in an initial amount of $28,145 for support of forensic training for the period beginning October 1, 2016 through the end of the grant period. (100% Federal)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 38 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with the California Department of Public Health, Office of AIDS, to pay County an amount not to exceed $97,700, for the County’s Public Health HIV Care Program, for the period November 30, 2016 through September 29, 2018. (No County Match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover APPROVE and AUTHORIZE execution of agreement between the County and the following parties as noted for the purchase of equipment and/or services:   C. 39 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a software and licensing agreement with LexisNexis Risk Solutions Incorporated to support the Bair Analytics-ATACRAIDS & ATAC Workstations in an initial term of February 1, 2017 through January 31, 2018 in an amount of $85,000 for workstations and yearly maintenance and licensing fees that continues until such agreement is canceled by either party. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor February 7, 2017 Contra Costa County Board of Supervisors Minutes 10  AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 40 APPROVE and AUTHORIZE the County Counsel, or designee, to execute a contract with Baker & O'Brien, Inc., in an amount not to exceed $700,000 to provide refining industry analyses in connection with refinery property tax appeals, for the period January 1 through December 31, 2017. (100% Property Tax Administration fees)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 41 AUTHORIZE the Auditor-Controller to pay, on behalf of the Sheriff-Coroner, an amount not to exceed $39,222 to R&S Erection of Concord, Inc. for the installation of a security gate at the Sheriff's Firearms Range. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 42 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract with Environmental Science Associates in the amount of $228,858 to prepare an Environmental Impact Report for the Bayview Estates Project located in the Martinez / Vinehill area, for the period February 8, 2017 through February 7, 2020. (100% Applicant fees)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 43 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Public Consulting Group, Inc., effective January 1, 2017, to increase the payment limit by $149,995 to a new payment limit of $225,595, to expand the scope of work to include additional technical assistance, strategic planning, and other related services for the period July 1, 2016 through June 30, 2017. (100% Federal)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 44 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Hilltop Radiology, LLC (dba Hilltop Imaging and Diagnostic Center), in an amount not to exceed $850,000 to provide diagnostic imaging services to Contra Costa Health Plan members for the period March 1, 2017 through February 28, 2019. (100% Contra Costa Health Plan Enterprise Fund II)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 45 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract amendment with Michael Baker International for development of a Flood Emergency Management program extending the termination date of the contract from January 31, 2017 to October 8, 2018 with no change to the payment limit. (Cost neutral)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 46 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to issue a Request for Proposals for prevention and intervention services to abused and neglected children and their families in an amount not to exceed $640,000 for the period July 1, 2017 through June 30, 2018. (40% State, 40% County, 20% Donations)      February 7, 2017 Contra Costa County Board of Supervisors Minutes 11   AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 47 APPROVE and AUTHORIZE the Chief Information Officer-Department of Information Technology, or designee, to execute a contract amendment, effective February 7, 2017, with Mohammed A. Gaffar (dba Sierra Consulting), to increase the payment limit by $50,000 to a new payment limit of $150,000 with no change in the term of September 1, 2015 through August 31, 2017, to provide continuing consulting and programming support services. (100% User fees)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 48 APPROVE and AUTHORIZE the Director of Child Support Services, or designee, to execute a contract containing modified indemnification language with Laboratory Corporation of America Holding, in an amount not to exceed $50,000 to provide genetic parentage testing services, for the period January 1 through December 31, 2017. (66% Federal, 34% State)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 49 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with 1125 Sir Francis Drake Boulevard Operating Company, LLC (dba Kentfield Rehabilitation and Specialty Hospital), in an amount not to exceed $1,750,000 to provide long-term acute care hospital services for Contra Costa Health Plan members for the period February 1, 2017 through January 31, 2018. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 50 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Pleasanton Physical Therapy Services Inc. (dba Back on Track Physical Therapy), in an amount not to exceed $500,000 to provide physical therapy services for Contra Costa Health Plan members for the period from February 1, 2017 through January 31, 2019. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 51 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Clark S. Tsai, M.D., Inc., in an amount not to exceed $500,000 to provide ophthalmology services for Contra Costa Health Plan members for the period February 1, 2017 through January 31, 2019. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 52 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Michael P. Sherman, M.D., a medical corporation (dba Contra Costa Oncology), in an amount not to exceed $1,500,000 to provide oncology services to Contra Costa Health Plan members for the period February 1, 2017 through January 31, 2019. (100% Contra Costa Health Plan Enterprise Fund II)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 53 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with    February 7, 2017 Contra Costa County Board of Supervisors Minutes 12 C. 53 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with David Gilbert, M.D., in an amount not to exceed $300,000 to provide ophthalmology services for Contra Costa Health Plan members for the period February 1, 2017 through January 31, 2019. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 54 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Herculean Babies Pediatrics in an amount not to exceed $500,000 to provide pediatric primary care services to Contra Costa Health Plan members, for the period March 1, 2017 through February 28, 2019. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 55 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Thomas J. McDonald, M.D., effective January 1, 2017, to increase the payment limit by $297,000 to a new payment limit of $1,722,000 to provide additional ophthalmology services with no change in the original term of June 1, 2014 through May 31, 2017. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 56 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Health Management Systems, Inc., in an amount not to exceed $3,000,000 to provide auditing services for the Contra Costa Health Plan for the period February 1, 2017 through January 31, 2019. (100% Contra Costa Health Plan Enterprise Fund II)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 57 APPROVE clarification of Board action of December 20, 2016 (C.51), which authorized the Conservation and Development Director, or designee, to execute a contract amendment with Cardno, Inc., to extend the term of from December 31, 2016 through December 31, 2018 for the completion of the environmental impact report for the Shell Martinez Refinery's Greenhouse Gas Reduction Project, to reflect a payment limit of $456,945 instead of $434,521. (100% applicant fees)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 58 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Victor Kogler in an amount not to exceed $125,938 to provide consultation, technical assistance and operational support to the Behavioral Health Services Division, for the period January 1 through December 31, 2017. (10% Federal Prevention Set-Aside, 60% Federal Prevention Treatment Discretionary/Realignment, 30% County Realignment funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 59 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract    February 7, 2017 Contra Costa County Board of Supervisors Minutes 13 C. 59 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Contra Costa Interfaith Transitional Housing, Inc., effective January 1, 2017, to increase the payment limit by $56,583 to a new payment limit of $206,963 to provide community-based mental health services for seriously disturbed youth, with no change in the original term of July 1, 2016 through June 30, 2017; and to increase the automatic extension payment limit by $28,291 to a new payment limit of $103,481 through December 31, 2017. (50% Federal Financial Participation; 50% Mental Health Realignment)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 60 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Robin Asher, M.D., in an amount not to exceed $199,680 to provide outpatient psychiatric care services to children and adults in East and West County for the period April 1, 2017 through March 31, 2018. (50% Federal Financial Participation, 50% Mental Health Realignment)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 61 APPROVE and AUTHORIZE the County Counsel, or designee, to terminate a contract with David F. Schmidt, A Professional Corporation, effective at the close of business on February 7, 2017, and hire David F. Schmidt as a temporary employee effective February 8, 2017.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 62 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment to recognize the name change of the corporation from Milhous Children’s Services, Inc., to Mountain Valley Child and Family Services, Inc., with no change in the contract payment limit of $839,450 or the term of July 1, 2016 through June 30, 2017. (50% Federal Financial Participation; 50% Mental Health Realignment)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 63 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Women’s Health Partners of California, Inc., in an amount not to exceed $800,000 to provide obstetrics and gynecology services to Contra Costa Health Plan members and County recipients, for the period January 1, 2017 through December 31, 2018. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 64 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Specialty Laboratories, Inc. (dba Quest Diagnostics Nichols Institute of Valencia), in an amount not to exceed $4,650,000, to provide outside clinical laboratory services for Contra Costa Regional Medical and Health Centers, for the period January 1, 2017 through December 31, 2018. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 65 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a    February 7, 2017 Contra Costa County Board of Supervisors Minutes 14 C. 65 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract amendment with Environmental Science Associates, to extend the term from April 22 through December 31, 2017, and increase the payment limit by $38,995 to a new payment limit of $395,627, to provide continued service to complete the environmental impact report for the Saranap Village Mixed-Use Project. (100% Development Application fees)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 66 APPROVE and AUTHORIZE the Purchasing Agent or designee to execute, on behalf of the Public Works Director, a blanket purchase order with G&K Services in an amount not to exceed $450,000 for as-needed garment rental and laundry services for the period February 1, 2017 through January 31, 2020, Countywide. (100% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 67 APPROVE and AUTHORIZE the Purchasing Agent or designee to execute, on behalf of the Chief Information Officer-Department of Information Technology, purchase orders with SSP Data, Integrated Archive Systems, Inc., Sirius Computer Solutions, Inc., and a third-party lease agreement with IBM Global Finance in an amount not to exceed $894,275, for the purchase of hardware and software required to maintain the County's wide area network, VoIP (voice over internet protocol), and regional communication systems, for the period April 1, 2017 through March 31, 2022, Countywide. (100% Department User Fees)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 68 APPROVE and AUTHORIZE the Purchasing Agent or designee to execute, on behalf of the Chief Information Officer-Department of Information Technology, a purchase order with Computerland of Silicon Valley, and a third-party lease agreement with IBM Global Finance in an amount not to exceed $157,950, for the purchase of network components required to maintain the County's wide area network, for the period April 1, 2017 through March 31, 2020, Countywide. (100% Department User Fees)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 69 APPROVE and AUTHORIZE the County Probation Officer, or designee, to execute a contract with Behavioral Interventions Incorporated in the amount of $175,000 to provide electronic monitoring equipment for the period February 1, 2017 through January 31, 2018. (100% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 70 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a purchase order amendment with Henry Schein Inc. to add $350,000 for a new total payment limit of $700,000 for dental supplies, equipment and repairs at the Contra Costa Regional Medical Center, with no change in the term of January 1, 2016 through December 31, 2018. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 71 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a purchase order with Cantrell Drug Company, in an amount not to exceed $305,000, for pain management/premix medications at the Contra Costa Regional Medical Center and Contra Costa Health Centers, for the period January 1, 2017 through December 31, 2017. (100% Hospital Enterprise Fund I)      February 7, 2017 Contra Costa County Board of Supervisors Minutes 15  AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 72 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a purchase order with Baxter Healthcare Corp., in an amount not to exceed $160,000, for intravenous and pharmaceutical drugs and supplies to be used at the Contra Costa Regional Medical and Health Centers, for the period from January 1, 2017 through December 31, 2017. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 73 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a purchase order with Syserco, Inc., in an amount not to exceed $217,273, for Serta pressure monitors to be used throughout the Contra Costa Regional Medical Center for the period of November 1, 2016 through January 31, 2017. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 74 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Acusis, LLC in an amount not to exceed $300,000, to provide medical and dictation transcription services at Contra Costa Regional Medical Center and Health Centers, for the period from March 1, 2017 through February 28, 2018. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 75 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order with Producers Dairy Products, Inc., in an amount not to exceed $250,000 to procure dairy products as needed for the West County, Martinez and Marsh Creek detention facilities for the period January 1 through December 31, 2016. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 76 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a cancellation agreement with Stephen B. Arnold, M.D., for his existing contract, effective at close of business on February 28, 2017; and to execute a new contract with Stephen B. Arnold, M.D., with renegotiated insurance requirements, in an amount not to exceed $1,475,000, to provide cardiology services at Contra Costa Regional Medical and Health Centers, for the period from March 1, 2017 through February 29, 2020. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 77 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Toyon Associates, Inc. in an amount not to exceed $750,000, to provide consultation and technical assistance to the Department with regard to Third Party Social Security Income reimbursement recovery and reviews of Medicare ratio of the disproportionate share calculations, for the period July 1, 2016 through June 30, 2021. (100% Hospital Enterprise I Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 78 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with    February 7, 2017 Contra Costa County Board of Supervisors Minutes 16 C. 78 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Atredis Partners, LLC, in an amount not to exceed $160,000, to provide consultation and technical assistance with the Department’s Information Systems Unit security and compliance with Health Insurance Portability and Accountability Act, for the period January 1, 2017 through December 31, 2019. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 79 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a purchase order with Central Ad Mixture Pharmacy Services, Inc., in an amount not to exceed $500,000, for compounding of Total Parenteral Nutrition and Peripheral Parenteral Nutrition intravenous solutions at Contra Costa Regional Medical Center, for the period from April 1, 2017 through March 31, 2020. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 80 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a purchase order with McKesson Medical-Surgical in an amount not to exceed $214,500, for exam beds and tops, stools, lights, chairs, and cabinets for the renovated Pittsburg Health Center. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 81 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a purchase order with Becton Dickinson and Co., in an amount not to exceed $297,000, for reagents and clinic laboratory supplies for the Contra Costa Regional Medical and Health Centers, for the period January 1, 2017 to December 31, 2019. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 82 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with First Place for Youth, in an amount not to exceed $115,258, to provide community-based mental health services for transitional age youth who are seriously emotionally disturbed, for the period January 1, 2017 through June 30, 2017, with a six-month automatic extension through December 31, 2017, in an amount not to exceed $115,258. (50% Federal Financial Participation; 50% Mental Health Realignment)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 83 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Trinidad Zavala, MFT, in an amount not to exceed $115,000, to provide Medi-Cal specialty mental health services, for the period January 1, 2017 through June 30, 2018. (50% State; 50% Federal)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 84 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with    February 7, 2017 Contra Costa County Board of Supervisors Minutes 17 C. 84 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Anka Behavioral Health, Inc., in an amount not to exceed $359,232, to provide mental health outreach services for the homeless mentally ill for the period January 1, 2017 through June 30, 2017, with a six-month automatic extension through December 31, 2017, in an amount not to exceed $359,232. (79% Substance Abuse and Mental Health Services Administration; 20% Project for Assistance in Transition from Homelessness Grant; 1% Mental Health Realignment)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 85 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Anka Behavioral Health, Inc., in an amount not to exceed $630,770, to operate care centers and provide evening outreach services for the Homeless Coordinated Entry System of Care, for the period January 1, 2017 through September 30, 2017. (70% Mental Health Realignment; 20% Housing and Urban Development Coordinated Entry; 10% Community Development Block Grant)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 86 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Vasanta Venkat Giri, M.D. in an amount not to exceed $267,040, to provide outpatient psychiatric services for children and adolescents in Central Contra Costa County, for the period February 1, 2017 through January 31, 2018. (16% Mental Health Services Act; 84% Mental Health Realignment)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 87 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Richard Alan Melny, M.D., in an amount not to exceed $133,120, to provide outpatient psychiatric services, for Seriously Emotionally Disturbed adolescents in Central Contra Costa County, for the period February 1, 2017 through January 31, 2018. (50% Mental Health Realignment; 50% Federal Financial Participation)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 88 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment to recognize the name change of the corporation from Verisk Health, Inc. to Verscend Technologies, Inc., with no change in the contract payment limit of $305,000, or the term of original term of November 1, 2015 through October 31, 2018. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other Actions   C. 89 CONTINUE the emergency action originally taken by the Board of Supervisors on November 16, 1999, and most recently approved by the Board on January 17, 2017, regarding the issue of homelessness in Contra Costa County, as recommended by the Health Services Director. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 90 ACCEPT the Contra Costa County Historical Landmarks Advisory Committee 2016 Annual Report, as recommended by the Conservation and Development Director. (No fiscal impact)     February 7, 2017 Contra Costa County Board of Supervisors Minutes 18    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 91 APPROVE request of property owner to place 66 and 67 Stonecastle Court in the Alamo area onto the County Historic Resources Inventory and related California Environmental Quality Act findings, as recommended by the Historical Landmarks Advisory Committee. (100% Application fees)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 92 APPROVE request of property owner to place 2067 Alameda Diablo in the Diablo area onto the County Historic Resources Inventory and related California Environmental Quality Act findings, as recommended by the Historical Landmarks Advisory Committee. (100% Application fees)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 93 AUTHORIZE the Auditor-Controller to issue a warrant in the amount of $350,000 to the City of Martinez from the Park Dedication Trust Account to help fund the development of new amenities and rehabilitation of existing facilities at the tot lot playground area of Martinez Waterfront Park, as recommended by the Conservation and Development Director. (100% Park Dedication Trust Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 94 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Reach Air Medical Services containing modified indemnification language, to provide air ambulance patient transport services as requested by County’s Emergency Medical Services Division, for the period January 1, 2017 through December 31, 2019. (Non-financial agreement)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 95 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with California Shock Trauma Air Rescue, to provide air ambulance patient transport services, as requested by County’s Emergency Medical Services Division, for the period January 1, 2017 through December 31, 2019. (Non-financial agreement)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 96 ACCEPT the 2016 Contra Costa County Advisory Council on Aging Annual Report, as recommended by the Employment and Human Services Director.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 97 REFER the issue of Contra Costa County law enforcement participation and interaction with federal immigration authorities to the Public Protection Committee, as recommended by Supervisor Gioia.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 98 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with    February 7, 2017 Contra Costa County Board of Supervisors Minutes 19 C. 98 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Martinez Unified School District to provide supervised field instruction to students for the Contra Costa Regional Medical Center and the Public Health Divisions, for the period January 1, 2017 through December 31, 2019. (Non-financial agreement)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 99 ACCEPT the 2016 Annual Report for the Bethel Island Municipal Advisory Council, as recommended by Supervisor Burgis.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.100 ACCEPT the 2016 Annual Report from the Economic Opportunity Council Advisory Board for the period January 1, 2016 through December 31, 2016, as recommended by the Employment and Human Services Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.101 APPROVE the list of providers recommended by Contra Costa Health Plan's Peer Review and Credentialing Committee on January 10, 2017, and by the Health Services Director, as required by the State Departments of Health Care Services and Managed Health Care, and the Centers for Medicare and Medicaid Services.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.102 APPROVE the list of providers recommended by Contra Costa Health Plan's Medical Director on December 29, 2016 and by the Health Services Director, as required by the State Departments of Health Care Services and Managed Health Care, and the Centers for Medicare and Medicaid Services.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.103 APPROVE the local Workforce Development Board of Contra Costa as Adult and Dislocated Worker Career Services Provider as recommended by the Employment and Human Services Department Director.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.104 ACCEPT the 2016 Annual Report for the Arts and Culture Commission of Contra Costa County, as recommended by the County Administrator.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.105 ACCEPT the 2016 Annual Report for the Knightsen Town Advisory Council, as recommended by Supervisor Burgis.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.106 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to allow the    February 7, 2017 Contra Costa County Board of Supervisors Minutes 20 C.106 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to allow the rental of property owned and currently occupied by Raymond Hui located at 200 Channi Loop in unincorporated Danville, for up to two years. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.107 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract containing modified indemnification language with Family Justice Center, to allow the Behavioral Health Services Division to provide services for the Senior Peer Counseling Program at the Family Justice Center for the period from January 1, 2017 through December 31, 2017. (Non-financial agreement)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.108 ADOPT Resolution No. 2017/48 allowing the County to reimburse certain expenditures related to various countywide capital projects, as recommended by the County Administrator. (No fiscal impact) (Consider with C.109)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.109 ACCEPT report presented at Board of Supervisors retreat on January 31, 2017 covering the new Public Safety building and Emergency Operations Center, the new Administration building and the Capital Facilities Plan policies for next five years, and approve related actions, as recommended by the County Administrator. (No fiscal impact) (Consider with C.108)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover   GENERAL INFORMATION The Board meets in all its capacities pursuant to Ordinance Code Section 24-2.402, including as the Housing Authority and the Successor Agency to the Redevelopment Agency. Persons who wish to address the Board should complete the form provided for that purpose and furnish a copy of any written statement to the Clerk. Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the Clerk of the Board to a majority of the members of the Board of Supervisors less than 72 hours prior to that meeting are available for public inspection at 651 Pine Street, First Floor, Room 106, Martinez, CA 94553, during normal business hours. All matters listed under CONSENT ITEMS are considered by the Board to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Board or a member of the public prior to the time the Board votes on the motion to adopt. Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls for comments from those persons who are in support thereof or in opposition thereto. After persons have spoken, the hearing is closed and the matter is subject to discussion and action by the Board. Comments on matters listed on the agenda or otherwise within the purview of the Board of Supervisors can be submitted to the office of the Clerk of the Board via mail: Board of Supervisors, 651 Pine Street Room 106, Martinez, CA 94553; by fax: 925-335-1913. The County will provide reasonable accommodations for persons with disabilities planning to attend Board meetings who contact the Clerk of the Board at least 24 hours before the meeting, at (925) 335-1900; TDD (925) 335-1915. An assistive listening device is available from the Clerk, Room 106. February 7, 2017 Contra Costa County Board of Supervisors Minutes 21 Copies of recordings of all or portions of a Board meeting may be purchased from the Clerk of the Board. Please telephone the Office of the Clerk of the Board, (925) 335-1900, to make the necessary arrangements. Forms are available to anyone desiring to submit an inspirational thought nomination for inclusion on the Board Agenda. Forms may be obtained at the Office of the County Administrator or Office of the Clerk of the Board, 651 Pine Street, Martinez, California. Applications for personal subscriptions to the weekly Board Agenda may be obtained by calling the Office of the Clerk of the Board, (925) 335-1900. The weekly agenda may also be viewed on the County’s Internet Web Page: www.co.contra-costa.ca.us STANDING COMMITTEES The Airport Committee (Supervisors Karen Mitchoff and Mary N. Piepho) meets quarterly on the fourth Monday of the month at 12:30 p.m. at Director of Airports Office, 550 Sally Ride Drive, Concord. The Family and Human Services Committee (Supervisors Candace Andersen and Federal D. Glover) meets on the first Monday of the month at 1:00 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Finance Committee (Supervisors Federal D. Glover and John Gioia) meets on the second Monday of the month at 1:30 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Hiring Outreach Oversight Committee (Supervisors John Gioia and Federal Glover) To be determined The Internal Operations Committee (Supervisors Candace Andersen and Karen Mitchoff) meets on the second Monday of the month at 9:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Legislation Committee (Supervisors Karen Mitchoff and Mary N. Piepho) meets on the first Thursday of the month at 11:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Public Protection Committee (Supervisors John Gioia and Federal D. Glover) meets on the second Monday of the month at 11:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Transportation, Water & Infrastructure Committee (Supervisors Candace Andersen and Mary N. Piepho) meets on the first Thursday of the month at 1:30 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. Airports Committee See above Family & Human Services Committee See above Finance Committee See above Hiring Outreach Oversight Committee See above Internal Operations Committee See above Legislation Committee See above Public Protection Committee See above Transportation, Water & Infrastructure Committee See above February 7, 2017 Contra Costa County Board of Supervisors Minutes 22 PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR WITH RESPECT TO AN ITEM THAT IS ON THE AGENDA, MAY BE LIMITED TO TWO (2) MINUTES A LUNCH BREAK MAY BE CALLED AT THE DISCRETION OF THE BOARD CHAIR AGENDA DEADLINE: Thursday, 12 noon, 12 days before the Tuesday Board meetings. Glossary of Acronyms, Abbreviations, and other Terms (in alphabetical order): Contra Costa County has a policy of making limited use of acronyms, abbreviations, and industry-specific language in its Board of Supervisors meetings and written materials. Following is a list of commonly used language that may appear in oral presentations and written materials associated with Board meetings: AB Assembly Bill ABAG Association of Bay Area Governments ACA Assembly Constitutional Amendment ADA Americans with Disabilities Act of 1990 AFSCME American Federation of State County and Municipal Employees AICP American Institute of Certified Planners AIDS Acquired Immunodeficiency Syndrome ALUC Airport Land Use Commission AOD Alcohol and Other Drugs ARRA American Recovery & Reinvestment Act of 2009 BAAQMD Bay Area Air Quality Management District BART Bay Area Rapid Transit District BayRICS Bay Area Regional Interoperable Communications System BCDC Bay Conservation & Development Commission BGO Better Government Ordinance BOS Board of Supervisors CALTRANS California Department of Transportation CalWIN California Works Information Network CalWORKS California Work Opportunity and Responsibility to Kids CAER Community Awareness Emergency Response CAO County Administrative Officer or Office CCCPFD (ConFire) Contra Costa County Fire Protection District CCHP Contra Costa Health Plan CCTA Contra Costa Transportation Authority CCRMC Contra Costa Regional Medical Center CCWD Contra Costa Water District CDBG Community Development Block Grant CFDA Catalog of Federal Domestic Assistance CEQA California Environmental Quality Act CIO Chief Information Officer COLA Cost of living adjustment ConFire (CCCFPD) Contra Costa County Fire Protection District CPA Certified Public Accountant CPI Consumer Price Index CSA County Service Area CSAC California State Association of Counties CTC California Transportation Commission dba doing business as DSRIP Delivery System Reform Incentive Program February 7, 2017 Contra Costa County Board of Supervisors Minutes 23 EBMUD East Bay Municipal Utility District ECCFPD East Contra Costa Fire Protection District EIR Environmental Impact Report EIS Environmental Impact Statement EMCC Emergency Medical Care Committee EMS Emergency Medical Services EPSDT Early State Periodic Screening, Diagnosis and Treatment Program (Mental Health) et al. et alii (and others) FAA Federal Aviation Administration FEMA Federal Emergency Management Agency F&HS Family and Human Services Committee First 5 First Five Children and Families Commission (Proposition 10) FTE Full Time Equivalent FY Fiscal Year GHAD Geologic Hazard Abatement District GIS Geographic Information System HCD (State Dept of) Housing & Community Development HHS (State Dept of ) Health and Human Services HIPAA Health Insurance Portability and Accountability Act HIV Human Immunodeficiency Syndrome HOV High Occupancy Vehicle HR Human Resources HUD United States Department of Housing and Urban Development IHSS In-Home Supportive Services Inc. Incorporated IOC Internal Operations Committee ISO Industrial Safety Ordinance JPA Joint (exercise of) Powers Authority or Agreement Lamorinda Lafayette-Moraga-Orinda Area LAFCo Local Agency Formation Commission LLC Limited Liability Company LLP Limited Liability Partnership Local 1 Public Employees Union Local 1 LVN Licensed Vocational Nurse MAC Municipal Advisory Council MBE Minority Business Enterprise M.D. Medical Doctor M.F.T. Marriage and Family Therapist MIS Management Information System MOE Maintenance of Effort MOU Memorandum of Understanding MTC Metropolitan Transportation Commission NACo National Association of Counties NEPA National Environmental Policy Act OB-GYN Obstetrics and Gynecology O.D. Doctor of Optometry OES-EOC Office of Emergency Services-Emergency Operations Center OPEB Other Post Employment Benefits OSHA Occupational Safety and Health Administration PARS Public Agencies Retirement Services PEPRA Public Employees Pension Reform Act Psy.D. Doctor of Psychology RDA Redevelopment Agency RFI Request For Information RFP Request For Proposal February 7, 2017 Contra Costa County Board of Supervisors Minutes 24 RFQ Request For Qualifications RN Registered Nurse SB Senate Bill SBE Small Business Enterprise SEIU Service Employees International Union SUASI Super Urban Area Security Initiative SWAT Southwest Area Transportation Committee TRANSPAC Transportation Partnership & Cooperation (Central) TRANSPLAN Transportation Planning Committee (East County) TRE or TTE Trustee TWIC Transportation, Water and Infrastructure Committee UASI Urban Area Security Initiative VA Department of Veterans Affairs vs. versus (against) WAN Wide Area Network WBE Women Business Enterprise WCCTAC West Contra Costa Transportation Advisory Committee February 7, 2017 Contra Costa County Board of Supervisors Minutes 25 RECOMMENDATION(S): ACCEPT the 2016 Annual Report from the Contra Costa County Flood Control and Water Conservation District (FC District) and; DIRECT the Chief Engineer, or designee, to implement the Action Plans in the report, with a follow-up report to this Board annually and; REFER the FC District’s efforts to develop sustainable funding for flood protection to the Transportation, Water and Infrastructure Committee. FISCAL IMPACT: Preparation of this report cost $12,000, which was funded by FC District Funds. Implementation of the recommended action plans and assessment studies over the next 12 years will cost approximately $7,900,000 to be funded by FC District and Flood Control Zone Funds, with ongoing efforts to offset expenses with grant funds. BACKGROUND: On November 5, 2013, the FC District presented to the Board its first annual report on flood protection infrastructure in order to understand its history, condition, and future needs. In February of 2014 and 2015, we presented the Board with the FC District’s Annual Reports. The 2016 Annual Report is provided to update the Board on the FC District’s accomplishments in 2016 as well as future challenges and next steps. In summary, our community outreach events were successful, our capital programs made progress, and our studies of APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Tim Jensen, (925) 313-2390 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: David Twa, CAO, Betsy Burkhart, CCTV, Mike Carlson, Deputy Chief Engineer, Tim Jensen, Flood Control, Catherine Windham, Flood Control D.3 To:Contra Costa County Flood Control District Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 7, 2017 Contra Costa County Subject:2016 Annual Report on CCC Flood Control and Water Conservation District, Countywide. Project No. 7505-6F8135 February 7, 2017 Contra Costa County Board of Supervisors Minutes 26 aging infrastructure and unsustainable service levels continued to highlight some major concerns, primarily regarding lack of funding. Highlights of 2016 included our fourth successful “Giving the Natives a Chance” community planting day, over $2 million grant funding secured to expand the scope of the Three Creeks Project, productive legislative meetings and field trips with our state and federal representatives, completion of our feasibility and stakeholder outreach phase for the Lower Walnut Creek Project, our second week-long “Stay Out, Stay Alive” campaign at Walnut Creek Intermediate School, disseminating rain/flood preparedness information to the community, new rainfall tracking tools for residents, and Accreditation by the American Public Works Association. We continue working with the California State Association of Counties and the County Engineers Association of California on a Statewide Stormwater Funding Initiative to exempt stormwater agencies from Proposition 218 voter requirements, which is similar to the exemption that water and wastewater utility districts have. The goal is to prepare a stormwater funding measure for the November 2018 ballot. We recommend that the County continue to support the legislative effort to get this funding measure into place, as it will go a long way toward providing sustainable funding to meet the FC District’s needs. The FC District will continue implementation of the action plans outlined in the 2016 Annual Report. The key action for the next few years will be to focus on developing sustainable funding for regional flood protection and community drainage. For the full report, visit February 7, 2017 Contra Costa County Board of Supervisors Minutes 27 BACKGROUND: (CONT'D) www.cccounty.us/5815/Annual-Reports. Staff recommends that the Board accept the 2016 Annual Report from the FC District, direct the Chief Engineer to continue with the Action Plans recommended in the Report, with a follow-up report to this Board annually, and refer the effort to develop sustainable funding for regional flood protection and community drainage to the Transportation, Water and Infrastructure Committee. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not accept this report, the County’s flood protection and community drainage infrastructure issues will not be adequately addressed, which will lead to lower levels of flood protection for our communities in the future. AGENDA ATTACHMENTS MINUTES ATTACHMENTS 2016 Annual Report February 7, 2017 Contra Costa County Board of Supervisors Minutes 28 Pine Creek Flooding, Concord 1958 Board of Supervisors February 7, 2017 By Tim Jensen 2016 Annual Report 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 29 Storm Report 2 February 7, 2017 Contra Costa County Board of Supervisors Minutes 30 3 2016 Annual Report February 7, 2017 Contra Costa County Board of Supervisors Minutes 31 2016 Annual Report 4 •Facilities Condition Assessment •Three Creeks restoration project •Lower Walnut Creek Restoration Project •Legislative Outreach •One Water Brochure •Challenges •Maintenance Backlog •Regulatory Compliance •StormwaterFunding •Action Plan Update February 7, 2017 Contra Costa County Board of Supervisors Minutes 32 Facilities Conditions Assessment 5 February 7, 2017 Contra Costa County Board of Supervisors Minutes 33 Three Creeks Restoration Project 6 February 7, 2017 Contra Costa County Board of Supervisors Minutes 34 Lower Walnut Creek Restoration 7 February 7, 2017 Contra Costa County Board of Supervisors Minutes 35 Legislative Outreach 8 February 7, 2017 Contra Costa County Board of Supervisors Minutes 36 9 One Water Brochure February 7, 2017 Contra Costa County Board of Supervisors Minutes 37 Challenges •Maintenance backlog •Regulatory compliance •Funding 10 February 7, 2017 Contra Costa County Board of Supervisors Minutes 38 Maintenance Backlog $17 $18 $19 $20 $21 $22 $23 $24 $25 $26 2000 2005 2010 2015MillionsMaintenance Backlog 11 February 7, 2017 Contra Costa County Board of Supervisors Minutes 39 Regulatory Compliance 12 February 7, 2017 Contra Costa County Board of Supervisors Minutes 40 StormwaterFunding •Statewide Need for Stormwaterfunding •Coalition Efforts •California State Association of Counties subcommittee •Potential 2018 measure Flood Control and Drainage – Funding Need 13 February 7, 2017 Contra Costa County Board of Supervisors Minutes 41 Action Plans Update Item Action Plan Description Cost Estimate 1 Sediment Studies at Channel Mouths $200,000 2 Study Level of Flood Protection $1,400,000 3 Review and Report on Financial Status $25,000 4 Develop Financing Plan $25,000 5 Develop Communication and Outreach Plan $50,000 6 Improve Flood Forecasting and Warning Systems $50,000 7 Conditions Assessment of Critical Infrastructure $4,900,000 8 Seismic Study of 5 Dams $1,250,000 Total: $7,900,000 14 February 7, 2017 Contra Costa County Board of Supervisors Minutes 42 Next Steps •Work with Transportation, Water and Infrastructure Committee •Continue seeking solutions •Continue outreach 15 February 7, 2017 Contra Costa County Board of Supervisors Minutes 43 16 www.cccounty.us/FCDAnnualReports For more information: February 7, 2017 Contra Costa County Board of Supervisors Minutes 44 17 2016 Annual Report February 7, 2017 Contra Costa County Board of Supervisors Minutes 45 Annual Community Planting Event since 2013 Giving the Natives a Chance 18 February 7, 2017 Contra Costa County Board of Supervisors Minutes 46 •Reintroduce native grasses back into Flood Control Channels on limited scientific study in 2013 –Approached by the Restoration Trust with an idea and looking for a project sponsor –Wanted to develop four 10’x10’plots to study –Approached numerous agencies but Contra Costa was the first to embrace the concept. History 19 February 7, 2017 Contra Costa County Board of Supervisors Minutes 47 •Our flood control channels have non native invasive grasses •These non native grasses are a fire hazard in the summer months •If successfully reintroduced, Native grasses and sedges will –Provide erosion protection –Fire suppression (they stay green during the summer months) –Carbon sequestration (1/2 ton of carbon per acre per year) –Does not need herbicides (less chemicals into the environment) Purpose 20 February 7, 2017 Contra Costa County Board of Supervisors Minutes 48 Location: Concord 21 February 7, 2017 Contra Costa County Board of Supervisors Minutes 49 •To date we have planted over 30,000 grass plugs •It is working! The Native Grasses Creeping Wild Rye (Leymus Triticoides) Santa Barbara Sedge (Carex Barbarae) Baltic Rush (Juncus Balticus) 22 February 7, 2017 Contra Costa County Board of Supervisors Minutes 50 •All the plantings are done by volunteers •Over 700 hours of volunteer service has been provided •Youngest is 3 years old to over 80 years old •Benefits beyond the hours Volunteers 23 February 7, 2017 Contra Costa County Board of Supervisors Minutes 51 John Zenter – Restoration Trust Recognizing the Work of: Boy Scout Troop 239 – Steve Bachofer, Scoutmaster 24 February 7, 2017 Contra Costa County Board of Supervisors Minutes 52 RECOMMENDATION(S): 1. FIND that the appointment of Liliana Rotzscher is necessary to fill a critically needed position; and 2. APPROVE and AUTHORIZE the temporary employment of Ms. Rotzscher, retired Civil Litigation Secretary, for the period February 7, 2017 through February 8, 2018. FISCAL IMPACT: If the request is granted, salary and related payroll costs will be no more than $25,000 based on no more than 960 hours. Salary costs will be absorbed in the department's operating budget. BACKGROUND: Ms. Rotzscher retired from the Office of the County Counsel on July 1, 2012. During her tenure with the County, Ms. Rotzscher supported the General Law and Civil Rights and Litigation divisions. The work of the County Counsel's Office is confidential, fast-paced and highly specialized. Ms. Rotzscher will be used to backfill for members of our clerical staff on FMLA, vacation and similar extended leaves, which the department is unable to fill with existing staff. Her familiarity with the state and federal courts, as well as the County Counsel's legal practice, makes this temporary employment the most efficient and cost effective way of meeting the department's immediate, short term needs. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Wanda McAdoo, (925) 335-1811 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Wanda McAdoo D.4 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:February 7, 2017 Contra Costa County Subject:Temporary Employment Period for County Retiree February 7, 2017 Contra Costa County Board of Supervisors Minutes 53 CONSEQUENCE OF NEGATIVE ACTION: Disapproval of this request will deprive the Department of needed expertise in the critical and time sensitive duties this office is called upon to perform. February 7, 2017 Contra Costa County Board of Supervisors Minutes 54 RECOMMENDATION(S): 1.) OPEN the hearing, ACCEPT testimony and CLOSE the hearing. 2.) FIND that the proposed project is categorically exempt from the California Environmental Quality Act - Class 3 (CEQA Guidelines 15303 (a)). 3.) DENY the appeal of Tami Welcome. 4.) SUSTAIN the decision of the County Planning Commission. 5.) APPROVE County File #DP16-3002, a development plan to demolish an existing single-family residence and construct a new 2,220 square-foot single-family residence with a tree permit to remove two multi-stemmed pine trees. 6.) ADOPT the attached findings and REVISED conditions of approval for County File #DP16-3002. 7.) DIRECT the Department of Conservation and Development to post a Notice of Exemption with the County Clerk. FISCAL IMPACT: The applicant has paid the initial deposit, and is obligated to pay any additional costs associated with the application. BACKGROUND: Project Summary This is an appeal of the County Planning Commission's (CPC) decision to approve County File #DP16-3002, a proposal to construct a new single-family residence at 192 High Street in Pacheco. The subject site is rectangular in shape and is 10,200 square feet in area (approximately 60 feet wide and 170 feet deep). The existing residence was built in 1942 and the 576 square-foot accessory building was constructed in 1959. The proposal includes demolishing APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jaclyn Isip, 925-674-7815 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.6 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 7, 2017 Contra Costa County Subject:Appeal of the County Planning Commission's Approval of County File #DP16-3002, to construct a new Single-Family Residence at 192 High St. in Pacheco February 7, 2017 Contra Costa County Board of Supervisors Minutes 55 BACKGROUND: (CONT'D) > the existing 989 square-foot single-family residence to construct a new single-family residence. On December 4, 2015, the Small Lot Design Review application was submitted proposing to demolish approximately 500 square feet of the existing residence to allow for the construction of a one-story addition of approximately 1,885 square feet, totaling approximately 2,375 square feet of living space. On January 8, 2016, a Development Plan application was submitted with a new proposal to demolish the entire 989 square-foot single-family residence to construct a new one-story 2,220 square-foot residence. The new residence will include 2,220 square feet of livable space, a 494 square-foot two-car garage, a 139 square-foot front yard covered porch, a 155 square-foot rear yard deck and will measure 17 feet at the highest point. There is an existing 576 square-foot unconditioned accessory structure and a 126 square-foot shed in the rear of the property that will remain. In addition the project includes the removal of two multi-stemmed pine trees located where the residence is proposed. The new residence is in proximity to an oak tree on the adjacent property located to the north, however the oak tree is not code-protected since it is not 1) part of a grouping of four or more indigenous trees measuring 6.5 inches in diameter or larger or 2) located on an undeveloped property. The subject parcel was created in January of 1959 with approval of a Variance (County File #VR58-579) to subdivide one lot into two lots each having less than 80-foot average widths (approved with 60-foot average widths). The neighborhood is developed with one and two story single-family residences within the Single-Family Residential R-10 zoning district, and the General Plan Designation is partially-Open Space (OS) and partially-Single-Family Residential-High Density (SH). Properties within the area consist of a minimum of 6,000 - 14,450 square-foot lot sizes and 50 percent of the parcels are substandard in size. Residences in the neighborhood range in size from 954 - 2,114 square feet of living space. General Plan Consistency The subject property has a General Plan Designation that is partially Open Space (OS) and partially Single-Family Residential-High Density (SH). Approximately seventy percent of the project is designated as OS and thirty percent designated as SH. One single-family residence on an existing legal lot is consistent with the OS designation. The SH designation allows for a range of 5.0 to 7.2 single-family units per net acre. The project involves demolishing one existing residence and constructing a new single-family residence on an existing legal lot. The proposal is consistent with the General Plan. Zoning Compliance The subject property is zoned R-10, Single-Family Residential District with a 10,000 square-foot minimum lot size and an 80-foot average lot width. The R-10 Zoning District allows for a single-family residential use and ancillary buildings and structures associated with the development. The subject property has a 60-foot average lot width and is substandard in size. Any development requires a Small Lot Design Review to determine compatibility with the surrounding neighborhood. The project complies with the required setbacks for the property, measuring 25 feet from the front property line, 11 feet from the side property lines, and 64 feet from the rear property line. The proposed 494 square-foot two-car garage will satisfy the off-street parking requirement for the R-10 zoning district. Summary of Approval and Appeal Process Application Submittal An application for a Small Lot Design Review was submitted to demolish approximately 500 square feet of the existing residence to allow for the construction of a single story addition of approximately 1,885 square feet of living space to an existing residence. The notices were mailed and resulted in a request for a public hearing. On January 8, 2016, the applicant decided to move forward with the project and submitted for Development Plan February 7, 2017 Contra Costa County Board of Supervisors Minutes 56 application #DP16-3002 which proposed a new residence with 2,220 square feet of living space. The proposal for #DP16-3002 was noticed to neighbors within 300 feet, 10 days prior to the Zoning Administrator Hearing. Zoning Administrator (ZA) Hearing and Decision This project was initially heard by the ZA on May 16, 2016. At the hearing, the ZA took testimony from the applicant and the appellant, Ms. Tami Welcome. After considering testimony, the ZA indicated that the project is consistent with the R-10 zoning district, meets the required findings, and approved the project as recommended by staff. An appeal of the Zoning Administrator's decision was received on May 25, 2016 (see attached). Board of Appeals (County Planning Commission) Hearing and Decision On July 12, 2016, the County Planning Commission (CPC) held a public hearing on the appeal of the ZA's decision to approve this Development Plan application. The hearing included staff's presentation, as well as a testimony from the property owner and the appellant (CPC staff report attached). At the conclusion of staff's presentation, the CPC requested clarification regarding building coverage, whether the existing accessory buildings that will remain are in compliance with the building setbacks and building codes, and if there is 1-foot easement that exists along the southern side property line of the subject property. Staff informed the Commission that the R-10 zoning district does not restrict development through lot coverage but restricts development through building height and front, side, and rear setbacks and the proposal is consistent with these setbacks. Staff informed the Commission that the existing 576 square-foot unconditioned accessory building was permitted and all structures comply with applicable set back requirements. The Title Report and Grant Deed for the subject property received at the CPC hearing did not include a 1-foot easement. At the conclusion of the testimonies and a brief discussion, the Commission voted unanimously to deny the appeal and uphold the ZA's decision to approve the project. Appeal of the County Planning Commission's Decision On July 22, 2016, the County received an appeal of the CPC's decision to approve the proposed residential development. The appeal cited multiple points of opposition. Staff has summarized and provided a response to each appeal point below. Review of Points Raised in Appellant's Appeal Letter Summary of Appeal Point #1: The aerial photo presented by the applicant during the May 16th 2016 Zoning Administrator hearing and the July 12th 2016 Planning Commission hearing is inaccurate and misleading in relation to the size of homes in the neighborhood. Staff Response: Staff researched several homes in the vicinity to compare the square footage of total living area with the proposed new residence and found that the size of the new residence was not disproportionate to the neighboring properties. Homes vary in size, measuring up to 2,114 square feet. The photographs presented during the May 16th 2016 Zoning Administrator hearing were used as a visual representation of the homes in the area in relation to not only size but location as well. As seen in an aerial view, homes in the neighborhood are concentrated closer to the front propety lines with more rear yard. Based on size and location, the new residence is compatible and consistent with the neighborhood. Summary of Appeal Point #2: The plot plan submitted does not include the required items to submit with a Development Plan application. Staff Response: The plans dated February 16, 2016 included two existing site plans, existing elevations, a proposed site plan/floor plan, and proposed elevations. Of the two existing site plans, one was not drawn to scale. The existing site plan that was drawn to scale and the proposed site plan/floor plan included all requirements in the checklist, clearly labeled. Staff reviewed the scaled drawings and determined that the proposed residence meets the zoning setback requirements. February 7, 2017 Contra Costa County Board of Supervisors Minutes 57 Summary of Appeal Point #3: There is a 2nd Tree Stump that requires a permit. Staff Response: There is a 2nd tree stump adjacent to the multi-stemmed tree stump. Both tree stumps are protected since they are located on a vacant parcel. The tree permit includes the removal of both tree stumps and Condition of Approval (COA) #5 has been added to include restitution to replant and bond for two (2) trees, minimum 15 gallons in size. Summary of Appeal Point # 4: A Variance (County File #VR58-579) was approved to divide one lot into 2 lots each having less than 60-foot average widths. The proposed site plan shows the lot with a 60-foot width. Staff Response: The subject property is zoned R-10, Single-Family Residential District. The R-10 district requires an 80-foot average lot width. In 1958, the lot was created through a Variance (County File #VR58-579). The variance was approved to divide one lot into 2 lots each having less than the average width. As a result, both lots were approved with 60-foot average lot widths; not less than 60-foot average widths. Therefore, the proposed site plan is accurately drawn with a 60-foot lot width. Summary of Appeal Point # 5: The oak tree on the property that the applicant proposes to trim they state is not code-protected and is actually by size defined as a Heritage Tree and is in fact code protected. Staff Response: The oak tree on the property measures 56 inches in diameter (175 inches in circumference). Pursuant to Section 816-4.402, the oak tree could qualify as a heritage tree. A heritage tree is any tree or group of trees particularly worthy of protection, and specifically designated as a heritage tree by the Board of Supervisors pursuant to the following: A. Having historical or ecological interest or significance, or B. Being dependent upon each other for health or survival, or C. Being considered an outstanding specimen of its species as to such factors as location, size, age, rarity, shape, or health. Because the oak tree was not designated by the Board of Supervisors, it is not a Designated Heritage Tree. The applicant plans on pruning a portion of the neighbor's oak tree that is leaning over the property line for the purpose of constructing the new single-family residence. Section 816-6.102 of the County Code provides that no permit is required for routine pruning that does not involve topping or tree removal. Condition of Approval (COA) #6 has been added to ensure that the applicant implement all recommended measures in the recommendations for the Tree Preservation section of the arborist report. Summary of Appeal Point # 6: The new residence will be 65 feet away from the rear property line and closer to the front property line. This is inconsistent with the neighboring properties. Staff Response: The new residence will be located approximately 25 feet from the front property line, 11 feet from both side property lines, and approximately 64 feet away from the rear property line, meeting all dimensional requirements for the R-10 zoning district with no variances. Homes within the neighborhood are primarily concentrated closer to the front property lines with a larger rear yard and more outdoor living space, therefore; the location of the new residence is consistent with zoning and, in staff's view, with the neighborhood. Conclusion The appeal points are similar to the testimony offered to the ZA and CPC and do not provide for overturning the CPC's decision. The project is consistent with the R-10 zoning district and with the General Plan. Considering these facts, staff recommends that the Board of Supervisors deny the appeal by Tami Welcome and sustain the County Planning Commission's decision to approve County File #DP16-3002, subject to the attached findings and REVISED conditions of approval. February 7, 2017 Contra Costa County Board of Supervisors Minutes 58 CONSEQUENCE OF NEGATIVE ACTION: If the Board of Supervisors grant the appeal, the County Planning Commission's decision to uphold the County Zoning Administrators approval to construct a new residence at 192 High Street will be overturned. The owners of 192 High Street will be unable to construct a new residence. CHILDREN'S IMPACT STATEMENT: None. This Board Order is for an appeal of an application to construct a new single family residence and will not impact children's programs in the County. CLERK'S ADDENDUM CLOSED the hearing; FOUND that the proposed project is categorically exempt from the California Environmental Quality Act ; DENIED the appeal of Tami Welcome; SUSTAINED the decision of the County Planning Commission; APPROVED County File #DP16-3002, a development plan to demolish an existing single-family residence and construct a new 2,220 square-foot single-family residence with a tree permit to remove two multi-stemmed pine trees; ADOPT the attached findings and REVISED conditions of approval for County File #DP16-3002; DIRECTED the Department of Conservation and Development to post a Notice of Exemption with the County Clerk. ATTACHMENTS MAPS Resolution 12-2016 Revised Conditions CPC Approved Findings/COAs CPC Appeal by Tami Welcome ZA Appeal by Tami Welcome CPC Staff Report ZA Staff Report Agency Comments Notice for ZA and CPC Hearings Reduced Plans Photographs Presentation February 7, 2017 Contra Costa County Board of Supervisors Minutes 59 February 7, 2017 Contra Costa County Board of Supervisors Minutes 60 February 7, 2017 Contra Costa County Board of Supervisors Minutes 61 February 7, 2017 Contra Costa County Board of Supervisors Minutes 62 February 7, 2017 Contra Costa County Board of Supervisors Minutes 63 February 7, 2017 Contra Costa County Board of Supervisors Minutes 64 February 7, 2017 Contra Costa County Board of Supervisors Minutes 65 February 7, 2017 Contra Costa County Board of Supervisors Minutes 66 February 7, 2017 Contra Costa County Board of Supervisors Minutes 67 February 7, 2017 Contra Costa County Board of Supervisors Minutes 68 REVISED FINDINGS AND CONDITION OF APPROVALS February 7, 2017 Contra Costa County Board of Supervisors Minutes 69 CPC – July 12, 2016 County File #DP16-3002 Page 1 of 7 FINDINGS AND CONDITIONS OF APPROVAL FOR COUNTY FILE #DP16-3002; FRANK SADIGHPOUR (APPLICANT), SHAHIN SHARIFI (OWNER) AND TAMI WELCOME (APPELLANT) I. FINDINGS A. SMALL LOT DESIGN REVIEW Prior to issuance of a building permit on a substandard lot, the Zoning Administrator must review the dwelling’s compatibility with and impact on the surrounding neighborhood in terms of the following: Location: Lots in the neighborhood range from 6,000 – 14,450 square feet with homes on High Street concentrated near the front property line. The new single- family residence will be located 25 feet from the front property line, 11 feet from the north and south side property lines, and approximately 64 feet away from the rear property line and will meet all dimensional requirements for the R-10 zoning district, with no variances required for the project. Therefore, as proposed, the location of the proposed residence is consistent with the development in the neighborhood. Size: The existing residence to be demolished is approximately 989 square feet. The new residence will have approximately 2,220 square feet of livable space, a 494 square-foot garage, a 139 square-foot front yard covered porch, and a 155 square- foot rear yard covered deck. Residences within the neighborhood range in size from 954 – 2,114 square feet. The size of the residence is consistent with the neighborhood’s total livable square-footages. The residence is a single-story residence and is a four bedroom, three bathroom home, which is typical for new home construction. Height: The existing residence is a two-story residence, measuring approximately 23 feet tall. The new residence is one-story measuring approximately 17 feet tall and is 6 feet less than the existing residence. Residences within the neighborhood are one and two-story residences ranging in various heights; therefore, the residence is compatible with the surrounding neighborhood. February 7, 2017 Contra Costa County Board of Supervisors Minutes 70 CPC – July 12, 2016 County File #DP16-3002 Page 2 of 7 Design: The new residence will have a craftsman style design and will be finished with a combination of stucco and vertical wood siding with a combination of composition and asphalt shingled roof, and vinyl clad windows. The neighborhood consists of various lot configurations and residences that were constructed between the 1940s and 1960s. The neighborhood consists of a diverse mix of architectural designs consisting of wood panel siding, stucco siding, brick veneer accents, flat and pitched roofs, tile and asphalt shingled roofs. Therefore, the design of the new residence will be compatible with the eclectic designs found in the area. B. TREE PERMIT Require Factors for Granting Tree Permit. The Zoning Administrator is satisfied that the following factors as provided by County Code Section 816-6.8010 for granting a Tree Permit have been satisfied: 1. Project Finding: Reasonable development of the property would require the removal of twothe code-protected multi-stemmed pine tree and this development could not be reasonably accommodated on another area of the lot. II. CONDITIONS OF APPROVAL Development Plan Approval 1. A Development Plan to demolish the existing residence and construct a new single-family residence is APPROVED, as generally shown and based on the following: A. Revised plans received on February 16, 2016, Tree Removal 2. This permit is to allow the removal of onetwo (12) multi-stemmed pine trees only (16”, 16”, and 24” in diameter). February 7, 2017 Contra Costa County Board of Supervisors Minutes 71 CPC – July 12, 2016 County File #DP16-3002 Page 3 of 7 General Provisions 3. Any deviation from this approval shall require review and approval by the CDD and may require the filing of an application to modify this Development Plan permit. In such case, a public hearing will be necessary. 4. The 576 square-foot workshop shall not be used as a second unit. Any expansion of the building or use shall require the owner to obtain necessary permits from CDD and Building Inspection. Application Costs 5. This application is subject to an initial deposit of $1,000.00, which was paid with the application submittal, plus time, and material costs if the application review expenses exceed 100% of the initial deposit. Any additional costs due must be paid within 60 days of the permit effective date or prior to use of the permit, whichever occurs first. The applicant may obtain current costs by contacting the project planner. If you owe additional fees, a bill will be sent to you shortly after permit issuance. Restitution for Tree Removal 6. Required Restitution for Approved Tree Removal – The following measures are intended to provide restitution for the trees that have been approved for removal. A. Tree Restitution Planting/Irrigation Plan – Prior to issuance of a grading permit or building permit, whichever occurs first, the applicant shall submit a tree planting and irrigation plan prepared by a licensed arborist or landscape architect for the review and approval of the CDD. The plan shall provide for the planting of at least two (2) trees, minimum 15-gallon in size. The plan shall be accompanied by an estimate prepared by a licensed landscape architect or arborist of the materials and labor costs to complete the improvements on the plan. B. Required Security to Assure the Completion of Plan Improvements – Prior to CDD approval of plans for issuance of a grading permit or building permit, whichever occurs first, the applicant shall submit a security (e.g., bond, cash February 7, 2017 Contra Costa County Board of Supervisors Minutes 72 CPC – July 12, 2016 County File #DP16-3002 Page 4 of 7 deposit) that is acceptable to the CDD. The bond shall include the amount of the approved cost estimate, plus a 20% inflation surcharge. C. Initial Fee Deposit for Processing a Security – The County ordinance requires that the applicant pay fees for all time and material costs of staff for processing a landscape improvement security. At time of submittal of the security, the applicant shall pay an initial deposit of $100.00. D. Duration of Security: Prior to seeking finalization of the building permit or grading permit, the consulting arborist shall verify that the replacement trees have been properly planted and when verified, notify the CDD in writing. The security shall be retained by the County for a minimum of 12 months up to 24 months beyond the date of receipt of the written verification of installation. A prerequisite of releasing the bond between 12 and 24 months shall be to have the applicant arrange for the consulting arborist to inspect the replacement trees and to prepare a report on the trees’ health. In the event that the CDD determines that the replanted tree(s) have been damaged or have died, and determines that the applicant has not been diligent in providing a replacement, then the CDD may require that all or part of the security be used to provide for replacement of the dead or damaged tree(s). Arborist Recommendations 7. The applicant shall implement all recommended measures in the Recommendations for Tree Preservation section of the consulting arborist’s report, which are intended to mitigate the impacts of construction activities. Construction Restrictions and Requirements 68. The applicant shall comply with the following restrictions and requirements, which shall be stated on the face of the construction drawings: A. Except as otherwise stated below, construction activities are limited to the hours of 8:00 A.M. to 5:00 P.M., Monday through Friday, and are prohibited on the calendar dates that the following State and Federal holidays are observed: New Year’s Day (State and Federal) February 7, 2017 Contra Costa County Board of Supervisors Minutes 73 CPC – July 12, 2016 County File #DP16-3002 Page 5 of 7 Birthday of Martin Luther King, Jr. (State and Federal) Washington’s Birthday (Federal) Lincoln’s Birthday (State) President’s Day (State and Federal) Cesar Chavez Day (State) Memorial Day (State and Federal) Independence Day (State and Federal) Labor Day (State and Federal) Columbus Day (State and Federal) Veterans Day (State and Federal) Thanksgiving Day (State and Federal) Day after Thanksgiving (State) Christmas Day (State and Federal) For details on the actual date the state and federal holidays occur, please visit the following websites: Federal Holidays: http://www.opm.gov/fedhol California Holidays: http://www.edd.ca.gov/payroll_taxes/State_Holidays.htm B. Transport of heavy equipment and trucks is limited to weekdays between the hours of 9:00 A.M. and 4:00 P.M., and is prohibited on weekends and the aforementioned State and Federal holidays. C. The applicant shall make a good faith effort to minimize project-related disruptions to adjacent properties. This shall be communicated to project - related contractors. D. Construction equipment and materials shall be stored onsite to the maximum extent practicable. E. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. February 7, 2017 Contra Costa County Board of Supervisors Minutes 74 CPC – July 12, 2016 County File #DP16-3002 Page 6 of 7 F. Any debris found outside the site shall immediately be collected and deposited in appropriate receptacles. G. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers that are in good condition and shall locate stationary noise-generating equipment such as air compressors as far away from existing residences as possible. PUBLIC WORKS CONDITIONS OF APPROVAL FOR PERMIT DP16-3002 COMPLY WITH THE FOLLOWING CONDITION OF APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT OR PROPOSED USE. 79. Prior to issuance of a building permit, the property owner shall convey to the County, by Offer of Dedication, the right-of-way necessary for the planned future width of 60 feet along the frontage of High Street Road. ADVISORY NOTES ADIVISORY NOTES ARE NOT CONDITIONS OF APPROVAL. ADVISORY NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL ORDINANCES AND OTHER REGULATIONS THAT MAY BE APPLICABLE TO THE PROJECT. A. NOTICE OF 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS PERTAINING TO THE APPROVAL OF THIS PERMIT. Pursuant to California Government Code Section 66000, et seq., the applicant has the opportunity to protest fees, dedications, reservations or exactions required as part of this project approval. To be valid, a protest must be in writing pursuant to Government Code Section 66020 and must be delivered to the Community Development Division within a 90-day period that begins on the date that this February 7, 2017 Contra Costa County Board of Supervisors Minutes 75 CPC – July 12, 2016 County File #DP16-3002 Page 7 of 7 project is approved. If the 90th day falls on a day that the Community Development Division is closed, then the protest must be submitted by the end of the next business day. B. This project may be subject to the requirements of the following agencies:  Department of Conservation and Development, Building Inspections Division  Contra Costa Central Sanitary District  Contra Costa Water District  Contra Costa Fire Protection District The applicant is strongly encouraged to review these agencies’ requirement prior to continuing with the project. G:\Current Planning\curr-plan\Staff Reports\Development Plans (DP)\DP16-3002\DP16-3002 Findings-COA CPC.docx February 7, 2017 Contra Costa County Board of Supervisors Minutes 76 COUNTY PLANNING COMMISSION APPROVED FINDINGS & CONDITION OF APPROVAL’S February 7, 2017 Contra Costa County Board of Supervisors Minutes 77 February 7, 2017 Contra Costa County Board of Supervisors Minutes 78 February 7, 2017 Contra Costa County Board of Supervisors Minutes 79 February 7, 2017 Contra Costa County Board of Supervisors Minutes 80 February 7, 2017 Contra Costa County Board of Supervisors Minutes 81 February 7, 2017 Contra Costa County Board of Supervisors Minutes 82 February 7, 2017 Contra Costa County Board of Supervisors Minutes 83 WELCOME COUNTY PLANNING COMMISSION APPEAL February 7, 2017 Contra Costa County Board of Supervisors Minutes 84 February 7, 2017 Contra Costa County Board of Supervisors Minutes 85 February 7, 2017 Contra Costa County Board of Supervisors Minutes 86 February 7, 2017 Contra Costa County Board of Supervisors Minutes 87 February 7, 2017 Contra Costa County Board of Supervisors Minutes 88 February 7, 2017 Contra Costa County Board of Supervisors Minutes 89 February 7, 2017 Contra Costa County Board of Supervisors Minutes 90 February 7, 2017 Contra Costa County Board of Supervisors Minutes 91 February 7, 2017 Contra Costa County Board of Supervisors Minutes 92 February 7, 2017 Contra Costa County Board of Supervisors Minutes 93 February 7, 2017 Contra Costa County Board of Supervisors Minutes 94 February 7, 2017 Contra Costa County Board of Supervisors Minutes 95 February 7, 2017 Contra Costa County Board of Supervisors Minutes 96 February 7, 2017 Contra Costa County Board of Supervisors Minutes 97 February 7, 2017 Contra Costa County Board of Supervisors Minutes 98 WELCOME ZONING ADMINISTRATOR APPEAL February 7, 2017 Contra Costa County Board of Supervisors Minutes 99 February 7, 2017 Contra Costa County Board of Supervisors Minutes 100 COUNTY PLANNING COMMISSION APPROVED FINDINGS & CONDITION OF APPROVAL’S February 7, 2017 Contra Costa County Board of Supervisors Minutes 101 February 7, 2017 Contra Costa County Board of Supervisors Minutes 102 February 7, 2017 Contra Costa County Board of Supervisors Minutes 103 February 7, 2017 Contra Costa County Board of Supervisors Minutes 104 February 7, 2017 Contra Costa County Board of Supervisors Minutes 105 February 7, 2017 Contra Costa County Board of Supervisors Minutes 106 February 7, 2017 Contra Costa County Board of Supervisors Minutes 107 ZONING ADMINISTRATOR STAFF REPORT February 7, 2017 Contra Costa County Board of Supervisors Minutes 108 February 7, 2017 Contra Costa County Board of Supervisors Minutes 109 February 7, 2017 Contra Costa County Board of Supervisors Minutes 110 February 7, 2017 Contra Costa County Board of Supervisors Minutes 111 February 7, 2017 Contra Costa County Board of Supervisors Minutes 112 February 7, 2017 Contra Costa County Board of Supervisors Minutes 113 February 7, 2017 Contra Costa County Board of Supervisors Minutes 114 February 7, 2017 Contra Costa County Board of Supervisors Minutes 115 February 7, 2017 Contra Costa County Board of Supervisors Minutes 116 February 7, 2017 Contra Costa County Board of Supervisors Minutes 117 February 7, 2017 Contra Costa County Board of Supervisors Minutes 118 February 7, 2017 Contra Costa County Board of Supervisors Minutes 119 February 7, 2017 Contra Costa County Board of Supervisors Minutes 120 February 7, 2017 Contra Costa County Board of Supervisors Minutes 121 February 7, 2017 Contra Costa County Board of Supervisors Minutes 122 February 7, 2017 Contra Costa County Board of Supervisors Minutes 123 February 7, 2017 Contra Costa County Board of Supervisors Minutes 124 February 7, 2017 Contra Costa County Board of Supervisors Minutes 125 February 7, 2017 Contra Costa County Board of Supervisors Minutes 126 February 7, 2017 Contra Costa County Board of Supervisors Minutes 127 February 7, 2017 Contra Costa County Board of Supervisors Minutes 128 February 7, 2017 Contra Costa County Board of Supervisors Minutes 129 February 7, 2017 Contra Costa County Board of Supervisors Minutes 130 February 7, 2017 Contra Costa County Board of Supervisors Minutes 131 February 7, 2017 Contra Costa County Board of Supervisors Minutes 132 February 7, 2017 Contra Costa County Board of Supervisors Minutes 133 February 7, 2017 Contra Costa County Board of Supervisors Minutes 134 COUNTY NOTICING FOR ZONING ADMINISTRATOR AND COUNTY PLANNING COMMISSION PUBLIC HEARINGS February 7, 2017 Contra Costa County Board of Supervisors Minutes 135 February 7, 2017 Contra Costa County Board of Supervisors Minutes 136 February 7, 2017 Contra Costa County Board of Supervisors Minutes 137 February 7, 2017 Contra Costa County Board of Supervisors Minutes 138 February 7, 2017 Contra Costa County Board of Supervisors Minutes 139 February 7, 2017 Contra Costa County Board of Supervisors Minutes 140 February 7, 2017 Contra Costa County Board of Supervisors Minutes 141 February 7, 2017 Contra Costa County Board of Supervisors Minutes 142 February 7, 2017 Contra Costa County Board of Supervisors Minutes 143 February 7, 2017 Contra Costa County Board of Supervisors Minutes 144 February 7, 2017 Contra Costa County Board of Supervisors Minutes 145 February 7, 2017 Contra Costa County Board of Supervisors Minutes 146 February 7, 2017 Contra Costa County Board of Supervisors Minutes 147 February 7, 2017 Contra Costa County Board of Supervisors Minutes 148 February 7, 2017 Contra Costa County Board of Supervisors Minutes 149 February 7, 2017 Contra Costa County Board of Supervisors Minutes 150 February 7, 2017Contra Costa County Board of Supervisors Minutes151 February 7, 2017 Contra Costa County Board of Supervisors Minutes 152 February 7, 2017Contra Costa County Board of Supervisors Minutes153 I . 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Existing Site plan Not Drawn to ScaleFebruary 7, 2017Contra Costa County Board of Supervisors Minutes154 February 7, 2017Contra Costa County Board of Supervisors Minutes155 February 7, 2017 Contra Costa County Board of Supervisors Minutes 156 February 7, 2017 Contra Costa County Board of Supervisors Minutes 157 February 7, 2017 Contra Costa County Board of Supervisors Minutes 158 February 7, 2017 Contra Costa County Board of Supervisors Minutes 159 February 7, 2017 Contra Costa County Board of Supervisors Minutes 160 February 7, 2017 Contra Costa County Board of Supervisors Minutes 161 PRESENTATION February 7, 2017 Contra Costa County Board of Supervisors Minutes 162 192 High Street Small Lot Design Review Development Plan and Tree Permit County File #DP16-3002 Board of Supervisors January 17, 2017 1February 7, 2017 Contra Costa County Board of Supervisors Minutes 163 Zoning: R-10 2February 7, 2017 Contra Costa County Board of Supervisors Minutes 164 General Plan: Single-Family Residential-High Density (SH) / Open Space (OS) 3 February 7, 2017 Contra Costa County Board of Supervisors Minutes 165 4February 7, 2017 Contra Costa County Board of Supervisors Minutes 166 Existing Site Plan 5February 7, 2017 Contra Costa County Board of Supervisors Minutes 167 6February 7, 2017 Contra Costa County Board of Supervisors Minutes 168 Proposed Elevations 7 Front South Side February 7, 2017 Contra Costa County Board of Supervisors Minutes 169 Elevations 8 Rear North Side February 7, 2017 Contra Costa County Board of Supervisors Minutes 170 9 Not Drawn to Scale February 7, 2017 Contra Costa County Board of Supervisors Minutes 171 10Tree Stump #1 Tree Stump #2 February 7, 2017 Contra Costa County Board of Supervisors Minutes 172 11February 7, 2017 Contra Costa County Board of Supervisors Minutes 173 RECOMMENDATION(S): OPEN the hearing on the costs of abating a public nuisance on the real property located at San Pablo Ave., Rodeo, California, Contra Costa County (APN 357-020-025); RECEIVE and CONSIDER the attached itemized report on the abatement costs and any objections thereto from the property owner or other persons with a legal interest in the property; and CLOSE the hearing. DETERMINE the cost of all abatement work and all administrative costs to be $6,794.64. ORDER the itemized report confirmed and DIRECT that it be filed with the Clerk of the Board of Supervisors. ORDER the costs to be specially assessed against the above-referenced property and AUTHORIZE the recordation of a Notice Of Abatement Lien. FISCAL IMPACT: No net fiscal impact. The costs as determined above will be added to the tax roll as a special assessment on this property and will be collected at the same time and in the same manner as ordinary County taxes are collected. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jason Crapo (925) 674-7722 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.5 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 7, 2017 Contra Costa County Subject:Cost Confirmation Hearing for Real Property Located at San Pablo Ave., Rodeo, CA February 7, 2017 Contra Costa County Board of Supervisors Minutes 174 BACKGROUND: Contra Costa County Ordinance Code Article 14-6.4 and California Government Code Section 25845 authorize the recovery of abatement costs in public nuisance cases, the recordation of a Notice of Abatement Lien, and inclusion of abatement costs on the tax roll as a special assessment, upon approval of the Board of Supervisors. The Notice and Order to abate was posted on the above-referenced property for an unsecured vacant property with trash and debris and was served on the property owner and all persons known to be in possession of the property by certified mail on July 29, 2016. The property owner did not file an appeal of the Notice and Order to Abate. The County Abatement Officer abated the nuisance on October 7, 2016. The property owner was billed for the actual cost of the abatement and all administrative costs. The bill was sent by first-class mail to the property owner on October 13, 2016. The property owner did not pay the bill within 45 days of the date of mailing. Notice of this Cost Hearing was sent to the property owner by certified mail by the Clerk of the Board. For proof of service, see Clerk of the Board at 651 Pine Street, Room 106, Martinez, CA. CONSEQUENCE OF NEGATIVE ACTION: If not approved, the County will not be able to recover costs for abatement on code violations for this property. CLERK'S ADDENDUM CLOSED the hearing; DETERMINED the cost of all abatement work and all administrative costs to be $6,794.64; ORDER the itemized report confirmed and DIRECT that it be filed with the Clerk of the Board of Supervisors; ORDERED the costs to be specially assessed against the above-referenced property and AUTHORIZED the recordation of a Notice Of Abatement Lien. ATTACHMENTS Itemized Abatement Costs Before and After Photos February 7, 2017 Contra Costa County Board of Supervisors Minutes 175 CONTRA COSTA COUNTY DATE: January 9, 2017 TO: Clerk of the Board FROM: Department of Conservation & Development By: Patty Cookson, Building Inspector II RE: Itemized Report of Abatement Costs The following is an itemized report of the costs of abatement for the below described property pursuant to C.C.C. Ord. Code ' 14- 6.428. OWNER: Carquinez Strait Preserve Trust c/o Myrna Hayes POSSESSOR: N/A MORTGAGE HOLDER: N/A ABATEMENT ORDERED DATE: July 29, 2016 ABATEMENT COMPLETED DATE: October 7, 2016 SITE ADDRESS: San Pablo Ave., Rodeo, CA., 94572 APN#: 357-020-025 PROPERTY DESCRIPTION: Residential AMOUNT OF ABATEMENT COSTS (CCC ORDINANCE CODE 14-6.428) ITEM EXPLANATION COST Notice to Comply (include first 2 inspections) $ 250.00 Site Visits (9 x $100 @) $ 900.00 PIRT (Title Search) Recording Fees (2 x $14.00 ea.) $ $ 150.00 28.00 Certified Letter & Regular Mailings $ 44.64 Photos (37 x $2.00 ea.) $ 74.00 Contractor hired for abatement $ 4,948.00 Final Site Inspection to Confirm Compliance $ 200.00 Compliance Report and Board Hearing $ 200.00 Total $ 6,794.64 Abatement costs can be paid at or mailed to Department of Conservation and Development, Building Inspection Division, 30 Muir Rd., Martinez, CA 94553. February 7, 2017 Contra Costa County Board of Supervisors Minutes 176 San Pablo Ave. Rodeo, CA., 94572 Before Photos February 7, 2017 Contra Costa County Board of Supervisors Minutes 177 February 7, 2017 Contra Costa County Board of Supervisors Minutes 178 February 7, 2017 Contra Costa County Board of Supervisors Minutes 179 San Pablo Ave. Rodeo, CA., 94572 After Photos February 7, 2017 Contra Costa County Board of Supervisors Minutes 180 February 7, 2017 Contra Costa County Board of Supervisors Minutes 181 February 7, 2017 Contra Costa County Board of Supervisors Minutes 182 RECOMMENDATION(S): ACCEPT the report from the Employment and Human Services Department on aging and adult services, including the progress made to address the issue of elder abuse in Contra Costa County. FISCAL IMPACT: None. BACKGROUND: On May 23, 2000 the Board of Supervisors referred to the Family and Human Services Committee an annual report on the progress made on the issue of elder abuse in Contra Costa County. Since that time the Committee has received an annual report from the Employment and Human Services Department. On December 14, 2015, the Family and Human Services Committee received a report from the Employment and Human Services Department on this referral. At the time of the report, the new Aging and Adult Services Director was a recent hire, having only been with the department a couple of months. Since the new director had identified various strategies to address some pending issues, such as staffing and crisis response times, and program changes were in transition, the Family and Human Services Committee approved a report being presented to the Board of Supervisors at a later time when the department would be prepared to discuss a timeline addressing the program and operational challenges discussed. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Enid Mendoza, (925) 335-1039 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.7 To:Board of Supervisors From:FAMILY & HUMAN SERVICES COMMITTEE Date:February 7, 2017 Contra Costa County Subject:Aging and Adult Services and Adult Protective Services Challenges for Aged and Disabled Populations February 7, 2017 Contra Costa County Board of Supervisors Minutes 183 CONSEQUENCE OF NEGATIVE ACTION: The Board will not receive the report from the Employment and Human Services Department on the issue of Elder Abuse and Aging and Adult Services in Contra Costa County. ATTACHMENTS Aging and Adult Svcs F&HS Report Dec 2015 Aging and Adult Services Presentation February 7, 2017 Contra Costa County Board of Supervisors Minutes 184 Adult Protective Services Statistics and Annual Update Victoria Tolbert Aging and Adult Services Director Employment and Human Services Department December 14, 2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 185 1 1.Source U.S. Census Bureau: State and County Quick Facts. Program Scope Contra Costa County Adult Protective Services (APS) is designed to investigate and mitigate abuse, neglect or exploitation of elder adults (65 years and older) and dependent adults (18-64 who are disabled), when these adults are unable to meet their own needs. These services are provided to any person meeting the program criteria who resides in the community (not in licensed long term care facilities, state hospital or state developmental center). The program is primary considered an emergency response program, however, APS services are also considered preventive in nature and part of a continuum of services offered by the department. An effective APS program reduces the need for services in higher cost emergency health care interventions, public guardian, public administrator and law enforcement costs. APS staff also provides information and referral to other agencies and educates the public about reporting requirements and responsibilities under the Elder and Dependent Adult Abuse Reporting Laws. APS further partners with these agencies to develop a comprehensive response to abuse and neglect. APS attempts to create a stable environment where the individual can safely function without requiring additional intervention from the adult protective services program. The goal of the program is to provide such support in the community and in the clients own home. Adult protective services include:  Response to reports of known or suspected abuse or neglect.  Investigations.  Time-limited case management and arrangement for delivery of services.  Emergency shelter/in-home protection.  Tangible resources.  Multidisciplinary team. Current Staffing Staffing for the APS program continues to be below the levels established in 2008 prior to the economic downturn and staff reductions in Contra Costa County. As a result, the program continues to struggle with providing critical services to the target population and, in fact, remains out of compliance with some state mandates of the program (see Challenges below). The current staffing include the following: 1 Division Manager 1 Senior Staff Assistant 1 Secretary 2 APS Supervisors 2 Clerks 13 APS Social workers. Program Strengths February 7, 2017 Contra Costa County Board of Supervisors Minutes 186 2 1.Source U.S. Census Bureau: State and County Quick Facts. The APS program has a long history in Contra Costa County and has been a model of service in the past. The program staff is committed to growing and rebuilding the program in a way that better meets the needs of the vulnerable seniors and disabled adults served. The team is actively engaging in a plan of correction. The program continues to receive reports from key community partners in the protection of elders including law enforcement, banking institutions, health care providers and community based programs such as senior centers. These partners are anxious to strengthen those relationships for improved outcomes. Challenges Staffing levels, longstanding vacancies in key leadership positions and increased demand for services have created an environment where the APS program is unable to meet the basic mandated requirements of the program. The department has been successful in slowly building staffing levels back to the 2008 levels, but changes in the program demands dictate that this will not be sufficient. The population in Contra Costa County has grown 5.9% between 2010 and 2014. APS cannot currently take very many live calls on the APS hotline. While the hotline is the first point of contact with the program, the phone lines are staffed by two clerks who take a message and pass it on to two trained social workers who then attempt to reach the reporting party. This system does not allow for a trained social worker to provide an immediate response to a crisis situation, since reporters are often busy health care, law enforcement and other professionals, which may not be immediately available to wait for a call back. The result is a loss of potential reports. Performance Data The need for Adult Protective Services continues to grow with the growing population in the county. As families, friends, neighbors and caregivers are better educated to recognize the signs of abuse, even more reports are coming into the department. All reports should be investigated by APS. The overall number of abuse reports has risen from 3,115 in FY 13/14 to 4,484 in FY 14/15. This represents a 30% increase in the number of APS calls. In light of the slow staff growth, there is an alarming trend toward screening only the highest risk calls thereby reducing the programs ability to provide preventative support. Below are the Intake Summary Reports and the Case Closure Statistics for the program. These charts represent program activity in regards to client flow and illustrate the high demand for and the complexity of the APS case. Of the 4,484 reports that were received by the department, a face to face assessment was conducted on 1,639 cases, approximately 25%. The reasons for this include unfounded reports, client not consenting to services, placement in long term care facilities and inability of the limited staff answering the hotline calls to respond live to callers and establish full reports. February 7, 2017 Contra Costa County Board of Supervisors Minutes 187 3 1.Source U.S. Census Bureau: State and County Quick Facts. Closure Statistics February 7, 2017 Contra Costa County Board of Supervisors Minutes 188 4 1.Source U.S. Census Bureau: State and County Quick Facts. Cases Where a Face to Face was Completed Total Number of Cases Closed After Face to Face 1,626 Reason for Closure CASES Protection issue resolved and client safe 365 Risk of abuse was reduced 527 Receiving intervention from another agency/resource 109 Client was placed in a long term care facility 77 Client does not consent to services 250 Client requested case closure 20 Client is deceased 37 Client moved out of jurisdiction 20 Allegations unfounded, no protective issue 121 Client does not meet criteria for APS 4 Other 96 Future Plans APS is a short-term emergency response program, designed to provide a rapid and comprehensive response to the critical needs of elders and disabled adults. Partnerships with key community partners are critical. Over two thirds of all APS cases are open for less than 2 months, during which time the staff work intensively to reduce risk, stabilize and connect families to necessary resources. In order to meet that demand the program must continue to evolve and grow.  Increase APS Social Work Staffing to rebuild the Division to meet the current demand for service.  Create an integrated call center for calls to Adult Protection, In Home Support Services and Information and Assistance to better coordinate services to those callers who require the assistance of other community based programs to prevent the escalation of a low level concern to a crisis.  Re-establish the Multi-disciplinary Team and the Financial Abuse Services Team meetings with community partners to better coordinate integrated service plans for complex cases of abuse and neglect and create a Senior Staff Assistant position to facilitate and coordinate the two teams  To better equip our staff to respond to the complex needs of this population, created in partnership with all Aging Divisions, a Staff Development Trainer dedicated to producing and February 7, 2017 Contra Costa County Board of Supervisors Minutes 189 5 1.Source U.S. Census Bureau: State and County Quick Facts. supporting county based induction and ongoing training related to aging services.  Create a Tangible Services fund to meet the immediate needs of program clients by providing one time support for critical needs such as emergency repairs, transportation, food, shelter or utility shut offs.  To improve data tracking and reporting in order to create performance management reports to be used for informed decision making and to improve program outcomes. The unfortunate specter of elder abuse is not declining. In fact, legislative proposals are moving toward the need for greater, not less intervention on the part of APS. As the population grows, so does the need for protection. Financial abuse schemes are becoming more sophisticated, neglect and self- neglect are prevalent and the physical abuse or injury can be the result of violence or poor training on the part of a caregiver. The complex dynamics facing families are impacting these vulnerable adults as well. Contra Costa County has the history of providing model services in adult protection and the department is striving to become a model of service once again. February 7, 2017 Contra Costa County Board of Supervisors Minutes 190 Strengthening Programs for the Elderly and Persons with Disabilities Victoria Tolbert, Aging & Adult Services Director Employment and Human Services Department 2/7/17 February 7, 2017 Contra Costa County Board of Supervisors Minutes 191 ContraCostaCounty AgingPopulation 48144; 23% 108132; 53% 49232; 24% Population West County Central County East County February 7, 2017 Contra Costa County Board of Supervisors Minutes 192 FederalPovertyGuildeline $11,880 February 7, 2017 Contra Costa County Board of Supervisors Minutes 193 65andolderprojections February 7, 2017 Contra Costa County Board of Supervisors Minutes 194 ContinuumofCare • Adult Protective Services • In Home Supportive Services • Public Authority • Area Agency on Aging • General Assistance • Information and Assistance Basic economic Support Link to services Prevention Services to maintain in the community Basic Social and Support services Advocacy and Planning Crisis intervention Short term case management Link to higher level care Services to remain safely in the home Coordination with health care Prevention of institutionalization February 7, 2017 Contra Costa County Board of Supervisors Minutes 195 CoordinationGoals •No Wrong Door •Reduced Duplication •Coordination between Health Care, Long Term Care, Community based Services and Behavioral Health •Reduced premature institutionalization •Reduced hospitalization •Improved health outcomes February 7, 2017 Contra Costa County Board of Supervisors Minutes 196 Programhighlights IHSS 8,869 Clients (Elderly, adults with disabilities, disabled children) Payroll 6,071 Providers AAA 12,000 I&A Calls 3,139 HICAP clients 331,250 Home Delivered Meals 175,000 Congregate Meals Ombudsman, Minor home modification, falls prevention, case management, etc APS 4,484 abuse reports February 7, 2017 Contra Costa County Board of Supervisors Minutes 197 Challenges Critical Staffing Issues • Shortage of direct service staff • Recruitment challenges Planning and Coordination • Need to focus on new mandates and the development of innovative and effective projects Achieving Program Mandates • IHSS Assessment and Re-Assessment • APS Multi Disciplinary Team and Tangible Services February 7, 2017 Contra Costa County Board of Supervisors Minutes 198 ContributingFactors •Growth of the aging population without commensurate growth in funding •2008 Recession Impacts •Eliminating county overmatch •Withdrawal from community partnerships and erosion of mandated elder abuse reporting and investigation system •Recruitment and retention of staff February 7, 2017 Contra Costa County Board of Supervisors Minutes 199 AreaAgencyonAging •Area Agency on Aging (AAA) provides leadership in addressing issues that relate to older Californians, develops community based systems of care that provide services which support independence and which protect the quality of life of older adults and persons with disabilities. The AAA promotes citizen involvement in the planning and delivery of service. The program is responsible for the administration of Older Americans Act and Older Californians Act funding and does this through multiple community based contracts and direct service provision. •Adult Day Care •Case Management •Ombudsman •Family Caregiver Support •Home Delivered and congregate meals •Legal Services •Fall Prevention February 7, 2017 Contra Costa County Board of Supervisors Minutes 200 IHSS •The IHSS Program will help pay for services provided to assist seniors and persons with disabilities to remain safely in their own home. IHSS is considered an alternative to out-of-home care, such as nursing homes or board and care facilities. •The types of services which can be authorized through IHSS are: •Housecleaning •meal preparation •Laundry •grocery shopping •personal care services (such as bowel and bladder care, bathing, grooming and paramedical services) •accompaniment to medical appointments •protective supervision. February 7, 2017 Contra Costa County Board of Supervisors Minutes 201 IHSSCriticalIssues- Delayed intake assessments Ongoing reassessments Workforce stability Professional Development Space Governor's budget proposal and revise February 7, 2017 Contra Costa County Board of Supervisors Minutes 202 AdultProtectiveServices •Adult Protective Services (APS) is designed to investigate and mitigate abuse, neglect or exploitation of elder adults (65 years and older) and dependent adults (18-64 who are disabled) •APS also provides information and referral to other agencies and educates the public about reporting requirements and responsibilities under the Elder and Dependent Adult Abuse Reporting Laws. Services include: •Response to reports of known or suspected abuse or neglect. •Investigations. •Time-limited case management and arrangement for delivery of services. •Emergency shelter/in-home protection. •Tangible resources. •Multidisciplinary team. February 7, 2017 Contra Costa County Board of Supervisors Minutes 203 APSCriticalIssues •30% increase in abuse reports over the past year. •Sufficient staffing to provide intensive case management and emergency response February 7, 2017 Contra Costa County Board of Supervisors Minutes 204 RebuildingPartnerships •Contra Costa County Office of the Sheriff •Family Justice Center •Contra Costa Health Services Conservatorship/Guardianship Program •Contra Costa Regional Medical Center Mental Health/Psychiatry •Contra Costa Behavioral Health Services Older Adult Mental Health Services •Ombudsman Services of Contra Costa •Contra Costa Alliance to End Abuse (Zero tolerance for Domestic Violence Initiative) •Office of the District Attorney Contra Costa County •Meals on Wheels February 7, 2017 Contra Costa County Board of Supervisors Minutes 205 CalOESGrant ForensicCenter Elder abuse forensic centers are a new model of multidisciplinary collaboration on elder abuse cases. •APS, law enforcement and LTC Ombudsman and community based partners join forces for the purpose of: •Conducting evaluations, •Lessening the burden of multiple interviews for alleged abuse victims, •Establishing integrated care plans •Gather evidence for victims compensation or prosecution. February 7, 2017 Contra Costa County Board of Supervisors Minutes 206 2nd CalOESGrant–Elder FinancialAbuse •Direct Services include: •Immediate Health and Safety •Mental Health Assistance •Assistance with Participation in Criminal Justice Proceedings •Forensic Examinations •Restorative Justice •Skills Training for Staff •Outreach Materials February 7, 2017 Contra Costa County Board of Supervisors Minutes 207 CountyWidePlanning Aging and Adult Programs Contra Costa Public Services Community Based Programs February 7, 2017 Contra Costa County Board of Supervisors Minutes 208 IntegratedCallCenter Information and Assistance In Home Support Services Adult Protective Services February 7, 2017 Contra Costa County Board of Supervisors Minutes 209 Lookingforward… Care coordination Managed care integration Enhancements to protection Dementia Population growth End of life planning February 7, 2017 Contra Costa County Board of Supervisors Minutes 210 AASGoals •Re-establish community partnerships and strengthen the network of services •Develop data strategies to assure regulatory compliance •Prepare AAS for new mandates through staff and community training •Improve customer service through program integration •Maximize existing revenue streams to leverage innovative programs •Explore community strategies for creating an aging- friendly county. February 7, 2017 Contra Costa County Board of Supervisors Minutes 211 Aninvitation Aging Imperative – County Wide Planning Aging Services Visit A picture paints a thousand words…. February 7, 2017 Contra Costa County Board of Supervisors Minutes 212 Questions? February 7, 2017 Contra Costa County Board of Supervisors Minutes 213 RECOMMENDATION(S): 1. RECEIVE a presentation and report from the Sheriff's Office on the status of the proposed West Contra Costa County Reentry, Treatment and Housing (“WRTH”) facility project and the Senate Bill 844 Request for Proposal (“RFP”) process. 2. ADOPT Resolution No. 2017/44, approving the County’s proposal for SB 844 financing for the WRTH facility project (the “Proposal”), authorizing the Sheriff-Coroner to sign and submit the Proposal to the Board of State and Community Corrections, authorizing an adequate amount of available matching funds to satisfy the County’s contribution to the WRTH facility project, approving the forms of the project documents deemed necessary by the state, and authorizing the appropriate signatories to execute those documents at the appropriate times. 3. APPROVE and AUTHORIZE the Sheriff-Coroner and County Administrator to make non-substantive edits to the Proposal and its attachments prior to submission to the Board of State and Community Corrections (“BSCC”), and to correct any technical deficiencies requested by the BSCC following submission. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor NO:John Gioia, District I Supervisor Contact: Capt. Thomas Chalk, (925) 313-2692 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.8 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:February 7, 2017 Contra Costa County Subject:AUTHORIZE THE SHERIFF-CORONER TO SUBMIT AN APPLICATION FOR SB 844 JAIL CONSTRUCTION FUNDS February 7, 2017 Contra Costa County Board of Supervisors Minutes 214 FISCAL IMPACT: Physical Plant: $95.2 million - Total Project Cost $70.0 million - SB 844 Jail Funding Program $22.0 million - Cash Match $15.0 million General Fund Reserve (Unassigned) $4.5 million Sheriff’s Plant Acquisition account (0111) (existing General Fund appropriation) $2.5 million 2011 Local Revenue Fund (AB 109) $3.2 million - In-Kind Match (Land Value, project oversight, transition planning, etc.) Future Operating Costs (in 2017 dollars) ($5,058,738): Detention Staffing ($2,152,104) Rehabilitation and Reentry Services (Services to be provided by Community Based Organization via Request for Proposals) ($1,907,034) Adult Education and Vocational Services (CCC Office of Education) ($241,600) Psychiatric Services – CCC Detention Health ($750,000) BACKGROUND: The recommended actions provide for the County to take the steps necessary to seek funding in the amount of $70 million from the Board of State and Community Corrections (“BSCC”). The funds will be used to build a proposed new facility at the West County Detention Facility (“WCDF”) campus that adds 160 high security cells, and 48 high security, special use cells for mentally ill offenders (416 replacement beds total. These beds will replace 420 existing beds at MDF, resulting in a net reduction of 4 beds to the County's rated capacity. In addition to providing appropriate housing to address the unsafe, over-crowded housing at MDF, the WRTH will also establish a 20,127 square foot Reentry Service Center (“RSC”) available to every inmate not only at the WRTH, but also the entire WCDF campus, and include the following (not a complete listing): A Rehabilitation and Reentry Services Center (7,845 sf) A Workforce Readiness Center (3,570 sf), A Child/Parent Contact Visitation Center (2,125 sf), A Medical and Psychiatric Services Clinic (2,352 sf), and A Non-Contact Visiting Center (750 sf). The entire building is a two-level facility, each with mezzanines, with a total of 118,907 square feet. SCOPE AND NEEDS ASSESSMENT: The scope of the proposed WRTH facility was established based on a Needs Assessment that was completed in August 2015 by an independent consultant. Based on the new needs assessment, staff has determined that the optimum new proposed facility would add about 208 high-security cells, and would rely largely on support services from existing facilities, including intake and release, inpatient medical services, food services, laundry and warehouse storage. In addition to new beds, the new proposed facility would include space for inmate reentry programs and mental health treatment, as well as visitation and outpatient medical health care dedicated to the new housing units. The SB 844 legislation provides for counties the size of Contra Costa County to receive up to $70 million from the State with a requirement to contribute at least 10% of the total project cost, and meet other conditions of the award. It also requires the BSCC to distribute funds to counties competitively, giving preference to counties “seeking to replace compacted, outdated, or unsafe housing capacity….that provide adequate space for the provision of treatment and rehabilitation services, including mental health. ” It further requires that additional preference be given to counties that are most prepared to begin, and have not received state financing throughFebruary 7, 2017 Contra Costa County Board of Supervisors Minutes 215 preference be given to counties that are most prepared to begin, and have not received state financing through prior state programs (Assembly Bill 900, Senate Bill 1022, and Senate Bill 863). Detailed scoring criteria is provided in the state’s RFP. The Contra Costa County Needs Assessment provides compelling evidence of the need for new construction to address a safety concern borne out of the outdated and insufficiently secure housing capacity for violent offenders. The average number of high security inmates in the County system is about 660, but just last month there were 719. The County’s jail facilities provide only 53 high-security beds. The Needs Assessment also identifies a requirement for additional program space to better service and treat this class of inmate, and also to address the needs resulting from the AB 109 realignment of inmates from State prisons, which detain inmates for a much longer period of time than county jails have traditional done prior to the realignment. The proposed new facility will provide these needs, resulting in better reintegration of inmates into society and a corresponding reduction in recidivism. The facility needs and the benefits of the proposed WRTH are documented in the recommended Application (Attachment A). FUNDING PREFERENCE CRITERIA: Approval of Resolution No. 2017/44 provides for the County to seek the maximum score for each scoring criteria. Criteria demonstrating readiness to proceed includes the completion of CEQA documentation. Completion of CEQA requires an expiration of a 30-day statute of limitations on the Board’s approval of a Notice of Determination (NOD). The NOD related to this Project has been filed with the State Clearing House and Governor's Office of Planning and Research. The County’s SB 844 Application includes a letter from County Counsel assuring CEQA documentation is complete and final. Below is additional information regarding the three criteria that is recommended for inclusion in the County’s Application: Assurance of Matching Funds: This is mandatory for any county seeking funding under SB 844. Recommended Action (2) results in identifying, as required by the BSCC, the County’s entire, minimum match requirement of 10% of the project cost, and any other cost above that amount to needed for the total project cost. Staff estimates the County’s match of eligible project costs to be $25.2 million, including the value of the land that the County receives credit for toward that match and which was recently appraised at a value of $680,000, which is 26% of the total project cost. The Budget Summary (Attachment G) provides the budget details to be submitted with the Application. In adopting Resolution No. 2017/44, the Board resolves to make available an adequate amount of matching funds to satisfy the County’s contribution to the project, to be a minimum of the 10% cash match equaling $8 million, but also to cover all project costs including ineligible and other required over-match funding that may occur, and to be derived exclusively from lawfully available funds of the County, compatible with the States’ lease revenue bond financing. Staff estimates such funding requirement will be $21.8 million. Assurance of Adherence to State Agreements: This is the most significant of all County requirements. The State financing is predicated on the ability of the State Public Works Board (SPWB) to issue bond financing. This lease-revenue financing plan is ultimately implemented through eight related agreements. Resolution No. 2017/44 contains specific language required by the RFP, part of which essentially requires the Board to approve the form of five agreements, and to provide authorization for the County to eventually execute them in substantially the form in which they exist. The most substantial of the agreements is the form of the Project Delivery and Construction Agreement (the “PDCA”, found in Attachment B), which defines the scope, cost and timeline of the proposed facility. That agreement contains three Exhibits providing the forms of a Ground Lease (Attachment B.1), a Right of Entry (Attachment B.2), a Facility Sublease (Attachment B.3), and a Facility Lease (Attachment B.4). The Ground Lease and Facility Sublease will provide security for the bonds that may be issued by the SPWB. The Right of Entry relates to the Ground Lease to provide state access to the construction site. The sixth agreement is the BSCC Jail Construction Agreement (the “JCA”, provided as Attachment C). Article 11 of the JCA form incorporates by reference the General Terms and Conditions published by the State Department of General Services as GTC-610 (Attachment D), which itself incorporates by reference the Contractor Certification Clauses published by the State Department of General Services as CCC-307 (Attachment E). The Agreements were developed for a predecessor jail funding program known as AB 900, and still reference that program; however the state has stipulated that similar form agreements will be used for the SB 844 program. February 7, 2017 Contra Costa County Board of Supervisors Minutes 216 If the County is awarded and meets the conditions of the SB 844 financing, the County and State would execute the agreements identified above, which will require further action by the Board of Supervisors. Only after that future action will the County be committed to constructing and staffing the facility. Note that the PDCA does, however, make provisions for termination and contingency events, which allow for the County and the State to exit that agreement, including: Prior to the County proceeding to bid, the State declines to issue bonds upon the State’s good–faith determination that such financing is not feasible or appropriate; or The State and the County agree to terminate the PDCA if the County determines that it cannot proceed with the expansion after initial construction bids are received, but before any construction contract is awarded. REQUIREMENTS OF BOARD RESOLUTION: The State has required that counties submitting responses to the RFP adopt a resolution that includes certain assurances and attestations outlined in Section 6 of the Application Form. These are listed below: -Name project officers -Authorize a County authority to sign and submit the Application, including an Applicant’s Agreement -Approve the forms of the agreements to be later executed -Assure the County will adhere to the terms of those agreements -Assure that the County authorizes adequate matching funds using legal sources -Safely staff and operate the facility within 90 days of completion -Assure site control through fee simple ownership of the site, and no changing of terms while secured -Attestation to $680,000 as the current fair market land value of the new facility Staff finds that each of these is achievable and reasonable, and would recommend such assurances be granted, as reflected in the attached Resolution No. 2017/44. MILESTONES AND SOURCE OF FUNDS: The RFP requires the County to meet specific milestones within certain timeframes to maintain compliance with the conditions of the award. After any Notice of Conditional Award (the “NCA”) is granted by the State, the first deadline is the submittal of “Site Assurances” that the proposed facility site is owned by the County through fee simple land title, which must be provided within 90 days of the NCA. The County’s real property due diligence has already been completed and is anticipated to be submitted with this Application. The remaining projected milestones for meeting the conditions of an award are based on an anticipated NCA date of July 10, 2017 and are shown in Attachment H. The Fiscal Impact section above preliminarily identifies the funding sources to be used for the proposed project. Once the State executes the Board’s approved agreements identified above, the County is authorized to begin spending funds for costs that are reimbursable by the State. However, the State will not reimburse for any eligible cost until a design-build contract has been awarded, which is currently anticipated to occur in January of 2019. The State pledges to pay invoices within 60 days of submittal and will accept monthly invoicing. The State withholds 5% of the $70 million until completion of an audit that affirms the completed facility has been made operational within 90 days of construction completion. This is scheduled to occur in September of 2021. There are cash flow requirements to consider. While the total County outlay is estimated at $21.8 million, it is estimated there will be a peak, temporary debt load of about $25 million for approximately 8 months until all reimbursements have been made. This is only a rough estimate until a detailed cash flow analysis can be completed. CONSEQUENCE OF NEGATIVE ACTION: Negative action would result in the Sheriff's Office not being authorized to submit the Application or submitting a February 7, 2017 Contra Costa County Board of Supervisors Minutes 217 Negative action would result in the Sheriff's Office not being authorized to submit the Application or submitting a non-competitive Application should certain actions related to grant preference criteria not be adopted. CHILDREN'S IMPACT STATEMENT: No impact. CLERK'S ADDENDUM Speakers: Cecilia Valdez, Mayor of San Pablo; Antonio Medrano, American Civil Liberties Union (ACLU); Maricar Tan, RN, Contra Costa Regional Medical Center; Amy Scott-Slovick, California Nurses Association (CNA); Andrew Dadko, CNA; Rochelle Pardue, El Cerrito City Council; Margaret Ewing, resident of Canyon; Kathleen Sullivan, Black Women Organized for Political Action (BWOPA); Phil Arnold, IWF; Julia Thompson Gallego, resident of San Ramon; Genny Zentella, resident of San Pablo; Blanca Retano (translated by Edith Pastrano); Jovanka Beckles, Richmond City Council; Jerry Elstes, resident of Richmond; Emilia Bermudez, Alliance of Californians for Community Empowerment (ACCE); Gabriel Haaland, SEIU 1021; Tanisha Walker, Safe Return Program; Harry Baker, SEIU 1021; Eduardo Martinez, resident of Richmond; Melvin Willis, ACCE; Nancy Ybarra, Contra Costa Interfaith Supporting Coumunity Organization (CCISCO); Kristi Laughlin, Faith Alliance for a Moral Economy, EBASE; Bob Lane, Faith Alliance; Lua Riley, resident of Richmond; Lizzy Gore, resident of Richmond; Claudia Jimenz, resident of Richmond; Juan Lozano, ACCE; David Brazil, Faith Alliance for a Moral Economy; Juan Reardon, Richmond Progressive Alliance (RPA); Duane Chapman, Chair, Mental Health Commission; Sean Casey, Executive Director, First 5 Contra Costa; Maria Alegria, resident of Pinole; Diddo Clar, CCC Democratic Party Secretary; Nancy Kelly, Unitarian-Universalist Church Social Justice Council; Lauren Rettagliata; Jim Foley, IBEW 302; Lee Lawrence, League of Women Voters, Diablo Valley; Rita Xavier, League of Women Voters, West CCC; Zuleika Godinez, Ensuring Opportunity Campaign; Rita Barouch, resident of Richmond; Douglas Dunn, resident of Antioch (handout); Edith Pastrano, resident of Richmond; Jessica Penegrinar, Concilio Latina; Patricia Ponce, resident of San Pablo; Lee Turner, resident of Richmond; Ankush Ganapathy, ACCE; Donnell Jonel, Ceasefire; Caudelaria Martinez, CCC Racial Justice Coalition; Indigo Mateo, resident of Antioch; Peggy Kroll, resident of Danville; Melissa Crosby, resident of Richmond; Jesus Pimentel; Jovana Fajardo, ACCE. The following did not speak but left written comments (attached): Wendy Kate Collins, resident of Martinez; David Kahler, National Alliance on Mental Illness; Donald Specter, Prison Law Office; Jane & Michael Larkin, residents of Walnut Creek; high school students from West County. AGENDA ATTACHMENTS Resolution No. 2017/44 Attachment A - SB 844 Application Attachment B - Form of Project Delivery and Construction Agreement Attachment B.1 - Form of Ground Lease Attachment B.2 - Form of Right of Entry Attachment B.3 - Form of Facility Sublease Attachment B.4 - Facility Lease Attachment C - Form of BSCC Jail Construction Agreement Attachment D - DGS Terms and Conditions Attachment E - DGS Contractor Certification Clauses Attachment F - Summary Provisions of SB 844 Agreements Attachment G - Budget Summary Table Attachment H - Project Milestones February 7, 2017 Contra Costa County Board of Supervisors Minutes 218 SB 844 Facility - Detailed Operating Expenditures Jail Needs Assessment PowerPoint Presentation MINUTES ATTACHMENTS Signed Resolution No. 2017/44 Correspondence Received February 7, 2017 Contra Costa County Board of Supervisors Minutes 219 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/07/2017 by the following vote: AYE: Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO:John Gioia ABSENT: ABSTAIN: RECUSE: Resolution No. 2017/44 Senate Bill 844 Resolution of the Board of Supervisors of the County of Contra Costa, supporting Sheriff David O. Livingston in the submittal of an application for state funding of the proposed West Contra Costa County Reentry, Treatment, and Housing (WRTH) Facility Project WHEREAS, the Board of State and Community Corrections on behalf of the State of California has made available up to $270 million in state lease-revenue bond financing for the acquisition, design and construction, including expansion or renovation, of adult local criminal justice facilities in California as authorized by Senate Bill 844 (SB 844), and WHEREAS, on December 30, 2016, the Board of State and Community Corrections issued a Request for Proposals (RFP) to award and allocate financing to counties as authorized by SB 844, and WHEREAS, counties with a general population of 200,000 and above are required to provide a minimum of 10 percent of the total project costs in matching contribution; and WHEREAS, the County of Contra Costa is seeking an award of SB 844 financing in the amount of $70 million for the West Contra Costa County Reentry, Treatment, and Housing facility project; and WHEREAS, the goal of SB 844 is to improve local adult criminal justice housing with an emphasis on expanding program and treatment space to manage the adult offender population in order to enhance public safety throughout the state by providing increased access to appropriate programs and mental health treatment; and WHEREAS, the West Contra Costa County Reentry, Treatment, and Housing facility project (the “Project”) will improve adult criminal justice housing in Contra Costa County through the Project’s emphasis on expanding program and treatment space, thereby promoting public safety and serving a critical state purpose; and WHEREAS, Contra Costa County Sheriff David O. Livingston has requested that the Board of Supervisors authorize him to execute Contra Costa County’s proposal for SB 844 financing in response to the RFP (the “Proposal”) and submit it to the Board of State and Community Corrections. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors: Approves the West Contra Costa County Reentry, Treatment, and Housing facility project (the “Project”), approves the Proposal and authorizes Sheriff David O. Livingston to sign and submit the Proposal on behalf of the County of Contra Costa requesting funds in the amount of $70,000,000. 1. The following funds have been identified as potentially available to satisfy the County’s full cash match contribution to the Project of $22,002,000: up to $4.5 million from Sheriff’s Plant Acquisition account (0111) and up to $2.5 million from the 2011 Local Revenue Fund – Community Corrections account (AB 109) (0295/2982), and up to $15,002,000 from County General Fund reserves. 2. In addition, the County has already paid, budgeted or identified $3,796,000 in “in-kind” contributions towards the Project.3. Assures that any County cash contribution matching funds for the Project will be derived exclusively from lawfully available funds of the County and will be compatible with the State’s lease revenue bond financing. 4. Assures that the payment of any County cash contribution matching funds for the Project (i) will be within the power, legal right, and authority of the County; (ii) will be legal and will not conflict with or constitute on the part of the County a 5. 4 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 220 right, and authority of the County; (ii) will be legal and will not conflict with or constitute on the part of the County a material violation of, a material breach of, a material default under, or result in the creation or imposition of any lien, charge, restriction, or encumbrance upon any property of the County under the provisions of any charter instrument, bylaw, indenture, mortgage, deed of trust, pledge, note, lease, loan, installment sale agreement, contract, or other material agreement or instrument to which the County is a party or by which the County or its properties or funds are otherwise subject or bound, decree, or demand of any court or governmental agency or body having jurisdiction over the County or any of its activities, properties or funds; and (iii) will be available for authorization by necessary and appropriate action on the part of the governing body of the County. Assures that the funds identified as the County’s proposed cash contribution matching funds and the Project are not and will not be mortgaged, pledged, or hypothecated by the County in any manner or for any purpose and have not been and will not be the subject of a grant of a security interest by the County. In addition, the funds identified as the County’s proposed cash contribution matching funds and the Project are not and will not be mortgaged, pledged or hypothecated for the benefit of the County or its creditors in any manner or for any purpose and have not been and will not be the subject of a grant of a security interest in favor of the County or its creditors. The County shall not in any manner impair, impede or challenge the security, rights and benefits of the owners of any lease-revenue bonds sold by the State Public Works Board for the Project (the “Bonds”) or the trustee for the Bonds. 6. Assures that when and if state financing is awarded for the Project within the SB 844 Financing Program, the funds identified as the proposed County match are available, subject to appropriation by the Board of Supervisors, for purposes of the Project. The County’s readiness to proceed is evidenced in the County’s Proposal. 7. Generally approves the form of the Project documents deemed necessary by the State Public Works Board to the Board of State and Community Corrections to effectuate the financing authorized by SB 844.The County Administrator, David J. Twa, or his designees, (collectively, the “Authorized Officers”), acting for and in the name of the County, is hereby authorized to execute, and the Clerk of the Board of Supervisors is hereby authorized to attest, the Project Delivery and Construction Agreement, the Board of State and Community Corrections Jail Construction Agreement, the Ground Lease, the Right of Entry for Construction and Operation, and the Facility Sublease, in substantially the form hereby approved, with such additions thereto and changes therein as are required by the Board of State and Community Corrections or the State Public Works Board to effectuate the SB 844 Financing Program and as condition to the issuance of the Bonds and subject to review and approval as to form by County Counsel.Approval of such changes shall be conclusively evidenced by the execution and delivery thereof by any one of the Authorized Officers, each of whom, acting alone, is authorized to approve such changes. 8. Authorizes each of the Authorized Officers to execute these respective agreements at such time and in such manner as is necessary within the SB 844 Financing Program, and to execute, acknowledge and deliver any and all documents required to consummate the transactions contemplated by the Project Delivery and Construction Agreement, the Board of State and Community Corrections Jail Construction Agreement, the Ground Lease, the Right of Entry for Construction and Operation, and the Facility Sublease. 9. Designates Contra Costa County personnel to act in specific capacities, as follows:County Construction Administrator – Ramesh Kanzaria, PE, Manager of Capital Projects Division, Public Works Department; Project Financial Officer – Wanda Quever, Manager of Finance Division, Public Works Division; Project Contact Person – Capt. Thomas Chalk, Division Commander, Sheriff’s Office. 10. Assures that the County of Contra Costa will adhere to state requirements and terms of the agreements between the County of Contra Costa, the Board of State and Community Corrections and the State Public Works Board in the expenditure of any state financing allocation and County’s cash contribution matching funds. 11. Assures that the County of Contra Costa will fully and safely staff and operate the facility that is being constructed (consistent with Title 15, California Code of Regulations, Chapter 1, Subchapter 6, section 1756(j)(5)) within 90 days after project completion. 12. Assures that the County of Contra Costa has project site control through either fee simple ownership of the site or comparable long-term possession of the site, and right of access to the project sufficient to assure undisturbed use and possession of the site, and will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site of facility subject to construction, or lease the facility for operation to other entities, without permission and instructions from the Board of State and Community Corrections, for so long as the State Public Works Board lease-revenue bonds secured by the financed project remain outstanding. 13. Attests to $680,000 as the current fair market land value of the Project site, to the land not being under an existing operational facility, and to its actual on-site land value documentation being from an independent appraisal. 14. Certifies that the County is not and will not be leasing housing capacity in the Project to any other public or private entity for a period of 10 years beyond the completion date of the Project. 15. February 7, 2017 Contra Costa County Board of Supervisors Minutes 221 Contact: Capt. Thomas Chalk, (925) 313-2692 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: February 7, 2017 Contra Costa County Board of Supervisors Minutes 222 February 7, 2017 Contra Costa County Board of Supervisors Minutes 223 February 7, 2017 Contra Costa County Board of Supervisors Minutes 224 February 7, 2017Contra Costa County Board of Supervisors Minutes225 February 7, 2017Contra Costa County Board of Supervisors Minutes226 February 7, 2017Contra Costa County Board of Supervisors Minutes227 February 7, 2017Contra Costa County Board of Supervisors Minutes228 February 7, 2017Contra Costa County Board of Supervisors Minutes229 February 7, 2017Contra Costa County Board of Supervisors Minutes230 February 7, 2017Contra Costa County Board of Supervisors Minutes231 February 7, 2017Contra Costa County Board of Supervisors Minutes232 February 7, 2017Contra Costa County Board of Supervisors Minutes233 February 7, 2017Contra Costa County Board of Supervisors Minutes234 February 7, 2017Contra Costa County Board of Supervisors Minutes235 February 7, 2017Contra Costa County Board of Supervisors Minutes236 February 7, 2017Contra Costa County Board of Supervisors Minutes237 February 7, 2017Contra Costa County Board of Supervisors Minutes238 February 7, 2017Contra Costa County Board of Supervisors Minutes239 February 7, 2017Contra Costa County Board of Supervisors Minutes240 February 7, 2017Contra Costa County Board of Supervisors Minutes241 February 7, 2017Contra Costa County Board of Supervisors Minutes242 February 7, 2017Contra Costa County Board of Supervisors Minutes243 February 7, 2017Contra Costa County Board of Supervisors Minutes244 February 7, 2017Contra Costa County Board of Supervisors Minutes245 February 7, 2017Contra Costa County Board of Supervisors Minutes246 February 7, 2017Contra Costa County Board of Supervisors Minutes247 February 7, 2017Contra Costa County Board of Supervisors Minutes248 February 7, 2017Contra Costa County Board of Supervisors 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,KHUHE\FHUWLI\WKDWWKLVLVDWUXHDQGFRUUHFWFRS\RIDQDFWLRQWDNHQDQGHQWHUHGRQWKHPLQXWHVRIWKH%RDUGRI6XSHUYLVRUVRQWKHGDWH VKRZQ $77(67(')HEUXDU\ 'DYLG-7ZD&RXQW\$GPLQLVWUDWRUDQG&OHUNRIWKH%RDUGRI6XSHUYLVRUV February 7, 2017 Contra Costa County Board of Supervisors Minutes 277  %\'HSXW\ FF February 7, 2017 Contra Costa County Board of Supervisors Minutes 278 February 7, 2017Contra Costa County Board of Supervisors Minutes279 February 7, 2017Contra Costa County Board of Supervisors Minutes280 February 7, 2017Contra Costa County Board of Supervisors Minutes281 February 7, 2017Contra Costa County Board of Supervisors Minutes282 Project Delivery and Construction Agreement July 22, 2013 PROJECT DELIVERY AND CONSTRUCTION AGREEMENT [ENTER PROGRAM NAME] FINANCING PROGRAM by and among STATE PUBLIC WORKS BOARD OF THE STATE OF CALIFORNIA and [DEPARTMENT OF CORRECTIONS AND REHABILITATION OF THE STATE OF CALIFORNIA and] BOARD OF STATE AND COMMUNITY CORRECTIONS OF THE STATE OF CALIFORNIA and [ENTER COUNTY NAME] Effective Date of [MONTH] [DAY], 20[YEAR] (FOR A [ENTER TYPE OF FACILITY] FACILITY LOCATED IN THE COUNTY OF [ENTER COUNTY NAME]) February 7, 2017 Contra Costa County Board of Supervisors Minutes 283 TABLE OF CONTENTS Page -i- Project Delivery and Construction Agreement July 22, 2013 ARTICLE 1 GENERAL ................................................................................................................ 3 1.1 General Covenants, Acknowledgements and Agreements of the Parties .............. 3 1.2 Approvals, Consents and Actions Necessary to Maintain Eligibility in the [ENTER PROGRAM NAME] Financing Program ............................................... 3 1.3 [ENTER PROGRAM NAME] Lease Revenue Bond Financing .......................... 4 1.4 The [Department and the ]BSCC Act as Liaison of the Board and Finance to the Participating County .................................................................................... 5 1.5 Representations and Warranties of the Participating County ................................ 5 1.6 Representations and Warranties of the Board ........................................................ 6 1.7 Representations and Warranties of the [Department and the ]BSCC .................... 7 1.8 Compliance with Terms and Conditions of the Project Documents ...................... 8 1.9 Conflicts Between Terms of Documents ............................................................... 8 1.10 Indemnity ............................................................................................................... 8 1.11 Assignment or Subletting of the Facility ............................................................... 8 1.12 Relationship of the Parties ..................................................................................... 9 ARTICLE 2 TERM AND TERMINATION OF AGREEMENT ................................................. 9 2.1 Term of Agreement ................................................................................................ 9 2.2 Termination of Agreement ..................................................................................... 9 ARTICLE 3 COST SHARING OF THE PROJECT ................................................................... 11 3.1 Financing Eligibility of the Project ...................................................................... 11 3.2 Excess Project Costs ............................................................................................ 11 3.3 Project Cost Savings ............................................................................................ 12 ARTICLE 4 PROJECT SCOPE, COST AND SCHEDULE ...................................................... 12 4.1 The Project ........................................................................................................... 12 4.2 Modification of Project Scope, Cost or Schedule ................................................ 12 4.3 Excess Project Costs ............................................................................................ 13 ARTICLE 5 BIDDING AND CONSTRUCTION PHASE OF THE PROJECT ........................ 13 5.1 Construction Covenant of the Participating County ............................................ 13 5.2 Procurement and Enforcement of Construction Contract .................................... 13 5.3 Completion of the Project .................................................................................... 13 5.4 Project Access ...................................................................................................... 14 5.5 Insurance .............................................................................................................. 14 ARTICLE 6 CERTAIN OBLIGATIONS POST PROJECT COMPLETION ............................ 16 6.1 Private Use of the Project .................................................................................... 16 6.2 No Liens ............................................................................................................... 16 ARTICLE 7 RECORD RETENTION ......................................................................................... 16 7.1 Establishment of Official Project File.................................................................. 16 7.2 Preservation of Records ....................................................................................... 17 February 7, 2017 Contra Costa County Board of Supervisors Minutes 284 TABLE OF CONTENTS (continued) Page -ii- Project Delivery and Construction Agreement July 22, 2013 ARTICLE 8 MISCELLANEOUS ............................................................................................... 17 8.1 Entire Agreement ................................................................................................. 17 8.2 Amendment .......................................................................................................... 17 8.3 Waiver .................................................................................................................. 17 8.4 Counterparts ......................................................................................................... 17 8.5 Headings .............................................................................................................. 17 8.6 Further Assurances............................................................................................... 17 8.7 Survival ................................................................................................................ 18 8.8 Governing Law .................................................................................................... 18 8.9 Compliance with Laws ........................................................................................ 18 8.10 Partial Invalidity................................................................................................... 18 8.11 Notices ................................................................................................................. 18 8.12 Force Majeure ...................................................................................................... 19 8.13 Exculpation .......................................................................................................... 19 8.14 Benefits of this Agreement Limited to the Parties ............................................... 19 EXHIBIT A PROJECT SCOPE, COST AND SCHEDULE DESCRIPTION ...................... A-1 EXHIBIT B FORM OF GROUND LEASE........................................................................... B-1 EXHIBIT C FORM OF RIGHT OF ENTRY FOR CONSTRUCTION AND OPERATION ..................................................................................................... C-1 EXHIBIT D FORM OF FACILITY SUBLEASE .................................................................. D-1 EXHIBIT E-1 DESCRIPTION OF PARTICIPATING COUNTY FUNDING Cash Contribution ............................................................................................... E-1 EXHIBIT E-2 DESCRIPTION OF PARTICIPATING COUNTY FUNDING In-kind (Soft) Match ........................................................................................... E-2 February 7, 2017 Contra Costa County Board of Supervisors Minutes 285 1 Project Delivery and Construction Agreement July 22, 2013 PROJECT DELIVERY AND CONSTRUCTION AGREEMENT [ENTER PROGRAM NAME] FINANCING PROGRAM (FOR A [ENTER TYPE OF FACILITY] FACILITY LOCATED IN [ENTER COUNTY NAME] COUNTY) This PROJECT DELIVERY AND CONSTRUCTION AGREEMENT (this “Agreement”) is entered into as of [MONTH] [DAY], 20[YEAR], (the “Effective Date”) by and among the STATE PUBLIC WORKS BOARD OF THE STATE OF CALIFORNIA (the “Board”), an entity of state government of the State of California (the “State”), [the DEPARTMENT OF CORRECTIONS AND REHABILITATION OF THE STATE OF CALIFORNIA (the “Department”), an entity of state government of the State,] the BOARD OF STATE AND COMMUNITY CORRECTIONS OF THE STATE OF CALIFORNIA (the “BSCC”), an entity of state government of the State, and the COUNTY OF [ENTER COUNTY NAME] (the “Participating County”), a Political Subdivision of the State. For purposes of this Agreement, the Board, the Department, the BSCC and the Participating County are referred to collectively as the “Parties,” and individually as a “Party.” The Board[, the Department] and the BSCC are referred to collectively herein, as the “Agencies” and individually as an “Agency.” WHEREAS, pursuant to [ENTER STATUTE] (the “Law”), the Board is authorized to finance the acquisition, design and construction of a [ENTER TYPE OF FACILITY] facility approved by the BSCC pursuant to Section [ENTER SECTION] of the California Government Code (the “[ENTER PROGRAM NAME] Financing Program”); and WHEREAS, pursuant to California Code of Regulations Title 15, Division 1, Chapter 1, Subchapter [ENTER SUBCHAPTER] and this Agreement and other agreements relating to this Project, the cost of certain design and construction activities will be eligible for reimbursement under the [ENTER PROGRAM NAME] Financing Program; and WHEREAS, the Participating County has proposed to build or renovate a [ENTER TYPE OF FACILITY] facility, as more particularly described in Exhibit A attached hereto (the “Project”), to be located at [ENTER PHYSICAL ADDRESS], real property controlled by the Participating County through fee-simple ownership (the “Site”); and WHEREAS, the Participating County intends to lease the Site to the [ENTER “Department” OR “BSCC”] pursuant to a Ground Lease in substantially the form attached hereto as Exhibit B (the “Ground Lease”) executed by and between the Participating County and the [ENTER “Department” OR “BSCC”] and consented to by the Board; and WHEREAS, the [ENTER “Department” OR “BSCC”], as lessee under the Ground Lease, and the Participating County intend to enter a Right of Entry for Construction and Operation (the “Right of Entry”) in substantially the form attached hereto as Exhibit C concurrently with the execution of the Ground Lease authorizing the Participating County to enter the Site for the purpose of constructing the Project on the Site and for operation of the Project upon substantial completion of construction (the Site and the Project, collectively, the “Facility”), as more particularly described herein; and WHEREAS, concurrently with the execution of this Agreement, the BSCC and the February 7, 2017 Contra Costa County Board of Supervisors Minutes 286 2 Project Delivery and Construction Agreement July 22, 2013 Participating County, with the consent of the Board[ and the Department], intend to enter into an agreement to assist in complying with BSCC’s rules and regulations concerning jail construction for the [ENTER PROGRAM NAME] Financing Program (the “BSCC Agreement”); and WHEREAS, the Board intends to oversee and issue lease revenue bonds for the Project, subject to satisfaction of certain conditions and requirements of the Board, including but not limited to establishment of Project scope, cost and schedule; approval of preliminary plans; involvement in working drawings approval and authorization for the Participating County to request construction bids; requesting actions to be taken to obtain one or more interim loans in connection with the Project (the “Interim Loan”) and, subject to section 1.3 below, the Board intends to issue and sell its lease revenue bonds to repay the Interim Loan and provide additional financing for the Project, as necessary (the “Bonds”); and WHEREAS, prior to authorization by the Board of actions to be taken to provide for the Interim Loan, the [ENTER “Department” OR “BSCC”] shall have certified to the Board that the Participating County is a participating county as required by Section [ENTER SECTION] of the California Government Code and the BSCC shall have approved the Project in accordance with Section [ENTER SECTION] of the California Government Code; and WHEREAS, an Interim Loan for the Project may be made pursuant to Sections 16312 and 16313 of the California Government Code (Pooled Money Investment Board loans), Section 15849.1 of the California Government Code (General Fund loans), and/or any other appropriate source in an amount or amounts, which in the aggregate do not exceed the Maximum State Financing (as hereinafter defined); and WHEREAS, the agent for sale for all Board bonds is the State Treasurer; and WHEREAS, concurrently with the issuance of the Bonds, the [ENTER “Department” OR “BSCC”], as lessee under the Ground Lease, intends to enter into a Site Lease whereby the [ENTER “Department” OR “BSCC”], as lessor, shall lease the Site to the Board, as lessee (the “Site Lease”); and WHEREAS, concurrently with the execution of the Site Lease, the Board, as lessee under the Site Lease, intends to enter into a Facility Lease whereby the Board, as lessor, shall lease the Facility to the [ENTER “Department” OR “BSCC”], as lessee (the “Facility Lease”); rental payments under the Facility Lease shall secure the payment of principal of and interest on the Bonds; and WHEREAS, concurrently with the execution of the Facility Lease, the [ENTER “Department” OR “BSCC”], as lessee under the Facility Lease, and the Participating County intend to enter a Facility Sublease in substantially the form attached hereto as Exhibit D, whereby the [ENTER “Department” OR “BSCC”], as sublessor, shall lease the Facility to the Participating County, as sublessee (the “Facility Sublease”), for its use, operation and maintenance; and WHEREAS, in the event the Board is unable to issue the Bonds to finance the Project and the Interim Loan has been provided, the [ENTER “Department” OR “BSCC”] shall commit a sufficient amount of its annual support appropriation to repay the Interim Loan and any other February 7, 2017 Contra Costa County Board of Supervisors Minutes 287 3 Project Delivery and Construction Agreement July 22, 2013 interim financing costs associated with the Interim Loan. NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual agreements of the Parties set forth herein and other good and valuable consideration, the adequacy and sufficiency of which are hereby acknowledged by the Parties, and intending to be legally bound, the Parties hereby agree as follows: ARTICLE 1 GENERAL 1.1 General Covenants, Acknowledgements and Agreements of the Parties. (a) The Parties hereto acknowledge and agree that an authorization by the Board to request the Interim Loan and the issuance of the Bonds by the Board is done in reliance upon, among other things, the promise of the relevant Parties to execute, deliver and perform their respective obligations, as applicable, under the Site Lease, the Facility Lease, the Facility Sublease, a Tax Agreement and Certificate in a form satisfactory to the Board to be executed in connection with the issuance of the Bonds (the “Tax Certificate”), a Continuing Disclosure Agreement in a form satisfactory to the Board to be executed in connection with the issuance of the Bonds (the “Continuing Disclosure Agreement”) and all related certificates, agreements or other documents, including an indenture and supplemental indenture, if any, authorizing the Bonds that the Chair or Executive Director of the Board or a duly authorized designee thereof may deem necessary or desirable to effectuate the sale of the Bonds. Such indenture, supplemental indenture, if any, the Site Lease, the Facility Lease, the Facility Sublease, the Tax Certificate and the Continuing Disclosure Agreement, are collectively referred to herein as the “Bond Documents.” (b) The Parties accept and agree to comply with, to the extent respectively applicable to them, all terms, provisions, conditions, and commitments of this Agreement, the Project Documents (as hereinafter defined) and the Bond Documents, including all incorporated documents, and that they will do and perform all acts and things permitted by law to effectuate the issuance of the Bonds. (c) The Participating County[, the Department] and the BSCC agree and acknowledge that the Project is subject to approval and oversight by the Board and the State Department of Finance (“Finance”) consistent with the policies and laws governing the expenditure of a State capital outlay appropriation. 1.2 Approvals, Consents and Actions Necessary to Maintain Eligibility in the [ENTER PROGRAM NAME] Financing Program. The Participating County acknowledges its eligibility for Project financing pursuant to the [ENTER PROGRAM NAME] Financing Program is subject to and contingent upon the following approvals, consents and actions by the Board and Finance; (a) A determination by the Board that the Site meets the standard requirements for a site being leased in connection with the issuance by the Board of its lease revenue bonds; February 7, 2017 Contra Costa County Board of Supervisors Minutes 288 4 Project Delivery and Construction Agreement July 22, 2013 (b) A determination by the Board that the Participating County match as set forth in Article 3 has been satisfied as required by the Law and the source of the Cash (hard) Match (as hereinafter defined) and any associated security or terms related thereto has been determined by the Board to be compatible with the financing of the Project pursuant to the [ENTER PROGRAM NAME] Financing Program; (c) The Board has established the scope, cost and schedule for the Project consistent with the Participating County’s initial proposal submitted to the BSCC and the Participating County has agreed that the Project shall be constructed and completed in accordance with such Project scope, cost and schedule established by the Board, except to the extent any modifications thereof may be approved by the Board through the State’s standard capital outlay process; (d) The Board has approved the Ground Lease, the Right of Entry and the Facility Sublease; (e) Both the Board and Finance have approved the Preliminary Plans for the Project. As used herein “Preliminary Plans” shall mean a site plan, architectural floor plans, elevations, outline specifications, and a cost estimate, for each utility, site development, conversion, and remodeling project, the drawings shall be sufficiently descriptive to accurately convey the location, scope, cost, and the nature of the improvement being proposed; (f) Finance has approved the Working Drawings for the Project and authorized the Participating County to proceed with soliciting competitive bids for construction of the Project. As used herein “Working Drawings” shall mean a complete set of plans and specifications showing and describing all phases of a project, architectural, structural, mechanical, electrical, civil engineering, and landscaping systems to the degree necessary for the purposes of accurate bidding by contractors and for the use of artisans in constructing the project; (g) The [ENTER “Department” OR “BSCC”] has provided the Board the certification required by Section [ENTER SECTION] of the California Government Code, which certification the [ENTER “Department” OR “BSCC”] intends to provide upon satisfaction of the required statutory and regulatory conditions; (h) The Board has adopted a Resolution authorizing steps be taken to seek the Interim Loan together with declaring its intent to reimburse any such Interim Loan with the proceeds from the Bonds; (i) A determination by the Board that it will receive with respect to the Bonds the normal and customary opinions and certificates delivered in connection with an issuance of lease revenue bonds by the Board; and (j) The sale of the Bonds. 1.3 [ENTER PROGRAM NAME] Lease Revenue Bond Financing. State financing for the [ENTER PROGRAM NAME] Financing Program is predicated on the Board’s ability to issue Bonds for the Project. The Board, acting in good faith, intends to authorize the requ est for February 7, 2017 Contra Costa County Board of Supervisors Minutes 289 5 Project Delivery and Construction Agreement July 22, 2013 the Interim Loan and, subject to approvals, consents, and actions set forth in section 1.2, to issue Bonds for the Project. The Agencies will make reasonable and good faith efforts to assist in gaining assurance that the Site, the Project, the Participating County’s ultimate use of the Project and the Cash (hard) Match (as hereinafter defined) are developed and implemented in such a way to facilitate the financing of the Project through the issuance and sale of the Bonds. Prior to the Board’s authorization to request the Interim Loan, the [ENTER “Department” OR “BSCC”] shall have certified to the Board that the Participating County is a participating county as required by Section [ENTER SECTION] of the California Government Code and the BSCC shall have approved the design and construction of the Project in accordance with Section [ENTER SECTION] of the California Government Code. Notwithstanding the Board’s good faith efforts to authorize and provide financing for the Project, the State (including without limitation the Board[, the Department,] and the BSCC) shall not be obligated to issue Bonds for the Project or authorize the Interim Loan request upon the Board’s good-faith determination that such financing is not feasible or appropriate, based upon any one or more of the following factors: the lack of suitability of the Project’s configuration or site for lease revenue bond financing, local funding that is incompatible with the issuance of lease revenue bonds by the Board, adverse market conditions, adverse outcomes to legal challenges, inability to obtain access to the financial markets or inability to obtain reasonable rates, inability to receive opinions and certificates customarily delivered in connection with the issuance of lease revenue bonds, or another occurrence or state of affairs that would make it objectively infeasible or inappropriate for the Board to issue Bonds or authorize the Interim Loan request. In the event the Board determines that it is not feasible or appropriate to issue Bonds or to authorize the Interim Loan request, the Participating County is not entitled to receive the Maximum State Financing (as hereinafter defined) or other State funding for the Project, and shall not receive reimbursement from the State for any Project costs. However, in the event the Board is unable to issue the Bonds to finance the Project and the Interim Loan has been provided, the [ENTER “Department” OR “BSCC”] shall commit a sufficient amount of its annual support appropriation to repay the Interim Loan and any other interim financing costs associated with the Interim Loan and all associated costs. 1.4 The [Department and the ]BSCC Act as Liaison of the Board and Finance to the Participating County. The Parties hereto acknowledge that obtaining the approvals and consents of the Board and/or Finance and the provision of documents to the Board and/or Finance as set forth in this Article I and otherwise herein shall be a responsibility of [the Department and ]the BSCC. The [Department and the ]BSCC will act as liaisons between the Participating County and the Board and Finance, and on their own behalf and behalf of the Board and Finance, will work with the Participating County to obtain such consents and approvals, and to provide such documents to the Board and Finance, as applicable. 1.5 Representations and Warranties of the Participating County. (a) Under the provisions of the State Constitution, the applicable State statutes, and applicable jurisprudence of the State, the Participating County has the power to enter into this Agreement, to be bound hereby, to consummate the transactions contemplated February 7, 2017 Contra Costa County Board of Supervisors Minutes 290 6 Project Delivery and Construction Agreement July 22, 2013 hereby and to perform its obligations hereunder. (b) The Participating County has taken all actions and has obtained all consents necessary to enable the Participating County to enter into this Agreement, to be bound hereby, to consummate the transactions contemplated hereby and to perform its obligations hereunder. (c) The person executing and delivering this Agreement on behalf of the Participating County has been duly authorized and empowered to do so. (d) The execution and delivery of this Agreement on behalf of the Participating County will bind and obligate the Participating County to the extent provided by the terms hereof. (e) There exists no litigation or other proceeding pending or threatened against the Participating County that, if determined adversely, would materially and adversely affect the ability of the Participating County to consummate the transactions contemplated hereby or to perform its obligations hereunder. (f) The execution and delivery of this Agreement and the Ground Lease, the Right of Entry, the BSCC Agreement and the Facility Sublease, the consummation of the transactions herein and therein contemplated and the fulfillment of or compliance with the terms and conditions hereof and thereof, will not conflict with or constitute a violation or material breach of or default (with due notice or the passage of time or both) under any applicable law or administrative rule or regulation, or any applicable court or administrative decree or order, or any indenture, mortgage, deed of trust, loan agreement, lease, contract or other agreement or instrument to which the Participating County is a party or by which it or its properties are otherwise subject or bound, or result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of the Participating County, which conflict, violation, breach, default, lien, charge or encumbrance might have consequences that would materially and adversely affect the consummation of the transactions contemplated by this Agreement, the Ground Lease, the Right of Entry, the BSCC Agreement or the Facility Sublease, or the financial condition, assets, properties or operations of the Participating County. 1.6 Representations and Warranties of the Board. (a) Under the provisions of the State Constitution, the applicable State statutes, and applicable jurisprudence of the State, the Board has the power to enter into this Agreement, to be bound hereby, to consummate the transactions contemplated hereby and to perform its obligations hereunder. (b) The Board has taken all actions and has obtained all consents necessary to enable the Board to enter into this Agreement, to be bound hereby, to consummate the transactions contemplated hereby and to perform its obligations hereunder. (c) The person executing and delivering this Agreement on behalf of the Board has been duly authorized and empowered to do so. February 7, 2017 Contra Costa County Board of Supervisors Minutes 291 7 Project Delivery and Construction Agreement July 22, 2013 (d) The execution and delivery of this Agreement on behalf of the Board will bind and obligate the Board to the extent provided by the terms hereof. (e) There exists no litigation or other proceeding pending against the Board (with service of process having been accomplished) that, if determined adversely, would materially and adversely affect the ability of the Board to consummate the transactions contemplated hereby or to perform its obligations hereunder. 1.7 Representations and Warranties of the [Department and the ]BSCC. (a) Under the provisions of the State Constitution, the applicable State statutes, and applicable jurisprudence of the State, the [Department and the ]BSCC each have the power to enter into this Agreement, to be bound hereby, to consummate the transactions contemplated hereby and to perform its obligations hereunder. (b) The [Department and the ]BSCC have each taken all actions and have obtained all consents necessary to enable the [Department and the ]BSCC to enter into this Agreement, to be bound hereby, to consummate the transactions contemplated hereby and to perform its obligations hereunder. (c) The persons executing and delivering this Agreement on behalf of the [Department and the ]BSCC have been duly authorized and empowered to do so. (d) The execution and delivery of this Agreement on behalf of the [Department and the ]BSCC will bind and obligate the [Department and the ]BSCC to the extent provided by the terms hereof. (e) There exists no litigation or other proceeding pending against the [Department or the ]BSCC (with service of process having been accomplished) that, if determined adversely, would materially and adversely affect the ability of the [Department or the ]BSCC to consummate the transactions contemplated hereby or to perform its obligations hereunder. (f) The execution and delivery of this Agreement and the Ground Lease, the Right of Entry, the Site Lease, the Facility Lease, the BSCC Agreement and the Facility Sublease, the consummation of the transactions herein and therein contemplated and the fulfillment of or compliance with the terms and conditions hereof and thereof, will not conflict with or constitute a violation or breach of or default (with due notice or the passage of time or both) under any applicable law or administrative rule or regulation, or any applicable court or administrative decree or order, or any indenture, mortgage, deed of trust, loan agreement, lease, contract or other agreement or instrument to which the [Department or the ]BSCC is a party or by which it or its properties are otherwise subject or bound, or result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of the [Department or the ]BSCC, which conflict, violation, breach, default, lien, charge or encumbrance might have consequences that would materially and adversely affect the consummation of the transactions contemplated by this Agreement, the Ground Lease, the Right of Entry, the BSCC Agreement or the Facility Sublease, or the financial condition, assets, properties or operations of the [Department or the ]BSCC. February 7, 2017 Contra Costa County Board of Supervisors Minutes 292 8 Project Delivery and Construction Agreement July 22, 2013 1.8 Compliance with Terms and Conditions of the Project Documents. The Parties agree to comply with all terms and conditions relating to the respective Party of this Agreement, the BSCC Agreement, the Ground Lease, the Right of Entry and all exhibits and schedules attached hereto and thereto relating to the Party (collectively, the “Project Documents”), as well as all applicable laws including, without limitation, the Law and those laws, regulations and guidelines set forth in the BSCC Agreement. 1.9 Conflicts Between Terms of Documents. In the event of any inconsistency in the Project Documents, except as otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1) this Agreement; 2) the Ground Lease, 3) the BSCC Agreement and all exhibits and schedules attached thereto, and 4) the Right of Entry. In the event the Bonds are issued, any inconsistency between the Project Documents and the Bond Documents shall be resolved by giving precedence to the Bond Documents. To the extent the Parties mutually agree that a provision of a particular document should control with respect to an inconsistency between that document and another document or documents, notwithstanding the other provisions of this section, such provision shall control. 1.10 Indemnity. As required by Section [ENTER SECTION] of the California Government Code, the Participating County hereby agrees to indemnify, defend and save harmless the State, including but not limited to the Board[, the Department] and the BSCC, and each of their respective officers, governing members, directors, officials, employees, subcontractors, consultants, and agents (collectively, “Indemnitees”) for any and all claims and losses arising at any time out of the acquisition, design, construction, operation, maintenance, use and occupancy of the Project. The Participating County shall not be obligated to provide indemnity or defense where the claim arises out of the active negligence or willful misconduct of the Indemnitees. These obligations shall survive any termination of this agreement. 1.11 Assignment or Subletting of the Facility. (a) Assignment of Rights and Interest under this Agreement. Except as otherwise contemplated hereunder, the Participating County may not sublicense, assign, or otherwise confer upon any other person or entity its rights or interests under this Agreement, nor may the Participating County delegate any of its duties or responsibilities required by this Agreement, whether by operation of law or otherwise, without the express, prior written consent of the Agencies, the rights and obligations hereunder imposed being personal to the Participating County. (b) Assignment or Subletting of the Facility. The Participating County and the [ENTER “Department” OR “BSCC”] hereby covenant and agree that none of the Ground Lease, the Facility Lease or the Facility Sublease nor any interest of such Parties thereunder shall be sold, mortgaged, pledged, assigned, or transferred by the Parties thereto by voluntary act or by operation of law or otherwise; provided, however, that the Facility may be subleased in whole or in part by the Participating County with the prior written consent of the [ENTER “Department” OR “BSCC”] and the Board to the form and substance of such sublease, which consent shall not be unreasonably withheld, and, provided further that, any such sublease shall be subject to the following conditions: (i) Any sublease of the Facility by the Participating County shall February 7, 2017 Contra Costa County Board of Supervisors Minutes 293 9 Project Delivery and Construction Agreement July 22, 2013 explicitly provide that such sublease is subject to all rights of the [ENTER “Department” OR “BSCC”] and the Board under the Facility Sublease, including, the right to re-enter and re-let the Facility or terminate such lease upon a default by the Participating County; and (ii) At the request of the [ENTER “Department” OR “BSCC”] or the Board, the Participating County shall furnish the [ENTER “Department” OR “BSCC”], the Board and the State Treasurer with an opinion of nationally-recognized bond counsel acceptable to the Board to the effect that such sublease will not, in and of itself, cause the interest on the Bonds to be included in gross income for federal income tax purposes. (c) Restrictions on Private Use of the Facility. The Participating County acknowledges that its ability to assign or sublet the Facility is subject to the provisions of section 6.1.2 hereof. 1.12 Relationship of the Parties. The Parties hereto acknowledge and agree that, to the extent expressly provided in this Agreement, the relationship of the Participating County to the Agencies is that of an agent to the Agencies and that the Participating County is principally responsible for the acquisition, design, construction, maintenance, and operation of the Project. Other than as set forth herein, nothing in this Agreement shall create between the Participating County and any of the Agencies the relationship of joint venturers, partners or any other similar or representative relationship, and the Participating County shall not hold itself out as an agent (except as expressly provided herein), representative, partner, member or joint venturer of the Agencies. The Participating County shall not make for or on behalf of the Agencies, or subject the Agencies to, any contract, agreement, warranty, guaranty, representation, assurance or other obligation, which has not been approved in advance in writing by the applicable Agency. This Agreement is for the sole and exclusive benefit of the Parties hereto and their respective successors and assigns, and no third party (including without limitation the owners of the Bonds) is intended to or shall have any rights hereunder. ARTICLE 2 TERM AND TERMINATION OF AGREEMENT 2.1 Term of Agreement. This Agreement shall commence on the Effective Date and shall terminate upon the later of (i) completion of the construction of the Project or (ii) if the Board issues the Bonds, execution and delivery of the Facility Sublease, unless terminated earlier as provided in section 2.2. The provisions of certain sections hereof as indicated by the express terms thereof will survive termination of this Agreement. 2.2 Termination of Agreement. (a) Termination by the State. The [Department or the ]BSCC, with the consent of the Board, or the Board may terminate this Agreement in the event any of the following occurs: (i) The Participating County’s breach of a material term of this Agreement, any Project Document or any Applicable Laws (as defined in the BSCC Agreement) provided the Participating County has not cured such breach in all respects within thirty (30) February 7, 2017 Contra Costa County Board of Supervisors Minutes 294 10 Project Delivery and Construction Agreement July 22, 2013 days from notice of said breach, which cure period may be extended for a reasonable time with the consent of the Agencies if the Participating County demonstrates that such additional time is required to cure such breach in a diligent and commercially reasonable manner; (ii) Substantive alteration of the Board approved scope, cost or schedule for the Project as set forth in Exhibit A without the prior written approval of the Board; (iii) Failure to execute the Ground Lease or the Right of Entry; (iv) Failure to provide the Participating County Funding (as hereinafter defined) when and as required under this Agreement, the Law or any Project agreement to which the Participating County is a party; (v) In the event the Board determines the Participating County is no longer eligible for Project financing under the [ENTER PROGRAM NAME] Financing Program as set forth in section 1.2 hereof; or (vi) Termination of the BSCC Agreement as provided for in Article 1, Section C of the BSCC Agreement. (b) Termination by the Participating County. The Participating County may, prior to the State providing any amount of financing, terminate this Agreement in the event any of the following occurs: (i) The State’s breach of a material term of this Agreement, any Project Document or any Applicable Laws (as defined in the BSCC Agreement) provided the State has not cured such breach in all respects within thirty (30) days from notice of said breach, which cure period may be extended for a reasonable time with the consent of the Participating County if the State demonstrates that such additional time is required to cure such breach in a diligent and commercially reasonable manner; (ii) Failure of the State to execute the Ground Lease or the Right of Entry; (iii) In the event the Board determines the Participating County is no longer eligible for Project financing under the [ENTER PROGRAM NAME] Financing Program as set forth in section 1.2 hereof. (c) Agreement. The Parties may terminate this Agreement by mutual agreement. The Agencies agree to terminate this agreement in the event that the Participating County determines it cannot proceed with the Project after initial construction bids are received, but before any construction contract is awarded. (d) Notice of Termination. Prior to terminating this Agreement under the provisions of this Article 2, the Parties shall provide to each other, as applicable, at least thirty (30) calendar days written notice, stating the reason(s) for termination and effective date thereof. (e) No Impairment. Nothing in this Article 2 in any way alters or limits the February 7, 2017 Contra Costa County Board of Supervisors Minutes 295 11 Project Delivery and Construction Agreement July 22, 2013 authority of the Agencies to withhold all or a portion of the Maximum State Financing (as hereinafter defined) in accordance with law or otherwise as permitted hereunder or any other right or remedy available to the State at law or in equity for breach of this Agreement. ARTICLE 3 COST SHARING OF THE PROJECT 3.1 Financing Eligibility of the Project. (a) General. Subject to the terms and provisions hereof, the costs for design and construction of the Project shall be shared by the State and the Participating County with the State providing financing up to a maximum of ________________ dollars ($___________) (“Maximum State Financing”) and the Participating County providing the Cash (hard) Match (as hereinafter defined) funding and the In-Kind (soft) Match (as hereinafter defined) funding (collectively, the “Participating County Funding” and together with other Participating County- borne project costs not included as the Participating County Funding and the Maximum State Financing, the “Total Project Costs”). Provided, however, that the Board may provide all or a portion of the Maximum State Financing for Project costs at its discretion as set forth herein. The sources for the Maximum State Financing shall be limited to the proceeds of the Interim Loan, and the proceeds of the Bonds. If Bonds are issued and sold, the proceeds will be used to repay the Interim Loan and to provide additional financing for the Project as appropriate. If the Bonds are issued and sold, in no event or circumstance shall the State or the Agencies be obligated to pay the Participating County under this Agreement or any other Project Document any amount in excess of the Maximum State Financing. (b) Cash (hard) Match. Subject to all terms and provisions of this Agreement, the Participating County agrees to appropriate and spend cash (hard) matching funds for the Project as provided in the BSCC Agreement (“Cash (hard) Match”). Exhibit E-1 is a detailed description of and certification related to the source or sources of the Cash (hard) Match and any associated security or terms related thereto as approved by the Agencies, which detail and assurance of has been deemed sufficient by the Board to determine that the use of such funds as the Cash (hard) Match is compatible with the financing of the Project pursuant to the [ENTER PROGRAM NAME] Financing Program. Any modifications to the source or sources of the Cash (hard) Match or the associated security and terms related thereto as described in Exhibit E-1 must be approved by the Agencies. The Participating County shall ensure that all Cash (hard) Match is encumbered prior to Finance approval of proceeding to bid the Construction Contract (as hereinafter defined). (c) In-Kind (soft) Match. Subject to all terms and provisions of this Agreement, the Participating County agrees to provide in-kind (soft) match for the Project as provided in the BSCC Agreement (“In-kind (soft) Match”). The Participating County has provided in Exhibit E-2 a detailed description of the In-kind (soft) Match for the Project as approved by the Agencies. Any modifications to the In-kind (soft) Match as described in Exhibit E-2 must be approved by the Agencies. 3.2 Excess Project Costs. In no event shall any Project scope, cost, budget or schedule changes be authorized by the Participating County which would cause the amount of February 7, 2017 Contra Costa County Board of Supervisors Minutes 296 12 Project Delivery and Construction Agreement July 22, 2013 Total Project Costs to be exceeded unless the Participating County covenants to fund such excess with lawfully available funds and the Participating County first obtains the consent of the Agencies. The Participating County is solely responsible for any and all cost, expenses or fees of the Project which exceed the Maximum State Financing and the Participating County covenants to use its best efforts to promptly appropriate sufficient amounts to cover such cost, expenses or fees. The Participating County waives any and all claims against any of the Agencies or the State in the event that Total Project Costs exceed the amount initially established by the Board. 3.3 Project Cost Savings. To the extent there exists Project cost savings during the Project the amount of such savings shall be applied first to the Participating County to the extent the Participating County has identified Participating County Funding in an amount more than required by the Applicable Laws (as defined in the BSCC Agreement). Thereafter, cost savings shall be shared by the State and the Participating County on a pro rata basis determined by the percentage of the total amount of Project costs financed by the State and the Participating County Funding, respectively. However, in no case may savings be applied to the Participating County that would (1) result in the State providing financing for activities other than eligible design and construction costs; or (2) result in the Participating County contributing less than the percentage of Total Project Costs required by the Applicable Laws. ARTICLE 4 PROJECT SCOPE, COST AND SCHEDULE 4.1 The Project. See Exhibit A for a description of the scope, cost and schedule of the Project, including a narrative description of the Project, budgeted costs related to the Project and a schedule for completion of design and construction of the Project. 4.2 Modification of Project Scope, Cost or Schedule. No substantial change or other substantial modifications to the Project scope, cost or schedule may be made by the Participating County without prior written permission of Finance and recognition by the Board (“Scope Change”). Minor modifications to the project do not require Finance approval and Board recognition, but must be documented and reported on routine progress reports to the BSCC as set forth in the BSCC Agreement. Without limiting the foregoing, the Participating County shall notify the [Department and the ]BSCC, and the [ENTER “Department” OR “BSCC”] shall in turn notify Finance and the Board upon any of the following events or circumstances that may constitute a Scope Change: (a) More than minor changes which affect the design, project configuration, cost or schedule of the Project; (b) A delay or change in the substantial completion or final completion dates for the Project; (c) A more than minor change to the design, location, size, capacity or quality of major items of equipment; (d) A change in approved budget categories, or movement of dollars between budget categories as indicated in the Board approved scope cost and schedule as identified in February 7, 2017 Contra Costa County Board of Supervisors Minutes 297 13 Project Delivery and Construction Agreement July 22, 2013 Exhibit A. As used herein “substantial” is as defined in Section 6863 of the State Administrative Manual. As used herein a minor change is any change which does not rise to the level of a substantial change as defined in Section 6863 of the State Administrative Manual. Finance shall determine whether any reported event or circumstance requires its approval and recognition or other formal action by the Board. The Participating County agrees that it will give prompt notification in writing to the [Department and the ]BSCC of the occurrence of any of the above events and promptly report, in writing, to the [Department and the ]BSCC any modifications to the Construction Contract (as hereinafter defined) with respect to the Project. The [ENTER “Department” OR “BSCC”] will provide the aforementioned notices and reports to the Board. The Participating County agrees further that, for purposes of the immediately preceding clause (a) and (c), if unsure whether a particular change is minor it will discuss the appropriate characterization with the [Department and the ]BSCC. 4.3 Excess Project Costs. In no event shall any scope, cost or budget changes be authorized which would cause the amount of Total Project Costs to be exceeded unless the Participating County covenants to fund such excess with lawfully available funds and with the consent of the Agencies and so appropriates such funding. ARTICLE 5 BIDDING AND CONSTRUCTION PHASE OF THE PROJECT 5.1 Construction Covenant of the Participating County. The Participating County acting as agent of the Board and the [ENTER “Department” OR “BSCC”], hereby covenants and agrees to provide and perform or cause to be performed all activities required to acquire, design and construct the Project on behalf of the Board in accordance with the Participating County’s established policies and procedures for the design and construction of major capital projects such as the Project. The Participating County shall be responsible to contract for all pre-design, design and construction services, and shall manage the day-to-day design and construction of the Project. The Participating County shall cause the design and construction of the Project to be consistent with the requirements, limitations, and other terms of this Agreement, the other Project Documents, the Law and all Applicable Laws. The Participating County shall also manage all aspects of the development and construction of the Project in accordance with the Project Documents. 5.2 Procurement and Enforcement of Construction Contract. The Participating County shall follow and adhere to all pertinent bidding rules and policies applicable to Participating County capital projects of this type and size. If there is an ambiguity as to the applicability of certain contracting rules and/or policies to the Project, the Participating County will seek advice from its counsel, follow that advice and use its best efforts to enforce the general construction contract (the “Construction Contract”) between the Participating County and the contractor selected by the Participating County. 5.3 Completion of the Project. The Participating County acknowledges it is obligated February 7, 2017 Contra Costa County Board of Supervisors Minutes 298 14 Project Delivery and Construction Agreement July 22, 2013 to undertake and complete the design and construction of the Project in compliance with all of the applicable terms and conditions of the Project Documents and the Participating County agrees to use its best efforts to cause the completion of design and construction of the Project in compliance with the applicable terms and conditions of such documents. The Participating County agrees to complete the Project in accordance with this Agreement and consistent with the scope, cost and schedule established by the Board and attached hereto in Exhibit A, as such scope, cost and schedule may be modified with the approval of Finance and the recognition of the Board. 5.4 Project Access. To the extent not inconsistent with the Bond Documents, at all times during design and construction of the Project and after final completion, the Participating County shall provide to employees, subcontractors, and consultants of the Agencies reasonable unrestricted access to observe, monitor and inspect the Project. The Agencies’ access to observe, monitor and inspect shall include the right to review all documents and files relating to the Project, as well as construction on the Site, including all tests and inspections relating to design or construction of the Project. 5.5 Insurance. (a) Insurance Obligations of the Participating County. (i) Requirements during construction. Not later than the start of construction, and continuing through completion of construction of the Project, the Participating County, at its own cost and expense, shall secure and maintain or cause to be secured and maintained (i) fire, lightning and extended coverage insurance on the Project, which initially may be in the form of a builder’s risk policy providing coverage in an amount not less than the construction costs expended for the Project and, if no builder’s risk insurance is in effect, shall be in the form of a commercial property policy in an amount equal to one hundred percent (100%) of the then current replacement cost of the Project, excluding the replacement cost of the unimproved real property constituting the Site (except that such insurance may be subject to a deductible clause not to exceed [five hundred thousand dollars ($500,000) or two million five hundred thousand dollars ($2,500,000)] for any one loss), and (ii) earthquake insurance (if such insurance is available on the open market from reputable insurance companies at a reasonable cost) on any structure comprising part of the Project in an amount equal to the full insurable value of such structure or the amount of the attributable portion of the Interim Financing, whichever is less (except that such insurance may be subject to a deductible clause not to exceed [five hundred thousand dollars ($500,000) or two million five hundred thousand dollars ($2,500,000)] for any one loss). The extended coverage endorsement shall, as nearly as practicable, cover loss or damage by explosion, windstorm, riot, aircraft, vehicle damage, smoke, vandalism and malicious mischief and such other hazards as are normally covered by such endorsement. If such policy is expected to expire in accordance with its terms prior to execution of the Facility Sublease, the Participating County shall give written notice to the Agencies forty-five (45) days prior to the expected expiration date. (ii) Requirements after construction completion. The Participating County, at its own cost and expense, shall secure and maintain or cause to be secured and maintained from an insurance company or companies approved to do business in the State and maintain after February 7, 2017 Contra Costa County Board of Supervisors Minutes 299 15 Project Delivery and Construction Agreement July 22, 2013 completion of construction and/or when placing the Project in operation, the following insurance coverage for the Project: a. General liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence. Evidence of such insurance shall be on a General Liability Special Endorsement form and should provide coverage for premises and operations, contractual, personal injury and fire legal liability; b. By signing this Agreement, the Participating County hereby certifies that it is aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and that it will comply, and it will cause its subtenants and assignees to comply, with such provisions at all such times as they may apply during the term of this Agreement. c. Auto insurance (written on ISO policy form CA 00 01 or its equivalent) with a limit of not less than one million dollars ($1,000,000) per occurrence. Such insurance shall include coverage for all “owned,” “hired” and “non-owned” vehicles or coverage for any auto. (iii) Additional Insureds. The Participating County agrees that the Board[, the Department,] and the BSCC and their respective officers, agents and employees shall be included as additional insured in all insurance required herein. (iv) Insurance Certificate. Any and all insurance policies related to the Project shall name the Board and the [ENTER “Department” OR “BSCC”] as additional insured parties and the Participating County shall deliver to the Agencies a certificate or certificates of insurance authorized by the insurers describing the insurance coverage and stating that it is in full force and effect. (v) Self-Insurance. Notwithstanding any other provision of this Section, the Participating County may satisfy the insurance obligations hereunder by a combination of commercial insurance, formal risk pooling under the statutory provisions of the State, and/or a self-funded loss reserve in whatever proportions are deemed appropriate by the Participating County. The Participating County shall furnish the Agencies with a certificate or other written evidence of the Participating County’s election to provide or cause to be provided all or part of its coverage under a risk pooling, risk retention, or self-insurance program or any combination thereof. (b) Insurance Obligations of the [ENTER “Department” OR “BSCC”]. If the insurance required in (a)(i) expires in accordance with its terms prior to execution of the Facility Sublease, the [ENTER “Department” OR “BSCC”] shall, at its own cost and expense, procure and maintain or cause to be procured and maintained (i) property casualty insurance in an amount equal to one hundred percent (100%) of the then current replacement cost of the Project, excluding the replacement cost of the unimproved real property constituting the Site (except that such insurance may be subject to a deductible clause not to exceed [five hundred thousand dollars ($500,000) or two million five hundred thousand dollars ($2,500,000)] for any one loss), and (ii) earthquake insurance (if such insurance is available on the open market from reputable February 7, 2017 Contra Costa County Board of Supervisors Minutes 300 16 Project Delivery and Construction Agreement July 22, 2013 insurance companies at a reasonable cost) on any structure comprising part of the Project in an amount equal to the full insurable value of such structure or the amount of the attributable portion of the Interim Financing, whichever is less(except that such insurance may be subject to a deductible clause not to exceed [five hundred thousand dollars ($500,000) or two million five hundred thousand dollars ($2,500,000)] for any one loss). The extended coverage endorsement shall, as nearly as practicable, cover loss or damage by explosion, windstorm, riot, aircraft, vehicle damage, smoke, vandalism and malicious mischief and such other hazards as are normally covered by such endorsement. The property casualty insurance shall be in a form satisfactory and with carriers which are acceptable to the Board. (c) Disposition of Insurance Proceeds. The Participating County agrees and acknowledges that the Board, in its sole discretion, may elect to use the proceeds of insurance procured pursuant to this Agreement to repay the Interim Loan and related costs. However, in the event of (i) damage or destruction of the Project caused by the perils covered by the insurance procured pursuant to this Agreement and (ii) if the Board elects to repay the Interim Loan and related costs, and (iii) if any insurance proceeds remain after the Interim Loan and related costs have been repaid, and (iv) such remaining insurance proceeds are distributed to the [ENTER “Department” OR “BSCC”], then the [ENTER “Department” OR “BSCC”] agrees to distribute such remaining proceeds to the Participating County. ARTICLE 6 CERTAIN OBLIGATIONS POST PROJECT COMPLETION 6.1 Private Use of the Project. 6.1.1 Provision of Information Regarding Private Use. The Participating County acknowledges that under the terms of the Facility Sublease, a form of which is attached hereto as Exhibit D, the Participating County will covenant to provide updated information to the Board, the [ENTER “Department” OR “BSCC”] and the State Treasurer annually regarding private use, if any, of the Project. 6.1.2 Restriction on Private Use of Bond Financed Project. The Participating County acknowledges that under the terms of the Facility Sublease, a form of which is attached hereto as Exhibit D, the Participating County will covenant to restrict private use of the Project as required by the terms thereof. 6.2 No Liens. The Participating County acknowledges that except as permitted under the terms of the Facility Sublease, a form of which is attached hereto as Exhibit D, the Participating County will covenant not to allow any liens on the Facility. ARTICLE 7 RECORD RETENTION 7.1 Establishment of Official Project File. The Participating County shall establish an official file for the Project (the “Official Project File”). The file shall contain adequate documentation of all actions that have been taken with respect to the Project, in accordance with February 7, 2017 Contra Costa County Board of Supervisors Minutes 301 17 Project Delivery and Construction Agreement July 22, 2013 generally accepted government accounting principles and the requirements for record retention for capital projects constructed with the proceeds of tax exempt bonds. The Participating County will provide a copy of such file to the [ENTER “Department” OR “BSCC”] upon termination of this Agreement. The documents to be retained shall include, but is not limited to contracts, payment of invoices, transfer of funds and other related accounting records. 7.2 Preservation of Records. The Participating County agrees to protect records adequately from fire or other damage. When records are stored away from the Participating County’s principal office, a written index of the location of records stored must be on hand and ready access must be assured. All the Participating County records contained in the Official Project File must be preserved for a minimum of three years after the last date on which no Bonds are outstanding. These records shall be subject at all reasonable times to inspection, examination, monitoring, copying, excerpting, transcribing, and audit by the Agencies or designees, by state government auditors or designees, or by federal government auditors or designees. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the relevant time period set forth in the third sentence of this paragraph, the related records must be retained until the completion of the action and resolution of all issues which arise from it if such date is later than the end of the afore-mentioned three- year period. ARTICLE 8 MISCELLANEOUS 8.1 Entire Agreement. This Agreement constitutes and contains the entire agreement between the Parties hereto with respect to the transactions contemplated hereby and supersedes any prior oral or written understanding or agreement of the Parties with respect to the transactions contemplated hereby. 8.2 Amendment. The Parties may, by mutual agreement in writing, amend this Agreement in any respect. 8.3 Waiver. The Parties hereto may, from time to time, waive any of their rights under this Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the Party making such waiver. 8.4 Counterparts. This Agreement may be executed in one or more counterparts, any one of which need not contain the signatures of more than one Party, but all of which when taken together shall constitute one and the same instrument, notwithstanding that all Parties have not signed the same counterpart hereof. 8.5 Headings. The article and section headings contained in this Agreement are inserted as a matter of convenience and shall not affect in any way the construction or terms of this Agreement. 8.6 Further Assurances. Each of the Parties shall execute such other instruments, documents and other papers and shall take such further actions as may be reasonably required or desirable to carry out the provisions hereof and to consummate the transactions contemplated February 7, 2017 Contra Costa County Board of Supervisors Minutes 302 18 Project Delivery and Construction Agreement July 22, 2013 hereby. 8.7 Survival. The representations, warranties, covenants and agreements made herein or in any certificate or document executed in connection herewith shall survive the execution and delivery hereof or thereof, as the case may be, and all statements contained in any certificate or document delivered by any Party hereto shall be deemed to constitute a representation and warranty made herein by such Party. 8.8 Governing Law. The laws of the State shall govern this Agreement, the interpretation thereof and any right or liability arising hereunder. Any action or proceeding to enforce or interpret any provision of this Agreement shall be brought, commenced or prosecuted in the courts of the State located in the County of Sacramento. All parties expressly assert that Sacramento County is not a forum inconvenience. 8.9 Compliance with Laws. At all times during the performance of this Agreement by the Parties, they shall strictly comply with all applicable governmental, administrative and judicial laws, ordinances, rules, regulations, orders, covenants and findings, including, without limitation, all applicable environmental laws and regulations. 8.10 Partial Invalidity. If any provisions of this Agreement are found by any competent authority to be void or unenforceable, such provision shall be deemed to be deleted from this Agreement and the remaining provisions of this Agreement shall continue in full force and effect. 8.11 Notices. All notices and other official communications between the Parties shall be in writing and shall be given by hand delivery or by recognized overnight courier who maintains verification of delivery (deemed to be duly received on the date delivered), or by registered mail, postage prepaid, return receipt requested (deemed to be duly received five (5) days after such mailing) or by telecopy (deemed to be received on the date sent providing that the facsimile was properly addressed and disclosed the number of pages transmitted on its front sheet and that the transmission report produced indicates that each of the pages of the facsimile was received at the correct facsimile number) to each of the respective Parties as follows: If to the Board: State Public Works Board 915 L. St., 9th Floor Sacramento, CA 95814 Attention: Executive Director Facsimile: 916-449-5739 [If to the Department: California Department of Corrections and Rehabilitation 9838 Old Placerville Road, Suite B Sacramento, CA 95827 Attention: Deputy Director, Facility Planning, Construction and Management Facsimile: 916-322-5717] February 7, 2017 Contra Costa County Board of Supervisors Minutes 303 19 Project Delivery and Construction Agreement July 22, 2013 If to the BSCC: Board of State and Community Corrections 600 Bercut Dr. Sacramento, CA 95811 Attention: Executive Director Facsimile: 916-327-3317 If to the Participating County: County of [ENTER COUNTY NAME] [ENTER STREET ADDRESS] [ENTER CITY, STATE AND ZIP CODE] Attention: [ENTER POSITION TITLE] Facsimile: [ENTER FAX NUMBER] or to such other address or number for any of the Parties hereto as may from time to time be designated by notice given by such Party to the other Parties in the manner hereinabove provided. 8.12 Force Majeure. None of the Parties shall be liable or responsible for any delay or failure resulting from (and the times for performance by the Parties hereunder shall be extended by the duration of) causes beyond the control of, and without the fault or negligence of, such Party, including without limitation acts of God, acts of the public enemy, acts of war or terrorism, acts of the government or governmental or quasi-governmental agency or instrumentality, significant market disruptions, fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, civil commotion, casualties, embargoes, severe or inclement weather beyond that usually encountered in [ENTER COUNTY NAME] County, California, shortages in labor or materials, or similar cause. 8.13 Exculpation. Notwithstanding anything to the contrary contained in this Agreement, in any Bond Document, Project Document or other certificate, agreement, document or instrument executed in connection with the [ENTER PROGRAM NAME] Financing Program, the liability of the Board hereunder shall be limited to and satisfied solely out of proceeds of the Interim Loan, if any, or the Bonds, if any, permitted to be used for such purpose. Except as provided above, the Participating County shall not have the right to obtain payment from the Agencies or from any other assets of the Agencies. The Participating County shall not enforce the liability and obligation of the Agencies to perform and observe the obligations contained in this Agreement, or any other documents delivered in connection herewith in any action or proceeding wherein a money judgment in excess of the available proceeds of the foregoing sources shall be sought against the Agencies. 8.14 Benefits of this Agreement Limited to the Parties. Except for the Parties to this Agreement, nothing contained in this Agreement, expressed or implied, is intended to give to any person (including without limitation the owners of the Bonds) any right, remedy or claim under or by reason hereof. Any agreement or covenant required herein to be performed by or on behalf of any Party shall be for the sole and exclusive benefit of the other Parties to this Agreement. [SIGNATURE PAGE TO IMMEDIATELY FOLLOW] February 7, 2017 Contra Costa County Board of Supervisors Minutes 304 20 Project Delivery and Construction Agreement July 22, 2013 IN WITNESS WHEREOF, each of the Parties hereto has executed this Agreement, either individually or by an authorized representative, on the day and year first set forth above. STATE PUBLIC WORKS BOARD OF THE STATE OF CALIFORNIA By: __________________________________ [Name] [Executive Director or Deputy Director] [DEPARTMENT OF CORRECTIONS AND REHABILITATION OF THE STATE OF CALIFORNIA By: __________________________________ [Name] [Title] BOARD OF STATE AND COMMUNITY CORRECTIONS OF THE STATE OF CALIFORNIA By: __________________________________ [Name] [Title] COUNTY OF [COUNTY NAME] By: __________________________________ [Name] [Title] February 7, 2017 Contra Costa County Board of Supervisors Minutes 305 A-1 Project Delivery and Construction Agreement July 22, 2013 EXHIBIT A PROJECT SCOPE, COST AND SCHEDULE DESCRIPTION{TC \L 0 "0000000000001"} [Include narrative description of Project per Section 4.1] February 7, 2017 Contra Costa County Board of Supervisors Minutes 306 B-1 Project Delivery and Construction Agreement July 22, 2013 EXHIBIT B FORM OF GROUND LEASE{TC \L 0 "0000000000001"} February 7, 2017 Contra Costa County Board of Supervisors Minutes 307 C-1 Project Delivery and Construction Agreement July 22, 2013 EXHIBIT C FORM OF RIGHT OF ENTRY FOR CONSTRUCTION AND OPERATION{TC \L 0 "0000000000001"} February 7, 2017 Contra Costa County Board of Supervisors Minutes 308 D-1 Project Delivery and Construction Agreement July 22, 2013 EXHIBIT D FORM OF FACILITY SUBLEASE{TC \L 0 "0000000000001"} February 7, 2017 Contra Costa County Board of Supervisors Minutes 309 E-1-1 Project Delivery and Construction Agreement July 22, 2013 EXHIBIT E-1 DESCRIPTION OF PARTICIPATING COUNTY FUNDING {TC \L 0 "0000000000001"} Cash Contribution CERTIFICATE OF THE COUNTY OF [ENTER COUNTY NAME] REGARDING ITS CASH (HARD) MATCH FOR THE [ENTER COUNTY NAME] COUNTY JAIL PROJECT All capitalized terms not otherwise defined herein shall have the meaning given them in the Project Delivery and Construction Agreement. WHEREAS, pursuant to [ENTER STATUTE] (the “Law”), the State Public Works Board (the “Board”) is authorized to finance the acquisition, design and construction of a [ENTER TYPE OF FACILITY] facility approved by the Board of State and Community Corrections (the “BSCC”) pursuant to Section [ENTER SECTION] of the California Government Code (the “[ENTER PROGRAM NAME] Financing Program”); and WHEREAS, pursuant to California Code of Regulations Title 15, Division 1, Chapter 1, Subchapter [ENTER SUBCHAPTER], only the cost of certain design and construction activities are potentially eligible for reimbursement under the [ENTER PROGRAM NAME] Financing Program – acquisition, pre-design and other specified design and construction costs are not eligible; and WHEREAS, the County of [ENTER COUNTY NAME] (the “Participating County”) has proposed to build a [ENTER TYPE OF FACILITY] facility, the [ENTER PROJECT NAME] project, (the “Project”), to be located at [ENTER PHYSICAL ADDRESS], real property controlled by the Participating County through fee-simple ownership (the “Site”); and WHEREAS, pursuant to the Law, the Participating County is paying a portion of the costs of the Project (the “Cash (hard) Match”) as described in Exhibit 1; and WHEREAS, the Board intends to assist in the oversight and financing of the Project, subject to satisfaction of certain conditions and requirements of the Board, and the Board may in its sole, reasonable discretion, issue lease revenue bonds for the Project (the “Bonds”); and WHEREAS, the interests of both the Board and the Participating County require confirmation of certain facts and certain assurances concerning the Cash (hard) Match. NOW, THEREFORE, the Participating County, acting through its duly authorized representative, does hereby represent, warrant and covenant as follows: (A) Lawfully Available Funds. The Cash (hard) Match, as described in Exhibit 1, has been derived exclusively from lawfully available funds of the Participating County. February 7, 2017 Contra Costa County Board of Supervisors Minutes 310 E-1-2 Project Delivery and Construction Agreement July 22, 2013 (B) Cash (hard) Match Is Legal and Authorized. The payment of the Cash (hard) Match for the Project (i) is within the power, legal right, and authority of the Participating County; (ii) is legal and will not conflict with or constitute on the part of the Participating County a material violation of, a material breach of, a material default under, or result in the creation or imposition of any lien, charge, restriction, or encumbrance upon any property of the Participating County under the provisions of any charter instrument, bylaw, indenture, mortgage, deed of trust, pledge, note, lease, loan, installment sale agreement, contract, or other material agreement or instrument to which the Participating County is a party or by which the Participating County or its properties or funds are otherwise subject or bound, decree, or demand of any court or governmental agency or body having jurisdiction over the Participating County or any of its activities, properties or funds; and (iii) have been duly authorized by all necessary and appropriate action on the part of the governing body of the Participating County. The authorized representative of the Participating County executing this Certificate is fully authorized and empowered to take such actions for and on behalf of the Participating County. (C) Governmental Consents. The execution, delivery, and performance by the Participating County of this certificate and the use of the Cash (hard) Match for certain costs of the Project do not require the consent, approval, permission, order, license, or authorization of, or the filing, registration, or qualification with, any governmental authority other than the Participating County in connection with the execution, delivery, and performance of this Certificate, the consummation of any transaction herein contemplated, or the offer, issue, sale, or delivery of the Bonds, except as shall have been obtained or made and as are now in full force and effect. (D) No Prior Pledge. The Cash (hard) Match and the Project are not and will not be mortgaged, pledged, or hypothecated by the Participating County in any manner or for any purpose and have not been and will not be the subject of a grant of a security interest by the Participating County. In addition, the Cash (hard) Match and the Project are not and will not be mortgaged, pledged, or hypothecated for the benefit of the Participating County or its creditors in any manner or for any purpose and have not been and will not be the subject of a grant of a security interest in favor of the Participating County or its creditors. The Participating County shall not in any manner impair, impede or challenge the security, rights and benefits of the owners of the Bonds or the trustee for the Bonds. IN WITNESS WHEREOF, the undersigned duly authorized representative of the Participating County has executed and delivered this Certificate to the Board on the date set forth below. Date: [ENTER DATE FROM PDCA COVER PAGE] COUNTY OF [ENTER COUNTY NAME] By: [NAME] [TITLE] February 7, 2017 Contra Costa County Board of Supervisors Minutes 311 E-1-3 Project Delivery and Construction Agreement July 22, 2013 Exhibit 1-Description of Cash (hard) Match [ENTER COUNTY NAME] County’s Cash (hard) Match for the Project will be funded from [ENTER NUMBER OF SOURCES] sources: (1) __________, (2) __________, and (3) __________. February 7, 2017 Contra Costa County Board of Supervisors Minutes 312 E-1-4 Project Delivery and Construction Agreement July 22, 2013 CERTIFICATE OF THE COUNTY OF [ENTER COUNTY NAME] REGARDING ITS OTHER PARTICIPATING COUNTY FUNDING FOR THE [ENTER COUNTY NAME] COUNTY JAIL PROJECT All capitalized terms not otherwise defined herein shall have the meaning given them in the Project Delivery and Construction Agreement. WHEREAS, pursuant to [ENTER STATUTE] (the “Law”), the State Public Works Board (the “Board”) is authorized to finance the acquisition, design and construction of a [ENTER TYPE OF FACILITY] facility approved by the Board of State and Community Corrections (the “BSCC”) pursuant to Section [ENTER SECTION] of the California Government Code (the “[ENTER PROGRAM NAME] Financing Program”); and WHEREAS, pursuant to California Code of Regulations Title 15, Division 1, Chapter 1, Subchapter [ENTER SUBCHAPTER], only the cost of certain design and construction activities are potentially eligible for reimbursement under the [ENTER PROGRAM NAME] Financing Program – acquisition, pre-design and other specified design and construction costs are not eligible; and WHEREAS, the County of [ENTER COUNTY NAME] (the “Participating County”) has proposed to build a [ENTER TYPE OF FACILITY] facility, the [ENTER PROJECT NAME] project, (the “Project”), to be located at [ENTER PHYSICAL ADDRESS], real property controlled by the Participating County through fee-simple ownership (the “Site”); and WHEREAS, pursuant to the Law, the Participating County is contributing funding in addition to its Cash (hard) Match and In-Kind (soft) Match (the “Other Participating County Funding”); and WHEREAS, the Board intends to assist in the oversight and financing of the Project, subject to satisfaction of certain conditions and requirements of the Board, and the Board may in its sole, reasonable discretion, issue lease revenue bonds for the Project (the “Bonds”); and WHEREAS, the interests of both the Board and the Participating County require confirmation of certain facts and certain assurances concerning the Other Participating County Funding. NOW, THEREFORE, the Participating County, acting through its duly authorized representative, does hereby represent, warrant and covenant as follows: (A) Lawfully Available Funds. The Other Participating County Funding, as described in Exhibit 1, has been derived exclusively from lawfully available funds of the Participating County. (B) Other Participating County Funding Is Legal and Authorized. The payment of the Other Participating County Funding for the Project (i) is within the power, legal right, and authority of the Participating County; (ii) is legal and will not conflict with or constitute on the part of the Participating County a material violation of, a material breach of, a material default under, or result in the creation or imposition of any lien, charge, restriction, or encumbrance upon any property of the Participating County under the provisions of any charter instrument, bylaw, indenture, mortgage, deed of trust, pledge, note, lease, loan, installment sale agreement, contract, or other material February 7, 2017 Contra Costa County Board of Supervisors Minutes 313 E-1-5 Project Delivery and Construction Agreement July 22, 2013 agreement or instrument to which the Participating County is a party or by which the Participating County or its properties or funds are otherwise subject or bound, decree, or demand of any court or governmental agency or body having jurisdiction over the Participating County or any of its activities, properties or funds; and (iii) have been duly authorized by all necessary and appropriate action on the part of the governing body of the Participating County. The authorized representative of the Participating County executing this Certificate is fully authorized and empowered to take such actions for and on behalf of the Participating County. (C) Governmental Consents. The execution, delivery, and performance by the Participating County of this certificate and the use of the Other Participating County Funding for certain costs of the Project do not require the consent, approval, permission, order, license, or authorization of, or the filing, registration, or qualification with, any governmental authority other than the Participating County in connection with the execution, delivery, and performance of this Certificate, the consummation of any transaction herein contemplated, or the offer, issue, sale, or delivery of the Bonds, except as shall have been obtained or made and as are now in full force and effect. (D) No Prior Pledge. The Other Participating County Funding and the Project are not and will not be mortgaged, pledged, or hypothecated by the Participating County in any manner or for any purpose and have not been and will not be the subject of a grant of a security interest by the Participating County. In addition, the Other Participating County Funding and the Project are not and will not be mortgaged, pledged, or hypothecated for the benefit of the Participating County or its creditors in any manner or for any purpose and have not been and will not be the subject of a grant of a security interest in favor of the Participating County or its creditors. The Participating County shall not in any manner impair, impede or challenge the security, rights and benefits of the owners of the Bonds or the trustee for the Bonds. IN WITNESS WHEREOF, the undersigned duly authorized representative of the Participating County has executed and delivered this Certificate to the Board on the date set forth below. Date: [ENTER DATE FROM PDCA COVER PAGE] COUNTY OF [ENTER COUNTY NAME] By: [NAME] [TITLE] February 7, 2017 Contra Costa County Board of Supervisors Minutes 314 E-1-6 Project Delivery and Construction Agreement July 22, 2013 Exhibit 1-Description of Other Participating County Funding [ENTER COUNTY NAME] County’s Other Participating County Funding for the Project will be funded from [ENTER NUMBER OF SOURCES] sources: (1) __________, (2) __________, and (3) __________. February 7, 2017 Contra Costa County Board of Supervisors Minutes 315 E-2-1 Project Delivery and Construction Agreement July 22, 2014 EXHIBIT E-2 DESCRIPTION OF PARTICIPATING COUNTY FUNDING {TC \L 0 "0000000000001"} In-kind (soft) Match [DESCRIPTION TO BE INSERTED] February 7, 2017 Contra Costa County Board of Supervisors Minutes 316 Ground Lease July 22, 2014 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) ) ) ) Attention: ) [Space above for Recorder’s use] GROUND LEASE by and between the [ENTER COUNTY NAME] as Landlord, and [“DEPARTMENT OF CORRECTIONS AND REHABILITATION” OR “BOARD OF STATE AND COMMUNITY CORRECTIONS”] OF THE STATE OF CALIFORNIA, as Tenant Dated as of _________________, 20__ (FOR A [ENTER TYPE OF FACILITY] FACILITY LOCATED IN THE COUNTY OF [ENTER COUNTY NAME]) _________________________________________________________________________________ _________________________________________________________________________________ NO DOCUMENTARY TRANSFER TAX DUE. This Ground Lease is recorded for the benefit of the State of California and is exempt from California transfer tax pursuant to Section 11928 of the California Revenue and Taxation code and from recording fees pursuant to Sections 6103 and 27383 of the California Government Code February 7, 2017 Contra Costa County Board of Supervisors Minutes 317 i Ground Lease July 22, 2014 TABLE OF CONTENTS Page SECTION 1. Definitions.............................................................................................................. 2 SECTION 2. Effective Date ........................................................................................................ 4 SECTION 3. Representations, Warranties and Covenants .......................................................... 4 SECTION 4. Lease of the Site, Access, Utilities and Repairs Easements and Recordation of Lease ............................................................................................. 7 SECTION 5. Landlord Right of Entry for Construction and Operation ...................................... 8 SECTION 6. Purpose and Use ..................................................................................................... 8 SECTION 7. Assignment or Sublease ......................................................................................... 8 SECTION 8. No Commitment to Issue the Bonds and Non-Liability of the Department and the State ........................................................................................................... 9 SECTION 9. Cooperation ............................................................................................................ 9 SECTION 10. Term and Extension ............................................................................................... 9 SECTION 11. Rental ..................................................................................................................... 9 SECTION 12. Taxes and Assessment ......................................................................................... 10 SECTION 13. Right of First Offer and Priority of Ground Lease .............................................. 10 SECTION 14. Damage or Destruction ........................................................................................ 10 SECTION 15. Insurance .............................................................................................................. 10 SECTION 16. Condition and Title to the Improvements on Termination .................................. 11 SECTION 17. The Department’s Right to Terminate ................................................................. 11 SECTION 18. The Participating County’s Right to Terminate ................................................... 11 SECTION 19. Non-Termination, Default and Damages ............................................................. 11 SECTION 20. Waste and Hazardous Materials........................................................................... 11 SECTION 21. Eminent Domain .................................................................................................. 12 SECTION 22. Non-Discrimination ............................................................................................. 12 SECTION 23. Liens ..................................................................................................................... 12 SECTION 24. Indemnification .................................................................................................... 13 SECTION 25. Non-Encumbrance ............................................................................................... 13 SECTION 26. Miscellaneous ...................................................................................................... 13 February 7, 2017 Contra Costa County Board of Supervisors Minutes 318 ii Ground Lease July 22, 2014 TABLE OF CONTENTS (continued) Page Exhibit A Project Description.............................................................................................. A-1 Exhibit B Legal Description of the Site ...............................................................................B-1 Exhibit C Form of Easement Agreement for Grants of Access, Utilities and Repairs ........C-1 Exhibit D Form of Legal Opinion Letter ............................................................................. D-1 Exhibit E List of the Permitted Encumbrances .................................................................... E-1 Exhibit F Pending and Threatened Lawsuits ....................................................................... F-1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 319 1 Ground Lease July 22, 2014 GROUND LEASE THIS GROUND LEASE, dated as of ________, 20__ for reference only (this “Ground Lease”), is entered into by and between COUNTY OF [ENTER COUNTY NAME] (the “Participating County”), a Political Subdivision of the State of California (the “State”), as Landlord, and the [“DEPARTMENT OF CORRECTIONS AND REHABILITATION” OR “BOARD OF STATE AND COMMUNITY CORRECTIONS”] OF THE STATE OF CALIFORNIA (the “Department”), an entity of state government of the State , as Tenant. The Participating County and the Department are sometimes referred to collectively as the “Parties”, and individually as a “Party”. RECITALS WHEREAS, pursuant to [ENTER STATUTE], the State Public Works Board (the “Board”) is authorized to finance the acquisition, design and construction of a jail facility approved by the Board of State and Community Corrections (the “BSCC”) pursuant to Section [ENTER SECTION] and following, as amended, (the “[ENTER PROGRAM NAME] Financing Program”), the Participating County, [the Department, ]BSCC and the Board entered into the Project Delivery and Construction Agreement (the “PDCA”) dated as of ___________, 20__, for reference only; and WHEREAS, further to the PDCA, the Participating County has proposed to build a [ENTER TYPE OF FACILITY] facility as more particularly described in Exhibit A attached hereto (the “Project”), to be located on real property owned in fee simple by the Participating County and legally described in Exhibit B attached hereto (the “Site”); and WHEREAS, further to the PDCA, the Department desires to ground lease the Site from the Participating County to assist the Participating County in obtaining eligibility for the Board lease revenue bond financing to finance a portion of the construction of the Project (the “Bonds”); and WHEREAS, the Department and the Board desire that the term of this Ground Lease not terminate or expire until the Bonds have been paid in full or retired under the provisions of the Bond Documents; and WHEREAS, the Participating County is desirous of maintaining its eligibility to receive financing for the Project, and to achieve this end, the Participating County is willing to lease the Site to the Department; and WHEREAS, concurrently with the execution of this Ground Lease, the Department as the Licensor and the Participating County as the Licensee, have entered into a Right of Entry for Construction and Operation (the “Right of Entry”) in substantially the form attached as Exhibit C to the PDCA, authorizing the Participating County to enter the Site for the purpose of constructing the Project and for operation of the Project upon substantial completion of construction; and WHEREAS, if the Participating County maintains its eligibility in the [ENTER PROGRAM NAME] Financing Program, and the Board in its sole discretion, is able to issue the February 7, 2017 Contra Costa County Board of Supervisors Minutes 320 2 Ground Lease July 22, 2014 Bonds to finance the Project in its typical and customary manner, the Department will concurrently sublease the Site to the Board, (the “Site Lease”), and enter into a Facility Lease (the “Facility Lease”) providing for the Board to sublease to the Department the Site and the Project (together the “Facility”). The Site Lease and the Facility Lease will provide security for the Bonds to be issued by the Board under an indenture (the “Indenture”) between the Board and the Treasurer of the State, as trustee (the “State Treasurer”); and WHEREAS, if the Board is able to issue the Bonds for the Project in its typical and customary manner, concurrently with executing the Site Lease and the Facility Lease, the Department and the Participating County intend to enter into a Facility Sublease (the “Facility Sublease”) whereby the Department will sublet the Facility to the Participating County pursuant to the terms of the Facility Sublease; and NOW, THEREFORE, in consideration of the mutual obligations of the Parties hereto, the Participating County hereby leases to the Department, and the Department hereby leases from the Participating County, the Site subject to the terms, covenants, agreements and conditions hereinafter set forth, to each and all of which the Participating County and the Department hereby mutually agree. SECTION 1. Definitions. As used herein, the following terms shall have the following meanings: (a) “[ENTER PROGRAM NAME] Financing Program” has the meaning given to such term in the Recitals. (b) “Abatement Event” shall have the meaning given to such term in the Facility Lease. (c) “Board” means the State Public Works Board of the State of California, an entity of state government of the State. (d) “Bond Documents” mean each and every document evidencing the Bonds, including, but not limited to, the Site Lease, the Facility Lease, the Facility Sublease, and the Indenture. (e) “Bonds” has the meaning given to such term in the Recitals. (f) “BSCC” has the meaning given to such term in the Recitals. (g) “Claims” has the meaning given to such term in Section 23 of this Ground Lease. (h) “Department” has the meaning given to such term in the preamble. (i) “DGS” means the Department of General Services of the State of California, an entity of state government of the State. February 7, 2017 Contra Costa County Board of Supervisors Minutes 321 3 Ground Lease July 22, 2014 (j) “Easements” mean the access, utilities and repairs easements described in Subsection 4(b) of this Ground Lease. (k) “Easement Agreement” means an easement agreement memorializing the grant of Easements by the Participating County, as grantor, to the Department, as grantee, in the form of Exhibit C attached hereto. (l) “Easement Property” means real property owned by the Participating County that is burdened by the Easement Agreement as described in Exhibit 2 to the Easement Agreement. (m) “Effective Date” means the date this Ground Lease is valid, binding and effective as provided in Section 2 of this Ground Lease. (n) “Facility” has the meaning given to such term in the Recitals. (o) “Facility Lease” has the meaning given to such term in the Recitals. (p) “Facility Sublease” has the meaning given to such term in the Recitals. (q) “Ground Lease” has the meaning given to such term in the preamble, including all exhibits attached hereto. (r) “Hazardous Materials” mean any substance, material, or waste which is or becomes, regulated by any local governmental authority, the State, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a “hazardous waste”, “extremely hazardous waste”, or “restricted hazardous waste” under Section 25115, 25117 or 25122.7 of the California Health and Safety Code, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Talmer Hazardous Substance Account Act), (iii) defined as a “hazardous material”, “hazardous substance”, or “hazardous waste” under Section 25501 of the California Health and Safety Code. (s) “Improvements” mean the physical construction of the Project and other buildings, improvements, structures, furnishings and equipment placed in, under or upon the Site by the Participating County under the terms and conditions in the Right of Entry or this Ground Lease. (t) “Indemnitees” has the meaning given to such term in Section 24 of this Ground Lease. (u) “Indenture” has the meaning given to such term in the Recitals. (v) “Landlord” has the meaning given to such term in the preamble. (w) “Leasehold Estate” means the real property right and interest held by the Department as Tenant to possess, use and access the Site and the Project under the terms and conditions of this Ground Lease. February 7, 2017 Contra Costa County Board of Supervisors Minutes 322 4 Ground Lease July 22, 2014 (x) “Participating County” has the meaning given to such term in the preamble. (y) “Parties” has the meaning given to such term in the preamble. (z) “Party” has the meaning given to such term in the preamble. (aa) “PDCA” has the meaning given to such term in the Recitals. (bb) “Permitted Encumbrances” has the meaning given to such term in Subsection 3(b)(4) of this Ground Lease. (cc) “Project” means the buildings, structures, works and related improvements constructed or to be constructed on the Site, as are more particularly described in Exhibit A attached hereto, and any and all additions, betterments, extensions and improvements thereto. (dd) “Resolution” has the meaning given to such term in Subsection 3(b)(1) of this Ground Lease. (ee) “Right of Entry” has the meaning given to such term in the Recitals. (ff) “Right of First Offer” has the meaning given to such term in Section 13 of this Ground Lease. (gg) “Site” has the meaning given to such term in the Recitals. (hh) “Site Lease” has the meaning given to such term in the Recitals. (ii) “State” means the state government of the State of California. (jj) “State Treasurer” has the meaning given to such term in the Recitals. (kk) “Tenant” has the meaning given to such term in the preamble. (ll) “Term” has the meaning given to such term in Section 10 of this Ground Lease. SECTION 2. Effective Date. The Parties hereby confirm and agree that this Ground Lease is effective and binding on the Parties upon the first day (the “Effective Date”) on which this Ground Lease has been consented to by the Board and a duly authorized representative of the Board has consented to this Ground Lease by executing it below. SECTION 3. Representations, Warranties and Covenants. (a) Representations and Warranties of the Department. In addition to any express agreements of Tenant herein, the Department makes the following representations and warranties to the Participating County as of the Effective Date: February 7, 2017 Contra Costa County Board of Supervisors Minutes 323 5 Ground Lease July 22, 2014 (1) The Department has full legal right, power and authority to enter into this Ground Lease as Tenant and to carry out and consummate all transactions contemplated by this Ground Lease and by proper action has duly authorized the execution and delivery of this Ground Lease. The Department shall cause an opinion, dated as of [the date in the preamble of this Ground Lease] and in substantially the form of Exhibit D attached to this Ground Lease, to be delivered to the Board contemporaneously with the Department’s execution of this Ground Lease; (2) The officers of the Department executing this Ground Lease are duly and properly holding their respective offices and are fully authorized to execute this Ground Lease; and (3) This Ground Lease has been duly authorized, executed and delivered by the Department, and will constitute a legal, valid and binding agreement of the Department, enforceable against the Department in accordance with its terms on the Effective Date. (b) Representations, Warranties and Covenants of the Participating County. In addition to any express agreements of Landlord herein, the Participating County makes the following representations, warranties and covenants to the Department as of the Effective Date: (1) The Participating County, by Resolution of the Board of Supervisors (“Resolution”), has full legal right, power and authority to enter into this Ground Lease as Landlord, to transfer and convey the Leasehold Estate to the Department under this Ground Lease, and to carry out and consummate all transactions contemplated by this Ground Lease and by proper action has duly authorized the execution and delivery of this Ground Lease. The Participating County shall cause an opinion, dated as of [the date in the preamble of this Ground Lease] and in substantially the form of Exhibit D attached to this Ground Lease, to be delivered to the Board contemporaneously with the Participating County’s execution of this Ground Lease. (2) The officers of Participating County executing this Ground Lease are duly and properly holding their respective offices and have the legal power, right and are fully authorized to execute this Ground Lease pursuant to the Resolution. (3) This Ground Lease has been duly authorized, executed and delivered by Participating County, and will constitute a legal, valid and binding agreement of Participating County, enforceable against the Participating County in accordance with its terms upon the Effective Date. (4) The Participating County is the owner in fee simple of the Site and has marketable and insurable fee simple title to the Site, there is no suit, action, arbitration, legal, administrative, or other proceeding or inquiry pending against the Site or pending against the Participating County which could affect the Participating County’s title to the Site, affect the value of the Site, or subject an owner of the Site to liability and there are no outstanding mortgages, deeds of trust, bond indebtedness, leaseholds, pledges, conditions or restrictions, liens or encumbrances against the Site except as identified in Exhibit E, attached hereto, collectively, the “Permitted Encumbrances”. February 7, 2017 Contra Costa County Board of Supervisors Minutes 324 6 Ground Lease July 22, 2014 (5) No consent, permission, authorization, order, license, or registration with any governmental authority is necessary in connection with the execution and delivery of this Ground Lease, except as have been obtained. (6) There exists no litigation or other proceeding pending or threatened against the Participating County except as identified in Exhibit F, attached hereto, that, if determined adversely, would materially and adversely affect the ability of the Participating County to perform its obligations under this Ground Lease. (7) This Ground Lease is, and all other instruments, documents, exhibits, and agreements required to be executed and delivered by the Participating County in connection with this Ground Lease are and shall be, duly authorized, executed and delivered by the Participating County and shall be valid, legally binding obligations of and enforceable against the Participating County in accordance with their terms. (8) Neither the execution and delivery of this Ground Lease and documents referenced herein, nor the incurrence of the obligations set forth herein, nor the consummation of the transactions herein contemplated, nor compliance with the terms of this Ground Lease and the documents referenced herein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any agreements or instruments to which the Participating County is a party or affecting the Site. (9) There are no attachments, execution proceedings, or assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings pending against the Participating County. (10) There are no and have been no: (A) actual or pending public improvements which will result in the creation of any liens, encumbrances or assessments upon the Site, including public assessments or mechanics liens, other than the Permitted Encumbrances, and the Participating County agrees to indemnify, defend and hold the Department free and harmless from and against any claims, liabilities, losses, costs, damages, expenses and attorneys’ fees arising from any liens, encumbrances or assessments that have been, or may be, imposed upon the Site as a consequence of actual or impending public improvements at or after the Effective Date, including any obligations to pay a fee or assessment for infrastructure to the extent such liability survives or continues at or after the Effective Date, and the Department agrees to cooperate with the Participating County, at the Participating County’s costs and to the extent permitted by law, with respect to the Participating County’s efforts to remove any such liens, fees, assessments, or encumbrances. (B) uncured notices from any governmental agency notifying the Participating County of any violations of law, ordinance, rule, or regulation, including Environmental Laws, occurring on the Site. (C) notices of any condemnation, zoning or other land-use regulation proceedings, either instituted or planned to be instituted, which would detrimentally affect the use, operation or value of the Site. February 7, 2017 Contra Costa County Board of Supervisors Minutes 325 7 Ground Lease July 22, 2014 (11) The Participating County hereby agrees that it will not enter into any new leases or any other obligations or agreements that will affect the Site at or after the Effective Date, without the express prior written consent of the Department and approval of the Board. (12) The Participating County will not subject the Site to any additional liens, encumbrances, covenants, conditions, easements, rights of way or similar matters after the Effective Date without the express prior written consent of the Department and the approval of the Board. (13) The Participating County shall promptly notify the Department of any event or circumstance that makes any representation or warranty of the Participating County under this Ground Lease untrue or misleading, or of any covenant of the Participating County under this Ground Lease incapable or less likely of being performed. The Participating County’s obligation to provide the notice described in the preceding sentence to the Department shall in no way relieve the Participating County of any liability for a breach by the Participating County of any of its representations, warranties or covenants under this Ground Lease. (14) The Department shall at all times during the Term have access to and from the Site. (15) No representation, warranty or statement of the Participating County in this Ground Lease or in any document, certificate, exhibit or schedule furnished or to be furnished to the Department pursuant hereto contains or will contain any untrue statement of a material fact or omits or will omit to state a material fact necessary to make the statements or facts contained therein not misleading. SECTION 4. Lease of the Site, Access, Utilities and Repairs Easements and Recordation of Lease. (a) Lease of the Site and Recordation of Ground Lease. The Participating County hereby leases the Site to the Department and the Department leases the Site from the Participating County. The Participating County further agrees to provide, or cause to be provided, to the Department and its assigns or sublessees, adequate parking spaces at no cost, and such utility services as the Participating County customarily provides or causes to be provided to facilities similar to the Project, including without limitation electricity, gas, water, sewer, garbage disposal, heating, air conditioning and telephone. The Department and the Board shall have the right to record this Ground Lease in the Official Records of the Participating County as of the Effective Date or anytime thereafter. [Use Note: Section 4(b) and the Easement Agreement are necessary if Site access and utilities are provided by other real property. The execution form of the Easement Agreement is attached as Exhibit C.] (b) Access, Utilities and Repairs Easement. As of the Effective Date, the Participating County agrees to grant to the Department, for the use, benefit and enjoyment of the Department and its lessees, successors and assigns, and their respective employees, invitees, agents, independent contractors, patrons, customers, guests and members of the public using or February 7, 2017 Contra Costa County Board of Supervisors Minutes 326 8 Ground Lease July 22, 2014 visiting the Site or the Project, a non-exclusive easement over, across and under the Easement Property for the purpose of: a) ingress, egress, passage or access to and from the Site by pedestrian or vehicular traffic; b) installation, maintenance and replacement of utility wires, cables, conduits and pipes; and c) other purposes and uses necessary or desirable for access to and from the Site for the repair, operation and maintenance of the Facility (collectively the “Easements”). The grant of the Easements shall be memorialized in that certain Easement Agreement for Grants of Access, Utilities and Repairs (the “Easement Agreement”) in substantially the form of Exhibit C attached to this Ground Lease. The Department and the Board shall have the right to record the Easement Agreement in the Official Records of the Participating County as of the Effective Date or anytime thereafter. The Easements to be granted by the Participating County are subject to the limitations set forth in the Easement Agreement. In the event of a conflict or ambiguity, with respect to the terms of the Easements, between this Ground Lease and the Easement Agreement, the terms of the Easement Agreement shall control. SECTION 5. Landlord Right of Entry for Construction and Operation. (a) Landlord Right of Entry for Construction and Operation. Notwithstanding anything to the contrary contained herein, Landlord has reserved the right to enter and use the Site for construction of the Project pursuant to the terms and conditions in the Right of Entry. (b) Quiet Enjoyment. The Participating County covenants that the Department, its assigns or sublessees, may quietly have, hold, and enjoy all of the Site and the Improvements during the Term of this Ground Lease and any extended term hereof, without hindrance or interruption by the Participating County or by any other person or persons lawfully or equitably claiming by, through or under the Participating County, except as limited by the Permitted Encumbrances. SECTION 6. Purpose and Use. The Parties reasonably expect for the Site to be used by the Department, and each of its assignees or sublessees during the Term of this Ground Lease, for the purpose of causing the construction, operation and maintenance of the Project and appurtenances thereto; provided however, the Parties acknowledge that the Site may be utilized for other types of correctional housing or other public purposes as may be required to exercise the Board’s obligations, rights and remedies under the Bond Documents. The Participating County acknowledges and confirms that the Department’s use of the Leasehold Estate created hereunder includes, but is not limited to, allowing for potential financing and construction of the Project and the leasing of the Site and/or the Facility pursuant to the Site Lease, the Facility Lease, and the Facility Sublease and for such other purposes as may be incidental thereto. The Participating County further acknowledges and confirms the Board’s right to relet the Facility in the event of a default under the Facility Lease and to pro vide for all other rights and remedies of the Board, the State Treasurer, and the owners of the Bonds in the event of a default under the Bond Documents. SECTION 7. Assignment or Sublease. The Department may sublet or assign all or a portion of the Site or the Project or assign February 7, 2017 Contra Costa County Board of Supervisors Minutes 327 9 Ground Lease July 22, 2014 this Ground Lease or any interest therein, without the prior consent or approval of the Participating County; provided, however, any sublet or assignment shall be subject to the prior approval of the Board and Participating County is provided notice of said sublet or assignment. Notwithstanding that the Participating County’s consent or approval is not required for any subletting of the Site or the Project, to assist with the Board’s financing of the Project, the Participating County hereby consents to and approves the sublease of the Site, together with the Improvements, to the Board under the Site Lease and the further subletting of the Facility by the Board to the Department under the Facility Lease. SECTION 8. No Commitment to Issue the Bonds and Non-Liability of the Department and the State. The delivery of this Ground Lease shall not directly, indirectly or contingently, obligate the Department, the Board or any other subdivision of the State to issue the Bonds or levy any form of taxation or to make any appropriation with respect to the Project. Any obligation of the Department created by or arising out of this Ground Lease shall not impose a debt or pecuniary liability upon the Department, the Board or any other subdivision of the State, or a charge upon the general credit or taxing powers thereof but shall be payable solely out of funds duly authorized and appropriated by the State. SECTION 9. Cooperation. The Participating County has a duty to fully cooperate and provide all necessary assistance to the Department and the Board to aid them in their efforts to finance the Project. The Participating County acknowledges that it is authorized and directed to provide cooperation concerning the issuance of the Bonds, including without limitation, executing and delivering such certificates, legal opinions or instruments as the Department or the Board may reasonably request. The Participating County’s legal counsel, Chief Administrative Officer and its Sheriff are authorized and directed to cooperate in the issuance of the Bonds and to execute all documents reasonably needed to accomplish such financing. SECTION 10. Term and Extension. The Term of this Ground Lease shall commence on the Effective Date and shall co- terminate on the same date as the Facility Lease, unless such Term is extended by the parties thereto, or unless sooner terminated as provided herein, except no termination of this Ground Lease shall occur until all the Bonds and all other indebtedness incurred by the Board for the Project, if any, have been fully repaid. SECTION 11. Rental. The Department shall pay the Participating County rental in the sum of Ten Dollars ($10.00) per year, all of which rental shall be deemed to have been prepaid to the Participating County by the Department on the Effective Date and, thereby acknowledges the Participating County’s match funding requirement has been sufficiently met. The Participating County agrees that the payment of such rental is adequate consideration for the leasing of the Site, together with the Improvements, under this Ground Lease. February 7, 2017 Contra Costa County Board of Supervisors Minutes 328 10 Ground Lease July 22, 2014 SECTION 12. Taxes and Assessment. The Department shall pay or cause to be paid all lawful taxes that may be levied at any time upon any interest the Department may have under this Ground Lease (including both the Site and the Improvements after the Effective Date). The Participating County and the Department each represent and acknowledge that neither Party believes or expects that its respective interests in the Site are subject to payment of property taxes. The Department shall have the right to contest the validity of any levy or tax assessment levied upon the Dep artment’s interest in the Site. SECTION 13. Right of First Offer and Priority of Ground Lease. (a) Right of First Offer. Should the Participating County decide to sell the Site at any time during the Term of this Ground Lease, the Participating County shall notify the Department and the Board in writing of such intention prior to soliciting offers from any prospective purchasers. In such event, the Department and the Board shall have fifteen (15) months from receipt of such notification of intention to sell to inform the Participating County of the Department’s interest in acquiring the Site. The Participating County understands that the State’s acquisition process requires an appropriation of funds and the approval of the Board. The Participating County agrees to reasonably cooperate with the Department in obtaining such approval and in meeting any other State property acquisition requirements that may exist at that time. If the Department informs the Participating County of the Department’s intention to acquire the Site within said fifteen (15) month period, the Parties agree to negotiate a purchase agreement in good faith and at a price that is the fair market value of the Site at the time the Department exercises its Right of First Offer. (b) Priority of Ground Lease. If the Department and the Participating County are unable to agree on the terms and conditions for the purchase and sale of the Site, or if the Board does not approve the acquisition of the Site by the Department, the Participating County shall be free to market and sell the Site to a third party; provided, however, any new owner of the Site shall acquire the Site subject to this Ground Lease and any encumbrances related to the Bonds and the Bond Documents. The Department and the Board shall have no obligation to subordinate the Ground Lease, the Bonds or the Bond Documents to accommodate the new owner or lender(s). SECTION 14. Damage or Destruction. Damage or destruction to the Project shall not act to terminate or cancel this Ground Lease. In the event of any damage or destruction of the Project, the use of the proceeds of any property casualty or builder’s risk insurance required to be procured and maintained pursuant to the PDCA, or any insurance required by the Facility Lease or Facility Sublease shall be governed by the terms of the agreement that required the procurement of such insurance. SECTION 15. Insurance. Except for insurance obligations that may arise as a result of the issuance of the Bonds by the Board, or as may be required by the PDCA, the Department shall have no obligation to purchase insurance for the Site or the Project, including but not limited to any general liability, February 7, 2017 Contra Costa County Board of Supervisors Minutes 329 11 Ground Lease July 22, 2014 earthquake, flood, fire or extended casualty coverage. SECTION 16. Condition and Title to the Improvements on Termination. Upon termination or expiration of this Ground Lease, the Department shall have no obligation, to remove the Improvements. Title to the Improvements, including the Project, during the Term shall be vested in the State. Subject to the terms and conditions in the Bond Documents, at the termination or expiration of this Ground Lease, fee title to the Improvements, including the Project, shall vest in the Participating County and become the property of the Participating County without further action of any Party and without the necessity of a deed from the Department to the Participating County. SECTION 17. The Department’s Right to Terminate. The Department, with the approval of the Board, shall have the right to terminate this Ground Lease upon thirty (30) days written notice to the Participating County without any liability; provided, however, no termination of this Ground Lease or revesting of title to any portion of the Site or vesting of title to the Project may occur until the Bonds have been fully paid or retired under the provisions of the Bond Documents. SECTION 18. The Participating County’s Right to Terminate Participating County’s proper exercise of its termination rights pursuant to Article 2, section 2.2(b) of the PDCA serves to terminate this Ground Lease effective on the date of termination of the PDCA. SECTION 19. Non-Termination, Default and Damages. This Ground Lease shall expire at the end of the Term. It is expressly agreed by the Parties to this Ground Lease that any default under this Ground Lease will not allow either Party to terminate or otherwise interfere with the Department’s quiet enjoyment and beneficial use of the Site and the Project under this Ground Lease, the Site Lease or the Facility Lease. Until such time as the Bonds have been fully paid or retired under the provisions of the Bond Documents, the sole remedy of any Party upon such default shall be a suit for money damages or specific performance to remedy such a default. SECTION 20. Waste and Hazardous Materials. Neither the Participating County nor the Department shall knowingly commit, suffer or permit any waste or nuisance on the Site or any acts to be done thereon in violation of any laws or ordinances. To the Participating County’s best knowledge, after having examined its documents, public records and other instruments and having made inquiry of appropriate departments and agencies with respect to the Site and, except as specifically provided in this Ground Lease, no Hazardous Materials, were used, generated, stored, released, discharged or disposed of on, under, in, or about the Site or transported to or from the Site. The Participating County represents with respect to the Site that neither the Participating County nor any other person or entity under the control of, or with the knowledge of the Participating County will cause or permit the use generation, storage, release, discharge, or disposal of any Hazardous February 7, 2017 Contra Costa County Board of Supervisors Minutes 330 12 Ground Lease July 22, 2014 Materials on, under, in, or about the Site or transported to or from the Site. SECTION 21. Eminent Domain. If the whole or any portion of the Site or the Project shall be taken in eminent domain proceedings, or by sale in lieu of such taking by a governmental entity threatening to use the power of eminent domain, and which taking in the collective judgment of the Department, the Board, and the State Treasurer renders the Site and/or the Project unsuitable for the continued use by the State, then this Ground Lease shall terminate when possession is taken by the condemning entity. If this Ground Lease is terminated because of such taking and any of the Bonds are outstanding, then all proceeds from any permanent or temporary taking shall be used to repay any outstanding Bonds as provided in the Bond Documents, including any outstanding or accrued interest, and upon full repayment of the Bonds then the remaining proceeds, if any, shall be distributed to the Department and the Participating County according to their respective interests as provided in the Bond Documents. The Participating County and the Department shall each have the right to represent its own interest, at its own cost and expense, in any proceedings arising out of such taking, and each of the Participating County and the Department shall reasonably cooperate with the other, including without limitation, settling with the condemning authority only with the other Party’s consent if such settlement would affect the other Party’s rights. If this Ground Lease is not terminated because of such taking, then it shall remain in full force and effect with respect to the remainder of the Site and the Project. The Participating County and the Department each waives the provisions of the California Code of Civil Procedure, Section 1265.130, or any similar law that permits a Party to petition a court to terminate this Ground Lease upon a taking affecting the Site or the Project, the Parties agreeing that any such termination rights shall be only as expressly set forth in this Ground Lease. SECTION 22. Non-Discrimination. During the performance of this Ground Lease, the Participating County shall not deny benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age, or sex. The Participating County shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. The Participating County shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.), the provisions of Article 9.5, Chapter I, Part I, Division 3, Title 2 of the Government Code (Government Code, Sections 11135 - 11139.5), and the regulations or standards adopted to implement such article. SECTION 23. Liens. February 7, 2017 Contra Costa County Board of Supervisors Minutes 331 13 Ground Lease July 22, 2014 In the event the Department, the Board or their designees, at any time during the Term, causes any changes, alterations, additions, improvements, or other work to be done or performed or materials to be supplied, in or upon the Project or the Site, the Department, the Board or their designees shall pay, when due, all sums of money that may become due for any labor, services, materials, supplies or equipment furnished to or for the Department or the Board, upon or about the Project or the Site and which may be secured by any lien against the Project or the Site or the Department’s or the Board’s interest therein, and will cause each such lien to be fully discharged and released at the time the performance of any obligation secured by any such lien matures or comes due; except that, if the Department or the Board desires to contest any such lien, it may do so. If any such lien is reduced to final judgment and such judgment or other process as may be issued for the enforcement thereof is not promptly stayed, or if so stayed, said stay thereafter expires, the Department or the Board shall forthwith pay and discharge said judgment. SECTION 24. Indemnification. As required by Section [ENTER SECTION] of the California Government Code, the Participating County hereby agrees that it shall indemnify, protect, defend and hold harmless the State, including but not limited to, the Department, the Board, DGS, and each of their respective officers, governing members, directors, officials, employees, subcontractors, consultants and agents (collectively the “Indemnitees”), for any and all claims, liabilities and losses arising out of the use of the Site or the Project, including, but not limited to all demands, causes of action and liabilities of every kind and nature whatsoever arising out of, related to, or in conn ection with (a) any breach of this Ground Lease by the Participating County; (b) the construction, operation, maintenance, use and occupancy of the Project; (c) any acts or omissions of any contractor hired by the Participating County or its agents or subc ontractor hired by such contractor (collectively the “Claims”). The Participating County’s obligation to indemnify, defend, and save harmless the Indemnitees shall extend to all Claims arising, occurring, alleged, or made any time, including prior to, during, or after this Ground Lease is in full force and effect. The Participating County’s obligation to indemnify, defend, and save harmless the Indemnitees shall apply regardless of any active and/or passive negligent act or omission of the Indemnitees, bu t the Participating County shall not be obligated to provide indemnity or defense for Indemnitees wherein the Claims arise out of the gross negligence or willful misconduct of the Indemnitees. The indemnification obligation of the Participating County set forth in this Section shall survive the expiration of the Term or earlier termination of this Ground Lease. SECTION 25. Non-Encumbrance. The Participating County covenants that the Facility is not and will not be mortgaged, pledged, or hypothecated in any manner or for any purpose and has not been and will not be the subject of a grant of a security interest by the Participating County without the written consent of the Department and the Board. The Participating County further covenants that it shall not in any manner impair, impede or challenge the security, rights and benefits of the owners of the Bonds or the trustee for the Bonds. SECTION 26. Miscellaneous. (a) Amendments. This Ground Lease may only be amended, changed, modified or February 7, 2017 Contra Costa County Board of Supervisors Minutes 332 14 Ground Lease July 22, 2014 altered in writing by the Parties. As long as any of the Bonds are outstanding the Board must consent to any amendment hereto to be effective. (b) Waiver. The waiver by any Party of a breach by the other Party of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term, covenant or condition hereof. (c) Law Governing. This Ground Lease shall be governed exclusively by the provisions hereof and by the laws of the State and any action arising from or relating to this Ground Lease shall be filed and maintained in Sacramento County Superior Court, Sacramento, California. (d) Section Headings. All articles, paragraph and section headings, titles or captions contained in this Ground Lease are for convenience of reference only and are not intended to define or limit the scope of any provision of this Ground Lease. (e) Conflicts Between Terms of Documents. Nothing in this Ground Lease is intended to amend, modify or supersede the PDCA expect as expressly provided herein. In the event of any inconsistency in the PDCA and this Ground Lease, the inconsistency shall be resolved by giving preference to the PDCA. In the event of any inconsistency between this Ground Lease and the Bond Documents, the inconsistencies shall be resolved by giving preference to the Bond Documents. (f) Relationship of Parties. The Department and its agents and employees involved in the performance of this Ground Lease shall act in an independent capacity and not as officers, employees or agents of the Participating County. (g) Successors and Assigns. The terms and provisions hereof shall extend to and be binding upon and inure to the benefit of the successors and assigns of the respective Parties. (h) Partial Invalidity. If any one or more of the terms, provisions, covenants or conditions of this Ground Lease shall to any extent be declared invalid, unenforceable, void or voidable for any reason by a court of competent jurisdiction and the finding or order or decree of which becomes final, none of the remaining terms, provisions, covenants or conditions of this Ground Lease shall be affected thereby, and each provision of this Ground Lease shall be valid and enforceable to the fullest extent permitted by law. (i) Notices. All notices herein which are to be given or which may be given by either Party to the other, shall be in writing and shall be deemed to have been given three (3) business days after deposit in the United States Mail, certified and postage prepaid, return receipt requested and addressed as follows: [To the Department: California Department of Corrections and Rehabilitation 9838 Old Placerville Road, Suite B Sacramento, CA 95827 Attention: Deputy Director, Facility Planning, Construction and Management Facsimile: 916-322-5717] February 7, 2017 Contra Costa County Board of Supervisors Minutes 333 15 Ground Lease July 22, 2014 To the Board: State Public Works Board 915 L Street, 9th Floor Sacramento, CA 95814 Attention: Executive Director Facsimile: 916-449-5739 To the Participating County: County of [ENTER COUNTY NAME] [ENTER STREET ADDRESS] [ENTER CITY, STATE AND ZIP CODE] Attention: [ENTER POSITION TITLE] Facsimile: [ENTER FAX NUMBER] Nothing herein contained shall preclude the giving of any such written notice by personal service, in which event notice shall be deemed given when actually received. The address to which notices shall be mailed to a Party may be changed by written notice given to all Parties as hereinabove provided. (j) Execution and Counterparts. This Ground Lease may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same Ground Lease. It is also agreed that separate counterparts of this Ground Lease may separately be executed by the signatories to this Ground Lease, all with the same force and effect as though the same counterpart had been executed by all of the signatories. (k) Bankruptcy. In the event of any bankruptcy proceeding, this Ground Lease will not be treated as an executory contract and cannot be rejected by the Participating County. (l) Exhibits. The following Exhibits are attached to this Ground Lease and incorporated by reference herein. Exhibit A: Project Description Exhibit B: Legal Description of the Site Exhibit C: Form of Easement Agreement for Grants of Access, Utilities and Repairs Exhibit D: Form of Legal Opinion Letter Exhibit E: List of the Permitted Encumbrances Exhibit F: Pending and Threatened Lawsuits [SIGNATURE PAGE TO IMMEDIATELY FOLLOW] February 7, 2017 Contra Costa County Board of Supervisors Minutes 334 16 Ground Lease July 22, 2014 IN WITNESS WHEREOF, the Parties hereto have caused this Ground Lease to be executed by their respective officers thereunto duly authorized, all as of the day and year first written above. [PARTICIPATING COUNTY] By: Name: Title: [DEPARTMENT OF CORRECTIONS AND REHABILITATION OF THE STATE OF CALIFORNIA] By: Name: Title: CONSENT: STATE PUBLIC WORKS BOARD OF THE STATE OF CALIFORNIA By: Name: Title: [Executive Director or Deputy Director] Date: APPROVED: DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA (Pursuant to Government Code Section 11005) By: Name: Title: February 7, 2017 Contra Costa County Board of Supervisors Minutes 335 17 Ground Lease July 22, 2014 State of California ) County of ) On ________________, 20__ before me, , notary, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) February 7, 2017 Contra Costa County Board of Supervisors Minutes 336 18 Ground Lease July 22, 2014 State of California ) County of ) On ________________, 20__ before me, , notary, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) February 7, 2017 Contra Costa County Board of Supervisors Minutes 337 19 Ground Lease July 22, 2014 CERTIFICATE OF ACCEPTANCE This is to certify that, pursuant to Section 27281 of the California Government Code, the interest in real property conveyed by the Ground Lease dated as of ________, 20__ for reference only from the County of ______, a Political Subdivision of the State of California to the State of California on behalf of the Department of Corrections and Rehabilitation of the State of California is hereby accepted by the undersigned officer on behalf of the State Public Works Board pursuant to authority conferred by said Board in its duly adopted delegation resolution on December 13, 2013. Note to Recorder: If this certificate is for a correction deed, all corrections and/or changes to the previously recorded deed must be reviewed and accepted by the State prior to recording a correction deed. All correction deeds require a new Certificate of Acceptance dated subsequent to recordation of the original deed or the most recent correction deed if any. ACCEPTED STATE PUBLIC WORKS BOARD OF THE STATE OF CALIFORNIA By: __________________________________ Date: Name: Title: APPROVED [DEPARTMENT OF CORRECTIONS AND REHABILITATION OF THE STATE OF CALIFORNIA] By: __________________________________ Date: Name: Title: APPROVED DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA (Pursuant to Government Code Section 11005) By: __________________________________ Date: Name: Title: February 7, 2017 Contra Costa County Board of Supervisors Minutes 338 A-1 Ground Lease July 22, 2014 EXHIBIT A (Project Description) (to be inserted) February 7, 2017 Contra Costa County Board of Supervisors Minutes 339 B-1 Ground Lease July 22, 2014 EXHIBIT B (Legal Description of the Site) (to be inserted) February 7, 2017 Contra Costa County Board of Supervisors Minutes 340 C-1 Ground Lease July 22, 2014 EXHIBIT C (Form of Easement Agreement for Grants of Access, Utilities and Repairs) RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: _________________ _________________ _________________ _________________ NO DOCUMENTARY TRANSFER TAX DUE. This Ground Lease is recorded for the benefit of the State of California and is exempt from California transfer tax pursuant to Section 11928 of the California Revenue and Taxation code and from recording fees pursuant to Sections 6103 and 27383 of the California Government Code. [THE AREA ABOVE IS RESERVED FOR RECORDER’S USE] EASEMENT AGREEMENT FOR GRANTS OF ACCESS, UTILITIES AND REPAIRS This Easement Agreement for Grants of Access, Utilities and Repairs (this “Easement Agreement”), dated for reference only as of _________, 20__, is made by and between COUNTY OF ______________, (the “Participating County”), a Political Subdivision of the State of California, as grantor, and the [“DEPARTMENT OF CORRECTIONS AND REHABILITATION” OR BOARD OF STATE AND COMMUNITY CORRECTIONS”] OF THE STATE OF CALIFORNIA (the “Department”), an entity of state government of the State of California, as grantee. RECITALS A. The Participating County, as landlord, and the Department as tenant, entered into a ground lease dated as of __________, 20__ for reference only, (the “Ground Lease”) for the lease of that certain real property located in the County of [___________] and more particularly described in Exhibit 1, attached hereto and incorporated herein by this reference (the “Site”); and B. The Ground Lease provides that the Participating County, as owner of certain real property adjacent to the Site, shall grant Easements to the Department in the Easement Property, which is more particularly described in Exhibit 2, attached hereto and incorporated herein by this reference; and C. The Participating County and the Department desire to the grant of Easements in the Easement Property on the terms and conditions contained in this Easement Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto hereby agree as follows: February 7, 2017 Contra Costa County Board of Supervisors Minutes 341 C-2 Ground Lease July 22, 2014 1. Definitions. Unless otherwise required by the context, all capitalized terms used herein and not defined herein shall have the meanings assigned to such terms in the Ground Lease or the Project Delivery and Construction Agreement. 2. Grant and Description of Easements. 2.1 Grant of Access Easement. The Participating County, as the owner of the Easement Property, hereby establishes and grants to and for the benefit of the Department and the Board and their respective contractors, subcontractors, employees, lessees, licensees, permittees, successors and assigns a non-exclusive easement over and across the Easement Property as shown in Exhibit 2 hereto for purposes of ingress and egress to and from the Site and the Project (the “Access Easement”); provided, however, that rights pursuant to such Access Easement shall only be exercised if there is no reasonable access to the Site and the Project via adjacent public streets and roadways and subject to the security limitations set forth in Section 2.3 hereof; and provided further, that such Access Easement is only effective (i) during such times where the Department, or its lessees, successors or assigns, is in possession of the Facility and is responsible for maintenance and repair of the Facility under the terms of the Facility Sublease or (ii) during such times where the Board, or its lessees, successors or assigns, is in possession of the Facility and is responsible for maintenance and repair of the Facility under the terms of the Facility Lease. 2.2 Grant of Utilities and Repairs Easement. The Participating County, as the owner of the Easement Property, hereby grants to and for the benefit of the Department and the Board and their respective contractors, subcontractors, employees, lessees, licensees, permittees, successors and assigns a non-exclusive easement across, over and under the Easement Property as shown in Exhibit 2 hereto for the purpose of: a) installation, maintenance and replacement of utility wires, cables, conduits and pipes for “Utilities”, as defined below; and b) other purposes and uses necessary or desirable for the repair, operation and maintenance of the Facility (the “Utilities and Repairs Easement” and together with the Access Easement, the “Easements”); provided, however, that such Utilities and Repairs Easement is subject to the security limitations set forth in Section 2.3 hereof; and; provided further, that such Utilities and Repairs Easement is only effective (i) during such times where the Department, or its lessees, successors or assigns, is in possession of the Facility and is responsible for maintenance and repair of the Facility under the terms of the Facility Sublease or (ii) during such times where the Board, or its lessees, successors or assigns, is in possession of the Facility and is responsible for maintenance and repair of the Facility under the terms of the Facility Lease. “Utilities” shall mean any and all wet and dry utilities (including sewer) necessary or required to service the Facility, including, without limitation, all electrical, natural gas, water, sewer, telephone, data, and other telecommunications services. 2.3 Security Limitation on Easements. The exercise of the rights granted under the Easements will be expressly subject to the limitations and requirements imposed by the Participating County’s customary security measures for the Participating County’s facilities that may be located on the Easement Property (the “Security Measures”). Prior to the exercise of any rights under the Easements, the Department or the Board, as the case may be, or their respective lessees, successors or assigns shall contact the [Title of Appropriate Individual at Participating County] to ensure that such exercise of rights granted under the Easements will be in compliance February 7, 2017 Contra Costa County Board of Supervisors Minutes 342 C-3 Ground Lease July 22, 2014 with the requirements of the Security Measures. 3. No Unreasonable Interference. The Participating County shall not conduct any activity on, under or about the Easement Property that would unreasonably interfere with the use of the Easements. 4. Term of Easement Agreement; No Termination by Breach. The term of this Easement Agreement shall be coextensive with the Term of the Ground Lease, as such Term may be extended or terminated as provided in the Ground Lease. No breach of this Easement Agreement shall entitle any of the parties hereunder to cancel, rescind, or otherwise terminate this Easement Agreement, but such limitation shall not affect in any manner any other rights or remedies which a party may have hereunder by reason of any breach. 5. Character. The Easements granted by this Easement Agreement shall be appurtenant to the Site and nonexclusive and for the use and benefit of the Department and the Board. This Easement Agreement is not intended to grant a fee interest in the Easement Property, nor is it intended to be a lease or a license. The Department acknowledges that the Easements herein granted are nonexclusive easements and that the Participating County and its successors and assigns may grant one or more additional non-exclusive easements in the Easement Property to third parties, so long as the rights granted by such easements do not materially interfere with or hinder the use of the Easements by the Department or the Board or that of their respective lessees, successors or assigns. 6. Covenants Running with the Land; Binding on Successors. Pursuant to California Civil Code section 1468, this Easement Agreement and the Easements are covenants related to the use, repair, maintenance and improvement of the properties benefited and burdened hereby, and, as such, the covenants set forth herein shall be binding upon the Easement Property and shall be binding upon all parties having or in the future acquiring any interest in the Easement Property. 7. Binding Effect. This Easement Agreement shall be binding on and shall inure to the benefit of the lessees, successors and assigns of the Participating County, the Department, and the Board. 8. Recordation of Easement Agreement. This Easement Agreement shall be recorded in the Official Records of [ENTER COUNTY NAME] County, State of California, and shall serve as notice to all parties succeeding to the interest of the parties hereto that their use of the Site and the Project and the Easement Property shall be benefited or restricted, or both, in the manner herein described. 9. Entire Agreement; Amendments. This Easement Agreement contains the entire agreement of the parties hereto relating to the Easements herein granted. Any representations or modifications concerning this Easement Agreement shall be of no force and effect, excepting a subsequent modification in writing, signed by the Department and approved by the Board and the current owner of the Easement Property and recorded in the Official Records of [ENTER COUNTY NAME] County, State of California. 10. Warranty of Authority. The Participating County represents and warrants as of February 7, 2017 Contra Costa County Board of Supervisors Minutes 343 C-4 Ground Lease July 22, 2014 the Effective Date that (i) it is the legal owner of the Easement Property, (ii) it has full power and authority to place the encumbrance of this Easement Agreement on the Easement Property, (iii) it has not conveyed (or purported to convey) any right, title or interest in or to the Easement Property, except as has been disclosed in writing to the Department prior to the Effective Date, and (iv) if necessary, it has the written consent of any lenders, tenants and subtenants of the Easement Property to the terms and conditions of this Easement Agreement. 11. Counterparts. This Easement Agreement may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. IN WITNESS WHEREOF, the parties hereto have caused this Easement Agreement to be executed by their respective officers thereunto duly authorized, all as of the day and year first written above. THE COUNTY OF [COUNTY] By: Name: Title: [DEPARTMENT OF CORRECTIONS AND REHABILITATION OF THE STATE OF CALIFORNIA] By: Name: Title: CONSENT: STATE PUBLIC WORKS BOARD OF THE STATE OF CALIFORNIA By: Name: Title: [Executive Director or Deputy Director] APPROVED: DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA (Pursuant to Government Code Section 11005) By: Name: Title: February 7, 2017 Contra Costa County Board of Supervisors Minutes 344 C-5 Ground Lease July 22, 2014 State of California ) County of ) On ________________, 20__ before me, , notary, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) February 7, 2017 Contra Costa County Board of Supervisors Minutes 345 C-6 Ground Lease July 22, 2014 State of California ) County of ) On ________________, 20__ before me, , notary, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) February 7, 2017 Contra Costa County Board of Supervisors Minutes 346 C-7 Ground Lease July 22, 2014 CERTIFICATE OF ACCEPTANCE This is to certify that, pursuant to Section 27281 of the California Government Code, the easement interest in real property conveyed by the Easement Agreement for Grants of Access Utilities, and Repairs dated as of ________, 20__ for reference only from the County of ______, a Political Subdivision of the State of California to the State of California on behalf of the Department of Corrections and Rehabilitation of the State of California is hereby accepted by the undersigned officer on behalf of the State Public Works Board pursuant to authority conferred by said Board in its duly adopted delegation resolution on December 13, 2013. Note to Recorder: If this certificate is for a correction deed, all corrections and/or changes to the previously recorded deed must be reviewed and accepted by the State prior to recording a correction deed. All correction deeds require a new Certificate of Acceptance dated subsequent to recordation of the original deed or the most recent correction deed if any. ACCEPTED STATE PUBLIC WORKS BOARD OF THE STATE OF CALIFORNIA By: __________________________________ Date: Name: Title: APPROVED [DEPARTMENT OF CORRECTIONS AND REHABILITATION OF THE STATE OF CALIFORNIA] By: __________________________________ Date: Name: Title: APPROVED DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA (Pursuant to Government Code Section 11005) By: __________________________________ Date: Name: Title: February 7, 2017 Contra Costa County Board of Supervisors Minutes 347 Exhibit 1-1 Ground Lease July 22, 2014 EXHIBIT 1 TO EASEMENT AGREEMENT LEGAL DESCRIPTION OF THE SITE (To Be Attached) February 7, 2017 Contra Costa County Board of Supervisors Minutes 348 Exhibit 2-1 Ground Lease July 22, 2014 EXHIBIT 2 TO EASEMENT AGREEMENT LEGAL DESCRIPTION OF THE EASMENT PROPERTY (To Be Attached) February 7, 2017 Contra Costa County Board of Supervisors Minutes 349 D-1 Ground Lease July 22, 2014 EXHIBIT D (Form of Legal Opinion Letter) [LEGAL COUNSEL LETTERHEAD] [Client] State Public Works Board of the State of California Sacramento, California Re: Ground Lease By and Between [insert name of the Participating County] and the Department for the [insert name of the Project] Located at [insert address of the Site] Ladies and Gentlemen: I am legal counsel for [insert name of client] with respect to the above referenced matter. I have examined originals or copies, certified or otherwise identified to my satisfaction, of such documents, exhibits, public records and other instruments in connection with the Ground Lease dated as of _____________, 20__ for reference only between [insert name of the Participating County], as landlord, and the Department of Corrections and Rehabilitation of the State of California (the “Department”), as tenant, (the “Ground Lease”), and have conducted such other investigations of fact and law as I have deemed necessary for the purpose of this opinion. I am of the opinion that: [Use one of the following alternatives] [Alternative 1: If the Participating County is the client] 1. The [insert name of the Participating County] is a political subdivision of the State of California created in accordance with the provisions of the Constitution of the State of California, with full legal right, power and authority to enter into and perform its obligations under the Ground Lease [if easements are being granted under the terms of an Easement Agreement in the form of Exhibit C to the Ground Lease, add: “and Easement Agreement in the form attached as Exhibit C to the Ground Lease” and revise letter accordingly]. [Alternative 2: If the Department is the client] 1. The Department is an entity of state government of the State of California with full legal right, power and authority to enter into and perform its obligations under the Ground February 7, 2017 Contra Costa County Board of Supervisors Minutes 350 D-2 Ground Lease July 22, 2014 Lease [if easements are being granted under the terms of an Easement Agreement in the form of Exhibit C to the Ground Lease, add: “and Easement Agreement in the form attached as Exhibit C to the Ground Lease” and revise letter accordingly]. [The following provisions apply regardless of the client] 2. The Ground Lease [and Easement Agreement] [has/have] been duly authorized, executed and delivered by [insert name of client], and [is/are] valid and binding upon and enforceable against the [insert name of client] in accordance with [its/their] terms if [it is/they are] in like fashion valid and binding upon and enforceable against the respective other parties thereto, except that enforceability may be limited by bankruptcy, insolvency and other laws affecting the enforcement of creditors’ rights generally and by the application of equitable principles if equitable remedies are sought. 3. The execution and delivery by the [insert name of client] of the Ground Lease [and Easement Agreement] and compliance with the provisions thereof do not and will not materially conflict with or constitute on the part of the [insert name of client] a breach of or a default under the law, administrative regulation, judgment, decree or any agreement or other instrument known to me which the [insert name of client] is a party or otherwise subject. 4. All actions on the part of the [insert name of client] necessary for the execution and performance of the Ground Lease [and Easement Agreement] have been duly and effectively taken, and no consent, authorization or approval of, or filing or registration with, any governmental or regulatory officer or body not already obtained or not obtainable in due course by the [insert name of client] is required to be obtained by the [insert name of client] for the making and performance of the Ground Lease [and Easement Agreement] . 5. There is no action, suit or proceeding pending (with the service of process having been accomplished) to restrain or enjoin the execution and delivery of the Ground Lease [and Easement Agreement], or in any way contesting or affecting the validity of the Ground Lease [and Easement Agreement]. Very truly yours, [INSERT NAME OF CLIENT] By: _______________________________ Name: _____________________________ Its: ________________________________ February 7, 2017 Contra Costa County Board of Supervisors Minutes 351 E-1 Ground Lease July 22, 2014 EXHIBIT E (List of the Permitted Encumbrances) (to be inserted) [1. Right of Entry for Construction and Operation] February 7, 2017 Contra Costa County Board of Supervisors Minutes 352 F-1 Ground Lease July 22, 2014 EXHIBIT F (Pending and Threatened Lawsuits) (to be inserted) February 7, 2017 Contra Costa County Board of Supervisors Minutes 353 Page 1 of 5 Right of Entry for Construction and Operation July 22, 2014 Location of Site RIGHT OF ENTRY FOR CONSTRUCTION AND OPERATION Agency: [Department of Corrections and Rehabilitation of the State of California] Real Property: This RIGHT OF ENTRY FOR CONSTRUCTION AND OPERATION AGREEMENT (this “License”) is entered into as of _________ __, 20__, by and between the [“DEPARTMENT OF CORRECTIONS AND REHABILITATION OR “BOARD OF STATE AND COMMUNITY CORRECTIONS”] OF THE STATE OF CALIFORNIA (the “Department”), an entity of state government of the State of California (the “State”), as licensor, and the COUNTY OF [ENTER COUNTY NAME] (the “Participating County”), a political subdivision of the State of California, as licensee. The Department and the Participating County are sometimes individually referred to as “Party” and collectively as “Parties”. RECITALS WHEREAS, pursuant to [ENTER STATUTE] of the California Government Code, the State Public Works Board (the “Board”) is authorized to finance the acquisition, design and construction of a jail facility approved by the Board of State and Community Corrections (the “BSCC”) pursuant to Section [ENTER STATUTE] of the California Government Code (the “[ENTER PROGRAM NAME] Financing Program”); and WHEREAS, the Participating County has proposed to build a jail facility, the __________ project (the “Project”), to be located at [ENTER PHYSICAL ADDRESS], real property controlled by the Participating County through fee-simple ownership (the “Site”); and WHEREAS, contemporaneous with entry into this License, Participating County intends to lease the Site to the Department pursuant to a Ground Lease executed by and between the Participating County and the Department and consented to by the Board (the “Ground Lease”); and WHEREAS, the Department, as lessee under the Ground Lease intends to provide the Participating County access to the Site for the purpose of jail construction-related activities and for operation of the Project upon substantial completion of construction. WITNESSETH NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual agreements by the Parties set forth herein and other good and valuable consideration, this License is subject to the following terms and conditions: February 7, 2017 Contra Costa County Board of Supervisors Minutes 354 Page 2 of 5 Right of Entry for Construction and Operation July 22, 2014 1. Grant of License – The Department hereby grants to the Participating County, its employees, consultants, representatives and contractors a non-exclusive, temporary license to enter the Site for site analysis, Project construction-related activities, and for operation of the Project upon substantial completion of construction (“Activities”), all as contemplated by that certain Project Delivery and Construction Agreement by and among the Department, the Board, the BSCC and the Participating County (the “PDCA”). This License is subordinate to all prior or future rights and obligations of the Department and the Board in the Site, except that the Department and the Board shall grant no rights inconsistent with the reasonable exercise by the Participating County of its rights under this License. 2. License Term – This License shall commence on the Effective Date of the Ground Lease and shall terminate on the date of termination of the PDCA (the “Term”). 3. Compliance with Laws – The Participating County shall conduct all Activities in compliance with all Federal, State and municipal statutes and ordinances, and with all regulations, orders and directives of appropriate governmental agencies (“Laws and Regulations”), as such Laws and Regulations exist during the Term of this License. 4. Inspections – The Department, the Board, and their representatives, employees, agents or independent contractors may enter and inspect the Site or any portion thereof or any improvements thereon, and the Project at any time and from time to time at reasonable times to verify the Participating County’s compliance with the terms and conditions of this License. 5. Special Condition – In the performance of the required studies and tests, the Participating County acknowledges that the Participating County will practice all due diligence to protect the Site. 6. Cooperation – In the event the Department or the Board has business on the Site or the Project, the Participating County agrees to coordinate the Activities with the Department or the Board to minimize any impairment of access to the Site or the Project and any inconvenience to or disruption of the Department’s or the Board 's business. Department and Board agree to coordinate their business at the Site or the Project so as to minimize any delay or disruption of the Participating County’s Activities. 7. Indemnity – As required by California Government Code Section [ENTER STATUTE] the Participating County hereby agrees that it shall indemnify, defend and save harmless the State, including but not limited to the Board, CDCR and BSCC, and each of their respective officers, governing members, directors, officials, employees, subcontractors, consultants, and agents (collectively, “Indemnitees”) for any and all claims and losses arising out of the acquisition, design, construction, and operation of the Project, including, but not limited to all demands, causes of actions and liabilities of every kind and nature whatsoever arising out of, related to, or in connection with (a) any breach of this License by the Participating County; (b) operation, maintenance, use and occupancy of the Project; (c) any acts or omissions of any contractor hired by the Participating February 7, 2017 Contra Costa County Board of Supervisors Minutes 355 Page 3 of 5 Right of Entry for Construction and Operation July 22, 2014 County or its agents or subcontractor hired by such contractor; and (d) personal injury, bodily injury or property damage resulting from the Activities of the Participating County, its employees, consultants, representatives and contractors (collectively, “Claims”). The Participating County’s obligation to indemnify, defend and save harmless the Indemnitees shall extend to all Claims arising, occurring, alleged, or made at any time, including prior to, during, or after the period that this License is in full force and effect. The Participating County shall not be obligated to provide indemnity or defense for an Indemnitee where the claim arises out of the active negligence or willful misconduct of the Indemnitee. The indemnification obligations of the Participating County set forth in this Section shall survive any termination of this License. 8. Insurance – The Participating County shall maintain the following insurances: 1) Commercial General Liability with limits of no less than one million dollars ($1,000,000) per occurrence and Fire Legal Liability of no less than five hundred thousand dollars ($500,000); 2) Automobile Liability with a combined single limit of no less than one million dollars ($1,000,000) per accident and 3) Workers Compensation as required by law and Employers Liability with limits of no less than one million dollars ($1,000,000) per occurrence. The Participating County shall be solely responsible for monitoring and ensuring that the necessary Workers Compensation Insurance is in effect for all persons entering onto the Site. 9. Utilities – The Department makes no guarantee as to the reliability or availability of utility services. The Department shall not supply any utility services to the Site or the Project. 10. Taxes and Assessments – It is expressly understood that this License is not exclusive and does not in any way whatsoever grant or convey any permanent easement, lease, fee or other interest in the Site or the Project to the Participating County. Any such acquisition of use rights shall be separate agreements at the sole discretion of the Department and the Board. Should taxes or assessments be levied upon any interest in this License, the Participating County agrees to pay all lawful taxes, assessments or charges created by this License. It is understood that this License may create a possessory interest subject to property taxation and the Participating County may be subject to the payment of property taxes levied on such interest. 11. Continuing Liability – No termination of this License shall release the Participating County from any liability or obligations hereunder resulting from any acts, omissions or events happening prior to the termination of this License and restoration of the Site to its prior condition. 12. Attorneys’ Fees – In the event of a dispute between the Parties with respect to the terms or condition of this License, it is agreed that each Party, including the prevailing Party, must bear its own costs and attorneys’ fees. 13. Assignment, Subletting and Change in Use – The Participating County shall not transfer or assign this License and shall not sublet, license, permit or suffer any use of the Site or the Project or any part thereof. February 7, 2017 Contra Costa County Board of Supervisors Minutes 356 Page 4 of 5 Right of Entry for Construction and Operation July 22, 2014 14. Notices – a. All notices or other communications required or permitted hereunder shall be in writing and shall be personally delivered (including by means of professional messenger service), sent by overnight courier, or sent by registered or certified mail, postage prepaid, return receipt requested to the addresses set forth below. b. All such notices or other communications shall be deemed received upon the earlier of 1) if personally delivered or sent by overnight courier, the date of delivery to the address of the person to receive such notices or 2) if mailed as provided above, on the date of receipt or rejection. [To the Department: California Department of Corrections and Rehabilitation 9838 Old Placerville Road, Suite B Sacramento, CA 95827 Attention: Deputy Director, Facility Planning, Construction and Management Facsimile: 916-322-5717] To the Board: State Public Works Board 915 L Street, 9th Floor Sacramento, CA 95814 Attention: Executive Director Facsimile: 916-449-5739 To the Participating County: __________________ [County Name] __________________ [Address 1] __________________ [Address 2] Attention: _________ Facsimile: _________ c. Notice of change of address or telephone number shall be given by written notice in the manner described in this Paragraph. The Participating County is obligated to notice all State offices listed above and the failure to provide notice to all State offices will be deemed to constitute a lack of notice. 15. Entire Agreement – This License contains all the agreements of the Parties regarding right of entry for construction and supersedes any prior License or negotiations. There have been no representations by the Department or understandings made between the Department and the Participating County regarding right of entry for construction and operation other than those set forth in this License. This License may not be modified except by a written instrument duly executed by the Parties hereto with the consent of the Board. February 7, 2017 Contra Costa County Board of Supervisors Minutes 357 Page 5 of 5 Right of Entry for Construction and Operation July 22, 2014 16. Counterparts – This License may be executed in one or more counterparts, each of which shall be deemed as original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Parties have executed this License by their duly authorized representatives on the date first above written. THE COUNTY _______________ By: Name: Title: [DEPARTMENT OF CORRECTIONS AND REHABILITATION OF THE STATE OF CALIFORNIA] By: Name: Title: CONSENT: STATE PUBLIC WORKS BOARD OF THE STATE OF CALIFORNIA By: Name: Title: [Executive Director or Deputy Director] APPROVED: DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA (Pursuant to Government Code Section 11005) By: Name: Title: February 7, 2017 Contra Costa County Board of Supervisors Minutes 358 February 7, 2017 Contra Costa County Board of Supervisors Minutes 359 February 7, 2017 Contra Costa County Board of Supervisors Minutes 360 February 7, 2017 Contra Costa County Board of Supervisors Minutes 361 February 7, 2017 Contra Costa County Board of Supervisors Minutes 362 February 7, 2017 Contra Costa County Board of Supervisors Minutes 363 February 7, 2017 Contra Costa County Board of Supervisors Minutes 364 February 7, 2017 Contra Costa County Board of Supervisors Minutes 365 February 7, 2017 Contra Costa County Board of Supervisors Minutes 366 February 7, 2017 Contra Costa County Board of Supervisors Minutes 367 February 7, 2017 Contra Costa County Board of Supervisors Minutes 368 February 7, 2017 Contra Costa County Board of Supervisors Minutes 369 February 7, 2017 Contra Costa County Board of Supervisors Minutes 370 February 7, 2017 Contra Costa County Board of Supervisors Minutes 371 February 7, 2017 Contra Costa County Board of Supervisors Minutes 372 February 7, 2017 Contra Costa County Board of Supervisors Minutes 373 February 7, 2017 Contra Costa County Board of Supervisors Minutes 374 February 7, 2017 Contra Costa County Board of Supervisors Minutes 375 February 7, 2017 Contra Costa County Board of Supervisors Minutes 376 February 7, 2017 Contra Costa County Board of Supervisors Minutes 377 February 7, 2017 Contra Costa County Board of Supervisors Minutes 378 February 7, 2017 Contra Costa County Board of Supervisors Minutes 379 February 7, 2017 Contra Costa County Board of Supervisors Minutes 380 February 7, 2017 Contra Costa County Board of Supervisors Minutes 381 February 7, 2017 Contra Costa County Board of Supervisors Minutes 382 February 7, 2017 Contra Costa County Board of Supervisors Minutes 383 February 7, 2017 Contra Costa County Board of Supervisors Minutes 384 February 7, 2017 Contra Costa County Board of Supervisors Minutes 385 February 7, 2017 Contra Costa County Board of Supervisors Minutes 386 February 7, 2017 Contra Costa County Board of Supervisors Minutes 387 February 7, 2017 Contra Costa County Board of Supervisors Minutes 388 February 7, 2017 Contra Costa County Board of Supervisors Minutes 389 February 7, 2017 Contra Costa County Board of Supervisors Minutes 390 February 7, 2017 Contra Costa County Board of Supervisors Minutes 391 February 7, 2017 Contra Costa County Board of Supervisors Minutes 392 February 7, 2017 Contra Costa County Board of Supervisors Minutes 393 February 7, 2017 Contra Costa County Board of Supervisors Minutes 394 February 7, 2017 Contra Costa County Board of Supervisors Minutes 395 February 7, 2017 Contra Costa County Board of Supervisors Minutes 396 February 7, 2017 Contra Costa County Board of Supervisors Minutes 397 February 7, 2017 Contra Costa County Board of Supervisors Minutes 398 February 7, 2017 Contra Costa County Board of Supervisors Minutes 399 February 7, 2017 Contra Costa County Board of Supervisors Minutes 400 February 7, 2017 Contra Costa County Board of Supervisors Minutes 401 February 7, 2017 Contra Costa County Board of Supervisors Minutes 402 February 7, 2017 Contra Costa County Board of Supervisors Minutes 403 February 7, 2017 Contra Costa County Board of Supervisors Minutes 404 February 7, 2017 Contra Costa County Board of Supervisors Minutes 405 February 7, 2017 Contra Costa County Board of Supervisors Minutes 406 February 7, 2017 Contra Costa County Board of Supervisors Minutes 407 February 7, 2017 Contra Costa County Board of Supervisors Minutes 408 February 7, 2017 Contra Costa County Board of Supervisors Minutes 409 February 7, 2017 Contra Costa County Board of Supervisors Minutes 410 February 7, 2017 Contra Costa County Board of Supervisors Minutes 411 February 7, 2017 Contra Costa County Board of Supervisors Minutes 412 BOARD OF STATE AND COMMUNITY CORRECTIONS JAIL CONSTRUCTION AGREEMENT STATE OF CALIFORNIA FOR __________________________________________ This Board of State and Community Corrections Jail Construction Agreement (“Agreement”) is entered into as of ___________ __, 20__ (“Effective Date”), by and between the Board of State and Community Corrections (“BSCC”), an entity of the state government of the State of California (“State”), and _______________ (“Participating County”), a Political Subdivision of the State. BSCC and Participating County are referred to collectively herein as the “Parties,” and individually as a “Party.” WHEREAS, Participating County has proposed to build a jail facility as more particularly described in Exhibit B attached hereto (“Project”) located at ___________________ (“Site”) under Chapter 3.12, Part 10b of Division 3 of Title 2 of the California Government Code and the corresponding regulations set forth in Title 15, Division 1, Chapter 1, Subchapter 6 of the California Code of Regulations (collectively, the “AB 900 Jail Financing Program”). RECITALS WHEREAS, this Agreement is being executed concurrently with the execution of the Project Delivery and Construction Agreement (“PDCA”) entered into between the Participating County, BSCC, the State Public Works Board of the State of California (“Board”) and the Department of Corrections and Rehabilitation (“Department”). The Department, the Board and BSCC are referred to collectively herein as “Agencies.” WHEREAS, the purpose of this Agreement is to set forth the roles, responsibilities and performance expectations of the Parties with respect to the Participating County’s construction of the Project under the authority of the BSCC and the procedures for reimbursement by the State of those Participating County costs eligible for reimbursement as provided for under the AB 900 Jail Financing Program. This Agreement is intended to be read in conjunction with the other agreements necessary for the construction and financing of the Project under the AB 900 Jail Financing Program including, without limitation, the PDCA and the other agreements described in the PDCA recitals. Nothing in this Agreement is intended to amend or modify the rights and obligations of the Parties under those other agreements including, without limitation, the PDCA. WHEREAS, the Total Project Costs for the Project shall be defined in Article 3, Section 3.1(a) of the PDCA. The State will provide financing (“State Financing”) (up to a maximum of ________________ dollars ($___________) (“Maximum State Financing”)) and the Participating County will provide the Cash (hard) Match (as defined in Article 6(C) below) and the In -Kind (soft) Match (as defined in Article 6(C) below) (with the Cash (hard) Match and the In-kind (soft) Match collectively referred to as “Participating County Funding” and together with the Maximum State Financing, the “Total Eligible Project Costs”.) Total Eligible Project Costs shall be used in determining Cash (hard) Match credit and In-kind (soft) Match credit to the Participating Counties as specified in Exhibit A to this Agreement. As stated in Article 1, Section 1.3 of the PDCA, the AB 900 Jail Financing Program is predicated on the Board’s ability February 7, 2017 Contra Costa County Board of Supervisors Minutes 413 to issue bonds for the Project. NOW, THEREFORE, in consideration of the promises and of the mutual agreements, provisions and covenants contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: ARTICLE 1. TERM AND TERMINATION A. Term B. . This Agreement shall commence on the Effective Date and shall terminate upon the completion and State acceptance of the Final Audit (as defined below in Article 4(C)) unless terminated earlier as provided in Article 1(C) below. Survival C. . The provisions of Articles 1(C)(3), 1(C)(4), 3(D), 4(C), 4(D), 6(B)(5), 6(B)(6), 9, 10 and 11, and Articles 3, 4, 5, 6, 7, 8, and 10, 11 of Exhibit A shall survive termination of the Agreement. Termination 1. BSCC in consultation with the other Agencies may terminate this Agreement in the event any of the following events or conditions occurs: . (a) Participating County’s breach of a material term of this Agreement, any Project Document or any Applicable Laws provided Participating County has not cured such breach in all respects within such thirty (30) day period, which cure period may be extended for a reasonable time with the consent of BSCC if the Participating County demonstrates that such additional time is required to cure such breach in a diligent and commercially reasonable manner; (b) Termination of the PDCA as provided for in Article 2, Section 2.2(a)(i)–(v) and (b) of the PDCA; (c) Substantive alteration of the scope, cost or schedule of the Project without the prior written approval of BSCC and the Board as required under this Agreement and the PDCA; or (d) Participating County’s refusal or inability to complete the Project in a manner consistent with the Agreement, and the other Project Documents (as defined below in Article 3) including all timelines, plans, and specifications as approved by BSCC, or refusal or inability to comply with any Applicable Law. 2. The Participating County may, prior to the State providing any amount of financing, terminate this Agreement in the event any of the following occurs: (a) The State’s breach of a material term of this Agreement, any Project Document or any Applicable Laws provided the State has not cured such breach in all respects within thirty (30) days from notice of said breach, which cure period may be extended for a reasonable time with the consent of the Participating County if the State demonstrates that February 7, 2017 Contra Costa County Board of Supervisors Minutes 414 such additional time is required to cure such breach in a diligent and commercially reasonable manner; (b) Termination of the PDCA as provided for in Article 2, Section 2.2(a)(i)–(v) and (b) of the PDCA; (c) Failure of the State to execute the Ground Lease or the Right of Entry for Construction and Operation; or (d) In the event the Board determines the Participating County is no longer eligible for Project financing under the AB 900 Jail Financing Program as set forth in Article 1, Section 1.2 of the PDCA. 3. In the event of termination as provided in Article 1(C)(1), and unless the Parties agree in writing otherwise, Participating County shall, upon notification, refund to the Agencies an amount equal to all State Financing previously disbursed to the Participating County. Any State Financing so remitted to the Agencies may be subject to interest equal to the rate earned by the State Pooled Money Investment Account. Participating County shall not be required to refund any State Financing in the event of termination solely because, through no fault of Participating County, the Board determines it is not feasible or appropriate to issue bonds or is unable to issue bonds to finance the Participating County’s Project. 4. Nothing in this Article 1 in any way alters or limits the authority of BSCC or the Agencies to withhold State Financing in accordance with Applicable Laws (as defined below) or any other right or remedy available to the State at law or in equity for breach of the Agreement. ARTICLE 2. PROJECT OFFICIALS A. BSCC Representative B. . The BSCC Executive Director or his or her designee shall be the State’s representative (“Agency Representative”) for administration of this Agreement. Any amendment to this Agreement, including any exhibit, schedule or attachment hereto, shall be binding on the State only if signed by the Agency Representative. This Article 2(A) shall not limit any requirements for amendment of any other agreement that is a Project Document. Participating County Construction Administrator. The Participating County has appointed a County Construction Administrator as identified below. Participating County agrees that its County Construction Administrator shall be its representative for the administration of the Agreement and shall have full authority to act on behalf of the Participating County. Participating County agrees that all communications given to its County Construction Administrator shall be binding as if given to the Participating County. Participating County agrees that any documents required to be submitted to the Agencies, including but not limited to, quarterly progress reports and final project summary reports, shall be certified for accuracy by its County Construction Administrator in form reasonably acceptable to BSCC. Any Amendment to this Agreement and any other Project Document shall be binding on the Participating County only if signed or certified in form reasonably acceptable to BSCC by the County Construction Administrator. February 7, 2017 Contra Costa County Board of Supervisors Minutes 415 County Construction Administrator: ___________ Title: ___________ Address: ___________ City, State, Zip: ___________ Telephone: ___________ Facsimile: ___________ Email: ___________ C. Participating County Project Financial Officer Project Financial Officer: . The Participating County has appointed a Project Financial Officer as identified below. Participating County agrees that its Project Financial Officer shall be responsible for establishing an official project file and a separate account for depositing of funds paid under this Agreement, and ensuring that project accounting procedures and practices are in accordance with generally accepted government accounting principles and practices (see Accounting Standards and Procedures for Counties, California State Controller, Division of Local Government Fiscal Affairs) with adequate supporting documentation maintained in such detail so as to provide an audit trail which will permit tracing transactions from support documentation, to the accounting records, to the financial reports and billings. Participating County agrees that all fiscal documents, including all invoices and expenditure statements, required to be submitted to BSCC shall be certified for accuracy by its Project Financial Officer. ___________ Title: ___________ Address: ___________ City, State, Zip: ___________ Telephone: ___________ Facsimile: ___________ Email: ___________ D. Participating County Project Contact Person County Project Contact Person: . The Participating County has appointed a County Project Contact Person as identified below. Participating County agrees that its County Project Contact Person shall be responsible for coordinating and transmitting information to BSCC and receiving and disseminating information from BSCC. Participating County agrees that all communications given to its County Project Contact Person shall be binding as if given to the Participating County. ___________ Title: ___________ Address: ___________ City, State, Zip: ___________ Telephone: ___________ Facsimile: ___________ Email: ___________ Either Party may change its Project representatives upon written notice to the other Party. February 7, 2017 Contra Costa County Board of Supervisors Minutes 416 A RTICLE 3. PROJECT DOCUMENTS AND APPLICABLE LAWS. A. Project Documents. The Participating County agrees to construct the Project in accordance with the following agreements and documents each as may be amended in accordance with its terms and which, together with the Agreement, shall be referred to herein as the “Project Documents”: (1) BSCC Jail Construction Agreement Standard Conditions attached hereto as Exhibit A; (2) Participating County’s Project Proposal [Insert Name and Date of Participating County’s Bid Proposal] B. (“County Project Proposal”); (3) County Project Description Detail and Budget (“Project Description”) in the form attached hereto as Exhibit B; (4) Ground Lease, Right of Entry for Construction and Operation, Facility Lease and the Facility Sublease as those terms are defined in the PDCA; and (5) the PDCA . Applicable Laws 1. The Minimum Standards for Local Detention Facilities and Local Jail Construction Financing Program regulations contained in Title 15, Division 1, Chapter 1, Subchapters 4 and 6 of the California Code of Regulations (“CCR”). . The Participating County agrees to comply with all federal, state or local laws, regulations, rules, ordinances and guidelines applicable to the construction of the Project including, without limitation the following (collectively “Applicable Laws”): 2. The Minimum Standards for Local Detention Facilities and the fire and life safety regulations contained in Title 24 of the CCR. 3. California Public Contract Code. 4. California Environmental Quality Act (CEQA) contained in Section 21000 et seq. of the California Public Resources Code and Title 14, Division 6, Chapter 3, Sections 15000 et seq. of the CCR. 5. Accounting Standards and Procedures for Counties, California State Controller, Division of Local Fiscal Affairs. 6. Construction Financing Agreement Administration and Audit Guide. C. Incorporation of Approved Changes D. . Upon their completion, all Participating County assurances and submittals, submitted to and approved in writing by BSCC are incorporated herein by reference and made a part of this Agreement. Precedence. In the event of any inconsistency in the Project Documents, except as otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1) PDCA; 2) the Ground Lease (as defined in the PDCA); 3) this Agreement including the BSCC Jail Construction Agreement Standard Conditions attached hereto as Exhibit A; 4) the Right of Entry for Construction and Operation (as defined in the PDCA); 5) Participating County’s Project Proposal; 6) Participating County Project Description Detail and Budget; and 7) the Participating County’s proposal(s), modification(s), and submittals. In the event the Bonds are issued, any inconsistency between the Project Documents and the Bond Documents shall be resolved by giving precedence to the Bond Documents. To the extent the Parties mutually agree that a provision of a particular document should control with respect to an February 7, 2017 Contra Costa County Board of Supervisors Minutes 417 inconsistency between that document and another document or documents, notwithstanding the other provisions of this Section, such provision shall control. ARTICLE 4. PARTICIPATING COUNTY OBLIGATIONS Participating County agrees to the following covenants, assurances and submittals: A. Participating County’s Construction of Jail B. . The Participating County shall construct the Project to ensure and enable compliance with all Applicable Laws, and Participating County agrees that State Financing and Cash (hard) Match funds shall not supplant funds otherwise dedicated or appropriated for construction activities. No review or approval provided by the State, the Agencies or the State Fire Marshal of documents or submittals shall relieve Participating County of its obligation to design and construct the Project in accordance with this Agreement and all Applicable Laws including, without limitation environmental, procurement, safety and health, the AB 900 Jail Financing Program, and Titles 15 and 24 of the CCR. The Agencies’ review and approval of any Project Document is for the Agencies’ purposes only. No alleged failure or oversight related to the Agencies’ review of the Project or the Project Documents shall be construed as a wavier of any rights of the Agencies or the State of California, or construed as an excuse to performance by Participating County under this Agreement or any other agreement. All Plans (as defined below) prepared by the Participating County shall be consistent with the Participating County Project Proposal. Valley Fever C. . California is one of several states in the country with soils that may contain spores known to cause the disease Coccidioidomycosis (sometimes called “Valley Fever”), which spores may be transmitted through contact with dirt and fugitive dust associated with construction activities. The Participating County shall disclose this information to contractor in or prior to execution of a Construction Agreement. The Participating County, its contractor and any lower-tier subcontractors shall take appropriate precautionary measures designed to minimize the exposure of their respective employees and other workers, Agencies’ employees, and other individuals or personnel who may be present during construction activities. Record Keeping and Audit Requirements D. . Participating County shall keep such full and detailed account records as are necessary for proper financial management of the Project. Participating County shall maintain a complete and current set of all books and records relating to the design and construction of the Project. Agencies shall be entitled, upon forty- eight (48) hour written notice, to inspect all books, records, and accounts kept by Participating County relating to the work contemplated by this Agreement. Within ninety (90) calendar days after Final Completion (as defined below), Participating County shall deliver to Agencies a financial audit of the Project (“Final Audit”). The Final Audit shall be performed by a Certified Public Accountant or a Participating County auditor that is organizationally independent from the Participating County’s project financial management functions. Nothing in this Article 4(C) shall limit the Participating County’s record retention obligations as set forth in Article 7 of the PDCA. For purposes of this Agreement, “Final Completion” shall mean completion of the Project. Compliance with Project Documents and Applicable Laws. Participating County agrees to comply with all terms and conditions of this Agreement, the other Project Documents February 7, 2017 Contra Costa County Board of Supervisors Minutes 418 and all exhibits and schedules attached hereto or thereto and all Applicable Laws. E. Project Plans F. . In addition to all submission requirements under the PDCA, the Participating County shall submit to BSCC the architectural and design documents, drawings, specifications, calculations, general and special conditions, submittals, Project budgets, schedules and contracts (collectively, “Plans”) within the time frames as specifically set forth in Exhibit B and as otherwise may be required by the Project Documents and Applicable Laws. As a condition to the financing to be provided by the State through interim financing or the sale of the Bonds, Participating County shall cause to be prepared, in a form that are ready to construct, all required Plans and bid documents necessary to solicit bids, and complete the Project on time and within budget. Participating County is solely responsible for preparing all Plans and other documents for the public bidding process, as provided by Applicable Law. Participating County shall not solicit bids for the Project until BSCC, together with the State Fire Marshal, have approved the final construction documents and specifications and the Department of Finance has approved these documents and specifications. Construction G. . Participating County shall be responsible to contract for all design and construction services, and shall manage the day-to-day design and construction of the Project. Participating County shall cause the design and construction of the Project to be consistent with the requirements, limitations, and other terms of this Agreement, the Project Documents, all Applicable Laws, as well as all other agreements between the Agencies and Participating County. Operation of Jail H. . Participating County shall be responsible to maintain the jail upon Final Completion and staff and operate the jail no later than ninety (90) days after Final Completion. Professional Services I. . Participating County shall be responsible for providing all necessary professional services in order to carry out the design and construction of the Project. Participating County shall obtain all professional services from properly licensed design professionals. All Plans prepared by such design professionals shall bear the signature and seal of the design professional. All construction work on the Project shall be performed by properly licensed contractors and subcontractors. Participating County is encouraged to utilize a qualified construction manager and claims avoidance experts to facilitate timely and efficient construction of the Project. Completion of Project ARTICLE 5. SUBSTANTIAL CHANGES. . Participating County agrees to proceed expeditiously with, and complete, the Project in accordance with the Project Documents and Plans as approved by the BSCC and the Agencies and/or as incorporated in all provisions of this Agreement. Participating County acknowledges and understands that failure to meet application assurances, construction timelines and any other milestones or timelines as set forth in the Project Documents or Plans as approved by the Agencies and/or as incorporated in all provisions of this Agreement, may result at any time in award adjustments or Agreement termination by the BSCC. In addition to the modification requirements set forth in Article 4, Section 4.2 of the February 7, 2017 Contra Costa County Board of Supervisors Minutes 419 PDCA, no substantial change to the Project Documents or other substantial modification to the Project may be made by Participating County without the prior written permission of the BSCC. Minor modifications to the Project do not require BSCC approval, but must be documented and reported on routine progress reports to the BSCC. Without limiting the foregoing, BSCC approval shall be required upon any of the following events or circumstances: 1. more than minor changes which affect the design or scope of the Project; 2. a delay or change in the date of substantial completion or Final Completion; 3. a more than minor change to the design, location, size, capacity or quality of major items of equipment. As used herein “substantial” is as defined in the State Administrative Manual, Section 6863. As used herein a minor change is any change which does not rise to the level of a substantial change under the State Administrative Manual, Section 6863; 4. a change in approved budget categories, or movement of dollars between budget categories as indicated in Exhibit B; or 5. any change that would impact BSCC or State Fire Marshal construction or operational regulations including, without limitation, Titles 15 and 24 of the CCR , or which affects the security or fire and life safety of the facility. Participating County agrees that its County Construction Administrator will give prompt notification in writing to the BSCC of the occurrence of any of the above events and report any substantial modifications to the Agreement for Construction with its contractor. BSCC shall notify the Department consistent with Article 4 of the PDCA, and the Department shall make a Scope Change Request to the Board. Approval of this Scope Change Request by the Board shall be required before material change to the Project Documents or other substantial modification to the Project may be made by the Participating County. In no event shall any budget changes be authorized which would cause the amount of Total Project Costs to be exceeded unless the Participating County covenants to fund such excess with lawfully available funds and with the consent of the Agencies and so appropriates such funding. ARTICLE 6. PROJECT FUNDING A. Invoices B. . Invoice and progress/final reports and all required audit reports shall be submitted to the BSCC in a timely manner as specified in this Agreement and Exhibit A. State Financing Obligations 1. In no event or circumstance shall the State or Agencies be obligated to pay the Participating County under this Agreement or any other Project Document any amount in excess of the Maximum State Financing. Participating County waives any and all claims against the Agencies or the State of California for any costs which exceed the Maximum State Financing. The Participating County is solely responsible for any and all cost, expenses or fees . February 7, 2017 Contra Costa County Board of Supervisors Minutes 420 of the Project which exceed the Maximum State Financing. Reimbursement of county costs from State Financing shall be limited to those costs permitted under Article 1(A) of Exhibit A and/or specifically identified in Exhibit B as “Eligible State Costs” provided, however, the State’s obligations to reimburse Participating County for any State Financing is contingent on (1) the availability of Interim Financing and (2) even if Interim Financing is provided, the successful sale of bonds sufficient to cover all remaining Eligible State Costs. State Financing shall be subject to the terms and conditions set forth in the PDCA. 2. Eligible State Costs subject to reimbursement shall in no event or circumstance exceed Maximum State Financing. Because the funds to be paid are limited, Participating County shall be obligated to complete the Project without additional State Financing. No additional State Financing will be available, and Participating County should take all necessary precautions to ensure that the Project is designed and constructed within the Project budget. The Participating County shall be responsible for any costs exceeding the Total Eligible Project Costs. 3. State shall reimburse the Participating County for Eligible State Costs provided Participating County’s performance of the Project is consistent with the Project Documents, including the Construction Schedule, and Participating County is not in breach of any term or condition of this Agreement, any Project Document, or any Applicable Law. At mutually agreed upon intervals as set forth in Exhibit A, Article 7, Participating County shall submit to BSCC a reimbursement request for payments of Eligible State Costs for which Participating County has already paid. 4. BSCC may reject any invoice or item on an invoice should it be determined that such invoice or item is ineligible for reimbursement under the terms of this Agreement, the Project Documents or any Applicable Laws (“Improper Expenditure”). Should it later be determined Participating County has been reimbursed for an Improper Expenditure or the State has made a payment to Participating County in excess of the amount for which the State is obligated (“Excess Payment”), BSCC may withhold future payments or repayments in amounts equal to the Improper Expenditure or the Excess Payment. In the event the amount of an Improper Expenditure exceeds the total reimbursement amount due Participating County, or should the discovery of the Improper Expenditure or Excess Payment occur after payment of the Withhold Amount (as defined below), Participating County shall immediately pay to BSCC the amount of the Improper Expenditure or Excess Payment. 5. At such time as the unreimbursed balance of the Eligible State Costs equals Five percent (5%) of the total Eligible State Costs (“Withhold Amount”), BSCC shall withhold that amount as security for Participating County’s performance of all its obligations under this Agreement. The Withhold Amount shall be released upon satisfaction of all of the following conditions: (a) there has been Final Completion of the Project, (b) delivery by Participating County and acceptance by Agencies of the Final Audit and the Final Project Summary Report, (c) Participating County has staffed and operated the jail as required under Article 4(G) above, and (d) Participating County is not in breach of any provisions of this Agreement, the other Project Documents and Applicable Laws. 6. All agreements with the contractor and any other contractor or February 7, 2017 Contra Costa County Board of Supervisors Minutes 421 subcontractor of Participating County or the contractor providing services or goods on the Project and for which reimbursement with State Financing for all or any portion of the payment for such services or goods is sought, shall require the contractor or subcontractor to list construction costs according to the CSI Divisions for the approved Schedule of Values. C. Participating County Funding ARTICLE 7. ADMINISTRATIVE OVERSIGHT BY BOARD . Subject to all terms and provisions of this Agreement, the Participating County agrees to appropriate and spend cash (hard) matching funds as provided in Exhibits A and B (“Cash (hard) Match”). Subject to all terms and provisions of this Agreement, the Participating County agrees to provide in-kind (soft) match in accordance with Exhibits A and B (“In-kind (soft) Match”). Participating County agrees to expend Cash (hard) Match funds on a schedule that is at least pro-rata with the percentage expenditure of Eligible State Costs. Notwithstanding any other term or condition of this Agreement or any other Project Document, the scope and cost of the Project shall be subject to approval and administrative oversight by the Board, as required by California Government Code Section 15820.911. ARTICLE 8. PERFORMANCE AND PAYMENT BONDS Participating County shall require the contractor to procure and maintain a payment bond and a performance bond each of which shall be in an amount not less than one hundred percent (100%) of the contractor’s total contract price as set forth in the agreement between Participating County and contractor. The bonds shall be issued by one or more surety companies acceptable to the Agencies. The performance bond required by this Article 8 shall name the State as an additional beneficiary under the bonds. ARTICLE 9. INDEMNITY As required by California Government Code Section 15820.911(d), the Participating County hereby agrees to indemnify, defend and save harmless the State, including but not limited to the Board, the Department and the BSCC, and each of their respective officers, governing members, directors, officials, employees, subcontractors, consultants, and agents (collectively, “Indemnitees ARTICLE 10. DISPUTES ”) for any and all claims and losses arising out of the acquisition, design, construction, operation, maintenance, use and occupancy of the Project. The Participating County shall not be obligated to provide indemnity or defense where the claim arises out of the gross negligence or willful misconduct of the Indemnitees. These obligations shall survive any termination of this Agreement. Disputes arising under or relating to this Agreement shall be resolved in accordance with the provisions of Article 10 of Exhibit A. ARTICLE 11. GENERAL TERMS AND CONDITIONS The general terms and conditions published by the Department of General Services at February 7, 2017 Contra Costa County Board of Supervisors Minutes 422 http://www.documents.dgs.ca.gov/ols/GTC-610.doc and applicable to all State of California contracts are hereby incorporated by reference into this Agreement. In the event of a conflict between GTC-610 and any sections herein, the sections herein take precedence. In signing below, the Participating County’s authorized representative represents and warrants that the Participating County has read and understands these general terms and conditions. ARTICLE 12. COUNTERPARTS This Agreement may be executed in one or more counterparts, any one of which need not contain the signatures of more than one Party, but all of which when taken together shall constitute one and the same instrument, notwithstanding that all Parties have not signed the same counterpart hereof. [SIGNATURE PAGE TO IMMEDIATELY FOLLOW] February 7, 2017 Contra Costa County Board of Supervisors Minutes 423 IN WITNESS THEREOF, the Parties have executed this Agreement, as of the Effective Date. BOARD OF STATE AND COMMUNITY CORRECTIONS By: Signature of Executive Director or Designee Name and Title: ___________ Date: ___________ “PARTICIPATING COUNTY” County of: By: Signature Name and Title: ___________ Date: ___________ February 7, 2017 Contra Costa County Board of Supervisors Minutes 424 EXHIBIT A CONSTRUCTION AGREEMENT STANDARD CONDITIONS ARTICLE 1. TOTAL ELIGIBLE PROJECT COSTS A. Participating County shall only be reimbursed by the State from State Financing for Eligible State Costs. “Eligible State Costs” means reasonable and necessary Project costs actually incurred in construction of the Project and as specified in Exhibits A and B attached to the Agreement. Eligible State Costs also must be eligible for lease-revenue bond financing pursuant to this Agreement (including all Exhibits referenced therein) and all California state laws, rules, regulations, guidelines, and policies including, without limitation, Title 15, Local Jail Construction Financing Program regulations and any other Applicable Laws. Such Eligible State Costs shall include, but are not limited to, the items set forth in subsection (1) through (8) below. Participating County shall receive BSCC’s written consent prior to Participating County’s incurring the expense for any Project costs not listed below and for which Participating County wants State reimbursement provided such expenses do not fall within Participating County Costs as defined below in subsection (B). 1. On-site costs of facility construction of the BSCC-approved local jail facility project, including site preparation (eligible for State Financing or Cash (hard) Match). 2. Architectural programming and design (for activities by consultants and contractors; eligible for State Financing or Cash (hard) Match). 3. Construction management (for activities by consultants and contractors; eligible for State Financing or Cash (hard) Match). 4. Building permit fees, sewer/utility use or unit fees, and building inspection fees (eligible for State Financing or Cash (hard) Match). 5. Fixed equipment items (e.g., heating, ventilation, air conditioning, plumbing, lighting, communications, surveillance, security and life/safety equipment, etc.) as necessary for the operation of the BSCC-approved local jail facility (eligible for State Financing or Cash (hard) Match). 6. Fixed furnishings items (e.g., built-in and/or permanently affixed counters, tables, cabinets, seats, etc.) as necessary for the operation of the BSCC-approved local jail facility (eligible for State Financing or Cash (hard) Match). 7. Installation of existing fixed equipment and furnishings as necessary for the operation of the BSCC-approved local jail facility (eligible for State Financing or Cash (hard) Match). 8. Moveable equipment and moveable furnishings (subject to State review and approval; eligible for State Financing or Cash (hard) Match). February 7, 2017 Contra Costa County Board of Supervisors Minutes 425 B. Participating County must provide a minimum of at least _______ percent (__%) of the Total Eligible Project Costs as any combination of Cash (hard) Match and In-kind (soft) Match funds. (Note to drafter: Large and Medium counties must provide a minimum of 10%). Cash (hard) Match funds cannot be used to supplant or replace funds otherwise dedicated or appropriated by the Participating County for construction activities. Cash (hard) Match funds cannot be claimed for salaries/benefits of regular employees of the Participating County Workforce but may be claimed for the services of consultants or contractors engaged to perform Project related services as described below. Cash (hard) Match funds only include costs of: 1. Items eligible for Eligible State Costs as described above; 2. Preparation costs for full or focused environmental reports (for activities by consultants and contractors); 3. Off-site costs, including access roads and utilities development, outside of a reasonable buffer zone surrounding the perimeter of the security fence, detention facility building and parking lot; and 4. Public art. C. In-kind (soft) Match funds may be claimed for Project related costs for activities performed by Participating County staff or consultants. Eligible In-kind (soft) Match funds only includes: 1. Audit of Total Eligible Project Costs at the conclusion of the Project (staff salary/benefits of independent Participating County auditor or services of contracted auditor); 2. Needs assessments (staff salary/benefits and/or consultant costs directly related to the Project); 3. Site acquisition cost or current fair market land value supported by independent appraisal (on-site land only regardless of acquisition date) and as approved by the Department of General Services. This can be claimed for on-site land cost/value for new facility construction, on-site land cost/value of a closed facility that will be renovated and reopened, or on-site land cost/value used for expansion of an existing facility. It cannot be claimed for land cost/value under an existing operational local jail facility; 4. Participating County administration (staff salary/benefits directly related to the Project for activities after October 1, 2011); 5. Transition planning (staff salary/benefits and consultant activities directly related to the Project for activities after October 1, 2011); and 6. Real estate due diligence costs as billed to the Participating County by the State. D. Participating County shall not under any circumstance be reimbursed by the State from Board interim financing sources, lease-revenue bond funds or from any other financing February 7, 2017 Contra Costa County Board of Supervisors Minutes 426 source for Ineligible Project Costs. “Ineligible Project Costs” means all costs which are not eligible for lease-revenue bond financing or Participating County matching funds pursuant to the PDCA (including all Exhibits attached thereto) or pursuant to any California state law, rule, regulation, guideline, or policy including, without limitation, the AB 900 Jail Financing Program or any other Applicable Law. Participating County shall be responsible for all Ineligible Project Costs (“Participating County Costs”). Ineligible Project Costs also shall include but are not limited to the following: 1. Those Project Costs that are determined by the BSCC to be unreasonable or unnecessary costs. 2. Detention facility personnel and operational costs and related costs of supplies. 3. Soil and water contamination assessment/mitigation. 4. Excavation of burial sites. 5. Preparation of Environmental Impact Reports (ineligible for State Financing; eligible for Cash (hard) Match only if performed by consultants or contractors outside the regular county work force, eligible for In-kind (soft) Match if performed by county-paid employees). 6. Bonus payments for early completion of work. 7. Interest charges for late payments. 8. Interest on bonds or any other form of indebtedness required to finance Project costs. 9. Costs outside the scope of the BSCC-approved Project. 10. Fines and penalties due to violation of or failure to comply with federal, state or local laws, ordinances, or regulations. 11. Personal injury compensation or damages arising out of or connected with the Project, whether determined by adjudication, arbitration, negotiation, or otherwise. 12. All costs incurred in violation of the terms, provisions, conditions, or commitments of this Agreement. 13. Travel and per diem costs. 14. All costs arising out of or connected with contractor claims against the Participating County, or those persons for whom the Participating County may be vicariously liable, including, but not limited to, any and all costs related to defense or settlement of such claims. February 7, 2017 Contra Costa County Board of Supervisors Minutes 427 15. Maintenance costs. 16. Supplanting of existing construction, programs, projects, or personnel. 17. All costs arising out of or attributable to Participating County’s malfeasance, misfeasance, mismanagement, or negligence. 18. Temporary holding or court holding facilities. 19. Local Jail facilities or portions thereof operated by jurisdictions other than Participating County. ARTICLE 2. PARTICIPATING COUNTY’S GENERAL RESPONSIBILITY Participating County is solely responsible for design, construction, operation, and maintenance of the Project as identified in Exhibit B of this Agreement. Review and approval of plans, specifications, or other documents by BSCC, the Agencies and the State Fire Marshal, is solely for the purpose of proper administration of State Financing by the BSCC and the Agencies and shall not be deemed to relieve or restrict the Participating County’s responsibility. ARTICLE 3. PARTICIPATING COUNTY ASSURANCES AND COMMITMENTS A. Compliance with Laws and Regulations B. . This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Participating County shall at all times comply with all Applicable Laws (as defined in the Agreement). Fulfillment of Assurances and Declarations C. . Participating County shall fulfill all assurances, declarations, representations, and statements made by the Participating County in the County Project Proposal, documents, amendments, and communications filed in support of its request for lease-revenue bond funds including adoption of a BSCC approved staffing plan for staffing and operating the facility in accordance with state standards within ninety (90) calendar days of construction completion. Use of State Financing D. . Participating County shall expend all State Funds and identified matching funds solely for Eligible Project Costs. Participating County shall, upon demand, remit to the BSCC any State Financing not expended for Eligible Project Costs or an amount equal to any State Financing expended by the Participating County in violation of the terms, provisions, conditions, or commitments of this Agreement. Any State Financing so remitted to the BSCC shall include interest equal to the rate earned by the State Pooled Money Investment Account. Permits and Licenses E. . Participating County agrees to procure all permits and licenses necessary to complete the Project, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the Project work. Compliance with Deliverables, Drawings, and Specifications. Participating County agrees that deliverables, drawings, and specifications, upon which prime and subcontracts are awarded, shall be the same as those submitted to and approved by the BSCC. February 7, 2017 Contra Costa County Board of Supervisors Minutes 428 F. Prime and Subcontracting Requirements Participating County assures that for any contract awarded by the Participating County, such insurance (e.g., fire and extended coverage, workers’ compensation, public liability and property damage, and “all-risk” coverage) as is customary and appropriate will be obtained. . In accordance with the provisions of this Agreement, the Participating County may contract with public or private contractors of services for activities necessary for the completion of the Project. Participating County agrees that in the event of an inconsistency between the Agreement and any other Project Document and Participating County’s Construction Agreement with a contractor, the Project Documents will prevail. Participating County shall ensure that the contractor complies with all requirements of the Project Documents and all instructions of the County Construction Administrator regarding compliance with the Project Documents. Participating County agrees that its contractor will list construction costs according to the CSI Divisions for the approved Schedule of Values. Since certain portions of the Project may not be eligible for State Financing in all requests for reimbursement, the Participating County’s contractor shall separately list work not eligible for State Financing, and the County Construction Administrator shall identify such work for the contractor. Participating County agrees that it is the County Construction Administrator’s responsibility to provide a liaison between the Participating County, the BSCC, and its contractor. Participating County agrees that its contractor is not responsible nor required to engage in direct discussion with the BSCC or any representative thereof, except that the contractor shall in good faith exert its best effort to assist the Participating County in fully complying with all requirements of the contract. Participating County agrees to place appropriate language in all contracts for work on the Project requiring the Participating County’s contractor(s) to: 1. Books and Records 2. . Maintain adequate fiscal and Project books, records, documents, and other evidence pertinent to the contractor’s work on the Project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices, to the financial statement, to the accounting records, and to the supporting documentation. These records shall be maintained for the period set forth in Article 5 below, and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees. Access to Books and Records. Make such books, records, supporting documentations, and other evidence available to the BSCC or designees, the Department, the Board, the Department of General Services, the Department of Finance, the Bureau of State Audits, their designated representatives, during the course of the Project and for the period set forth in Article 5 below, and provide suitable facilities for access, monitoring, inspection, and copying thereof. Further, the Participating County agrees to include a similar right of the state to audit records and interview staff in any subcontract related to the performance of this Agreement. February 7, 2017 Contra Costa County Board of Supervisors Minutes 429 3. Contractor Advisement ARTICLE 4. PROJECT ACCESS . Be advised that a partial source of financing for the agreement between the Participating County and contractor for construction of the Project is the State Financing, and that the Participating County may not have funds to finance the Construction Agreement independently of the State Financing. The contractor shall in all ways cooperate with the Participating County and the BSCC in maintaining a good working relationship. The contractor shall cooperate as instructed by the County Construction Administrator in resolving any disputes arising under the Agreement. To the extent not inconsistent with the Bond Documents, as that term is defined in Article 1 Section 1.1(a) of the PDCA, at all times during construction of the Project and after final completion, the Participating County shall provide to employees, subcontractors, and consultants of the Agencies reasonable unrestricted access to observe, monitor and inspect the Project. The Agencies’ access to observe, monitor and inspect shall include the right to review all documents and files relating to the Project, as well as construction on the Site, including all tests and inspections relating to design or construction of the Project. ARTICLE 5. RECORDS Participating County shall establish an Official Project File, as defined in Article 7, Section 7.1 of the PDCA. Participating County shall establish separate accounting records for receipt, deposit, and disbursement of all Project funds as specified in Exhibit A Article 9. Participating County shall maintain books, records, documents, and other evidence sufficient to reflect properly the amount, receipt, and disposition of all Project funds, including State Financing, any matching funds provided by the Participating County and the total cost of the Project. The maintenance requirements extend to books of original entry, source documents supporting accounting transactions, the general ledger, subsidiary ledgers, personnel and payroll records, canceled checks, and related documents and records. Source documents include copies of all awards, applications, and required financial and narrative reports. Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the award, whether they are employed full-time or part-time. Time and effort reports are also required for consultants and contractors. Supporting documentation for matching funds, goods or services shall, at a minimum, include the source of the match, the basis upon which the value of the match was calculated, and when the matching funds, goods, or services were provided. Receipts, signed by the recipient of donated goods and/or services should be issued and a copy retained. Generally accepted government accounting principles and adequate supporting documentation shall be maintained in such detail so as to provide an audit trail which will permit tracing transactions from the invoices to the financial statement, to the accounting records, and to the supporting documentation for the purpose of determining compliance with Section 10115 et seq. of the California Public Contract Code, Section 8546.7 of the California Government Code, and Title 2, Division 2, Chapter 3, Subchapter 10.5 Section 1896.60 et seq. of the CCR (as applicable). February 7, 2017 Contra Costa County Board of Supervisors Minutes 430 Participating County shall maintain all records for the period set forth in the PDCA (“Record Maintenance Period”). Participating County agrees to protect records adequately from fire or other damage. When records are stored away from the Participating County’s principal office, a written index of the location of records stored must be on hand and ready access must be assured. All Participating County records shall be subject at all reasonable times to inspection, examination, monitoring, copying, excerpting, transcribing, and audit by the BSCC or designees, the Agencies, and by state government auditors or designees. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the Record Maintenance Period, the records must be retained until the completion of the action and resolution of all issues which arise from it or until the end of the Record Maintenance Period, whichever is later. ARTICLE 6. ACCOUNTING AND AUDIT REQUIREMENTS All funds received by the Participating County shall be deposited into separate fund accounts which identify the funds and clearly show the manner of their disposition. Participating County agrees that the audit and accounting procedures shall be in accordance with generally accepted government accounting principles and practices (see Accounting Standards and Procedures for Counties, California State Controller, Division of Local Government Fiscal Affairs) and adequate supporting documentation shall be maintained in such detail so as to provide an audit trail which will permit tracing transactions from support documentation to the accounting records to the financial reports and billings. Participating County further agrees to the following audit requirements: A. Pre-payment Audit B. . Prior to the deposit of State Financing into the separate account, the BSCC may require the Participating County to have a system audit performed by an auditor satisfactory to the BSCC to insure that the Participating County’s accounting system meets generally accepted government accounting principles; Interim Audit C. . The BSCC reserves the right to call for a program audit or a system audit at any time between the execution of this Agreement and the completion or termination of the Project. At any time, the BSCC may disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action determined to be not in compliance with the terms and conditions of this Agreement, or take other remedies legally available; and, Final Audit. Within ninety (90) calendar days of Final Completion, the Participating County must obtain and submit a final program audit to the BSCC (see Construction Financing Program Agreement Administration and Audit Guide). The audit shall be prepared in accordance with generally accepted auditing standards and government auditing standards for financial and compliance audits. The audit may be performed by the Participating County subject to the terms hereinafter described, or the Participating County may hire, at Participating County cost, an independent auditor to complete the final audit. Participating County should obtain assurances that the personnel selected to perform the audit collectively have the necessary skills. It is important that a sound procurement practice be followed when contracting for audit services. Sound contract and approval procedures, including the monitoring of contract performance, should be in place. The objectives and scope of the audit should be February 7, 2017 Contra Costa County Board of Supervisors Minutes 431 made clear. In addition to price, other factors to be considered include: the responsiveness of the bidder to the request for proposal; the past experience of the bidder; availability of bidder staff with professional qualifications and technical abilities; and whether the bidder organization participates in an external quality control review program. It should be noted that these steps are important whether the Participating County is hiring auditors from an outside CPA firm or within its own internal auditing unit. Since the audit function must maintain organizational independence, the County Financial Officer for this Project shall not perform audits of the contract-related activities. If the Participating County internal auditor performs the audit, the auditor must be organizationally independent from the Participating County’s accounting and project management functions. Additionally, Participating County internal auditors who report to the Project Financial Officer, or to whom the Project Financial Officer reports, shall not perform the audit. The person conducting the audit shall be a certified public accountant, unless a Participating County auditor completes the audit. Failure to comply with these qualifications standards could result in the rejection of the audit report. At any time, the BSCC may disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action determined to be not in compliance with the terms and conditions of this Agreement, or take other remedies legally available. The BSCC reserves the right to have an audit conducted (at the BSCC’s expense) at any time between execution of the Agreement up to and including the final audit of the Project. ARTICLE 7. REPORTS Participating County agrees to submit fiscal invoices and progress/final reports in a format specified by the BSCC, and at mutually agreed upon intervals as defined below, during the period of the Agreement. Reports are due to the BSCC even if State Financing is not expended or requested in the reporting period. Not submitting invoices and progress/final reports in a timely manner may result in disbursements being withheld. In addition, Participating County shall immediately advise the BSCC of any significant problems or changes arising during the course of the Project. Without limitation of the foregoing, the following reports are required: A. Fiscal Invoice and Progress/Final Report Invoicing/progress reporting interval: The [ . Participating County agrees to submit fiscal invoices and progress/final reports to the BSCC on the appropriate form provided to the Participating County during the term of this Agreement and shall do so on a regular schedule of either monthly, bi-monthly or quarterly. The reports shall include, but not be limited to, Project construction activities, change orders issued, problems identified, assistance needed, state funds and match expenditures made, State Financing received, and State Financing requested. indicate interval] fiscal and progress/final report must be submitted within forty-five (45) calendar days after the end of [indicate interval]. The due dates for the invoices and progress reports are no later than: February 7, 2017 Contra Costa County Board of Supervisors Minutes 432 ___________ ___________ ___________ ___________ B. Final Fiscal Invoice and Project Summary ARTICLE 8. WITHHOLDING OF STATE DISBURSEMENTS . Participating County agrees to submit to the BSCC a Final Fiscal Invoice and Project Summary on the appropriate form provided to the Participating County within forty-five (45) calendar days of the scheduled construction completion date identified in Exhibit B. The report shall include, but not be limited to, total state funds and match expenditures made by budget division, total State Financing received, remaining State Financing requested, number of BSCC-rated beds added and modified, number of special use beds added and modified, and a detailed description of the finished Project including pre-construction and post-construction photographs or other visual material suitable for public distribution. For purposes of this Exhibit A, “BSCC-rated beds” means the number of beds dedicated to housing adult offenders for which a facility’s single- and double-occupancy cells/rooms or dormitories were planned and designed in conformity to the standards and requirements contained in Titles 15 and 24 of the CCR. “Special use beds” means beds for the purpose of appropriately housing offenders in medical, mental health, or disciplinary rooms, cells or units that are planned and designed in conformity to the standards and requirements contained in Titles 15 and 24 of the CCR. A. BSCC may withhold all or any portion of the State Financing provided for by this Agreement in the event that: 1. Participating County Breach of Agreement 2. . Participating County has materially and substantially breached the terms and conditions of this Agreement or any other Project Document. Insufficient County Funds 3. . Participating County is unable to demonstrate, to the satisfaction of the BSCC’s Executive Director, continuous availability of sufficient funds to complete the Project. Insufficient Match Disbursement B. In the event that State Financing is withheld from the Participating County, the BSCC’s Executive Director or designee shall notify the Participating County of the reasons for withholding and advise the Participating County of the time within which the Participating County may remedy the failure or violation leading to the withholding. . Participating County has not expended its Cash (hard) Match requirement on a schedule that is at least pro-rata with the percentage expenditure of, collectively, interim financing and lease-revenue bond funds. The BSCC will not reimburse counties for costs identified as ineligible for State Financing. If State Financing has been provided for costs subsequently discovered to be ineligible, the BSCC may either withhold an equal amount from subsequent payments to the February 7, 2017 Contra Costa County Board of Supervisors Minutes 433 Participating County or require repayment of an equal amount to the State by the Participating County. Any State Financing so remitted to the BSCC may be subject to interest equal to the rate earned by the State Pooled Money Investment Account. ARTICLE 9. DISBURSEMENT Participating County shall be paid in arrears on invoices of expenditures and requests for funds submitted to BSCC at mutually agreed upon intervals, see Article 7(A), on the Fiscal Invoice and Progress/Final Report. Participating County shall supply BSCC with appropriate expenditure documentation and request for funds on form(s) provided by BSCC and certify to the accuracy of the report(s) in accordance with generally accepted governmental accounting principles and BSCC regulations, guidelines, policies and procedures. Participating County shall further certify that all listed expenditures are actual and that all funds were expended for the purpose of liquidating obligations identified in Exhibit B and legally incurred. The State will issue a warrant for eligible funds within approximately thirty (30) to sixty (60) days of receipt of Participating County invoice and documentation of eligible expenditures. All requests for payment shall be accompanied by any documentation as may be required by BSCC or the Board and with such certification(s) as may be required by BSCC. ARTICLE 10. DISPUTES Participating County shall continue with the responsibilities under this Agreement during any disputes. Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under, or relating to, the performance of this Agreement which is not resolved by agreement between Participating County and BSCC staff shall be decided by the BSCC. This clause does not preclude consideration of legal questions; nothing in this Agreement shall be construed as making final the decision of any administrative official, representative, or BSCC on a question of law. Participating County may appeal on the basis of alleged misapplication, capricious enforcement of regulations, or substantial differences of opinion as may occur concerning the proper application of regulations or procedures. Such appeal shall be filed within thirty (30) calendar days of the notification of the action with which the Participating County is dissatisfied. The request shall be in writing stating the basis for the dissatisfaction and the action being requested of the BSCC. A hearing shall be conducted by a hearing panel designated by the Chairperson of the BSCC Board at a reasonable time, date, and place, but not later than twenty-one (21) calendar days after the filing of the request for hearing with BSCC, unless delayed for good cause. BSCC shall mail or deliver to the appellant or authorized representative a written notice of the time and place of hearing not less than fourteen (14) calendar days prior to the hearing. The procedural time requirements may be waived with mutual written consent of the parties involved. Appeal hearing matters shall be set for hearing, heard, and disposed of by a notice of decision by the BSCC Board within ninety (90) calendar days from the date of the request for appeal hearing, except in those cases where the appellant withdraws or abandons the request for hearing or the matter is continued for what is determined by the hearing panel to be good cause. February 7, 2017 Contra Costa County Board of Supervisors Minutes 434 An appellant may waive a personal hearing before the hearing panel and under such circumstances, the hearing panel shall consider the written information submitted by the appellant and other relevant information as may be deemed appropriate. The hearing is not formal in nature. Pertinent and relevant information, whether written or oral, will be accepted. Hearings will be tape recorded. After the hearing has been completed, the hearing panel shall submit an advisory recommendation on the matter to the BSCC Board. The decision of the BSCC Board shall be final. Notwithstanding any other provision of this Article 10, this Article 10 shall not limit any other rights or remedies available to the State or any other Agency under any other Project Document including, without limitation, the PDCA. ARTICLE 11. REMEDIES Participating County agrees that any remedy provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to the BSCC as a result of breach of this Agreement by the Participating County, whether such breach occurs before or after completion of the Project. In the event of litigation between the Parties hereto arising from this Agreement, it is agreed that the prevailing Party shall be entitled to such reasonable costs and/or attorney fees and costs as may be ordered within the discretion of the Court. ARTICLE 12. WAIVER The Parties hereto may, from time to time, waive any of their rights under this Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the Party making such waiver. February 7, 2017 Contra Costa County Board of Supervisors Minutes 435 EXHIBIT B Capitalized terms not defined in this Exhibit B shall have the meaning as set forth in the Agreement to which this Exhibit B is attached. PROJECT DESCRIPTION AND BUDGET County (County): ___________ Name of Facility Subject to Construction: ___________ SECTION 1. PROJECT DESCRIPTION Provide a description of the Project scope as presented in Exhibit A of the PDCA. SECTION 2. PROJECT TIMETABLE Provide an updated Project timetable to include start and completion dates for each of the following key events: 1) Schematic Design and Operational Program Statement; 2) Design Development with Staffing Plan; 3) Staffing/Operating Cost Analysis; 4) Construction Documents; 5) Construction Bids; 6) Notice to Proceed; 7) Construction; and 8) Occupancy. Note that construction should be substantially complete within three (3) years from Notice to Proceed and occupancy must occur within ninety (90) days of Final Completion. SECTION 3. CONSTRUCTION MANAGEMENT PLAN Provide a general outline of the construction management plan, including methods to monitor/control the Project and ensure a successful, on schedule completion: SECTION 4. KEY PERSONNEL Provide a listing of the names, titles, and roles of key construction and management personnel: SECTION 5. BUDGET CLASSIFICATION SCHEDULES In a format acceptable to BSCC, provide budget categories for State Financing, Cash (hard) Match and In-kind (soft) Match. February 7, 2017 Contra Costa County Board of Supervisors Minutes 436 GENERAL TERMS AND CONDITIONS 1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained. 2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment. 4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). 5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. 6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute. 7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand. 8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. February 7, 2017 Contra Costa County Board of Supervisors Minutes 437 9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205). 10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 307 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 12. TIMELINESS: Time is of the essence in this Agreement. 13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. 14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California. 15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions: 1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the February 7, 2017 Contra Costa County Board of Supervisors Minutes 438 Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that: a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. February 7, 2017 Contra Costa County Board of Supervisors Minutes 439 18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. 19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS: a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.) 20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).) S:\ADMIN\HOMEPAGE\GTC-610.doc February 7, 2017 Contra Costa County Board of Supervisors Minutes 440 CCC-307 CERTIFICATION I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California. Contractor/Bidder Firm Name (Printed) Federal ID Number By (Authorized Signature) Printed Name and Title of Person Signing Date Executed Executed in the County of CONTRACTOR CERTIFICATION CLAUSES 1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.) 2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible February 7, 2017 Contra Costa County Board of Supervisors Minutes 441 for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.) 4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003. Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State. Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services. 5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California. 6. SWEATFREE CODE OF CONDUCT: a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The contractor agrees to cooperate fully in providing reasonable access to the contractor’s records, documents, agents or employees, or premises if reasonably required February 7, 2017 Contra Costa County Board of Supervisors Minutes 442 by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor’s compliance with the requirements under paragraph (a). 7. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after January 1, 2007, the contractor certifies that contractor is in compliance with Public Contract Code section 10295.3. DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (Pub. Contract Code §10410): 1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (Pub. Contract Code §10411): 1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e)) February 7, 2017 Contra Costa County Board of Supervisors Minutes 443 2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax. c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity. February 7, 2017 Contra Costa County Board of Supervisors Minutes 444 S:\ADMIN\HOMEPAGE\CCC\CCC-307.doc February 7, 2017 Contra Costa County Board of Supervisors Minutes 445 Attachment F - Summary Provisions of SB 844 Agreements SB 844 Legislation and Legal Considerations of Subject Agreements The legislation, through the subject agreements, includes the followings features and requirements highlighted below:  The state finances project by sale of lease-revenue bonds, typically sold at about 90% construction complete, but determined by SPWB and California State Treasurer  The state enters into financing with the State Pooled Moneys Investment Board in the interim  The County cash match is 10%  Construction, design and other consulting costs are billable against the $80 million  County staff costs count toward the 10% cash match requirement  After schematic design County and state enter into a ground lease and right-of-entry  Near time of sale of bonds, County and state enter into a site and facility lease, and lease-back  State makes first reimbursement to County after payment of first construction invoice  County must complete construction within 3 years of construction start  State allows 30 to 60 days for processing pay requests  When state has paid out 95% of grant, it retains 5% until confirmation of safe operation Project Delivery and Construction Agreement The Project Delivery and Construction Agreement (PDCA) is the primary document “committing” the County to the terms of SB 844 in return for the $70 million grant award. The agreement provides framework; covenants; project scope, cost and schedule; and obligations of County and state which facilitate state’s sale of bonds to finance the project. Important highlights of the PDCA include the following:  Project is subject to approval and oversight by state  County indemnifies and holds harmless the state for claims and losses out of breach by County  State can terminate if it determines bond financing is not feasible or otherwise inappropriate  County can terminate if construction bid results prevent County’s ability to proceed  Any savings in Project Budget go first to County if County has paid more than 10%, and beyond that, are shared between parties on a pro rata basis, but county never pays less than 10% Exhibit A – Project Scope, Cost and Schedule: This exhibit to the PDCA defines the scope, cost and schedule of the project. Exhibit B – Ground Lease: The County will enter into a lease agreement with the state giving state possession of the real property upon which the facility is to be built, plus a reasonable buffer zone beyond it for access roads and security fencing. This real property is hereinafter referred to as the “facility footprint.” County leases Site to DCR. State Public Works Board can re-let the Jail if default occurs under Facility Lease. County also promises DCR “quiet enjoyment” of site and “improvements” (the new Jail facility). Terminates on same date as Facility Lease, but not before all State indebtedness for Project repaid. County has limited right to terminate Ground Lease by properly terminating PDCA. (Executed concurrently with Right of Entry for Construction.) The ground lease is entered into after completion of schematic design, when the facility footprint is defined, and after other state certifications are completed. The lease terminates when the bonds are paid. Damages for default are limited to specific performance or money damages, but the lease cannot be terminated as long as bonds are outstanding, even in the event of default. The form of the lease is attached. February 7, 2017 Contra Costa County Board of Supervisors Minutes 446 Exhibit C – Right of Entry for Construction and Operation: This is between CDCR and the County, and authorizes the County and our contractors to use the site that has been leased to the state. It further provides for the County to operate the facility if it is completed prior to the sale of bonds. It requires County to indemnify and hold harmless the state for any claims and loses arising out of the facility construction. It is entered into concurrently with the ground lease and terminates when bonds are paid. Exhibit D – Facility Sublease: This is between CDCR and County, and subleases back to County the facility for its use, operation and maintenance. It is enter into when the state enters in the sale of the bonds, and terminates when the bonds are paid, but not longer than 35 years. The Sublease agreement requires County to maintain the facility, pay for utilities and taxes, pay commercial general liability insurance or acceptable self-insurance program, and promise it will not abandon the facility. It requires CDCR to pay rent, and insurance policies (see next paragraph). Facility Lease – This is an form agreement listed in the SB 844 RFP, which was also in the SB 863 RFP. It does not appear to be incorporated into the PDCA at this time. According to the RFP it is an agreement between the BSCC and the CDCR and participating county with the consent of the SPWB. The agreement relates to the same property referred to in Exhibit D above. The state agency CDCR enters into a Site Lease and Facility Lease with the state agency SPWB at the time of bond issuance. These leases expire when bonds are paid. They transfer control and possession of the facility between CDCR to SPWB for purposes of allowing SPWB to issue the bonds. They require CDCR to maintain property casualty insurance and rental interruption insurance. The Facility Lease in no event lives longer than 35 years. The timing of the bond issuance is determined by SPWB in consultation with California State Treasurer, and is largely driven by state’s federal tax law considerations. BSCC Construction Agreement The Construction Agreement with the Board of State and Community Corrections (BSCC), referred to as the JCA, is the second of the two main agreements, and sets forth roles, responsibilities and performance expectations of the parties for construction of the facility. Important highlights of the PDCA include the following:  County agrees to staff, maintain and operate the facility  County agrees to be responsible for any cost overruns February 7, 2017 Contra Costa County Board of Supervisors Minutes 447 ATTACHMENT G – BUDGET SUMMARY TABLE    February 7, 2017 Contra Costa County Board of Supervisors Minutes 448 ATTACHMENT H – PROJECT MILESTONES    February 7, 2017 Contra Costa County Board of Supervisors Minutes 449 SB 844 – DETAILED OPERATING EXPENDITURES  (2017 Dollars)      February 7, 2017 Contra Costa County Board of Supervisors Minutes 450 Jail Needs Assessment Contra Costa County Office of the Sheriff Martinez, California August2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 451 February 7, 2017 Contra Costa County Board of Supervisors Minutes 452 08.28.2015 Contents D The Classification System 33 Overview 33 Classification Criteria and Considerations 33 Classification Sub-sets 36 Classification Reviews 36 Observations 36 Recommendations 36 Conclusion 36 E Program Needs 37 Summary of Current Programming and Related Facilities 37 Current Programs and Services 38 Proposed Programs and Services 40 F Local Trends and Characteristics 47 Introduction 47 County Population 47 Criminal Offenses 48 Admissions 50 Average Daily Population 50 ADP of AB109 Commitments and Holds 51 Custody Alternative Facility 52 Incarceration Rate 53 Projections 54 Introduction 01 Executive Summary 01 Recommendations 03 Organization of the Report 04 Definitions 05 A The Elements of the System 07 Overview of the Jail System 07 Martinez Detention Facility (MDF) 09 West County Detention Facility (WCDF) 16 Marsh Creek Detention Facility (MCDF) 19 B The Department’s Operational and Design Philosophy 21 Operational and Design Philosophy 21 Core Values of the Contra Costa County Office of the Sheriff 21 C The Current Population 23 Introduction 23 Overall Profile of the Detention Population 23 Profile of MDF Population 27 Sub-Classifications at MDF 27 Profile of WCDF Population 28 Profile of MCDF Population 31 Acknowledgments iii Introduction / Executive Summary 01 February 7, 2017 Contra Costa County Board of Supervisors Minutes 453 08.28.2015 G The Adequacy of Staffing Levels 55 Overview 55 H The Ability to Provide Visual Supervision 57 Martinez Detention Facility 58 West County Detention Facility 60 Marsh Creek Detention Facility 62 I The Adequacy of Record Keeping 65 Overview 65 Observations 65 Recommendations 65 J A History of the Systems Compliance with Standards 67 Board of State and Community Corrections (BSCC) Biennial Inspection 67 Contra Costa County Grand Jury Inspection Report - 2014 68 Local Inspections 68 K Any Unresolved Issues 69 L Proposed Facility Functional Analysis 71 Contents (continued) February 7, 2017 Contra Costa County Board of Supervisors Minutes 454 08.28.2015 Table 1: Travel Times to Facilities 07 Table 2: MDF - Monthly Batteries & Assaults 11 Table 3: Martinez Existing Facility Unit-Bed Count 13 Table 4: WCDF - Existing Facility Unit-Bed Count 18 Table 5: WCDF Reentry, Treatment and Replacement Housing Project - Existing Facility Unit-Bed Count 18 Table 6: MCDF - Existing Facility Unit-Bed Count 20 Table 7: Number of Residents and Capacity Utilization 23 Table 8: Gender Distribution 24 Table 9: Classification Distribution 25 Table 10: Most Serious Charge 26 Table 11: On Probation or Parole at Time of Arrest 26 Table 12: MDF - Judicial Status and Most Serious Charge 27 Table 13: MDF - Male Classification 27 Table 14: MDF - Male Population Judicial Status and ALOS 28 Table 15: WCDF - Legal Status and Most Serious Charge 28 Table 16: MCDF - Legal Status and Most Serious Crime 31 Table 17: “MDF Only” Criminal Charges (54) 35 Table 18: Contra Costa County Historical Population 47 Table 19: Contra Costa County Projected Population 48 Table 20: Felony Crimes in Contra Costa County, 2005-2014 49 List of Tables Table 21: Custody Alternative Facility - Average Daily Census 52 Table 22: Historic Incarceration Rate - Detainees per 100,000 Population 53 Table 23: 2014 Incarceration Rate Comparison 53 Table 24: Projected ADP and Capacity in 2019 54 Table 25: Projected ADP Based on Incarceration Rate and Projected Population 54 Table 26: Dates of inspection or the date of the completion of corrections 68 February 7, 2017 Contra Costa County Board of Supervisors Minutes 455 08.28.2015 List of Figures Figure 1: Aerial view of Contra Costa County showing facility locations 07 Figure 2: Exterior view taken shortly after construction completion 09 Figure 3: Aerial view of Martinez Detention Facility in downtown Martinez 10 Figure 4: Aerial view of the MDF facility 10 Figure 5: MDF - Unit Overcrowding Diagram 10 Figure 6: Diagram showing approximate obstructions to line-of-sight in typical living unit 12 Figure 7: Martinez Detention Facility 1st and 2nd Floor Plan 14 Figure 8: Martinez Detention Facility 3rd and 4th Floor Plan 15 Figure 9: Aerial view of West County Detention facility 16 Figure 10: West County Detention Facility Site Plan 17 Figure 11: Exterior of MCDF Administration Building 19 Figure 12: Aerial campus view with building labels 19 Figure 13: Age Distribution 24 Figure 14: Length of Stay Distribution 24 Figure 15: Average Length of Stay 24 Figure 16: Sentenced vs. Presentenced 25 Figure 17: People incarcerated in jails across California 25 Figure 18: People incarcerated in the Contra Costa jail system 25 Figure 19: Most Serious Charge 26 Figure 20: Misdemeanants on Probation or Parole at Time of Arrest 26 Figure 21: MDF Male Age Distribution 28 Figure 22: WCDF Male Age Distribution 29 Figure 23: Number of WCDF Males - Length of Stay Distribution 29 Figure 24: Number of WCDF Females - Age Distribution 30 Figure 25: Number of WCDF Females - Length of Stay Distribution 30 Figure 26: MCDF Age Distribution 31 Figure 27: MCDF Average Length of Stay Distribution 31 Figure 28: Contra Costa County Office of the Sheriff Classification Point System 34 Figure 29: Contra Costa County Historical Population 47 Figure 30: Contra Costa County Projected Population 48 Figure 31: Felony Crime Trends in Contra Costa County, 2005-2014 49 Figure 32: Total Felony Offenses in Contra Costa County, 2005-2014 49 Figure 33: Total Misdemeanor Offenses in Contra Costa County, 2006-2014 49 Figure 34: Average Monthly Admissions 50 Figure 35: Average Daily Population 50 Figure 36: ADP by Facility 51 Figure 37: MDF ADP Versus Capacity 51 Figure 38: AB109 Commitments and Holds 52 Figure 39: The typical housing unit is irregularly planned, with large structural concrete columns throughout, interfering with visual supervision. 58 Figure 40: The officers’ station in a typical housing unit has numerous blind spots and lacks visual access to much of the mezzanine level. 58 Figure 41: Conditions in the recently modified Reception & Release area are still crowded, with line-of-sight challenges throughout. 59 Figure 42: The control room at the indirect supervision Maximum Security “Special Circumstances Housing” pod with 3 units has extremely limited lines of sight. 59 Figure 43: The view to the open seating area from the officers station in Reception & Release is partially obscured by a large structural column. 59 Figure 44: The complex angular layout of Reception & Release makes it impossible to supervise from one location. 59 February 7, 2017 Contra Costa County Board of Supervisors Minutes 456 08.28.2015 Figure 45: The Reception & Transfer area at WCDF is modern, open and offers an acceptable degree of line of sight throughout. 60 Figure 46: Housing units have some of the sight line issues endemic at MDF but are less of an issue in the medium security environment. 60 Figure 47: Movement within the medium security open campus is controlled and monitored both by staff and control fences and cordoned program clusters. 61 Figure 48: The open waiting area for Reception & Transfer at WCDF is clearly visible from the staff station. 61 Figure 49: While not optimal due to unit layout and badly situated structural columns, the staff station at a typical housing unit offers better line-of-sight than at MDF. 61 Figure 50: The women’s sub-unit at the co-ed housing unit (lower level, left) is problematic in sight lines and visual interaction between male and female residents. 61 Figure 51: MCDF is an open “honor farm” type campus offering free-walk to a variety of buildings throughout the campus within a medium security perimeter. 62 Figure 52: The housing unit’s sight lines pose some limit to direct supervision; however, this is of modest concern in the low-security MCDF. 62 Figure 53: The dormitories are relatively open, but are not designed for full visual supervision. They are appropriate only as low-security housing. 63 Figure 54: There is no visiting center at MCDF, so the dining hall is also used for non-contact visitation. 63 February 7, 2017 Contra Costa County Board of Supervisors Minutes 457 08.28.2015 vi February 7, 2017 Contra Costa County Board of Supervisors Minutes 458 08.28.2015 Acknowledgments The project team would like to acknowledge the following individuals for their insight and contributions to the development of the 2015 Jail Needs Assessment Report: Sheriff David Livingston Office of the Sheriff, Contra Costa County Undersheriff Michael Casten Office of the Sheriff, Contra Costa County Assistant Sheriff Matthew Schuler Office of the Sheriff, Contra Costa County Captain Thomas Chalk Office of the Sheriff, Contra Costa County Captain Chris Simmons Office of the Sheriff, Contra Costa County Lieutenant Brian Bonthron Office of the Sheriff, Contra Costa County Director Patty Grant Office of the Sheriff, Contra Costa County Sergeant Eric McQuoid Office of the Sheriff, Contra Costa County Deputy Brian Zaiser Office of the Sheriff, Contra Costa County Admin. Services Assistant Chrystine Robbins Office of the Sheriff, Contra Costa County Admin. Services Assistant Amrita Kaur Office of the Sheriff, Contra Costa County Specialist Sean Boyle Office of the Sheriff, Contra Costa County Detention Mental Health Supervisor Candace Kunz-Tao Contra Costa Health Services Department Detention Health Services Administrator Samuel Rosales Contra Costa Health Services Department Detention Mental Health Clinical Specialist David Ezra Contra Costa Health Services Department Director Lindy Khan Contra Costa County Office of Education Principal Angela Hatter Contra Costa County Office of Education The research and analysis for this report were conducted by HDR. Senior Justice Planner David Bostwick served as primary author, with support from John A. MacAllister, Director of Justice Consulting. Rebecca Liebentritt was responsible for the document’s design and production, and Casie Jones provided administrative support to produce the data. Rebecca Brown, behavioral health program designer and President of the social justice consulting firm Further The Work, was the author of the program design in Section E and, in partnership with Donté Blue, Reentry Coordinator for Contra Costa County, worked closely with HDR to produce this document. Nick Kollios, of DSA, Inc. developed and provided the Proposed Facility Functional Analysis in Section L. February 7, 2017 Contra Costa County Board of Supervisors Minutes 459 08.28.2015 viii February 7, 2017 Contra Costa County Board of Supervisors Minutes 460 Jail Needs AssessmentJail Needs Assessment February 7, 2017 Contra Costa County Board of Supervisors Minutes 461 February 7, 2017 Contra Costa County Board of Supervisors Minutes 462 08.28.2015 Introduction / Executive Summary Introduction This 2015 Jail Needs Assessment (JNA) for the Contra Costa County Adult Detention System was developed to comply with California Code of Regulations (CCR) Title 24, Sec. 13-102(c) 2. Projections are based on updated county population and resident profile information current through 2014 and 2015. The report includes a summary of 2019/2020 bed capacity requirements and outlines the proposed phased development of the West County Detention Facility site to meet the County’s detention system needs as part of long term strategic plan. Contra Costa County proposes to construct a new adult detention facility at the West County Detention Facility to provide 416 high security beds, a dedicated behavioral health housing unit, a child/parent contact visitation center, a workforce readiness center, a rehabilitative service center, academic classrooms, and administrative and staff support spaces to meet both current and future needs of the Contra Costa County Adult Detention System. Executive Summary Over the years, Contra Costa County and the Office of the Sheriff have been active and effective in managing the County’s criminal justice and detention systems to reduce the number of people held in custody. The effect of these efforts is reflected in the County’s low per capita incarceration rate, at 33% below the state average . Despite the County’s best efforts, however, including the use of alternatives to detention programs and the implementation of a pilot Pretrial Services program, the detention system has struggled to keep pace with County population growth, coupled with the rapid increase in statewide incarceration rates over the past 30 years.1 Informed by detailed data and analysis, this JNA makes a number of recommendations to enhance the operations and beneficial effects of the County detention system, strengthen programming to improve reentry success, and reduce recidivism to increase public safety. The centerpiece of the plan is the creation of a new reentry, treatment, and housing facility to be located within the secure perimeter of the existing West County Detention Facility (WCDF). Providing 416 replacement high-security beds, the proposed West County Reentry, Treatment, and Housing Facility (WRTH) will allow the County to depopulate the aging and overcrowded Martinez Detention Facility (MDF), increasing its safe and effective operations consistent with its original direct supervision design. WRTH includes the construction of a Reentry Services Complex to house reentry and workforce readiness services, behavioral health services, and child/ parent contact visitation services. All people housed in either new or existing housing units at WCDF will have access to a robust array of programming and services currently unavailable at WCDF or MDF due to serious space, design, and capacity limitations. 1 Between 1984 and 2014, the County’s population has increased by 56.9%, rising from 698,814 to 1,096,637. February 7, 2017 Contra Costa County Board of Supervisors Minutes 463 08.28.2015 02 Contra Costa County California | Section | Introduction / Executive Summary Executive Summary System-Related Findings: •Assuming that the detention system capacity needs will track County population growth, it is anticipated that the detention system’s capacity needs will be 1,926 beds by 2019; 2,042 beds by 2025; and 2,137 beds by 2030. •Despite statewide and national growth in rates of incarceration, the County’s average daily population (ADP) numbers have been relatively flat over the past 10 years; however, the jail system sorely lacks high-security housing capacity, resulting in serious overcrowding at MDF. •The impact of AB109 on the total number of residents in the detention system has been modest. Because the County has historically sent relatively small numbers of people to serve their sentences in state prison, relatively small numbers of people have been returned to County control since the advent of AB109. •However, a meaningful but unknowable percentage of the unsentenced population detained in the County’s jail system at any given moment may eventually be sentenced under AB109 provisions, which would then require them to serve their custodial term in the County jail system rather than in state prison. •The detention system lacks a Jail Management System (JMS) capable of supporting real-time, accurate, and comprehensive data analysis for use in classification decisions, service delivery, program participation, or participant progress. A modern, HIPAA-compliant JMS would substantially improve daily management, data analysis, and outcome evaluations. •Constructing 416 high-security beds at the WRTH will mitigate pressing custodial deficiencies at the Martinez Detention Facility, substantially reducing MDF’s overcrowded, compacted, and unsafe conditions. Population-Related Findings: •The County’s jail incarceration rate of 143 (per 100,000 population) in 2014 was 33% lower than the state’s incarceration rate of 214 (per 100,000 population). •The JNA’s snapshot analysis revealed that the Sheriff’s Alternative to Detention programs, along with the County’s Pretrial Services Program, reduced the jail system’s average daily population (ADP) by 661 people. •The County’s comparatively low incarceration rate, as indicated above, suggests that the County is more effective than state averages at pretrial-releasing or cite- releasing people who have been charged with relatively minor offenses, allowing them to remain out of custody until their case is heard. Correspondingly, people who are not released from the County jail system (whether pretrial or sentenced) are, on average, those charged with or convicted of relatively serious offenses. •This finding is consistent with the jail system’s relatively long Average Length of Stay in custody (ALOS), at 181 days. Given that many people (both pretrial or sentenced) are released on various detention-alternative programs, it is to be expected that people who remain in custody on relatively serious charges are likely to have longer ALOS in detention. •Thirty-six percent of people held in the jail system were on probation or parole when they were returned to custody. While not uncommon in many jurisdictions, this statistic highlights the need for a strong continuum of program and services both while in custody and in community. Findings Specific to Martinez Detention Facility: •MDF’s original facility design and operational philosophy have been severely compromised in the past 30 years, due in large part to the fact that its BSCC-rated capacity has nearly been nearly doubled since its original rating in 1981. •With its current double-bunked operations, MDF is chronically operating above functional capacity and often experiences population peaks above its current rated capacity. •Though originally designed as a medium-security facility, MDF has come to serve as the County’s only high-security facility as well as its behavioral health facility, neither of which is consistent with its original intent as a medium-security facility designed to house people for short terms, usually during their Court proceedings. •Because MDF was not designed to provide long-term housing and thus lacks any meaningful program spaces, MDF’s physical infrastructure enables the provision of essentially no programs or therapeutic services to the very populations that could most benefit from these resources. •Because MDF’s current rated-capacity is nearly double the number for which it was designed, people incarcerated at MDF experience extremely long periods of confinement in their cells, which is inconsistent with either safety or rehabilitation. February 7, 2017 Contra Costa County Board of Supervisors Minutes 464 08.28.2015 03 Contra Costa County California | Section | Introduction / Executive Summary Recommendations Recommendations 1. Move people with behavioral health needs out of MDF and into new and appropriate housing. Current housing conditions and lack of access to rehabilitative programs and therapeutic services exacerbate behavioral health issues and are inconsistent with recovery and successful reentry. 2. Depopulate MDF to improve resident behavioral management and safety and security. When built, MDF was a state-of-the-art direct supervision facility in both physical plant and operational philosophy. However, because the increases in its BSCC-rated capacity in the last 30 years have led to chronic double-bunking and overcrowding, the tenets of direct supervision cannot be maintained, compromising the safety and security of residents and staff, as demonstrated by high rates of assaults at the facility. Returning the housing unit capacities to 48 beds as originally designed will improve safety and security at MDF. In addition, reducing the overcrowded conditions will improve enhance the effectiveness of any new programming introduced at the facility. 3. Increase the availability of programs that enhance reintegration back into the community and reduce recidivism. After enhancements in programming and JMS, develop metrics to measure success and identify areas in need of improvement. In particular, measure the recidivism rates of people who have been returned to custody, including those returned while on probation or parole. Approximately 36% of people in the Contra Costa detention system were under judicial supervision at the time of their return to custody. On the surface, this suggests large gaps or weaknesses in the continuum of reentry and reintegration programming, both in custody and in community. Reducing the number of people on probation or parole when returned to jail should be a high priority. This group, while still under judicial supervision, could be targeted for in- custody and post-incarceration programming to enhance their rates of success. 4. Enhance programming opportunities for 18-24 year olds. Of the various age cohorts, this group is the largest within the Contra Costa jail system. Providing a continuum of appropriate services in-custody, during transition, and during reintegration is consistent with best practices recognized nationally. Reducing the number of young adults in the system can support long-term recidivism reduction. 5. Following the development and implementation of a robust and integrated Jail Management System (JMS), modify the intake process to solicit more information, including: •Prior arrests •Parental status •Ages of children, if any •Housing status (prior to arrest) •Employment status (prior to arrest) •Behavioral health status •Family involvement in the Child Welfare system •Status of enrollment in healthcare •Contact information for family member or other personal support A good JMS is worth its weight in gold, providing useable data for analysis to guide operations, improve policies, and inform new initiatives. The current JMS can produce only extremely limited data reports and does not appropriately integrate information provided by the various departments that operate inside the detention system. In developing this JNA, nearly all of the data related to demographics and composition of the population currently incarcerated in the jail required manual aggregation – an extremely time-consuming and inefficient process. A data system that allows for real-time data collection, output, and analysis, designed to comply with all state and federal privacy laws, would allow the Sheriff’s Office to be more nimble and responsive to the needs of the detention population. February 7, 2017 Contra Costa County Board of Supervisors Minutes 465 08.28.2015 04 Contra Costa County California | Section | Introduction / Executive Summary Recommendations Organization of the Report1 The 2015 Jail Needs Assessment is organized into the following twelve sections: A. Elements of the System B. The Department’s Operational and Design Philosophy C. The Current Population D. The Classification System E. Program Needs F. Local Trends and Characteristics G. Adequacy of Staffing Levels H. Ability to Provide Visual Supervision I. Adequacy of Record Keeping J. History of Systems Compliance with Standards K. Any Unresolved Issues L. Proposed Facility Functional Analysis 1 Consistent with Title 24 Regulations, Section 6030, Penal Code; 13-102.(c)2 Needs Assessment Study. 6. Investigate the use of a behavior-based classification system in lieu of a charge- based classification system. A behavior-based classification system is an effective management and safety and security tool. At its most basic level, such a classification system allows security detention staff to regularly recognize and encourage positive behavior. In most jail systems across the country, an individual’s security classification is reviewed only when the person’s behavior triggers negative sanctions; an increase in classification rating (from medium to high, for example) typically reduces privileges and greater increases restrictions. However, a strong JMS, coupled with progressive operational policies, would enhance current classification review practices by automatically identifying people whose positive behavior (for example, making steady progress towards the goals outlined in an Individual Success Plan) warrants reclassification consideration. This would automate the practice of rewarding people for positive efforts, reducing their restrictions and increasing their privileges. Establishing an automated system of graduated classifications and sanctions based on behavior will enhance population management and foster reentry readiness. February 7, 2017 Contra Costa County Board of Supervisors Minutes 466 08.28.2015 05 Contra Costa County California | Section | Introduction / Executive Summary Definitions Definitions1 AB 109: California Assembly Bill 109 (also known as prison realignment) allows people convicted of non-violent, non-serious, and non-sex offenses to serve their sentences in county jails instead of state prisons. ADA: Americans with Disabilities Act ADMISSIONS or BOOKINGS: The number of residents admitted to a facility/system by day, month, or year. ADP: Average Daily Population AOD: Alcohol and Other Drugs AVERAGE DAILY POPULATION (ADP): The average number of residents housed daily during a specified period of time. AVERAGE LENGTH OF STAY (ALOS): The average time an resident spends in a facility/ system before he or she is released. BEHAVIORAL HEALTH: Behavioral health is an umbrella term that recognizes the interconnected nature of behavioral choices, emotional health, mental health and substance use. It is increasingly used as the preferred term, replacing both “mental health” and “substance abuse.” BSCC: Board of State and Community Corrections CBT: Cognitive-Based Treatment CCTV: Closed Circuit Television (Video Systems) CDCR: California Department of Corrections and Rehabilitation CSA: Correctional Services Assistant CSSA: California State Sheriff’s Association 1 Some definitions extracted from the Minimum Standards for Local Detention Facilities; Title 24 Part 1, Section 13-102. DISCIPLINARY ISOLATION: Consists of an individual’s confinement in a cell or housing unit separate from the general population of a jail or prison. DIRECT SUPERVISION: A supervision model that combines two key elements— physical plant design and an resident management strategy—to significantly enhance behavior management in jails. Direct supervision jails focus on actively managing behavior to produce a jail that is safe and secure for residents, staff, and visitors. Staff interact continuously with people housed within a unit, actively supervising them to identify problems in their early stages. They use basic management techniques to prevent negative behavior and encourage positive behavior. The physical plant is designed to support safe and effective management by reducing physical barriers that impede staff-resident interaction, by ensuring there are clear sightlines into all area of the housing units, and by incorporating design elements, fixtures, and furnishings that promote positive behavior. EBP: Evidence Based Practice FUNCTIONAL CAPACITY: Generally considered to be 85% of a facility’s rated capacity, allowing 15% bed capacity for classification and separation needs and to accommodate temporary spikes in the facility’s incarcerated population. HIPAA: Health Insurance Portability and Accountability Act JAIL: As used in Article 8, a Type II or III facility as defined in the “Minimum Standards for Local Detention Facilities.” MCDF: Marsh Creek Detention Facility MDF: Martinez Detention Facility NIC: National Institute of Corrections NON-RATED CAPACITY: Beds not included in a facility’s rated capacity. February 7, 2017 Contra Costa County Board of Supervisors Minutes 467 08.28.2015 06 Contra Costa County California | Section | Introduction / Executive Summary Definitions TYPE IV FACILITY: A local detention facility or portion thereof designated for the housing of residents eligible under Penal Code Section 1208 for work/education furlough and/or other programs involving resident access into the community. WCDF: West County Detention Facility PEAKING: During some short periods of time, a facility may experience a brief spike in its population. For this reason, future space needs cannot be predicted based on ADP alone. In order to account for these spikes, a “peaking factor” is calculated for each historical year. The three months with the highest ADP values are averaged together as the “three-month high.” The peaking factor is then calculated as the percentage difference between the three-month high and the year’s overall ADP. PRESENTENCED PERSON: An individual being held awaiting the disposition of his or her case. PTSD: Post-Traumatic Stress Disorder RATED CAPACITY: The number of resident occupants for which a facility’s single- and double-occupancy cells, or dormitories, except those dedicated for health care or disciplinary isolation housing, were planned and designed in conformity to the standards and requirements contained in Title 24 and in Title 15, C.C.R. SENTENCED PERSON: A person who has been sentenced on all local charges. TAY: Transition-Aged Youth TYPE I FACILITY: A local detention facility used for the detention of persons, for not more than 96 hours, excluding holidays, after booking. Such a Type I facility may also detain persons on court order either for their own safekeeping or sentenced to a city jail as an Inmate Worker, and may house Inmate Workers sentenced to the county adult detention facility provided such placement in the facility is made on a voluntary basis on the part of the incarcerated person. As used in this section, an Inmate Worker is defined as a person assigned to perform designated tasks outside of his/her cell or dormitory, pursuant to the written policy of the facility, for a minimum of four hours each day on a five-day scheduled work week. TYPE II FACILITY: A local detention facility used for the detention of persons pending arraignment, during trial, and upon a sentence of commitment. TYPE III FACILITY: A local detention facility used only for the detention of convicted and sentenced persons. February 7, 2017 Contra Costa County Board of Supervisors Minutes 468 08.28.2015 Overview of the Jail System Operated by the Contra Costa Office of the Sheriff, the Sheriff’s Custody Services Bureau is responsible for the operations of the County’s three detention facilities, as well as related transportation, custody administration, court security, and county hospital security. The Sheriff’s Office maintains an active “cite-release” policy, in which any individual brought in to the jail’s booking center for a charge less than felony (with some limited exceptions related to the charge) is provided with a written citation and released from custody on a signed promise to appear at court. The Sheriff’s Custody Services Bureau operates the Custody Alternative Facility (CAF) programs, which include Electronic Home Detention, Work Alternative, and County Parole; the Sheriff’s Office is also a partner in the County’s Pretrial Services program. Together, these programs provide alternatives to in-custody detention for both pretrial and sentenced individuals. As of the date of this report, the average daily population of people participating in these alternatives to custody programs was 661. A The Elements of the System Figure 1: Aerial view of Contra Costa County showing facility locations Facility Distance By Car Public Transportation FROM DOWNTOWN RICHMOND TO: WCDF 5 miles 12-20 min.30 min. via Bus + $2.10 MDF 20 miles 30-40 min. 40-90 min. via Amtrak + BART + Walk + $14+ MCDF 38 miles 50-70 min.90 min. via BART (x2) + Bus (x2) + Taxi +$20+ FROM DOWNTOWN MARTINEZ TO: WCDF 17 miles 25-35 min.70-90 min. via AmTrak + Bus + Walk + $14+ MDF n/a brief walk or short bus ride MCDF 23 miles 35-45 min.100-120 min. via Amtrak + BART + Taxi + $20+ Table 1: Travel Times to Facilities February 7, 2017 Contra Costa County Board of Supervisors Minutes 469 08.28.2015 08 Contra Costa County California | Section A | The Elements of the System Overview of the Jail System Contra Costa County Detention Facilities The County’s three detention facilities are located in three geographically distinct regions of Contra Costa County’s 720 square miles. Each is discussed in more detail later in this section. •Martinez Detention Facility (MDF) is located in Martinez, the County Seat, in the County’s central region. With a current BSCC-rated capacity of 695 and housing both sentenced and unsentenced men, MDF has come to serve both as the County’s high-security facility and its de facto mental-health facility for all of the County’s incarcerated men (of any security rating) with a diagnosed mental illness. •West County Detention Facility (WCDF) is located Richmond, on the County’s western edge. With a current BSCC-rated capacity of 1,096, WCDF serves as the County’s medium-security facility. WCDF also provides a limited number special-needs beds for medium-security women with diagnosed mental illness or other challenges. •Marsh Creek Detention Facility (MCDF) is located in the rural outskirts of Clayton, in the eastern/central region. With a current BSCC-rated capacity of 188, MCDF serves as the County’s low-security housing for sentenced men in an “honor system” farm-style campus. The current BSCC-rated capacity for the entire jail system is 1,979 beds; issues affecting rated capacity will be addressed later in this section. “New Generation” Direct and Indirect Supervision Models Opened in 1981 and 1991, respectively, both MDF and WCDF were designed and intended to operate as “new generation” facilities using “direct supervision” philosophies.1 A short history in American correctional philosophies will provide context to help illuminate the importance and consequence of these philosophies. From the early 20th century through the 1970s, the most common approach to the design of American detention facilities is the so-called “traditional jail” model, which was designed to be operated using the “linear/ intermittent surveillance model.” Jails designed this way were generally rectangular, with corridors leading to either single-or multiple-occupancy cells arranged at right angles to the corridor. This design required correctional officers to patrol the corridors and visually observe each of the cells or housing areas at a time, meaning that when they were observing one area, they could not simultaneously observe others. 1 Built in the 1930s, MCDF predates the “new generation” era; and as a low-security, ranch-style facility, it also does not follow the “linear” model that characterized detention facilities of its era In contrast, “new generation” jails, developed in the 1970s and 1980s, replaced the linear/intermittent surveillance model. Recognized as an innovation in correctional approaches, new generation jails eliminated long corridors of cells, instead clustering a group of cells around a common open space or day room. While the physical design of new generation jails remained generally consistent over the next 30-40 years, two differing management philosophies - direct supervision and indirect supervision - emerged to operate these new generation jails. 1. Direct supervision models combine two key elements - the physical design of a jail and the operational approaches to managing people housed therein - to significantly behavioral problems and enhance a jail’s safety and effectiveness. In direct supervision models, the jail’s physical design and its operational philosophy are intended to reinforce and complement one another. In terms of physical layout, direct supervision jails establish housing “pods,” defined as a cluster of cells surrounding a living area that contains tables, chairs, and televisions. The pod’s residents typically have ongoing access to the pod’s day room; in some jails, people are also allowed to move back and forth from their rooms to the day room, although this aspect can vary from jail to jail. Stationed within the pod, and with no physical barriers to interaction with a pod’s residents, a correctional officer has increased opportunities for interaction and ongoing observation, increasing the officer’s awareness of the activities and needs of the pod’s residents. One of the primary duties of correctional officers in direct supervision facilities is to maintain personal contact with residents. In fact, security depends upon the ability of highly trained staff to detect and defuse potential problems. The physical design of direct-supervision jails supports positive behavior and effective management by reducing physical barriers that impede staff/resident interaction, by ensuring clear sight lines into all areas of the housing units, and by incorporating design elements, fixtures, and furnishings that promote positive behavior. 2. In contrast, indirect supervision facilities separate a unit’s incarcerated residents from its corrections officers, who operate from enclosed control booths. In indirect- supervision models, it is typical to rely on elaborate detection, locking, and remote communication systems, all operated from the control station. Microphones and speakers inside the pod allow the officer to hear and communicate with residents. February 7, 2017 Contra Costa County Board of Supervisors Minutes 470 08.28.2015 09 Contra Costa County California | Section A | The Elements of the System Martinez Detention Facility (MDF) Generally, the main role of the correctional officer in indirect supervision facilities is to operate the control systems to monitor residents’ behavior. Minor infractions are dealt with through limited intervention on the part of the officer; in the case of a major infraction, backup staff is called. Both MDF and WCDF were designed and intended to operate as new generation facilities using “direct supervision” philosophies.2 Elements of the System The following is a detailed profile of each of the three jails in the Contra Costa County system, including synopses of the operational and physical plant issues and/or opportunities associated with each facility. Martinez Detention Facility (MDF) Location: Martinez Year Opened: 1981 Facility Type: Type II Number of Beds: 695 rated Overview Designed in 1978 and completed in 1981, Martinez Detention Facility (MDF) was built as a direct-supervision, new generation, medium-security jail, with an original BSCC-rated capacity of 384. It includes nine housing units (the configuration and use of which are described in the table and plans on the pages that follow), along with administrative offices for the Custody Bureau Commander and support personnel for the entire division. When opened 1981, MDF was hailed as a model for future detention facilities, becoming a regional resource center for the National Institute of Corrections, which formally endorsed its direct supervision / non-barrier approach to correctional facility design and operation for other jurisdictions contemplating construction or renovation of prisons and jails. Originally intended to house both men and women in single-occupancy “wet” cells (meaning that each cell contains its own sink and toilet) in 48-person housing pods 2 Built in the 1930s, the rural MCDF predates the “new generation” era; and as a low-security, ranch-style facility, its physical design also predates the “linear” model that of the 1970s and 1980s. using direct supervision, MDF was expected to hold primarily unsentenced people and to hold them only for relatively short durations (typically during times when the judicial proceedings of their cases required their frequent appearance at Court). MDF was not intended to provide programs or services, and its original design included only 53 high- security beds in an otherwise medium-security facility. However, since its opening in 1981, MDF has gradually and consistently been required to serve as the County’s only high-security facility, a purpose for which it is not equipped. Today, with a revised BSCC-rated capacity of 695 (nearly double its original 384-bed intended capacity), MDF holds an average daily population of 650 people in double- bunked cells within 90-96-bed housing units, inconsistent with the single-bunk and original rated capacity assumptions embedded the facility’s direct-supervision design. More troubling still, because both WCDF and MCDF lack adequate administrative and clinical space necessary to provide mental health supervision and clinical management, all mentally ill men (and some mentally ill women) incarcerated in the County detention system are housed at MDF, regardless of their security classification. As a result, and although it was originally designed as a medium-security facility to house people for short-term stays, the overcrowded MDF has also come to serve as the only facility for men with mental health diagnoses or other secondary security characteristics. Figure 2: Exterior view taken shortly after construction completion Of particular note is that persons who would have been incarcerated in the state prison system in days gone by would now be serving many years of their sentences in the county jail as a result of a recent Supreme Court ruling in Brown v. Plata and new laws enacted by the California legislature that has resulted in a paradigm shift in the operation of county jails. The most significant difference between most other counties and Contra Costa is the current inventory of jail beds and new jail facilities in those other jurisdictions that offer more flexibility and security. While many jails have struggled with the ever changing classification of inmates, Contra Costa County suffers more because the inadequate jail design that was based upon a utopian jail philosophy is now built into the bricks. While this deficit in security has been known for many years, the County and specifically the Sheriff’s Office, did not anticipate having to deal with the influx of individuals who will bring with them the culture of the state prison system into the county jails. As a result of the passage of AB-109, a backdrop has been set; creating a new reality for jails in general, but especially for the Contra Costa jail facilities, uniquely and in particular, because of the now-demonstrated failure of its unique design. These monuments to a bygone era, while for the most part are clean and serviceable, are woefully inadequate in terms of the safety of staff and inmates and lack appropriate space to offer meaningful programs to inmates populating the jail system. Elements of the System The following is a detailed profile of each of the three ja ils in the Contra Costa County system including synopses of the operational and physical plant issues and/or opportunities associated with each facility. MARTINEZ DETENTION FACILITY (MDF) Location: Downtown Martinez Year Opened: 1981 Facility Type: Type II Number of Beds: 695 rated Overview The Martinez Detention Facility (MDF) was built as a high-security environment to house pre-sentenced and sentenced inmates who do not qualify for less restrictiv e environments. The facility was completed in 1981 and since that time, the requirements of a high security environment have changed drastically. Figure 2: Exterior view taken shortly after construction completion. February 7, 2017 Contra Costa County Board of Supervisors Minutes 471 08.28.2015 10 Contra Costa County California | Section A | The Elements of the System Martinez Detention Facility (MDF) Figure 4: Aerial view of the MDF facility. The MDF is a direct and indirect supervision, “new generation” jail designed to operate as a coeducational, primarily pre-trial facility. It is a densely planned urban model that is intended to minimize movement of inmates within its confines. The facility as designed is grossly inadequate in its ability to serve the level and number of inmates assigned there. In addition to inmate housing, the facility also contains administrative offices for the Custody Bureau Commander and support personnel for the entire division. The MDF has a rated capacity of 695 inmates but has for many years been operated at twice the originally intended capacity within each of the housing units. In all, there are nine housing units, the configuration and use of which are described in the spreadsheet and plans on the pages that follow. THIS NEEDS ATTENTION. First opened in the 1980’s, the Martinez Detention Facility (MDF) was hailed as a model for future detention facilities and a regional resource center for the National Institute of Corrections (NIC). With the MDF as one of its prime models, in 1984 NIC’s Advisory Board formally endorsed the direct supervision / non- barrier approach to correctional facility design and operation for jurisdictions contemplating construction or renovation of prisons and jails. The construction of MDF introduced a new era in jail design and operational philosophy which for a few years became a showcase in jail management. During those early years many correctional managers from other jurisdictions who toured the MDF in an effort to learn and adopt some of the innovations built into Contra Costa’s newly designed jail. At that time, the MDF served the needs of the County, and was a model for other jurisdictions for a number of years. The MDF currently provides 695 rated beds. Figure 3: Aerial view of Martinez Detention Facility in downtown Martinez. Figure 3: Aerial view of Martinez Detention Facility in downtown Martinez Figure 4: Aerial view of the MDF facility With day rooms sized for MDF’s original intended capacity, and given the absence of meaningful program spaces, people incarcerated are the current MDF experience long periods of confinement with essentially no access to services, programs, treatment, recreation, socialization, or physical activity. The facility’s overcrowding results in chronic maintenance problems, especially to the entire plumbing system, the deficiencies of which interfere with both health and safety, despite ongoing repairs and upgrades over the years. Further, the facility’s persistent overcrowding, coupled with long periods of confinement and deficient program space, presenting serious safety concerns for all. •Because the day rooms are sized only for 48 people, only about 50% of the people housed in a given unit can be released from their cells at any given time, resulting in long, unbroken stretches of confinement. Figure 5: MDF - Unit Overcrowding Diagram However despite the MDF’s having been innovative and ‘state of the art’ when it first came on line, subsequent changes in the inmate population, particularly related to prison realignment, have limited the facility’s operational effectiveness, with many of those limitations coming from the very things for which its design was originally praised. One of the downsides of having been innovative was that the physical plant could not adapt to a newer correctional reality that has emerged over the many years since the MDF first opened. As a result, the MDF is now pioneering a new area of professional inquiry; it is sparking the question, “What happens when the first new generation jail becomes the first new generation jail to become obsolete?” The MDF was designed with a correctional philosophy that held that individuals would, if given the opportunity, self-regulate their behavior in the jail and that disruptive or problem individuals accounted for only a small portion of the jail population. Given this correctional philosophy, the designers constructed only a very few cells for individuals requiring a high level of security. Certainly, no one at the time, in Contra Costa County or elsewhere, envisioned that California’s jails would morph into the communities’ default mental institutions and have to deal with a more challenging inmate population, including persons who at a different time would have been sentenced to state prison. The MDF’s design and operational philosophy also promoted the ideas of a direct supervision by custody staff stationed inside the housing area where inmates spend most of the day outside their cells in the dayroom- activity area, (but unfortunately, as will be demonstrated later, the design did not incorporate features we now know to be essential in any direct-supervision facility.) Changes in the inmate population are driving the need to make concomitant changes to facilities in order to accommodate inmates with a higher classification level, including a more violent inmate, and to deal with a surge in prison gang members who have now percolated up from the streets and down from the prisons into California’s local jails, including the MDF. These safety problems and additional issues impacting the usefulness of the MDF are addressed in detail in other sections of this report. Figure 5: MDF - Unit Overcrowding Diagram Plan graphic courtesy of KMD Architects. February 7, 2017 Contra Costa County Board of Supervisors Minutes 472 08.28.2015 11 Contra Costa County California | Section A | The Elements of the System Martinez Detention Facility (MDF) •Given the infrequent opportunities to leave their cells, and because there is no space for programs and services, each unit’s residents are extraordinarily eager to use the day room whenever possible, meaning that the day rooms are filled to capacity at every opportunity. Overcrowded day rooms reduce sight-lines, making it impossible to fulfill the principles of direct supervision. This tense and overcrowded environment creates a stressful and dangerous atmosphere for both staff and residents, as reflected in MDF’s disturbingly high rates of violent incidents, both between residents and between residents and staff. As detailed in Table 2, between 2011 and 2014 (inclusive), incidents of assault at MDF have increased by 68.75%, with the trend continuing to accelerate through the first half of 2015. The monthly average for assaults at MDF has risen from 9.3 in 2011 to 17.8 through July 2015. As a result of this overcrowding and limited access to programming, people incarcerated at MDF – including those with the most complex and urgent behavioral health needs – live in the most restrictive, most dangerous, and least rehabilitative, conditions of the entire County jail system. These deleterious living conditions, lack of appropriate services, and population levels inconsistent with direct supervision design pose serious and constant risks to the safe, secure, humane, and effective operations at MDF. They put the County at ongoing risk of violating Title 15, embodying the constraints SB 863 is intended to ameliorate. Another serious challenge presented at MDF is more concrete – literally. The architectural style that characterizes MDF reflects the blocky style common to civic architecture of the 1970s and 1980s. Adherence to a rigid geometric framework ruled the planning and design of the facility at the expense of what today would be considered sound security planning. A concrete multi-story building approximately 70 feet tall, MDF is structurally unified, meaning that each part is structurally reliant upon all the others; in its entirety, the building is considered “hard construction.” Despite its attempts to employ direct-supervision architectural design, the concrete structure depends on the use of rigid concrete columns throughout what should have been open spaces, seriously compromising sight lines and ready supervision. In the currently double- bunked units and long periods of confinement, issues of resident and staff safety are exacerbated exponentially. Finally, it is important to remember that MDF was built primarily to provide short- term housing for people awaiting trial. Thus, the need for the provision of substantive programming and treatment services was not considered or built into the design. As a result, the facility is nearly devoid of program spaces that can accommodate more than 2 or 3 individuals at a time, and even these spaces are essentially limited to one per living unit. Table 2: MDF - Monthly Batteries & Assaults 2011 2012 2013 2014 2015 January 11 7 5 13 11 February 5 8 10 11 19 March 4 3 12 13 17 April 11 14 9 18 20 May 19 12 10 18 22 June 6 10 8 13 13 July 12 20 10 16 21 August 9 16 14 16 September 11 9 11 16 October 9 11 12 15 November 6 14 10 22 December 9 16 10 18 TOTAL 112 140 127 189 MONTHLY AVERAGE 9.3 11.7 10.6 15.8 17.8 February 7, 2017 Contra Costa County Board of Supervisors Minutes 473 08.28.2015 12 Contra Costa County California | Section A | The Elements of the System Martinez Detention Facility (MDF) The Resolution The construction of the proposed West County Reentry, Treatment and Housing project (WRTH) within the existing WCDF campus would profoundly mitigate the issues at MDF as described in this JNA. The high-security WRTH would allow the County to reduce overcrowding at MDF by reducing effective capacity from 695 to 275, returning MDF to the single-cell direct- supervision model for which it was originally designed. To accomplish the intent of removing 420 beds at MDF, the Office of the Sheriff would close two housing modules (eliminating 182 beds) and return remaining cells to single-use (eliminating 238 beds). Returning the number of people housed at MDF to the levels intended in its original single-cell design and operational philosophy would resolve a major safety issue, once again permitting MDF to operate as a direct supervision model, with its inherent advantages. The WRTH’s dedicated Behavioral Health Housing Pod, providing both an Intensive Services Unit and a Special Services Unit would increase ready access to appropriate psychiatric care and specialized housing for people with serious and persistent mental illness or those experiencing periods of short-term decompensation or detoxification. The Reentry Services Complex to be embedded in WRTH’s design would increase access to programs and services for all people housed in WCDF’s medium-security housing as well as to all high-security people transferred from MDF. Modest repurposing of the closed MDF housing units would allow increased access to programs for people housed in the scaled-down MDF. Figure 6: Diagram showing approximate obstructions to line-of-sight in typical living unit Another serious issue regarding the operation of the living units within the facility is more concrete – literally. The MDF was built at a time when the expression of civic architecture was edging on brutalistic and was fully rendered in concrete. Adherence to a rigid geometric framework ruled the planning and design of the facility at the expense of what today we would consider to be sound security planning. The living units at MDF are severely deficient in regards to sight-lines and the ability to monitor activities within the units. In the currently double-bunked units, most with particularly volatile populations, this issue becomes exacerbated exponentially. Finally, in the 1980s, jails were built for the short-term incarceration of offenders awaiting trail and for short sentences as an alternate to time in State prison. MDF is no exception. Thus, the need for the provision of substantive programming and treatment services was not considered necessary. As a result, the facility is nearly devoid of program spaces that can accommodate more than 2 or 3 individuals at a time. Even those spaces are limited to perhaps one per living unit. The MDF is not suitable for longer-term sentences that have become the norm in California’s current criminal justice environment. The Resolution Insert discussion about depopulating the HU’s and returning to intended DS operation. Incorporate small one- on-one treatment, therapy and counseling. Discuss type of inmates remaining and why facility can be appropriate when operated as intended. List benefits to MDF and County system. Figure 7: Diagram showing approximate obstructions to line-of-sight in typical living unit Another serious issue regarding the operation of the living units within the facility is more concrete – literally. The MDF was built at a time when the expression of civic architecture was edging on brutalistic and was fully rendered in concrete. Adherence to a rigid geometric framework ruled the planning and design of the facility at the expense of what today we would consider to be sound security planning. The living units at MDF are severely deficient in regards to sight-lines and the ability to monitor activities within the units. In the currently double-bunked units, most with particularly volatile populations, this issue becomes exacerbated exponentially. Finally, in the 1980s, jails were built for the short-term incarceration of offenders awaiting trail and for short sentences as an alternate to time in State prison. MDF is no exception. Thus, the need for the provision of substantive programming and treatment services was not considered necessary. As a result, the facility is nearly devoid of program spaces that can accommodate more than 2 or 3 individuals at a time. Even those spaces are limited to perhaps one per living unit. The MDF is not suitable for longer-term sentences that have become the norm in California’s current criminal justice environment. The Resolution Insert discussion about depopulating the HU’s and returning to intended DS operation. Incorporate small one- on-one treatment, therapy and counseling. Discuss type of inmates remaining and why facility can be appropriate when operated as intended. List benefits to MDF and County system. Figure 7: Diagram showing approximate obstructions to line-of-sight in typical living unit Plan graphic courtesy of KMD Architects. February 7, 2017 Contra Costa County Board of Supervisors Minutes 474 08.28.2015 13 Contra Costa County California | Section A | The Elements of the System Martinez Detention Facility (MDF) MARTINEZ DETENTION FACILITY (MDF) Comments / Unit description Sgl. Dbl. Mult. Dorm Intake Direct n/a 9 X X n/a n/a M/F 2 single Suicide Cells; 2 single Sobering Cells; 5 general use Holding Cells. Module A Direct 92 46 X Max.M Northern gang members incompatible with general population. Module B Direct 90 45 X Max.M Other gangs incompatible with general population. Module C Direct 92 46 X Max.M Other gangs incompatible with general population. Module D - Unit a Indirect 32 32 X Max.M Module D - Unit b Indirect 12 12 X Max.M Module D - Unit c Indirect 9 9 X Max.M Module E Direct 90 45 X Max.M Protective Custody Module F - Unit a Direct 74 37 X Max.M Mostly medical needs people. CPAP, Diabetes, etc. 4 negative pressure isolation cells. Module F - Unit b Direct 22 11 X Max.M Protective custody overflow. Module M Direct 54 30 X Max.M & F Primarily behavioral unit. 3 Medical Beds; 2 Observation Cells; 1 Safety Cell; 1 single cell Module Q Direct 82 41 X Max.M Administrative Segregation & overflow from Module D Module T Direct 60 30 X Trustee M Staff support, some PC overflow. 709 695 416 279 Unit Classification M /F?Unit Designation Direct/ Indirect? Current Rated Bed Utilization # of Cells Type of Cells Porgram or Interview Rm? "Special Circumstances" High Profile, Death Row, Escape Risk, Actively Aggressive, Assault on Officers, Disciplinary Segregation, etc. Remaining people Each Unit has 1 small interview room with a maximum capacity of 4 people. The unit design offers no possibility of direct supervision which poses a staffing and safety risk. Total people likely to move to new facility Current Bed Utilization Total Rated Beds Table 3: Martinez Existing Facility Unit-Bed Count February 7, 2017 Contra Costa County Board of Supervisors Minutes 475 08.28.2015 14 Contra Costa County California | Section A | The Elements of the System Martinez Detention Facility (MDF) Figure 7: Martinez Detention Facility 1st and 2nd Floor Plan Plan graphic courtesy of KMD Architects. February 7, 2017 Contra Costa County Board of Supervisors Minutes 476 08.28.2015 15 Contra Costa County California | Section A | The Elements of the System Martinez Detention Facility (MDF) Figure 8: Martinez Detention Facility 3rd and 4th Floor Plan Plan graphic courtesy of KMD Architects. February 7, 2017 Contra Costa County Board of Supervisors Minutes 477 08.28.2015 16 Contra Costa County California | Section A | The Elements of the System West County Detention Facility (WCDF) West County Detention Facility (WCDF) Location: Richmond Year Opened: 1991 Facility Type: Type II Number of Beds: 1,096 rated Overview The medium-security West County Detention Facility (WCDF), opened in 1991, is the newest of the detention facilities in Contra Costa County. Like MDF, it was designed as a new-generation, medium-security facility intended to operate on a direct supervision model. However, WCDF differs from MDF in two critical ways: •First, it was specifically intended to provide meaningful space to allow for state- mandated services within the campus. As a result, WCDF contains two “programs” buildings – a men’s building with five classrooms and a library; and a women’s building with two classrooms, a small satellite library space, and engraving and framing vocational shops. •Second, WCDF’s component buildings are arrayed within a park-like campus setting that allows for, and indeed encourages, movement between housing and program clusters within the existing perimeter. The WCDF is often described as, and in fact looks more like, a college campus rather than a jail facility. Today, WCDF has a BSCC-rated capacity of 1,096 individuals, in five housing units, four of which are used for men and one for women, each with separate recreation areas. Residents have the ability to leave the housing units for classes, medical appointments, or scheduled visits. It is important to note that WCDF lacks any meaningful program space within the housing units, meaning that classes and programs can be provided almost exclusively in the dedicated classroom buildings. As a further result, whenever the WCDF campus is placed on administrative lock-down, access to formal services and programs is suspended. Suitability for Conversion to High-Security Housing With a current rated capacity of 1,096, WCDF was not built to meet the operational needs required of a high-security facility. As with many medium-security facilities, Contra Costa’s medium-security WCDF includes only “dry” cells, which lack any plumbing. They are built with the expectation that occupants are able to move freely between their cells and the restrooms. In contrast, in high-security facilities, each cell (except for two self-contained lock-down cells per unit) must be equipped with its own sink and toilet. Therefore, any attempt to retrofit a medium-security facility must first address the need to provide entirely new system of individual plumbing and waste lines to and from every cell. In addition, as a medium-security facility, the rooms at WCDF are built with Sheetrock walls and wooden doors, which are not consistent with the safe and secure housing of people with high-security ratings. In order to retrofit these cells, all the doors would have to be replaced to meet high-security standards, while the Sheetrock walls would have to be replaced with cinder block or a similar material. Further, converting a double-bunked “dry” cell to a similarly double-bunked “wet” cell, which would require the installation of a sink and toilet, would thereby reduce the available livable square footage within the cell, rendering it no longer acceptable for housing two people, per Title 24 state standards. To add to these complications, in WCDF’s medium-security campus setting, which provides program space only in the satellite, separate classroom buildings, large numbers of the facility’s residents move at one time between the housing units and the program buildings, several times a day, to attend classes, go to medical appointments, or participate in visits, which commingles large numbers of people who must not be incompatible with one another due to gang affiliations or other issues. In a building designed for high-security populations, especially if it also contains program space within its high-security perimeter, the building’s design itself fosters ready separation of various subpopulations while protecting their ready access to the services provided within. WEST COUNTY DETENTION FACILITY (WCDF) Location: Northern Richmond Year Opened: 1991 Facility Type: Type II Number of Beds: 1,096 rated Overview The West County Detention Facility (WCDF), opened in 1991, and is the newest of the detention facilities in Contra Costa County. The WCDF is a direct supervision, medium-security, new generation jail designed to operate as a coeducational, program-oriented facility. Although built after the Martinez Detention Facility (MDF), the WCDF was designed and constructed using the same model as that facility and used a similar design approach that replicated the operational philosophy incorporated in MDF. The key difference in these facilities is that the WCDF is a campus model that allows for, and indeed encourages, movement of inmates between housing and program clusters within a garden-like campus setting. The WCDF is often described as, and in fact looks more like, a college campus rather than a jail facility. The WCDF was built to house those sentenced inmates who do not qualify for the County’s other sentenced facilities, as well as “special needs” populations. Due to changes in the inmate population, the WCDF also provides inmate housing for pre-trial detainees. WCDF has a rated capacity of 1,196 inmates, in five housing units, four of which are for males and one for females, each with separate recreation areas. The grounds also contain individual courtyards, educational classrooms, library facilities and a chaplaincy program. Inmates have the ability to leave the housing units for classes, doctors’ appointments or scheduled visits. Deputies patrol the facility and double-fenced perimeter on bicycles, as well as in marked police vehicles. Suitability for Accommodation of the Proposed West County Reentry, Treatment and Housing Project. A primary and compelling advantage of siting the proposed Reentry, Treatment and Housing project within the existing West County Detention Facility campus is that the WCDF was originally designed to accommodate such a future expansion. The RTHP can therefor be accommodated without replication or expansion of existing support facilities, and with minimal provision for new, updated campus utility infrastructure. Figure 8: Aerial view of West County Detention facility. Figure 9: Aerial view of West County Detention facility February 7, 2017 Contra Costa County Board of Supervisors Minutes 478 08.28.2015 17 Contra Costa County California | Section A | The Elements of the System West County Detention Facility (WCDF) Finally, in medium-security settings, the Court Holding areas within the facility are designed as common spaces that hold in a single room all of the various individuals scheduled for transfer to and from Court. In contrast, Court Holding areas in a high- security facility are divided into multiple separate, self-contained rooms that allow safe separation of people who may be incompatible with other groups. Suitability for Accommodation of the Proposed Project A primary and compelling advantage of siting the proposed project on the WCDF campus is that WCDF was originally designed to accommodate future expansion; a building pad (already equipped for plumbing and electricity) entirely within the existing secure perimeter stands ready for construction, precluding the need to expand or otherwise revise the existing security fence and related perimeter roads (the one exception being temporary security fencing to separate the construction site from the rest of the campus). In addition, the campus’s core facilities (kitchen and laundry chief among them) were scaled for intended future growth. As a result, many of WRTH’s support facilities and functions will be provided through existing assets, including the booking and classifications area of MDF as well as the visitor processing facilities, kitchen, laundry, warehouse, library, building maintenance, and warehouse at WCDF. As a result of these existing resources, the majority of the state’s investments will be devoted not to ancillary facilities but to building replacement housing and unprecedented ability to deliver comprehensive programs, with the following benefits. •Substantial cost savings to the County and State by utilizing existing, adequate support facilities and major campus utility infrastructure •Ability to minimize proposed building footprint(s) allowing for optimal and appropriate siting within the existing campus perimeter •Appropriate site location allows optimal access for entire campus population and staff to Reentry Service Center •Relatively modest disruption to ongoing operations throughout the campus •Minimal visual impact upon the surrounding community with a proposed facility design Figure 10: West County Detention Facility Site Plan February 7, 2017 Contra Costa County Board of Supervisors Minutes 479 08.28.2015 18 Contra Costa County California | Section A | The Elements of the System West County Detention Facility (WCDF) WEST COUNTY DETENTION FACILITY (WCDF) Comments / Unit description Sgl. Dbl. Mult. Dorm Building 4 Direct 96 48 X Medium M & F 22 Females: 187's or incompatible with general population. 74 Males - population varies. Generally all Protective Custody/Disciplinary. Building 5A Direct 119 64 X Medium M 4 wet, single "lock-down" cells for disciple or reclassification. For all other rooms people have key control. Building 5B Direct 119 64 X Medium M See comments above. Building 6A Direct 119 64 X Medium M See comments above. Building 6B Direct 119 64 X Medium M See comments above. Building 7A Direct 119 64 X Medium M See comments above. Building 7B Direct 119 64 X Medium M See comments above. Building 8A Direct 119 64 X Medium F See comments above. Building 8B Direct 119 64 X Medium F See comments above. Current Bed Utilization 1048 Total rated beds 1,096 Direct/ Indirect? Porgram or Interview Rm? Current Rated Bed Utilization # of Cells Type of Cells Unit ClassificationUnit Designation M /F? Table 4: WCDF - Existing Facility Unit-Bed Count Table 5: WCDF Reentry, Treatment and Replacement Housing Project - Existing Facility Unit-Bed Count February 7, 2017 Contra Costa County Board of Supervisors Minutes 480 08.28.2015 19 Contra Costa County California | Section A | The Elements of the System Marsh Creek Detention Facility (MCDF) Marsh Creek Detention Facility (MCDF) Location: Clayton Year Opened: 1981 Facility Type: Type III Number of Beds: 188 rated Overview The Marsh Creek Detention Facility (MCDF) in rural Clayton is a minimum-security corrections facility designed for the confinement of low-risk sentenced males with remaining sentences of up to one year. Due to its rural location and low security environment, MCDF is frequently referred to as the “Farm,” functioning, in essence, on an honor system. MCDF has a rated capacity of 188 beds, all of which are in dormitory settings; the average population at the facility has lingered at approximately 73-76 incarcerated males for some time. The low average daily population reflects the fact that, in Contra Costa, many sentenced people are eligible to participate in the Sheriff’s Alternative to Detention programs, which allow them to serve their sentences in the community rather than in the jail. MCDF has three classrooms for group instruction, a small chapel, and a wood shop/bike repair shop. Given its small size, low-security honor system, and rural location, MCDF has very low levels of administrative, utility, medical service, and corrections staff utilization–for example, just two deputies are on duty at any given time. Figure 12: Aerial campus view with building labelsMARSH CREEK DETENTION FACILITY (MCDF) Location: Southeast of Clayton Year Opened: 1981 Facility Type: Type III Number of Beds: 188 rated Overview The Marsh Creek Detention Facility (MCDF) is a minimum security corrections facility used for the confinement of low-risk sentenced males. It provides for the care and custody of sentenced individuals serving up to one year or more in the county jail. The MCDF is frequently referred to as the ‘Farm’ because of its rural location and low security environment. It functions, in essence, as an honor farm. The MCDF has a rated capacity of 188 beds all in dormitory settings; however, the average population at the facility has lingered at approximately 73-76 incarcerated males since 2014. The underused capacity in this very low security jail facility reflects the fact that many individuals who once occupied these beds are now serving their time in alternative sentencing programs. Another factor for the low census is the lack of available medical staff who would be required to attend to various issues such as allergies to bee stings and other basic medical needs. This issue is under discussion and may be remedied in the future to optimize the ability of the facility to accept a broader base of residents. Those in residence serve a very important role for the Sheriff’s department, performing supervised work for the County both on and off-campus. The MCDF also has a very low staffing utilization – there are just two deputies on duty at any given time. The MCDF provides a variety of opportunities for residents to stay Figure 9: Exterior of MCDF Administration Building. Figure 10: Aerial campus view with building labels Figure 11: Exterior of MCDF Administration Building February 7, 2017 Contra Costa County Board of Supervisors Minutes 481 08.28.2015 20 Contra Costa County California | Section A | The Elements of the System Marsh Creek Detention Facility (MCDF) MARSH CREEK DETENTION FACILITY Comments / Unit description Sgl. Dbl. Mult. Dorm Dorm E Direct 64 n/a X Minimum M All sentenced people. Dorm D Direct 64 n/a X Minimum M All sentenced people. Current Bed Utilization 128 Total rated beds 188 Total Rated Beds in System 1,979 Direct/ Indirect? Current Rated Bed Utilization # of Cells Type of Cells Unit Classification M /F? None on-unit Porgram or Interview Rm?Unit Designation Located in Clayton, a very rural area of central/east Contra Costa County, MCDF is more than 22 miles east of Martinez, the County seat, and 39 miles from Richmond, the County’s largest city. Access to MCDF via public transportation is very limited; to travel from Richmond to MCDF by the most efficient public transit route requires traveling on two BART (mass transit) lines, a bus, and a 10-minute ride by taxi. A one-way weekday morning trip via these methods takes an hour and 40 minutes and costs an estimated $20.3 3 As calculated on 8/15/15 via tripplanner.transit.511.org Table 6: MCDF - Existing Facility Unit-Bed Count February 7, 2017 Contra Costa County Board of Supervisors Minutes 482 08.28.2015 Operational and Design Philosophy The Contra Costa County Office of the Sheriff operates three detention facilities within the Office’s Custody Services Bureau (CSB). The County’s two primary facilities are operated as direct supervision facilities. When it opened in 1981, Martinez Detention Facility (MDF) was the first direct supervision county local detention facility in the nation. For years after it opened, MDF and its operational philosophy and principles served as a model for local detention design throughout the country. Like MDF, West County Detention Facility (WCDF) was designed as a “new generation” jail. Opened in 1991, it is a direct supervision campus facility for medium-security residents. Unlike MDF, which was designed to hold people for short durations at a location convenient to the Court house, WCDF was designed for longer stays. As a result, the physical plant was designed as a campus model that containing dedicated spaces for programs and vocational training. The County’s Marsh Creek Detention Facility (MCDF) is frequently referred to as the “farm” because of it rural location. It is a minimum security facility that houses sentenced men for up to one year of County jail time. The new facility proposed for the WCDF campus is the West County Reentry, Treatment, and Housing Facility (WRTH). WRTH will continue the “new generation” jail design, operating on a direct supervision model while greatly expanding opportunities for reentry services and behavioral health treatment for higher-security classifications currently housed at MDF. Core Values of the Contra Costa County Office of the Sheriff The Contra Costa Sheriff’s Office has provided dedicated services to its communities for over 150 years. The Contra Costa County Office of the Sheriff promises to protect the quality of life enjoyed by its citizens with: •Honor •Courage •Commitment •Leadership •Teamwork B The Department’s Operational and Design Philosophy February 7, 2017 Contra Costa County Board of Supervisors Minutes 483 08.28.2015 22 February 7, 2017 Contra Costa County Board of Supervisors Minutes 484 08.28.2015 C The Current Population Introduction The majority of the data gathered for this chapter was derived from a single day “snapshot” of the resident population of the County’s three detention facilities. This snapshot survey was conducted on Thursday, July 9, 2015. Information was generated using the Sheriff’s Office Jail Management System (JMS) and supplemented with data maintained and provided by other sources within the County. A common technique used in statistical analysis, “snapshot” data provides important profile and demographic information regarding the County’s incarcerated populations. Along with information derived from other data sources, this snapshot date can be used to guide housing needs, program needs, and public policy in regard to incarceration. The data presented shows an overall picture of the current demographics of the jail population. The data is then subdivided to assess key characteristics of people incarcerated within each of the County’s three detention facilities. Finally, the data analyzes various sub-groups within the County’s overall incarcerated population, in order to support the design and development of an effective and comprehensive programmatic approach to advance reentry success and reduce recidivism by providing appropriate behavioral, workforce readiness, parenting skills, and academic services. Overall Profile of the Detention Population On July 9, 2015 there were a total of 1,490 residents in custody distributed among the County’s three detention facilities. On the day of the snapshot data, MDF, which houses primarily maximum security and gang-related populations, exceeded its rated capacity. Distribution of Residents and Capacity Utilization Overall, the number of people incarcerated in the County’s jail on that day was 75% of the system’s rated capacity. Best practices assume that functional capacity is reached at 80-85% of capacity; the overall system was operating within that limit. However, the MDF was significantly over its rated capacity. TOTAL CAPACITY UTILIZATION MDF 712 695 102% WCDF 701 1096 64% MCDF 77 188 41% Total 1490 1979 75% Source: Contra Costa Sheriff’s Office The overcrowding of the MDF is extremely troubling. When it opened in 1981, it had a rated capacity of 384 beds. Over the years, with a rise in the County’s jail population, MDF’s original single-occupancy design was converted to double-bunking, to achieve its current BSCC-rated capacity. While the 34-year-old MDF was designed to house primarily medium/minimum security classifications, snapshot data showed that 78% of people incarcerated at the MDF are classified as “high security” or above, with the remaining 22% classified as “medium security with secondary classification criteria.” Table 7: Number of Residents and Capacity Utilization February 7, 2017 Contra Costa County Board of Supervisors Minutes 485 08.28.2015 24 Contra Costa County California | Section C | The Current Population Overall Profile of the Detention Population Gender The snapshot composition of the detention population was 86% men and 14% women. This is a fairly common distribution. In recent years nationwide, the overall numbers of women held in jail have ranged between 12-15%. The snapshot showed that there were 211 women in detention on that day, with 192 women (91%) held at WCDF. MEN WOMEN TOTAL MDF 693 97%19 3%712 WCDF 509 73%192 27%701 MCDF 77 100%0 0%77 Total 1279 211 1490 Source: Contra Costa Sheriff’s Office Age of the Population The average age of all people in County detention was 33.8 years old. The largest age cohort was 18-24. There were 384 people (26%) in this age range. Overall, 60% of the population was 34 years old or younger. Source: Contra Costa Sheriff’s Office Length of Stay The Average Length of Stay (ALOS) of people in detention on July 9, 2015 was 181 days. Thirty percent of the population (448 people) had been in custody for 30 days or less. Nine percent of the overall population had been in jail for 96 hours or less; this is typical of jails across the nation. ALOS varies per facility. Per the snapshot data, MDF had the longest ALOS at 274 days, which can be attributed to the relative severity of charges filed: for example, across the County jail system, all 148 people charged with murder were housed at MDF. Representing 21% of MDF population’s, this sub-group had an ALOS of 535 days. WCDF (26% sentenced) had an ALOS of 96 days and MCDF (100% sentenced) had an ALOS of 72 days. Source: Contra Costa Sheriff’s Office Table 8: Gender Distribution Figure 13: Age Distribution Figure 14: Length of Stay Distribution Figure 15: Average Length of Stay Source: Contra Costa Sheriff’s Office February 7, 2017 Contra Costa County Board of Supervisors Minutes 486 08.28.2015 25 Contra Costa County California | Section C | The Current Population Overall Profile of the Detention Population Judicial Status On the day of the snapshot, 74% of the incarcerated population were in presentenced status. Source: Contra Costa Sheriff’s Office MDF WCDF MCDF TOTAL High 558 78%3 0.4%0 0%561 38% Medium Security with secondary security characteristics 154 22%698 99.6%0 0%852 57% Low 0 0%0 0.0%77 100%77 5% Total 712 701 77 1490 High Security Classifications include Murder, Administrative Segregation, and Protective Custody Source: Contra Costa Sheriff’s Office Most Serious Charge Nearly all people examined in the daily snapshot had been charged with multiple offenses; on average, each person was charged with approximately seven to eight charges. The consultant team reviewed each person’s charges to identify the most serious charge. In combination with the historic County crime data in Chapter F- Local Trends and Characteristics, this information serves to examine the severity of the charges or convictions of people incarcerated in the County’s jail system. From the snapshot data, 62% of people had been accused or convicted of a felony crime. This is consistent with the finding that many people charged with or convicted of low-level offenses in the County are cite-released or participate in the Alternatives to Detention or pretrial services programs. Misdemeanants made up 18% of the detention population. Although the County’s JMS does not track prior convictions, the consultants were able to cross-tabulate misdemeanor crimes with probation and parole status. The data shows that of those accused or convicted of a misdemeanor offense, over half (52%) were on probation or parole when they were arrested on new charges. Table 9: Classification Distribution Figure 16: Sentenced vs. Presentenced Sales Sentenced Presentenced Sentenced 26% Presentenced 74% People incarcerated in jails across California Sales African American Latino White Other African American 35% Other 3% White 47% Latino 15% People incarcerated in the Contra Costa jail system Sales African American Latino White Other White 28% Other 7% Latino 28% African American 35% Figure 17: People incarcerated in jails across California Figure 18: People incarcerated in the Contra Costa jail system Source: US Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, “Jail Inmates at Midyear 2014,” Todd D. Minton and Zhen Zeng, Ph.D., BJS Statisticians, June 2015 Source: Contra Costa Sheriff’s Office February 7, 2017 Contra Costa County Board of Supervisors Minutes 487 08.28.2015 26 Contra Costa County California | Section C | The Current Population Overall Profile of the Detention Population Prior Offenses Prior arrest history can be used to assist the County in pretrial diversion evaluations as well as classification evaluations. Unfortunately, the Contra Costa Sheriff’s Office’s JMS does not track prior arrests. However, available JMS data did yield insight into those who were under supervision (probation or parole) at the time of re-arrest. The following table includes people who were returned to custody on new charges; it does not include people arrested strictly on violations of probation or parole. Overall, 36% of the population was on probation or parole when returned to custody. Men were more likely than women to have been charged with a new offense while on probation or parole. MEN WOMEN TOTAL POPULATION MDF 242 35%2 11%244 34% WCDF 191 38%54 28%245 35% MCDF 42 55%0 42 55% Total 475 37%56 27%531 36% Source: Contra Costa Sheriff’s Office Behavioral Health A separate population snapshot of people with an identified mental illness incarcerated in the jail system was taken on Saturday, August 8, 2015. On that day, 199 people incarcerated in the jails (about 15%) had an identified mental illness. According to clinical staff, this number is generally consistent over time. However, this percentage likely substantially underestimates the prevalence of incarcerated people with behavioral health needs, for the following reasons. In the Contra Costa jail system, all people with mental illness (of any acuity) who require either psychotropic medications or psychiatric management must, as matter of policy and psychiatric personnel, be housed at MDF. Because of MDF’s high-security classification, its deficient housing conditions, and its lack of programs, many people in need of mental health treatment choose not to disclose their condition, so that they may be housed in the medium-security campus at WCDF. In addition, the jail system offers very little meaningful clinical or therapeutic support to address substance use disorder (SUD). Further, despite their likely high prevalence, the numbers of people with SUD are not tracked in the JMS, making it impossible to Table 11: On Probation or Parole at Time of Arrest Table 10: Most Serious Charge Figure 19: Most Serious Charge Figure 20: Misdemeanants on Probation or Parole at Time of Arrest CRIME NUMBER % Felony 920 62% Misdemeanor 264 18% Drugs 64 4% ICE 135 9% Other 107 7% Total 1490 100% February 7, 2017 Contra Costa County Board of Supervisors Minutes 488 08.28.2015 27 Contra Costa County California | Section C | The Current Population Profile of MDF Population Sub-Classifications at MDF As is true in all detention facilities, the Contra Costa Sheriff’s Office uses several sub-classifications to classify and separate incarcerated people (see Table 13). Chief of among these is a charge of murder. On the day of the data snapshot, a total of 150 individuals (21% of the MDF population) were charged with or convicted of murder. The Sheriff’s Office also identifies individuals who known or suspected gang members. In all, at MDF 149 people (21% of MDF’s total population) were identified as gang members. Of those accused or convicted of murder, 47 had a gang affiliation. Given the inter-gang violence endemic in the nation, and in local jails, the Sheriff’s Office devotes constant and intense efforts to separate “incompatible” populations from one another. Administrative Segregation is the highest level of classification in the MDF. These are people who are, among other things, habitual rule breakers, predators, violent, and escape risks. On the day of the snapshot, 95 people (14% of all MDF men) were in Administrative Segregation. Protective Custody is used primarily for persons whose safety is at particularly at risk; they are separated from others due to this vulnerability. About 22% of the population of people at MDF are considered Medium Security with Secondary Classification Criteria, including mental health conditions or gang drop-outs, both of which groups can be safely and properly housed only at MDF. CLASSIFICATION NUMBER % Administrative Segregation*95 14% Murder 101 15% Protective Custody*168 24% High Security 121 17% Medium Security with Secondary Classification Criteria 154 22% Temporarily out of the facility for medical care or assessments 45 6% Federal 1 0% Unknown 8 1% Total 693 100% *Includes people accused of murder Unknown means that the classification was not available at the time of the snapshot identify, analyze, or address the system’s likely predictably high rates of SUD within the jail system. Because SUD is recognized as a key element within the constellation of behavioral health conditions, it is impossible to accurately assess the percentage of people in the local jail system who are in need of behavioral health services. Profile of MDF Population On the day of the snapshot, the composition of MDF’s population was primarily male (97%) and presentenced (82%); it included 150 people (21%) charged with murder. In addition, 95%, of the population had been accused or convicted of a felony. MDF MEN MDF WOMEN TOTAL TOTAL POP.693 19 712 Legal Status Presentenced 564 81%18 95%582 82% Sentenced 129 19%1 5%130 18% Most Serious Crime Felony 537 95%13 72%550 95% Misdemeanor 99 14%3 16%102 14% AB 109 - Flash Incar 4 1%4 1% Civil Commitment 1 0%1 0% Drugs 16 2%2 11%18 3% DWI 7 1%7 1% Hold (unspecified)4 1%4 1% ICE 3 0%3 0% Parole Violation Only 5 1%5 1% Other 15 2%15 2% Unknown 2 0%1 5%3 0% Murder Charge 149 22%1 5%150 21% Note: Some people on AB 109 status received “flash” incarceration after being arrested for a new charge. In these cases, the most serious charge is included in this analysis Source: Contra Costa Sheriff’s Office Table 12: MDF - Judicial Status and Most Serious Charge Table 13: MDF - Male Classification February 7, 2017 Contra Costa County Board of Supervisors Minutes 489 08.28.2015 28 Contra Costa County California | Section C | The Current Population Profile of WCDF Population Profile of WCDF Population On the day of the snapshot data, the composition of the WCDF population was 73% male and 27% female. Presentenced people represented 74% of the population, with 26% sentenced. Among both men and women, 63% had been charged with or convicted of a felony. 132 people (19% of the WCDF population) were being held for the United States Immigration and Customs Enforcement (ICE). WCDF MEN WCDF WOMEN TOTAL TOTAL POP.509 192 701 Legal Status Presentenced 376 74%145 76%521 74% Sentenced 133 26%47 24%180 26% Most Serious Charge Felony 234 62%95 66%329 63% Misdemeanor 120 24%23 12%143 20% AB 109 - Flash Incar 5 1%1 1%6 1% Civil Commitment 1 1%1 0% Drugs 28 6%11 6%39 6% DWI 13 3%6 3%19 3% Hold (unspecified)1 0%0 1 0% ICE 84 17%48 25%132 19% Parole Violation Only 1 0%0 1 0% Other 23 5%7 4%30 4% Unknown 0 0%0 0% Murder Charge 2 0%12 6%14 2% Note: Some people on AB 109 status received “flash” incarceration after committing new crimes - Most serious crimes noted in these cases Source: Contra Costa Sheriff’s Office Table 15: WCDF - Legal Status and Most Serious Charge Age of MDF Male Population According to the snapshot data, average age of males at MDF was 34 years old. Within this, 18-24 year olds made up the largest cohort at MDF, accounting for 27% of the population (189 people). The next youngest cohort, 25-29 year olds, accounted for 16% (112 people). These two age groups represented 43% of the population at MDF. Source: Contra Costa Sheriff’s Office Length of Stay of MDF Male Population The ALOS of the MDF male population was the highest in the County detention system, at 274 days, due to the severity and complexity of the criminal charges against these individuals. Presentenced people had a longer length of stay than the sentenced population, likely due to the complexity of the judicial proceedings associated with these cases. Of individuals with a scheduled release date, the average remaining days to release was 61 days, with 55 people having 60 days or less remaining till release. NUMBER ALOS DAYS TO RELEASE Presentence 564 287 - Sentenced 129 215 61 Total 693 274 Source: Contra Costa Sheriff’s Office Figure 21: MDF Male Age Distribution Table 14: MDF - Male Population Judicial Status and ALOS February 7, 2017 Contra Costa County Board of Supervisors Minutes 490 08.28.2015 29 Contra Costa County California | Section C | The Current Population Profile of WCDF Population Average Length of Stay of WCDF Male Population On the day of the snapshot data, ALOS for men at WCDF was 97 days. Eighty-six percent of the population had been at the facility for 6 months or less, while 14% had been incarcerated for more than six months. Source: Contra Costa Sheriff’s Office Figure 22: WCDF Male Age Distribution Figure 23: Number of WCDF Males - Length of Stay Distribution Profile of WCDF Male Population On the day of the snapshot, 509 men were housed at WCDF. Seventy-four percent were unsentenced and 26% were sentenced. Of the 509 men, 84 (17%) were being held for ICE. Sixty-two percent were held on a felony charge and 24% on a misdemeanor charge. 193 (38%) were on probation or parole at the time they were returned to custody on new charges. Age of WCDF Male Population On the day of the snapshot, 18-24 year olds made up the largest age cohort at MDF. Overall, the age distributions for males at WCDF and MDF were similar, with almost an equal percentage of individuals under 30 in the two facilities. As at MDF, the average age for men at WCDF on the day of the snapshot was 34 years old. Source: Contra Costa Sheriff’s Office February 7, 2017 Contra Costa County Board of Supervisors Minutes 491 08.28.2015 30 Contra Costa County California | Section C | The Current Population Profile of WCDF Population Length of Stay of WCDF Female Population On the one-day data snapshot, the ALOS for women at WCDF was 93 days. Seventy- eight women (41%) had been at WCDF for 30 days or less. Fifty-five women (29%) had been held at WCDF between 31 and 60 days. Fifty-eight women (30%) had been held at WCDF for more than two months; within this group, twenty-three women (12%) had been held at WCDF for more than six months. Source: Contra Costa Sheriff’s Office Figure 25: Number of WCDF Females - Length of Stay Distribution Profile of WCDF Female Population On the day of the snapshot, 192 women were housed at WCDF. Seventy-six percent were unsentenced and 24% were sentenced. Of the 192, 66% were being held on a felony charge, 12% were held on a misdemeanor charge, and 22% were being held for ICE. 55 women (29%) were under judicial supervision (probation or parole) at the time they were returned to custody on new charges. At medium-security WCDF, 84% of the women (162) were considered medium- security. However, 30 women were considered high-security and unable to be housed in women’s general population, due primarily to administrative segregation, protective custody, or gang affiliation. To ensure their safety, women with their characteristics at WCDF are housed under special conditions in Building 4, an otherwise male building. Age of WCDF Female Population On the day of the snapshot, the average age of a woman at the WCDF was 35 years, with the largest cohort 30-34 years old. As a group, the women were older than men, with 68% over the age of 30. Source: Contra Costa Sheriff’s Office Figure 24: Number of WCDF Females - Age Distribution February 7, 2017 Contra Costa County Board of Supervisors Minutes 492 08.28.2015 31 Contra Costa County California | Section C | The Current Population Profile of MCDF Population Average Length of Stay of MCDF Population On the day of the snapshot data, the ALOS at MCDF was 72 days. Source: Contra Costa Sheriff’s Office Table 16: MCDF - Legal Status and Most Serious Crime Profile of MCDF Population The MCDF population is limited to low-security, sentenced males. On the day of the snapshot, 77 men were housed at MDF. Of these, 41 men (53%) had been convicted of a felony and 19 (25%) of a misdemeanor. In addition, 34 men (44%) were on probation or parole at the time they were returned to custody. TOTAL POPULATION 77 Legal Status Presentenced 77 100% Sentenced 0 0% Most Serious Crime Felony 41 53% Misdemeanor 19 25% Drugs 7 9% DWI 7 9% Other 1 1% Unknown 2 3% Source: Contra Costa Sheriff’s Office Average Length of Stay of the MCDF Population The ALOS at the MCDF is 72 days. 0 5 10 15 20 25 30 18-24 25-29 30-34 35-39 40-44 45-49 50-64 65+ MCDF Age Distribution 0 5 10 15 20 25 30 0-30 days 31-60 days 61-180 days 180-360 days 360+ days MCDF Average Length of Stay Distribution Figure 26: MCDF Age Distribution Figure 27: MCDF Average Length of Stay Distribution Average Length of Stay of the MCDF Population The ALOS at the MCDF is 72 days. 0 5 10 15 20 25 30 18-24 25-29 30-34 35-39 40-44 45-49 50-64 65+ MCDF Age Distribution 0 5 10 15 20 25 30 0-30 days 31-60 days 61-180 days 180-360 days 360+ days MCDF Average Length of Stay Distribution Age of MCDF Population As at the other detention facilities, 18-24 year-olds made up the largest age cohort on the day of the data snapshot. The average age was 32 years old. Source: Contra Costa Sheriff’s Office February 7, 2017 Contra Costa County Board of Supervisors Minutes 493 08.28.2015 32 February 7, 2017 Contra Costa County Board of Supervisors Minutes 494 08.28.2015 Overview As indicated throughout this JNA, the County’s classification system differentiates people incarcerated in its jails as high security, medium security, or low security. The classification assessment and subsequent housing assignment are made within 24 hours of booking. High-security incarcerated people are assigned to MDF, medium-security residents to WCDF. Low security classification is assigned only for sentenced individuals who are serving sentences for relatively minor offenses. About 5% of the jail system’s total population is classified as low-security. All of low-security sentenced people are housed at MCDF. Classification Criteria and Considerations The classification system used by the Contra Costa Sheriff’s Office considers the following factors: •Current Charge •Serious Offense History •Escape History •Disciplinary History •Prior Felony Convictions •Gang Affiliation •Enemies in the Facility D The Classification System February 7, 2017 Contra Costa County Board of Supervisors Minutes 495 08.28.2015 34 Contra Costa County California | Section D | The Classification System Classification Criteria and Considerations There are 54 criminal charges that the Contra Costa County Office of the Sheriff considers “MDF Only” charges. These include charges such as PC 187 Murder, PC 203 Mayhem, and PC 243 Battery on a Police Officer, among others. People may also be designated “MDF Only” if any past convictions are among the list of 54 serious charges. However, depending on the age of that conviction, a person may be considered for reclassification at a lower security level. Based on the above criteria, points are assigned to arrive at a person’s classification. Currently, and generally, people who score 11 or more points are considered high security and are assigned to MDF. People scoring 9-10 points are considered medium security and qualify for housing at WCDF. People with 8 points or less and who are sentenced are considered low security and qualify for housing at MCDF. Figure 28: Contra Costa County Office of the Sheriff Classification Point System Low Security (Sentenced Only) Marsh Creek Detention Facility (MCDF) 8 POINTS Medium Security West County Detention Facility (WCDF) 11 POINTS High Security Martinez Detention Facility (MDF) February 7, 2017 Contra Costa County Board of Supervisors Minutes 496 08.28.2015 35 Contra Costa County California | Section D | The Classification System Classification Criteria and Considerations SECTION TITLE 151PC INCITING VIOLENCE AGAINST POLICE (>5 YEARS, 5 POINTS) 187PC MURDER (>15 YEARS, 5 POINTS) 187/664PC ATTEMPT MURDER (>10 YEARS, 5 POINTS) 192PC VOLUNTARY MANSLAUGHTER (>15 YEARS, 5 POINTS) 192A/664 ATTEMPT VOLUNTARY MANSLAUGHTER (>10 YEARS, 5 POINTS) 203PC MAYHEM (>10 YEARS, 5 POINTS) 203/664PC ATTEMPT MAYHEM (>2 YEARS, 5 POINTS) 205PC AGGRAVATED MAYHEN (>10 YEARS, 5 POINTS) 207APC KIDNAP BY FORCE (>10 YEARS, 5 POINTS) 207A/664 ATTEMPT KIDNAP (>5 YEARS, 5 POINTS) 207BPC KIDNAP CHILD FOR LEWD PURPOSE (>15 YEARS, 5 POINTS) 207B/664 ATTEMPT KIDNAP CHILD FOR LEWD PURPOSE (>10 YEARS, 5 POINTS) 207CPC KIDNAP FORCE, OUT OF STATE (>15 YEARS, 5 POINTS) 207C/664 ATTEMPT KIDNAP (>10 YEARS, 5 POINTS) 207DCP KIDNAP FROM OUTSIDE OF STATE (>2 YEARS, 5 POINTS) 208DPC KIDNAP W/INTENT TO RAPE (>5 YEARS, 5 POINTS) 209BPC KIDNAP FOR ROBBERY (>5 YEARS, 5 POINTS) 209B/664PC ATTEMPT TO KIDNAP FOR ROBBERY (>2 YEARS, 3 POINTS) 220PC ASSAULT W/INTENT SEX CRIME (>5 YEARS, 5 POINTS) 242-243BPC BATTERY ON PEACE OFFICER/FIRE (>5 YEARS, 5 POINTS) 242-243C PC BATTERY ON P.O. W/INJURY (>5 YEARS, 5 POINTS) 242-243.1PC BATTERY CUSTODIAL OFF. (>5 YEARS, 5 POINTS) 243CPC BATTERY ON POLICE OFF. (>5 YEARS, 5 POINTS) 245A2 PC ASSAULT W/FIREARM (>3 YEARS, 5 POINTS) 245A3 PC ASSAULT W/MACHINE GUN (>3 YEARS, 5 POINTS) 245B PC ASSAULT W/ASSAULT RIFLE (>3 YEAR, 5 POINTS) 245B/664 PC ASSAULT DEADLY WEAPON ON P.O. (>5 YEARS, 5 POINTS) 245C PC ADW PEACE OFFICER NOT FIREARM (>5 YEARS, 5 POINTS) SECTION TITLE 245C-664 PC ATTEMPT ADW PEACE OFFICER (>3 YEARS, 5 POINTS) 245D1 PC ASSAULT ON P.O. W/FIREARM (>7 YEARS, 5 POINTS) 245D2 PC ASSAULT SEMI-AUTO RIFLE P.O. (>7 YEARS, 5 POINTS) 245D3 PC ASSAULT MACHINE GUN P.O. (>7 YEARS, 5 POINTS) 246 PC SHOOT INTO DWELLING (>3 YEARS, 5 POINTS) 261 2 PC FORCEABLE RAPE (>7 YEARS, 5 POINTS) 261 2-664 PC ATTEMPT FORCE RAPE (>5 YEARS, 5 POINTS) 286D PC SODOMY BY FORCE (>7 YEARS, 5 POINTS) 286D/664 PC ATTEMPT SODOMY BY FORCE (>5 YEARS, 5 POINTS) 286 E PC SODOMY IN DETENTION FACILITY (>5 YEARS, 5 POINTS) 286E/664 PC ATTEMPT SODOMY IN JAIL (>3 YEARS, 5 POINTS) 288A{E} PC ORAL COP IN JAIL (>5 YEARS, 5 POINTS) 288A {E}/664 ATTEMPT ORAL COP IN JAIL (>3 YEARS, 5 POINTS) 289A PC RAPE W/FOREIGN OBJECT W/FORCE (>7 YEARS, 5 POINTS) 289A/664 ATTEMPT RAPE W/FOREIGN OBJECT (>3 YEARS, 5 POINTS) 4131.5 PC BATTERY ON NON-INMATE (>2 YEARS, 5 POINTS) 4501.5 PC BATTERY BY PRISONER (>2 YEARS, 5 POINTS) 4530 A PC ESCAPE STATE PRISON W/FORCE (>10 YEARS, 5 POINTS) 4530B PC ESCAPE FROM STATE PRISON (>10 YEARS, 5 POINTS) 4532B PC ESCAPE FROM FEL CUSTODY W/FORCE (>7 YEARS, 5 POINTS) 4574A PC BRING FIREARM IN TO JAIL (>7 YEARS, 5 POINTS) 4574A/664 PC ATTEMPT TO BRING FIREARM IN (>3 YEARS, 5 POINTS) 12308 PC EXPLOSION W/INTENT TO MURDER (>10 YEARS, 5 POINTS) 12309 PC EXPLOSION CAUSING GBI (>5 YEARS, 5 POINTS) 12310A PC EXPLOSION CAUSING DEATH (>5 YEARS, 5 POINTS) 12310B PC EXPLOSION CAUSING GBI/MAYHEM (>5 YEARS, 5 POINTS) Source: Contra Costa County Sheriff’s Office Classification Unit Table 17: “MDF Only” Criminal Charges (54) February 7, 2017 Contra Costa County Board of Supervisors Minutes 497 08.28.2015 36 Contra Costa County California | Section D | The Classification System Classification Sub-sets Observations The current classification system is typical of many jail systems, and complies with California Minimum Standards for Local Detention Facilities. However, the Office of the Sheriff may find benefit in establishing policies and infrastructure allowing for automated review for reclassification at lower security levels for those who demonstrate prosocial behavior, comply with all rules, and actively participate in rehabilitative and reentry programs. A revised system automates periodic reviews of initial classifications would serve as an effective management tool while likely enhancing reentry readiness and success. Recommendations Classification Recommendation 1 - Provide for automatic, systematic, periodic reclassification that includes behavior as part of the reclassification assessment. Ensure that a new JMS enables the automatic and regular consideration for reclassification at lower security levels. Depending on philosophy and staffing availability, most reviews could be conducted approximately every 30 days. People classified as high security may especially benefit from frequent hearings. Classification Recommendation 2 - Ensure that the classification process provides data for the collection of complete, high quality, verified, and standardized data, including data related to a person’s participation and success in programming. Combine classification data with the JMS. If data collection is structured, complete, and entered into the a person’s JMS file, the reclassification hearing process can be can be effectively and efficiently administered. Conclusion A properly designed and implemented classification system can provide a number of benefits including: •Improved institutional security •Increased public security •More encouragement of prosocial behavior •Efficient decision-making •Greater equity and fairness in housing decisions •Better information for program and facility planning Other crimes considered eligible for high-security classification by the Contra Costa County Office of the Sheriff include felony sex crimes, felony weapon charges, and drug manufacturing charges. It is important to note that regardless of their security classification, men with medical and mental health issues are automatically assigned to MDF. Medium-security women with mental health diagnoses are eligible for housing at WCDF. Classification Sub-sets At both MDF and WCDF, sub-classifications are used for purposes of separation: Administrative Segregation - Administrative Segregation is employed for people who pose concerns to the safety and security of the facility, pose an escape risk, are violent, disrupt facility operations, have long sentences and are awaiting transfer to prison, or are convicted, awaiting sentencing, and considered especially dangerous. Protective Custody - Protective Custody is used primarily for people whose safety is at particularly at risk; they are separated from others due to this vulnerability. Gang - Gang classification is used to identify current gang members, in order to separate “incompatible” gang-related populations from one another. Classification Reviews The Contra Costa County Office of the Sheriff follows the California Minimum Standards for Local Detention Facilities for classification reviews. State standards require that people who have been sentenced to more than 60 days may request review of their classification plan every 30 days. The Office of the Sheriff conducts periodic review of those in Administrative Segregation. Current policy dictates a review every seven days for the first 60 days and every 30 days thereafter. February 7, 2017 Contra Costa County Board of Supervisors Minutes 498 08.28.2015 Summary of Current Programming and Related Facilities Throughout the history of jails in California and across the nation, in-custody resources have tended to concentrate almost exclusively on legally mandated access to education, religious services, legal counsel, and physical exercise. In California, these mandates are defined in Minimum Standards for Local Detention Facilities, Title 15-Crime Prevention and Corrections, Article 6: Resident Programs and Services. In addition to these mandated services, the “range and source” of any “individual/family service programs” to be offered in a custodial setting may be determined solely “at the discretion of the facility administrator” (Section 1070). In Contra Costa, all in-custody services are administered by the Office of the Sheriff’s Custody Services Bureau Resident Services Unit, under the direction of the Director of Inmate Services. The mission of the Inmate Services unit is to provide services to meet the needs for a variety of needs of incarcerated people in order to reduce the impact of crime on the community. All in-custody programs and services meet the legal guidelines in CA Penal Code Section 4025 and 4026, in addition to Title 15, Article 6. The mandatory Title 15 services provided in the Contra Costa jails are supported in whole or in part by the Inmate Welfare Fund. Education: In accordance with Title 15, CCR, Section 1061, the Contra Costa County Office of the Sheriff provides Adult Basic Education classes and independent-study programs for sentenced and non-sentenced men and women incarcerated in the County jails, through a contract with the Contra Costa County Office of Education (CCCOE), which is accredited by the Western Association of Schools & Colleges. All classes are taught by credentialed teachers. Religious: Two full-time Chaplains and one part-time Chaplain, augmented by over 250 volunteer Chaplains, provide pastoral care, counseling, and spiritual materials to men and women of all faith traditions who request such services throughout the jail system. Each week, they conduct approximately dozens of pastoral services for various faith groups within the detention facilities. Legal: Legal Research Associates (LRA) provides legal research services to people incarcerated in any of Contra Costa’s jail facilities, providing mandated legal reference materials for both criminal and constitutionally-mandated civil rights laws. Document request forms are submitted to Custody Services administration, and requested documents are delivered via courier within 48 hours of receipt by LRA. Community-Based or Voluntary: In the Contra Costa County jail system, as in many others, non-mandated services have historically been provided through volunteer or self-help organizations, such as NA/AA. However, since the advent of AB 109 in 2011, several community-based organizations have been awarded AB 109-funded contracts to provide some services, primarily at WCDF to AB 109 clients while in custody, as further detailed later in this section. Despite the need for these and other in-custody programs, however, space limitations and related security classification issues at all three jail facilities substantially limit the delivery of appropriate and sufficient services to support incarcerated men and women in preparing for success following release from incarceration. E Program Needs February 7, 2017 Contra Costa County Board of Supervisors Minutes 499 08.28.2015 38 Contra Costa County California | Section E | Program Needs Current Programs and Services Current Programs and Services 1. West County Detention Facility a. Programs at WCDF Academic and vocational programs and services are far more accessible at WCDF than at anywhere else in the County jail system. Designed to provide educational and vocational training, the physical plant at WCDF includes dedicated educational spaces for men and for women, with one Classroom Building intended for men and one Classroom Building intended for women. However, because almost all of the available space in the Men’s Classroom Building is fully utilized by the Adult Education classes, which operate morning and afternoon five days a week, men at WCDF have no access to vocational shops. In contrast, because the Women’s Classroom Building is the same size as the men’s but serves a smaller population, women have access to two vocational shops (sign engraving and woodworking). Adult Basic Education: At WCDF, CCCOE conducts Adult Basic Education classes in English, Math, and ESL for both men and women, provided by a team of eight credentialed teachers. All student educational plans begin with a Comprehensive Adult Student Assessment to identify students’ baseline skills. In addition, Contra Costa County school districts recently entered into an Memo of Understanding with CCCOE to provide Special Education services in the County jails, to begin Fall 2016. Students may elect to pursue a high school diploma track or a GED track, but all classes are blended, containing students at a variety of academic skill levels from low reading and math to advanced. Students have the option of studying for a high school diploma or a GED (high school equivalency). Classes are conducted morning and afternoon, five days a week, and all classrooms are used simultaneously, due to student demand and capacity constraints. Both men and women may also elect to participate in academic education through Independent Study, supported by a weekly meeting with a teacher who provides, receives, and grades student assignments. In addition to Adult Basic Education, CCCOE teachers also conduct a workforce soft-skills “reentry” class as well as a substance-use and behavioral education class (DEUCE). Vocational Programs: Both men and women at WCDF can participate in computer applications and web design classes; in the fourth quarter of 2015, the computer applications program will begin providing students with the opportunity to earn industry-recognized certification in Microsoft and Adobe applications. These classes are taught by CCCOE teachers. Women at WCDF can also participate in an Engraving/Sign/Vehicle Decaling Shop Program, which provides training in wood and acrylic engraving, sublimation, banner, aluminum and architectural sign production (including Braille), and vehicle graphics development, printing and application. Currently operating M-F 8-11AM, this shop is led by an Industry/Engraving Shop Instructor. Women at WCDF can also participate in the Frame Shop Program, which trains women in professional shadow-box and framing techniques. Currently operating M-Th 8-11AM, this shop is led by a part-time Vocational Instructor, who is a County employee. Due to space limitations, as described above, these vocational programs are not available to men at WCDF. Library Services Librarians employed by the County provide library services, study guides for civil service tests, college and trade school exams, voter registration, and driver’s license study materials within the detention facilities. WCDF provides a full-service browsing library for men, with a satellite (small) browsing library for women. In addition, librarians at WCDF provide tutoring in Math, Reading, and ESL. Religious Services At WCDF, Chaplains conduct weekly Catholic, Seventh Day Adventist, Muslim and a wide array of nondenominational Christian services. Communion and confession, if requested, are provided in the small interview rooms. Additional Programs •REACH International conducts a monthly support group for women, as well as providing information about their services through orientation meetings typically held several times a month. •Men and Women of Purpose conduct weekly mentoring group for men and for women. •STAND! For Families Free From Violence conducts a weekly batterers’ workshop for Court-ordered men. February 7, 2017 Contra Costa County Board of Supervisors Minutes 500 08.28.2015 39 Contra Costa County California | Section E | Program Needs Current Programs and Services •Narcotics Anonymous/Alcoholics Anonymous: Women at WCDF have access to once-weekly self-help meetings (one NA and one AA) held in a computer classroom in the Women’s complex; for men, once-weekly self-help meetings (one NA and one AA) are held in the single multi-purpose room or a classroom at WCDF, with each housing unit assigned to a specific meeting time each week. •In addition, cleared staff from various agencies (both public and private) enter the jail to conduct intake interviews, distribute informational materials, or provide legal services. b. Program Facilities at WCDF In total, WCDF’s physical plant includes the following programs or services spaces: Classroom Buildings Men’s: Five academic classrooms, one computer classroom, and a library Women’s: One academic classroom, one computer classroom, a satellite library room, and two vocational shops (sign engraving and woodworking) Space within Housing Units Generally, each housing unit contains one interview room in a “contact” design, meaning that there are no physical barriers within the room. Because these rooms therefore require active supervision by Deputies, these rooms are usually used only for meetings between legal counsel and clients. Group Space The WCDF physical plant contains one multipurpose room divisible by an “air wall,” with each side holding 25-30 people. This space is used for religious services conducted by chaplains. Visit Center The Visit Center is approximately 1,680 square feet, with one deputy station, approximately 30 non-contact visiting stations, and four private non-contact professional visit rooms, each of which accommodates two people. The maximum capacity for the visiting center is approximately 70 people. The common area is the only available space for meetings between community-based service providers and their clients during visiting hours. 2. Marsh Creek Detention Facility a. Programs at MCDF Adult Basic Education: At this low-security “farm-style” facility for sentenced men, teachers lead academic education classes five mornings a week, along with support for Independent Study students in the afternoons. In addition to academic study, CCCOE also conducts a group substance-use and behavioral education class (DEUCE) and runs the vocational training woodshop program. In the woodshop program, participants construct toys and repair recovered bicycles to be distributed during the holiday season to children and families in need. In the fourth quarter of 2015, the MCDF Woodshop course will implement an additional Construction component of the course, using CCCOE’s Regional Occupations Program curriculum to instruct students in areas related to construction trades. CCCOE staffing at MCDF includes a full-time woodshop teacher, a part time academic/ independent study teacher, a part-time instructional assistant, and a part time DEUCE teacher. Landscaping Program: The Landscaping Program trains men in landscape design, installation and maintenance; horticulture techniques; and irrigation design and installation and repair; it is staffed by two part-time Landscaping Instructors, who are County employees. Library Services: MCDF provides a full-service browsing library for men. Programs and Services: Staff from various community-based organizations or county agencies come into the facility to provide information, outreach, or intake. A Narcotics Anonymous group is conducted once a week. b. Program Facilities at MCDF Classroom Buildings Three classrooms and a woodshop Space within Housing Units None Group Space None February 7, 2017 Contra Costa County Board of Supervisors Minutes 501 08.28.2015 40 Contra Costa County California | Section E | Program Needs Proposed Programs and Services 3. Martinez Detention Facility a. Programs at MDF Originally designed to provide medium-security housing for 384 people but now rated for 695 people, MDF has come to serve as both the high-security detention facility and the de facto detention mental health facility for Contra Costa County. Unfortunately, however, MDF is almost totally devoid of program and treatment spaces. Each 96-bed unit has one dayroom, sized for 48 people, meaning that only half of the unit’s residents can be safely allowed out of their cells at a time, leading to long periods of in-cell confinement. Aside from the dayroom and a small non-contact visit room, there are no group-meeting spaces at MDF. As a result, people incarcerated at MDF have almost no access to services, programs, treatment, recreation, socialization, or physical activity. Other than psychiatric diagnosis and monitoring, the only services currently available at MDF are academic independent-study, library cart, chaplain services, and limited and infrequent one-on-one appointments with community-based organizations. As a result, all people incarcerated at MDF live in the most restrictive conditions of the entire County jail system. These conditions – compacted, under-designed, overly restrictive, populated by the highest-need individuals whose mental health conditions are exacerbated by deleterious living conditions, nearly devoid of appropriate services, with population levels inconsistent with direct supervision design – pose serious and constant risks to the safe, secure, humane, and effective operations at MDF. Library Services: MDF provides library services only in the form of a library cart, with books requested through an Resident Request Form. b. Program Facilities at MDF Classroom Buildings None Space within Housing Units One 48-person dayroom within each housing unit Group Space None Proposed Programs and Services 1. Essential Approaches a. Rehabilitation and Reentry Program To provide strategic and effective management of the detention system’s programs and services, the Contra Sheriff’s Office will establish a new Office of Rehabilitation and Reentry Services (ORRS) to develop, coordinate, supervise, evaluate, and raise additional funds for programs and services for people incarcerated in the County jails. Managed by the ORRS Director, WRTH’s Rehabilitation and Reentry Program (R&R Program) will provide a comprehensive and integrated array of validated, evidence- based, trauma informed, cognitive behavioral treatment, workforce readiness, and transition-planning services to adult men and women housed at WCDF (in existing housing and in any new facility), with substantial transition-planning and resource development services provided to people incarcerated at either MDF or MCDF. The R&R Program’s array of culturally-competent, gender-responsive services will support clients’ ability to make positive, healthy future choices. The Program will use a blended approach that incorporates recognized evidence-based curricula, elements of the modified therapeutic community model such as milieu interventions, strengths- based case development, intensive and customized transition planning, and job and resource development and matching. By developing skill-based mechanisms to identify, understand, and manage the challenges related to criminal thinking, anger management, interpersonal dynamics, and exposure to trauma, clients will better recognize and manage their moods, thoughts, impulses, behaviors, and decisions. Most services will be made available on an open-enrollment basis, meaning that clients can begin services at any time during their detention. However, some process groups will be conducted as closed groups, to provide opportunities for deeper, more self- reflective work for appropriate clients. The R&R Program will be operated in close partnership with the Sheriff’s Office’s Director of Resident Programs, the Contra Costa County Office of Education, County vocational staff, and other community providers to ensure a coordinated and complementary approach to services. In addition, the R&R Program’s clinical services will be provided in collaboration with the County’s detention mental health, forensic behavioral health, and psychiatric services departments. February 7, 2017 Contra Costa County Board of Supervisors Minutes 502 08.28.2015 41 Contra Costa County California | Section E | Program Needs Proposed Programs and Services Note: This purpose of this document is to describe the therapeutic approaches and services of the R&R Program. However, the proposed R&R Program will also include Transition Specialists and Resource Developers who will work together and with clients to develop appropriate transition plans and to identify the post-release resources (housing, food, financial resources, healthcare) necessary to implement these plans. These transition planning and resource development resources will also be made available to men housed in MDF and MCDF. b. Program Staffing Based at the Reentry Services Complex to be established at WRTH, the R&R Program will be staffed by a team of 26 FTE, including a full-time, licensed Director of Rehabilitative and Reentry Services; a Multi-Disciplinary Services Manager (LCSW); a Parenting Inside Out/Family Support Manager (LCSW); ten Behavioral Health and Parenting Inside Out Coordinators; six Resource Developers; five Transition Specialists; a Data and Evaluation Manager; and an Administrative Assistant. The staff will be cross- trained to facilitate all components of the program, including trauma identification, motivational strategies, and the core premises and practices of CBT. In the event that Behavioral Health & Parenting Inside Out Coordinators are MFT Interns, they will be provided with weekly supervision by the program’s three licensed clinicians, who will have substantial experience in providing clinical supervision in forensic settings. Multidisciplinary staff will attend weekly team meetings to review progress and barriers toward achieving treatment goals, peer interactions, and engagement in the R&R Program. During this review, the effectiveness of programmatic strategies will be explored and services plans will be updated as needed; program fidelity will be reinforced; and intra-team operating issues will be addressed. The Program will implement a course of start-up training to ensure efficient and consistent launch and implementation of all program activities. Training topic areas will include Program Format, Preparation, and Process; How to Conduct Didactic Classes: Program Guidelines and Program Fidelity; and Managing Problem Situations and Emergencies. All staff will be trained in the Program’s curricula and relevant evidenced- based practices in fields of case management, CBT, and co-occurring disorders, such as Motivational Interviewing and the client-centered Stages of Change model. In addition to staff training on all program curricula, the start-up training array will address universal issues, including Client Confidentiality and Privacy; Ethics and Boundaries; Cultural Competency & Gender Responsiveness; Documentation Procedures; Working with Criminal-Justice Involved Populations; and Adverse Childhood Experiences and Trauma-Informed Care. 2. Core Premises a. Trauma-Informed Practices Recognizing that history of trauma is disproportionately present in justice-involved populations, the R&R Program will establish a trauma-informed environment in all aspects and activities. Staff will be trained to maintain alertness and sensitivity to environmental triggers and to trauma-related behaviors, and will also be trained in core interventions to help clients manage such symptoms and triggers. Similarly, clients will be oriented to basic concepts of trauma-related awareness and self-care, including techniques of de-escalation and emotion regulation, and the program will utilize a “containment” model for addressing co-occurring trauma among clients. The program’s staff will be able to identify, address, and immediately provide or coordinate care for safe stabilization of any client in crisis situations that may arise during treatment. All staff will be able to identify and assess indications of decompensation, including suicidal and homicidal ideation, intent, and plans that may emerge; licensed providers will be directly involved in the assessment and intervention process. Emergent risks will be identified and assessed; when appropriate, clients may be referred to crisis care in the Acute Services Unit or Special Services Unit. b. Population-Specific Services Gender-responsive approaches: Women have unique needs that require gender- specific programming to facilitate positive treatment outcomes, and justice-involved women have very high incidences of childhood and adult traumatic experiences and victimization. While abuse histories are not uncommon among women, the incidence of physical and sexual abuse among incarcerated women has been reported to be 47% in some studies (Modley, 2010) and even higher—up to 83% in a 2010 study conducted among incarcerated women in Illinois (Reichert, 2010). For many, the path into the criminal justice system has involved running away from childhood abuse, the use of illegal drugs as a means of coping, drug selling and prostitution as economic survival mechanism, and partners’ criminal behaviors. As adults, many have experienced intimate partner abuse, sexual assault, and the grief of losing custody of their children. Studies show that treatment of drug-dependent women is more likely to be successful if services are provided i mutually supportive environments and address gender- specific issues including psychopathology (e.g., depression), a woman’s role as mother, interpersonal relationships, and the need for parenting education (Polinsky, Hser, Grella, 1998). Women’s recovery outcomes and treatment retention improve by participating in gender-specific treatment programs (Chen, Burgdorf, Dowell, et al., 2004; Nelson- Zlupko et al., 1996). February 7, 2017 Contra Costa County Board of Supervisors Minutes 503 08.28.2015 42 Contra Costa County California | Section E | Program Needs Proposed Programs and Services At the same time, many justice-involved men have also experienced sexual abuse and assault in their lives; for men, the stigma of being sexual victims, coupled with culturally- shaped expectations for normative masculine behavior, adds extra trauma, anxiety, and confusion to an already traumatic history. Therefore, for both men and women, the R&R Program will identify and address relevant gender-specific issues, substantiated by appropriate treatment documentation. Transition-Aged Youth: The largest single population in the Contra Costa County adult jail system is male youth, ages 18-25. Evidence demonstrates that young people involved in the juvenile justice or adult justice systems (both male and female) have disproportionately high rates of prior involvement in the child welfare system; high rates of sexual abuse; and high numbers of Adverse Childhood Experiences (ACE), which are highly correlated with the formation of criminogenic risk factors, including disengagement with school, substance-use disorders, and mental ill disorders such as depression, hyper-vigilance, and emotional lability and deregulation. In addition, further evidence shows that when young people with relatively short or modest criminal histories are co-housed with older adults with longer or more serious criminal histories, the younger people are subject both to high rates of victimization, coercion, and indoctrination into more serious behaviors. Furthermore, it is also well recognized that young people who “age out” of either the child welfare system or the juvenile justice system at age 18 demonstrate sharply worse outcomes than their counterparts. In response, in 2010 the State of California enacted Assembly Bill 12, the California Fostering Connections Act, which includes a number of improvements to the Kin-GAP program and extends foster care supports and services to foster and probation youth ages 18 to 21. By intentionally identifying TAY and young adult people incarcerated in the Contra Costa County jail system, the R&R Program will support the development of service plans that maximize the potential benefits of these additional financial, social, and educational supports. The R&R Program will also partner with the Sheriff’s Office to identify young people most appropriate for housing in units dedicated to TAY. Veterans: Given the large numbers of military veterans who experience incarceration, it is expected that the population served by the program will have high rates of PTSD, physical trauma such as traumatic brain injury (TBI), physical and mental disability, chronic physical health problems, and functional struggles consistent with high rates of homelessness. A trauma-informed approach is of particular importance, but in addition the program will develop specialized approaches specific to the needs of veterans, beginning with the use of specialized assessment instruments designed for use with veterans (such as the PCL-V). Service plans for veterans will include consideration of both the specialized needs and the specialized resources related to veterans. 3. Overarching Methodologies Cognitive-Based Treatments: The R&R Program will provide client-centered, goal- oriented cognitive based treatments (CBT), such as Thinking for a Change (see below). The Program’s integration of cognitive, behavioral, and social learning theories will support clients in building and practicing skills they may never had (habilitation) or in freshening skills that may have been lost (rehabilitation). Dialectical Behavioral Therapy: The Program will use the grounding and mindfulness elements of Dialectical Behavior Therapy (DBT), an adaptation of CBT developed for treatment-resistant clients who have particular challenges with post-traumatic emotional self-regulation. Developed by Marsha Linehan as a cornerstone approach for both men and women, DBT includes somatic approaches to understanding trauma, helping clients develop foundational skills in emotional regulation, stress tolerance, de-escalation, and the use of mindfulness to cope with trauma reactions. Through this work, clients become better able to cope with the stressors they encounter in both detention settings and community-based treatment milieu; become more capable of managing their own responses; and develop greater sensitivity about the ways in which their behaviors may trigger others. Motivational Interviewing (MI) will serve as an overarching clinical approach. Designed to help people with mental health and substance use disorder (SUD) to make positive behavioral changes, MI upholds four principles—expressing empathy and avoiding arguing, developing discrepancy, rolling with resistance, and supporting self- efficacy (client’s belief she/he can successfully make a change). MI is a non-directive, client-centered, non-intrusive style of counseling with the goal of eliciting behavior change by helping individuals explore and resolve ambivalence. Although initially developed to support substance abuse counseling, MI has been used and evaluated across many other areas of behavioral health as well as in the treatment and prevention of chronic diseases. MI has demonstrated its utility as an easily adaptable approach that can be used with different populations and settings. MI is an evidence-based practice with resources such as manuals, tools, self-assessment and fidelity measures, and in-service training to help support its implementation within agencies. There is strong evidence suggesting the effects of MI are greater when coupled with another active intervention such as cognitive behavioral therapy (CBT). February 7, 2017 Contra Costa County Board of Supervisors Minutes 504 08.28.2015 43 Contra Costa County California | Section E | Program Needs Proposed Programs and Services 4. Service Structures Services will be provided primarily in group settings (didactic, process, or blended), supplemented by 1:1 case planning, transition planning, and discharge management. Gendreau and Goggin (1994) define a set of interventions likeliest to improve outcomes for justice-involved clients as follows: Treatment should be based on behavioral strategies; be provided for at least three to four months (100 hours) of direct service; target criminogenic/behavioral needs; provide optimal conditions for learning prosocial behaviors; and provide continuing assistance to develop post-release supports. Therefore, each client’s service plan will be customized to reflect these premises. A typical schedule for a motivated client might include two didactic groups each week, a process/cohort group every week, and an individual one-on-one meeting no less than monthly, supplemented by NA/AA groups and academic classes held within the housing units. Given the transient nature of jail populations, and to maximize client opportunity to achieve milestones, Individual Success Plans will be updated every month new service plan would be created to establish goals and schedule, with increasing emphasis on skills application and developing preparatory plans to support discharge and aftercare. The program milieu itself will be designed as an intentional opportunity for clients to practice the skills they’re learning. Clients will be supported in cultivating attitudes and behaviors that are prosocial, supportive of others, accepting of difference, and forthcoming rather than secretive. Recognizing the complex challenges common to this population, the R&R Program will employ active and culturally competent engagement strategies to respond to and manage counter-productive behaviors. All treatment plans will emphasize opportunities for skills acquisition, practice, and real-world application. Each client’s course and duration of treatment will be determined by progress towards the client’s identified treatment goals, and treatment plans will be modified over time, as additional needs and strengths emerge. Biweekly team meetings will include the program staff and relevant partners who are also serving these clients. In addition, the program will conduct regular meetings, no less than monthly, to discuss program implementation, adherence to treatment protocol/curriculum, barriers to be overcome for highest level of participation, and treatment attendance and compliance. This inclusive, Multi-Disciplinary Team (MDT) approach will ensure that clients receive holistic, integrated, efficient, and effective services customized to their individual needs. 5. Screening Protocols For active program participants, Program staff will deploy a variety of evidence-based or evidence supported assessment tools, including assessments for criminogenic risks and needs. If previous assessments (including those conducted by Detention Mental Health during booking/intake) are available, the staff will attain and review such records. The array of screening tools available for use by the R&R Program include the following: a. Mental Health The Program will screen all clients for emerging symptoms of mental illness using the Mental Health Screening Form III (MHSF III). A positive screen, indicating need for further assessment, will trigger referral to a County psychiatric staff member for further evaluation. The MHSF III is available in Spanish. b. Substance Use Disorder An Alcohol/Drug History Form can be completed at screening/intake or at the time of assessment. It includes information about age of first drug use, age of regular use, frequency in 30 days prior to treatment, usual route of administration, date last used, and average amount used at one time, along with the client’s self-reported level of concern or problem with specific uses. For clients who screen positive for SUD, Addiction Severity Index (ASI) will be used to assess substance use (both alcohol and drugs). This robust assessment is a cornerstone of our intake process. A research-derived problem assessment interview that measures the type and severity of difficulty across seven domains, ASI is the most widely used assessment tool in the addictions field. c. Trauma It is well documented that justice-involved populations demonstrate high rates of traumatic histories. Therefore, clients will be screened for trauma using the Trauma History Screen (THS), a brief, 13-item self-report measure that examines 11 events and one general event, including military trauma, sexual assault, and natural disasters. With its low reading level, use of common language, and simple responses, the THS can be administered to a wide population. Those who are identified as positive for trauma exposure will also be screened for PTSD using the PTSD Checklist (PCL), which is available in versions for civilians (PCL-C) and veterans (PCL-V). The PCL is available in Spanish. February 7, 2017 Contra Costa County Board of Supervisors Minutes 505 08.28.2015 44 Contra Costa County California | Section E | Program Needs Proposed Programs and Services Individuals who screen with minor symptoms of a mental health issue or a few symptoms of PTSD but who do not meet the full criteria for PTSD will be targeted for Seeking Safety interventions designed to help trauma survivors improve resilience and address their symptoms. d. Criminal Thinking TCU Criminal Thinking Scales (TCU CTS) is a brief self-rating instrument developed to assess cognitive functioning expected to be related to criminal conduct. Findings demonstrate that these scales have good psychometric properties and can serve as a short but reliable self-reported criminal thinking assessment to help determine offender progress and effectiveness. Tools and forms are available in Spanish. e. Interpersonal Skills Development The R&R Program will use the TCU Client Evaluation of Self & Treatment: Social Functioning Sub-Scale (CEST-SOC Form), which includes nine questions that measure Social Support. Together, these nine questions can be used as proxies for assessment of effective interpersonal skills. This sub-scale can be used for monitoring client performance and psychosocial changes during treatment (as well as program-level functioning), and offers interim criteria for evaluating treatment interventions. Tools and forms are available in Spanish. f. Anger Management The R&R Program will use the TCU Client Evaluation of Self & Treatment: Social Functioning Sub-Scale (CEST-SOC Form), which includes eight questions that measure hostility. This sub-scale can be used for monitoring client performance and psychosocial changes during treatment (as well as program-level functioning), and offers interim criteria for evaluating treatment interventions. Tools and forms are available in Spanish. g. Co-Occurring Disorders It is well recognized that the justice-involved population demonstrates high rates of substance use history as well as dual (or multiple) diagnoses. Because unmanaged substance use or co-occurring disorders are recognized as significant criminogenic factors, the assessment process will include the TCU Drug Screen to identify channels for risks and needs related to co-occurring disorders. All clients will be assessed for COD during the orientation phase; when indicated, appropriate approaches will be developed and incorporated into the client’s treatment plan. All staff will be trained in recognizing and responding to the challenges commonly found in serving people with COD, including training in techniques such as motivational interviewing and managing trauma triggers to help staff work effectively with clients in the context of their co-occurring conditions. h. Literacy and Educational Levels The Comprehensive Adult Student Assessment will assess level of academic skills, while the San Diego Quick Assessment of Reading Ability will assist staff in making referrals to educational services if literacy enhancement is necessary to prepare clients for increased functionality and self-sufficiency. The assessment is available in Spanish. 6. Curricula To ensure ongoing fidelity to the models, the Program will use “Adherence Checklists” for some of the practices; and for those practices with no available checklists, the Director will assist program staff in the development of Adherence Checklists. These checklists will be utilized during supervisor observation of class facilitation to evaluate staff adherence to the model. Feedback will then be delivered to staff in supervision sessions in order to adjust facilitation skills and maintain EBP fidelity. a. Trauma The well-recognized Seeking Safety will serve as the curriculum for the trauma groups. Developed by Lisa Najavits, Seeking Safety is a present-focused treatment for clients with a history of trauma and substance abuse. Designed for flexible use, it is appropriate for group or individual format, male and female clients, and a variety of settings (e.g., outpatient, inpatient, residential). Seeking Safety addresses trauma in terms of its current impact, symptoms, and related problems (e.g., substance abuse) without requiring individuals to explore distressing memories. Seeking Safety is available in Spanish. b. Criminal Thinking Multiple CBT-based programs have been demonstrated as effective for justice-involved populations. While studies vary, most conclude that several of these CBT-based interventions are correlated with a variety of improved outcomes. Selecting one or the other, therefore, is a matter of informed consideration. Currently, Contra Costa County Probation is implementing Thinking for a Change with some of its clients, and it may be most effective to align the Program’s curricula to complement those already in use. For men: Thinking for a Change (T4C) is a widely used treatment developed by the National Institute of Corrections specifically for justice-involved populations. This curriculum consists of 22 group sessions and focuses on three cognitive perspectives: February 7, 2017 Contra Costa County Board of Supervisors Minutes 506 08.28.2015 45 Contra Costa County California | Section E | Program Needs Proposed Programs and Services Cognitive Restructuring, Social Skills Development, and Development of Problem- Solving Skills. T4C is available in Spanish (Pensar en un Cambio). For women: Moving On: A Program for At-Risk Women provides women with alternatives to criminal activity by helping them identify and mobilize personal and community resources. Moving On draws on the evidence-based treatment models of relational theory and cognitive-behavioral therapy, can be administered to groups or individuals in forensic or community settings, and can be fully delivered in as little as nine or as many as 25 weeks (including supplemental sessions). Program content is organized around four main themes: Encouraging personal responsibility and enhancing motivation for change; Expanding connections and building healthy relationships; Skill enhancement, development, and maintenance through staff modeling, role play, feedback and homework assignments; Relaxation and stress management skills, demonstrated and practiced. Moral Reconation Therapy (MRT) is a systematic treatment strategy that seeks to decrease recidivism among juvenile and adult criminal offenders by increasing moral reasoning. Its cognitive-behavioral approach combines elements from a variety of psychological traditions to progressively address ego, social, moral, and positive behavioral growth. MRT takes the form of group and individual counseling using structured group exercises and prescribed homework assignments. The MRT workbook is structured around 16 objectively defined steps (units) focusing on seven basic treatment issues: confrontation of beliefs, attitudes, and behaviors; assessment of current relationships; reinforcement of positive behavior and habits; positive identity formation; enhancement of self-concept; decrease in hedonism and development of frustration tolerance; and development of higher stages of moral reasoning. MRT builds on some of the ideas promoted in cognitive behavior courses, such as changing residents’ ways of thinking to be more pro-social, and it combines well with other life skills programming like anger management and job placement. One difference between MRT and traditional cognitive behavior programs is that MRT programs constantly work on raising the moral reasoning level of residents through exercises with groups of offenders—some of whom are at different stages in the program. MRT is conducted in open-ended groups that may meet once a month or up to five times per week. MRT does not require high reading skills or high mental functioning levels, as participants’ homework includes making drawings or writing short answers. Participants meet in groups once or twice weekly and can complete all steps of the MRT program in a minimum of 3 to 6 months. c. Anger Management For Men: Controlling Anger and Learning to Manage (CALM) is an evidence-based cognitive-behavioral group training program developed by Orbis Partners and intended to reduce anger, violence, and emotional loss of control for adult men classified as high-risk. In its 24 sessions, CALM teaches skills to reduce the frequency, intensity, and duration of anger. This helps to lessen the likelihood of the occurrence of aggression and other strong negative emotions. CALM sessions are practical, highly structured, and designed for groups at risk for inappropriate or violent behavior and, in many cases, criminal recidivism. Clients are taught a wide variety of skills, including improved self- management and self-control skills, effective problem-solving, effective communication, identifying high-risk situations (within the context of a Relapse Prevention model) and examining and correcting cognitive distortions through prosocial skills training. The first step in the process of skill building is a facilitator-led discussion regarding the skill of interest. Following this overview, the facilitator models the skill for clients, who later practice these skills with role-play exercises. The facilitator then provides constructive feedback on the performance of the group members and the session content is reviewed. The final step in the skill development process involves homework exercises to practice the skill outside of the group context. The CALM curriculum consists of six sections: Introduction and motivational enhancement; Managing arousal; Thinking patterns; Assertiveness and communication; Other emotions; Relapse prevention. For Women: Beyond Anger and Violence, created by Stephanie Covington, PhD, LCSW, is a manualized curriculum for women who are struggling with the issue of anger and who are in forensic or community settings. The first manualized intervention for women that focuses both on anger and on the trauma they may have experienced, it utilizes a variety of evidence-based therapeutic strategies (i.e., psycho-education, role playing, mindfulness activities, cognitive behavioral restructuring and grounding skills for trauma triggers). This 42-hour, 21-session intervention consists of a facilitator guide, client workbook and DVD. The facilitator’s manual for the program is a step-by-step guide containing the theory, structure, and content needed for running groups. d. Interpersonal Skills Development Skillstreaming: A Guide for Teaching Prosocial Skills will be used to support interpersonal skills development. A manualized approach developed by Arnold P. Goldstein, Skillstreaming comprises one of the three elements of Aggression Replacement Training. Originally developed as an intervention prescriptively targeted to low-income adults deficient in social skills, Skillstreaming has increasingly been used with many populations, including older adults, child abusing parents, and other adult populations. In the absence of an adult-specific manual, the program will use the adolescent version of the training manual, because the skills taught are the same for adolescents and February 7, 2017 Contra Costa County Board of Supervisors Minutes 507 08.28.2015 46 Contra Costa County California | Section E | Program Needs Proposed Programs and Services adults. Further, as the curriculum uses clients’ own examples to apply the skills to real- life situations in their lives, adult clients will provide adult situations to guide the learning through role-play. The Skillstreaming curriculum is comprised of 50 specific skills ranging from beginning social skills (listening, starting a conversation, or giving a compliment) to advanced social skills (such as asking for help, following instructions, apologizing, and convincing others). Included in the 50 skills are other skills to help clients deal with feelings, including knowing your feelings, understanding the feelings of others, and dealing with fear. Alternatives to aggression are also taught in the form of skills such as asking permission, negotiating, using self-control, and keeping out of fights. Skills for dealing with stress include responding to failure, dealing with an accusation, dealing with group pressure and dealing with embarrassment and planning skills such as setting a goal and making a decision are also included. Should a sufficient number of women be assessed as high-need for interpersonal skills development, the R&R Program may operate a gender-specific women’s Skillstreaming group. e. Parenting Parenting Inside Out (PIO) is an evidence-based parenting skills training program developed for justice-involved parents. The Jail Module of PIO is appropriate for both incarcerated mothers and incarcerated fathers who are parenting from jail, offering 20 hours of skills-building via a 10-week, manualized curriculum. Parenting Inside Out has a proven impact on reducing recidivism and criminal behavior while improving family relationships and parenting skills; a randomized controlled trial of PIO demonstrated that PIO reduced recidivism (27% to 48% one year after release); improved parental participation in the lives of their children, increased the use of positive reinforcement, and reduced parental stress; reduced parental depression and raised their prison adjustment scores; and reduced reported substance use. Parents enrolled in PIO will be eligible to participate in the WCDF Family Matters component of the R&R Program. The PIO staff will work with incarcerated parents to build stronger parenting skills; identify and effectively manage their own grief, trauma, and loss; develop effective communication skills in dealing both with their child and the child’s active caregiver; set interpersonal goals for each visit with their child; tie their in-custody goals and behaviors to their hopes and motivations as parents; and build reentry plans that increase their capacities as parents. Incarcerated parents will be eligible for regular, facilitated, contact visit with their child(ren) in the new, Child/Parent Visitation Center. For justice-involved parents who are also involved in the child welfare system, the R&R Program will coordinate with the County’s Children and Family Services Bureau to maximize parental opportunities to comply with court-ordered reunification plans by participating in Parenting Inside Out and the Family Matters program. f. Substance Use Disorder/Co-Occurring Disorders Using a holistic, strengths-based, client-focused model, the Program will provide evidence-based outpatient alcohol and other drug (AOD) services to clients with alcohol and other drug-related problems, included co-occurring disorders. Stephanie Covington’s Helping Men Recover is the first gender-responsive, trauma- informed treatment program for men. This curriculum addresses what is often missing in prevailing treatment modes: a clear understanding of the impact of male socialization on the recovery process, a consideration of the relational needs of men, and a focus on the issues of abuse and trauma. The program model is organized into four modules that emphasize the core areas of men’s recovery: self, relationships, sexuality, and spirituality. The Facilitator’s Guide for the 18-session program is a step-by-step manual containing the theory, structure, and content needed for running groups, while the participants’ workbook allows men to process and record the therapeutic experience. Designed for implementation by a staff with a wide range of training and experience, the materials are designed to be user-friendly and self-instructive. Dr. Covington’s evidence-based Helping Women Recover will be the recovery education curriculum for women. Integrating theories of women’s psychological development, trauma, and addiction to meet the needs of women with addictive disorders, the comprehensive, seventeen-session curriculum contains four modules that address the areas that women in treatment identify as triggers for relapse: self, relationships, sexuality and spirituality. They include the issues of self-esteem, sexism, family of origin, relationships, domestic violence, and trauma. As with the men’s curriculum, the user-friendly and self-instructive materials include a step-by-step facilitator’s guide and a participant’s journal, entitled A Woman’s Journal, filled with self-tests, checklists, and exercises to enable each participant to create a personalized guide to recovery. g. Lifeskills Lifeskills are an essential component of successful self-sufficiency; for many justice-involved people, especially those with SUD or co-occurring disorders, the development of basic life skills has been delayed or limited. The Program will ensure that clients’ case plans include goals and activities related to money management (e.g. banking, budgeting, and matched-savings programs); healthy relationships; nutrition (e.g. cooking, exercise, and health); stress and emotional self-regulation; positive communication; and problem-solving. February 7, 2017 Contra Costa County Board of Supervisors Minutes 508 08.28.2015 Introduction Contra Costa County has achieved one of the lowest incarceration rates in the State of California and compares very favorably to the national incarceration rate. Over the years, the County has implemented a number of programs to divert presentenced arrestees from incarceration and have utilized alternatives to incarceration to control their overall detention population. The following is a look at key data regarding the functioning of the County detention system, a description of programs in place to manage the population numbers, and a forecast of future bed and facility need. County Population Contra Costa County is the ninth largest county in California; the County’s population in 2014 was 1,096,637, according to the State of California, Department of Finance. Over the last ten years, the County has experienced steady growth of a little less than 1% per year, with a net population increase of 98,000 people. YEAR TOTAL # CHANGE % CHANGE 2004 998,201 2005 1,004,230 6,029 0.6% 2006 1,010,104 5,874 0.6% 2007 1,021,251 11,147 1.1% 2008 1,033,292 12,041 1.2% 2009 1,043,501 10,209 1.0% 2010 1,052,199 8,698 0.8% 2011 1,061,197 8,998 0.9% 2012 1,069,158 7,961 0.8% 2013 1,081,948 12,790 1.2% 2014 1,096,637 14,689 1.4% 2010-2014 Total: 98,436 9.5% Annual Growth Rate: 9,844 0.95% Source: State of California, Department of Finance, California County Population Estimates and Components of Change by Year, July 1, 2010-2014. Sacramento, California, December 2014. State of California, Department of Finance, California County Population Estimates and Components of Change by Year, July 1, 2000-2010. Sacramento, California, December 2011. F Local Trends and Characteristics Figure 29: Contra Costa County Historical Population Table 18: Contra Costa County Historical Population 800000 1000000 1200000 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Source: State of California, Department of Finance, California County Population Estimates and Components of Change by Year, July 1, 2010-2014. Sacramento, California, December 2014. State of California, Department of Finance, California County Population Estimates and Components of Change by Year, July 1, 2000-2010. Sacramento, California, December 2011. February 7, 2017 Contra Costa County Board of Supervisors Minutes 509 08.28.2015 48 Contra Costa County California | Section F | Local Trends and Characteristics Criminal Offenses The Department of Finance forecasts even faster growth in the County over the next 20 years, with an anticipated population increase of 2% annually. This forecast predicts that the population of Contra Costa County in 2035 will be 1,341,741, an increase of 19.5% compared to 2014. YEAR TOTAL # CHANGE % CHANGE 2015 1,108,963 2020 1,166,670 57,707 5.2% 2025 1,224,372 57,702 4.9% 2030 1,281,561 57,189 4.7% 2035 1,341,741 60,180 4.7% 2010-2014 Total: 232,778 19.5% Annual Growth Rate: 23,278 1.95% Source: Demographics Research Unit, California Department of Finance, December 2014 Figure 30: Contra Costa County Projected Population Table 19: Contra Costa County Projected Population Criminal Offenses Derived from the California Office of the Attorney General, which publishes criminal offense statistics for each county (including felonies and misdemeanors), the following information regarding historical arrest data provides context for the local detention system. It also demonstrates key trends in number, types, and severity of charges and convictions. Felonies The most serious offenses, felonies impose the greatest impact on the detention system in terms of population numbers, length of stay, and security concerns. Felonies are classified as follows: •Violent crimes including homicide, forcible rape, robbery, and aggravated assault •Property crimes including burglary, motor vehicle theft, larceny theft •Drug crimes •Sex crimes •Other crimes Between 2005 and 2011, Costa Contra County reported a decrease in reported felonies, a trend found also in the state of California overall, as well as throughout the nation. Since 2011, however, felonies have been on the upswing, growing 12% in the past three years. Most of this growth can be attributed to an increase in felony drug offenses, which have increased 30% as compared to a 17% increase in “other” felony crimes. 00000 1200000 1500000 2015 2020 2025 2030 2035 Source: Demographics Research Unit, California Department of Finance, December 2014 February 7, 2017 Contra Costa County Board of Supervisors Minutes 510 08.28.2015 49 Contra Costa County California | Section F | Local Trends and Characteristics Criminal Offenses Misdemeanors Misdemeanors are minor offenses that have less impact than felonies on the local detention system. However, several misdemeanor offenses, such as weapons charges, can easily result in jail time. Misdemeanor offenses in the County have averaged 16,880 per year over the last decade, ranging from a high in 2008 at 19,712 to a low of 14,338 in 2013. Misdemeanors Misdemeanors are minor offenses that impact the detention system at a far lesser degree than felonies although there are a few offenses such as weapons charges that can result in jail time. Misdemeanor offenses have averaged 16,880 per year over the last decade and have ranged from a high in 2008 at 19,712 and a low of 14,338 in 20013. FELONY CRIMES 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 FELONY 12,667 12,763 12,400 12,034 11,661 11,693 10,832 11,185 11,583 12,146 Violent Offenses 2,498 2,885 2,770 2,763 2,976 2,692 2,514 2,445 2,356 2,411 Property Offenses 4,162 3,980 4,018 3,704 3,532 3,597 3,141 3,304 3,280 3,315 Drug Offenses 3,485 3,324 2,795 2,831 2,895 3,288 3,042 3,283 3,599 3,951 Sex Offenses 180 225 177 162 189 193 175 212 207 168 Other Offenses 2,342 2,349 2,640 2,574 2,069 1,923 1,960 1,941 2,141 2,301 Admissions Admissions refer to all persons booked into the detention system. This would include new arrestees, in- court remands to custody (convictions and contempt of court), ICE detainees, AB109 detainees, probation and parole violators, and targeted felony warrant arrests. Admissions do impact the ADP but it is not a proportional relationship because the majority of the new persons booked are released directly from the booking area. Moreover, a County with pre- and post-sentenced alternatives to incarceration such as Contra Costa County can provide alternative sanctions other than jail. Over the past 10 years, Contra Costa County booked approximately 25,000 individuals a year about 2,050 people monthly. The number of admissions were fairly consistent but dropped about in 2011 and 2012 to 23,315 and 23,037 respectively. By 2014, admissions were back near 25,000 annually. Table 20: Felony Crimes in Contra Costa County, 2005-2014 Figure 31: Felony Crime Trends in Contra Costa County, 2005-2014 Figure 32: Total Felony Offenses in Contra Costa County, 2005-2014 Figure 33: Total Misdemeanor Offenses in Contra Costa County, 2006-2014 Source: Contra Costa Sheriff’s Office Source: California Office of the Attorney General, Criminal Justice Statistics Center Source: California Office of the Attorney General, Criminal Justice Statistics Center Source: California Office of the Attorney General, Criminal Justice Statistics Center FELONY CRIMES 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 FELONY 12,667 12,763 12,400 12,034 11,661 11,693 10,832 11,185 11,583 12,146 Violent Offenses 2,498 2,885 2,770 2,763 2,976 2,692 2,514 2,445 2,356 2,411 Property Offenses 4,162 3,980 4,018 3,704 3,532 3,597 3,141 3,304 3,280 3,315 Drug Offenses 3,485 3,324 2,795 2,831 2,895 3,288 3,042 3,283 3,599 3,951 Sex Offenses 180 225 177 162 189 193 175 212 207 168 Other Offenses 2,342 2,349 2,640 2,574 2,069 1,923 1,960 1,941 2,141 2,301 February 7, 2017 Contra Costa County Board of Supervisors Minutes 511 08.28.2015 50 Contra Costa County California | Section F | Local Trends and Characteristics Admissions Source: Contra Costa Sheriff’s Office Admissions Admissions refer to all persons booked into the detention system. This would include new arrestees, in-court remands to custody (convictions and contempt of court), ICE detainees, AB109 detainees, probation and parole violators, and targeted felony warrant arrests. Admissions impact the Average Daily Population (ADP), but it is not a proportional relationship, because the majority of the new persons booked are released directly from the booking area. Moreover, a County with pre- and post-sentenced alternatives to incarceration such as Contra Costa County can provide alternative sanctions other than jail. Over the past 10 years, Contra Costa County booked approximately 25,000 individuals a year, or about 2,050 people monthly. The number of admissions were fairly consistent but dropped about in 2011 and 2012 to 23,315 and 23,037 respectively. By 2014, admissions were back near 25,000 annually. Average Daily Population From 2005 to 2007, the Contra Costa County detention system’s average daily population was approximately 1,650. In 2008, it dropped by about 100 and it has continued to at this lower level since. From 2008 to 2014, the average daily population of the detention system has been approximately 1,550 people. Figure 34: Average Monthly Admissions Average Daily Population From 2005 to 2007, the Contra Costa County detention system’s average daily population was approximately 1,650. In 2008 it dropped by about 100 and it has continued to at this lower level since. From 2008 to 2014, the average daily population of the detention system has been approximately 1,550 people. Among the 3 detention facilities most of the population is held at WCDF. Over the years, the medium security WCDF has held 51-55% of the County’s detention population and the maximum security MDF has held 39-45%. The MCDF holds just a small number of low security inmates, generally 4-7% of the detention population Admissions Admissions refer to all persons booked into the detention system. This would include new arrestees, in- court remands to custody (convictions and contempt of court), ICE detainees, AB109 detainees, probation and parole violators, and targeted felony warrant arrests. Admissions do impact the ADP but it is not a proportional relationship because the majority of the new persons booked are released directly from the booking area. Moreover, a County with pre- and post-sentenced alternatives to incarceration such as Contra Costa County can provide alternative sanctions other than jail. Over the past 10 years, Contra Costa County booked approximately 25,000 individuals a year about 2,050 people monthly. The number of admissions were fairly consistent but dropped about in 2011 and 2012 to 23,315 and 23,037 respectively. By 2014, admissions were back near 25,000 annually. Figure 35: Average Daily Population Among the three detention facilities, medium-security WCDF tends to hold the highest percentage of all people housed in the County’s jail system. Over the years, WCDF has generally held 51-55% of the County’s detention population, while the high-security MDF has held 39-45%. MCDF tends to house just a small number of low-security people, generally 4-7% of the overall detention population. Source: Contra Costa Sheriff’s Office February 7, 2017 Contra Costa County Board of Supervisors Minutes 512 08.28.2015 51 Contra Costa County California | Section F | Local Trends and Characteristics ADP of AB109 Commitments and Holds The ADP of MDF is extremely troubling. Responsible for housing people with the most serious charges, it is chronically above functional capacity, which is commonly defined as 85% of a jail’s rated capacity. When the population crosses this 85% threshold, a facility will have difficulty safely housing its residents per their classification and security levels. As a result, the safety and security of residents and staff alike are compromised. More troubling still, MDF is sometimes forced to operate above the facility’s rated capacity. ADP of AB109 Commitments and Holds The AB109 program was implemented in California in October 2011 in response to the US Supreme Court’s order to reduce overcrowding in California’s state prison population. Under AB109, commonly referred to as “prison realignment,” the responsibility of a portion of the state prison population is transferred to local counties and their county jail systems. AB109 imposes several changes on the allocation of responsibilities between the state detention system (including prisons and parole) and county detention systems (including jails and probation). It requires that people convicted to non-serious / non-violent / non- sex offenses be placed under county jurisdiction rather than state jurisdiction. In addition, people who violate state parole will serve time for their violations in local custody rather than returning to state prison. Further, under AB109, judges have the discretion to impose “split sentences,” in which a person serves part of his or her sentence in county jail and the balance on mandatory community supervision by County probation. In case of an individual’s probation violation, a probation officer has the authority to send an individual to detention in a local jail for up to 10 days, in what is known as “flash incarceration.” AB109 has had a significant impact on many counties throughout California, but the impact to Contra Costa County has been relatively low. In 2014, an average of 47 AB109 people were detained in the County jails, down from a high of 76 in 2012. AB109’s relatively limited impact on the County jail system results from the fact that the Contra Costa County justice system had a long history of retaining within the County jail system many people who had convicted of felonies and whom the County could have elected to send to state prison to serve their sentences. As a result of this progressive approach to keeping sentenced people “close to home,” California’s state prison system housed relatively few Contra Costa County residents who were eligible for AB109. It is anticipated the AB109 people will continue to be a small percentage of the population. On the other hand, AB109 has had a meaningful impact on the County probation department; while relatively few AB109ers are typically detained in custody in the County jail system, proportionately large numbers of AB109ers are instead under supervision by probation. Average Daily Population From 2005 to 2007, the Contra Costa County detention system’s average daily population was approximately 1,650. In 2008 it dropped by about 100 and it has continued to at this lower level since. From 2008 to 2014, the average daily population of the detention system has been approximately 1,550 people. Among the 3 detention facilities most of the population is held at WCDF. Over the years, the medium security WCDF has held 51-55% of the County’s detention population and the maximum security MDF has held 39-45%. The MCDF holds just a small number of low security inmates, generally 4-7% of the detention population The ADP of the MDF is extremely troubling. This facility holds the most violent people in the detention system and it is chronically above functional capacity and sometimes above the facility’s rated capacity. Functional capacity refers to approximately 85% of rated capacity. When the population crosses this 85% threshold, facilities have difficulty separating inmates per their classification and security level. As a result, the safety and security of inmates and staff alike are compromised. ADP of AB109 Commitments and Holds The AB109 program was implemented in the California in October, 2011 in response to the US Supreme Court mandating a reduction in the California’s state prison population. Under AB109, the responsibility of a portion of the state prison population is transferred to local counties. AB109 is commonly referred to as “realignment.” AB109 requires the following (1) parole violators to serve their violations in local custody; and (2) non- serious / non-violent / non-sex offenders to serve their sentence under local jurisdiction. The latter ones are referred to as AB109 Jail/Prison Commitments. A second component of the realignment deals with those inmates who are sent to Post Release Community Supervision (including County Probation). Probation violators are now being sent to the local adult detention to serve time for their violation. They are estimated to serve approximately 30 days in jail. Finally, a small percentage of those inmates on probation who may need a “wake-up call”, and at the discretion of the probation officer may be sent to custody for up to 10 days. These are called “flash incarcerations” and fall under the 3056 California Penal Code. Much like the rest of the state’s prison population, the recidivism rates of the AB 109 population are higher, and, as a result, Contra Costa County will have to address that with emphasis on in-custody programming and re-entry programs. AB109 has had a significant impact on many counties throughout California, but the impact to Contra Costa County has been small. In 2014, an average of 47 AB109 people were in the system and that is Figure 36: ADP by Facility Figure 37: MDF ADP Versus Capacity Source: Contra Costa Sheriff’s Office Source: Contra Costa Sheriff’s Office February 7, 2017 Contra Costa County Board of Supervisors Minutes 513 08.28.2015 52 Contra Costa County California | Section F | Local Trends and Characteristics Custody Alternative Facility Table 21: Custody Alternative Facility - Average Daily Census Participation in these program has been exceptional and the BSCC has commended its impact, writing in its most recent inspection, “We want to acknowledge the Custody Alternative Facility, a program to deliver services to released persons who would otherwise be taking up jail bed space.” In 2014, an average of 319 persons participated in CAF each month. The County’s new Pretrial Services Program further reduces the number of people held in custody in Contra Costa County. MONTH 2012 2013 2014 2015 January 465 349 339 301 February 460 366 344 360 March 438 424 364 364 April 443 446 376 May 434 406 389 June 412 391 379 July 425 398 330 August 417 345 294 September 383 288 267 October 368 337 217 November 368 337 263 December 375 337 260 Monthly Average 416 369 319 342 down from a high of 76 in 2012. The reason for this is that before AB109, the Contra Costa County justice system already had a culture of keeping people local instead of shipping them to state prison. The prison system had very few AB109 qualifying people to divest. It is anticipated the AB109 people will continue to be a small percentage of the population. Custody Alternative Facility The Custody Alternative Facility is a bit of a misnomer because it is not a detention facility. It is a program of alternative sanctions and supervision available to individuals in lieu of incarceration. There are 3 program options available: Work Alternative Program – People provide labor in exchange for sentenced days incarcerated Home Detention Program – People wear electronic home detention ankle bracelets and CCSO staff monitors their whereabouts. This permits people to be a productive member of society by maintaining employment and family responsibilities while serving their sentence. County Parole – People are granted parole specifications in lieu of incarceration. If a person violates the conditions or regulations of the programs, rejection or a return to incarceration may result. The program began in XXXX and in 2014 an average of XXX people were on the program. Incarceration Rate Incarceration rate (IR) is the ratio of the jail’s ADP to the total population. The IR is expressed in terms of persons held in jail per 100,000 census population. Differences in incarceration offer a comparison 0 10 20 30 40 50 60 70 80 2011 2012 2013 2014 2015 AB109 COMMITMENTS AND HOLDS AB109 Prison Jail Commitments AB109 3056 Comitments AB109 3056 Parole Holds Total AB109 Figure 38: AB109 Commitments and Holds Source: Contra Costa Sheriff’s Office Custody Alternative Facility Despite its name, the Office of the Sheriff’s Custody Alternative Facility (CAF) is a set of programs, rather than a physical facility. The CAF offers a set of alternative sanctions and supervision available to individuals in lieu of incarceration: If a person violates the conditions or regulations of CAF’s programs, they may be compelled to return to incarceration. CAF’s component programs are as follows: Work Alternative Program -This program provides eligible sentenced individuals the opportunity to provide labor in exchange for days remaining on a sentence. Electronic Home Detention Program - The EHP releases certain eligible people (both unsentenced and sentenced) from custodial detention to return to the community; EHD participants wear electronic ankle bracelets under supervision by the Office of the Sheriff. County Parole - Under the County parole program, sentenced individuals are granted parole specifications to allow them to return to the community in lieu of incarceration. Source: Contra Costa Sheriff’s Office February 7, 2017 Contra Costa County Board of Supervisors Minutes 514 08.28.2015 53 Contra Costa County California | Section F | Local Trends and Characteristics Incarceration Rate Incarceration Rate Incarceration rate (IR) is the ratio of a jail or jail system’s Average Daily Population to the County’s total population. The IR is expressed in terms of the number of people held in jail per 100,000 census population. Differences in incarceration rates offer a comparison with other counties’ rates, the state incarceration rate, and the national incarceration rate. Table 22 shows the historic incarceration rates for Contra Costa County over the past 10 years. The ADP’s shown are total yearly averages of persons held in the County’s three detention facilities, including ICE detainees. Over the last 10 years, the County has an average IR of 151. From 2005-2008, the County’s IR fell 11%; in the years since, the IR has ranged from 138.5 to 150, for an average of 145. At 143 people incarcerated per 100,000, Contra Costa County’s IR is significantly lower than that of the State of California and of the nation as a whole. For example, in 2014 the State of California’s incarceration rate stood at 214/100,000 or 50% higher than the County’s. In the same year, the national incarceration rate was 231/100,000, 62% higher than Contra Costa’s. In addition, in response to AB 109 prison realignment, the County has achieved the highest rates of split sentences in the State of California, at about 92%. Table 23: 2014 Incarceration Rate Comparison Source: US Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, Jail Inmates at Midyear 2014. State Incarceration Rate source - Board of State and Community Corrections June 2014 Total State Jail ADP at 82,736. Source for State Population is US census. Source for Contra Costa is Contra Costa Sheriff’s Office. Source: State of California, Department of Finance, California County Population Estimates and Components of Change by Year, July 1, 2010-2014. Sacramento, California, December 2014. State of California, Department of Finance, California County Population Estimates and Components of Change by Year, July 1, 2000-2010. Sacramento, California, December 2011. 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 AVERAGE County Population 998,201 1,004,230 1,010,104 1,021,251 1,033,292 1,043,501 1,052,199 1,061,197 1,069,158 1,081,948 1,096,637 Average Daily Population 1647 1660 1648 1612 1521 1566 1555 1481 1577 1498 1570 1576 Incarceration Rate (per 100,000 pop.) 165.0 165.3 163.2 157.9 147.2 1.0 147.8 139.5 147.5 138.5 143.1 137.8 JURISDICTION INCARCERATION RATE PER 100,000 US 231 State of California 214 Contra Costa County 145 Table 22: Historic Incarceration Rate - Detainees per 100,000 Population February 7, 2017 Contra Costa County Board of Supervisors Minutes 515 08.28.2015 54 Contra Costa County California | Section F | Local Trends and Characteristics Projections Projections Overall, Contra Costa County has been very effective in keeping its incarceration rate low through its assertive cite-release practices, the Sheriff Office’s Custody Alternative Facilities with its alternatives to incarceration for both unsentenced and unsentenced people, and the County’s new Pretrial Services Program. At the same time, the County’s crime rate and its admissions to the detention system have remained steady over the past 10 years, even as the County’s population has grown. While it is anticipated that the County will continue its success in maintaining its low incarceration rate, the rate of population growth over the next 20 years is expected to double, as compared to the previous 10 years. For that reason, a need for increased capacity will likely track that population growth. The projected Average Daily Population for the Contra Costa Detention System is estimated to be 1,675 in the year 2019, with an associated estimated system capacity need of 1,926 beds. By the year 2045, the ADP is projected to be 2,112, with an estimated system capacity need of 2,429 beds. 2019 Projected County Population 1,155,129 Avg. Incarceration Rate (2008-2014) per 100,000 people 145 PROJECTED ADP 1675 Capacity Need*1926 *Capacity Need accounts for peaking and classification/separation needs Table 24: Projected ADP and Capacity in 2019 *Capacity need accounts for peaking and classification/separation needs Source: State of California, Department of Finance 2015 2020 2025 2030 2035 2040 2045 Projected County Population 1,108,963 1,166,670 1,224,372 1,281,561 1,341,741 1,398,796 1,456,840 Avg Incarceration Rate (2008-2014)145 145 145 145 145 145 145 PROJECTED ADP 1608 1692 1775 1858 1946 2028 2112 Capacity Need*1849 1945 2042 2137 2237 2332 2429 Table 25: Projected ADP Based on Incarceration Rate and Projected Population February 7, 2017 Contra Costa County Board of Supervisors Minutes 516 08.28.2015 Overview The Board of State and Community Corrections performed a biennial inspection of the Contra Costa detention facilities in 2014 for compliance with Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. Per Title 15, Section 1027 – Number of Personnel, the BSCC observed that there are sufficient personnel on duty at all times (whenever there is a person in custody) to ensure the implementation and operation of all programs and activities required by these regulations. G The Adequacy of Staffing Levels February 7, 2017 Contra Costa County Board of Supervisors Minutes 517 08.28.2015 56 February 7, 2017 Contra Costa County Board of Supervisors Minutes 518 08.28.2015 A number of factors influence the ability of jail staff to properly supervise activities in the County’s jail facilities. Primary among those factors is the physical design of the facilities, as described in this section. Additionally, adequate staffing, classification, and medical and behavioral health issues, in combination with the crowded conditions and poor sight-lines, can affect facility efficiency, effectiveness, and reentry readiness. Such impediments can have serious consequences for the safety of both staff and incarcerated people within a facility. As described in this document, an operational analysis of the Contra Costa jail system revealed a number of serious issues affecting staff’s ability to effectively use visual supervision as a primary mechanism for safe and effective operational management. H The Ability to Provide Visual Supervision February 7, 2017 Contra Costa County Board of Supervisors Minutes 519 08.28.2015 58 Contra Costa County California | Section H | The Ability to Provide Visual Supervision Martinez Detention Facility Martinez Detention Facility The MDF serves as the central Reception and Intake facility for people incarcerated by the County’s jail system. The intake area’s angular design hinders visual supervision of the open seating, and other areas. Structural concrete pillars located throughout further hamper the ability of custodial staff to visually supervise people waiting for intake and processing. Additionally, the lack of dedicated space to store equipment or required appliances further exacerbates the visual sight-line problem. Some modifications of the intake area have improved staff safety. These modifications included expanding the deputy work area and moving the nurse’s stations behind the intake counter; previously, they had been placed in open area, compromising both safety and HIPAA compliance. These modifications also upgraded the security cameras, which now record video. In the MDF housing areas, it is exceedingly difficult to provide adequate visual supervision due to the preponderance of structural concrete pillars and the angular design of the units, as well as the chronic ADP far above original rated capacity. All of these issues impede visual sight lines. To respond to overcrowding and the resultant double-bunking of a facility that was designed as a single-cell model, staff are compelled to limit the percentage of each housing unit’s population who are allowed in the dayroom at one time, thus leading to long periods of confinement, which is inconsistent either with rehabilitation or daily safety. The long hallway leading to cells in the high security area at MDF further inhibits good visual supervision. Given that this area is intended to hold either the most dangerous or challenging people, the compromised sight lines are of special concern. Figure 39: The typical housing unit is irregularly planned, with large structural concrete columns throughout, interfering with visual supervision. Figure 40: The officers’ station in a typical housing unit has numerous blind spots and lacks visual access to much of the mezzanine level. February 7, 2017 Contra Costa County Board of Supervisors Minutes 520 08.28.2015 59 Contra Costa County California | Section H | The Ability to Provide Visual Supervision Martinez Detention Facility Figure 41: Conditions in the recently modified Reception & Release area are still crowded, with line-of-sight challenges throughout. Figure 42: The control room at the indirect supervision Maximum Security “Special Circumstances Housing” pod with 3 units has extremely limited lines of sight. Figure 43: The view to the open seating area from the officers station in Reception & Release is partially obscured by a large structural column. Figure 44: The complex angular layout of Reception & Release makes it impossible to supervise from one location. February 7, 2017 Contra Costa County Board of Supervisors Minutes 521 08.28.2015 60 Contra Costa County California | Section H | The Ability to Provide Visual Supervision West County Detention Facility West County Detention Facility As at MDF, WCDF also presents architectural issues interfering with visual supervision. Their implications are less onerous, however, both because WCDF is a medium-security facility and because, unlike MDF, it is not perpetually overcrowded. WCDF has a large reception and intake area. While the sight lines and space are better for visual supervision than at MDF, the personnel and operating costs associated with the maximizing the use of this area are currently prohibitive. As with MDF, WCDF’s design includes dress-out areas intended to provide privacy. However, the level of privacy provided at WCDF is inconsistent with safe and effective jail management. With their open floor plans, the housing units at WCDF offer slightly improved visual sight lines over those at MDF. However, as at MDF, WCDF is plagued by a design that includes large exposed concrete pillars throughout the units, prohibiting adequate visual supervision, again exacerbated by the irregular and angular design of the housing areas. The double perimeter fence at WCDF provides for good visual observation and security of the perimeter of the facility complex. Rather than rely on a stationary security station, the facility uses a roving patrol vehicle to provide visual supervision of the exterior of the WCDF. Figure 45: The Reception & Transfer area at WCDF is modern, open and offers an acceptable degree of line of sight throughout. Figure 46: Housing units have some of the sight line issues endemic at MDF but are less of an issue in the medium security environment. February 7, 2017 Contra Costa County Board of Supervisors Minutes 522 08.28.2015 61 Contra Costa County California | Section H | The Ability to Provide Visual Supervision West County Detention Facility Figure 47: Movement within the medium security open campus is controlled and monitored both by staff and control fences and cordoned program clusters. Figure 48: The open waiting area for Reception & Transfer at WCDF is clearly visible from the staff station. Figure 49: While not optimal due to unit layout and badly situated structural columns, the staff station at a typical housing unit offers better line-of-sight than at MDF. Figure 50: The women’s sub-unit at the co-ed housing unit (lower level, left) is problematic in sight lines and visual interaction between male and female residents. February 7, 2017 Contra Costa County Board of Supervisors Minutes 523 08.28.2015 62 Contra Costa County California | Section H | The Ability to Provide Visual Supervision Marsh Creek Detention Facility Figure 51: MCDF is an open “honor farm” type campus offering free-walk to a variety of buildings throughout the campus within a medium security perimeter. Figure 52: The housing unit’s sight lines pose some limit to direct supervision; however, this is of modest concern in the low-security MCDF. Marsh Creek Detention Facility The MCDF was designed, and continues to serve, as a minimum security facility. While it is now nearly 80 years old, it is in reasonably good repair and is appropriate for housing a low-security population. The campus is based upon an “honor farm” mode,composed of a variety of small buildings scattered, campus style, over a fairly large security fence-enclosed compound. People housed at MCDF generally have free movement within the secured grounds, with signage denoting those areas considered to be “off-limits.” According to facility staff, the layout and composition of the campus do not pose a threat to its safe operation in managing its low-security residents. February 7, 2017 Contra Costa County Board of Supervisors Minutes 524 08.28.2015 63 Contra Costa County California | Section H | The Ability to Provide Visual Supervision Marsh Creek Detention Facility Figure 53: The dormitories are relatively open, but are not designed for full visual supervision. They are appropriate only as low-security housing. Figure 54: There is no visiting center at MCDF, so the dining hall is also used for non-contact visitation. February 7, 2017 Contra Costa County Board of Supervisors Minutes 525 08.28.2015 64 February 7, 2017 Contra Costa County Board of Supervisors Minutes 526 08.28.2015 Overview The Custody Services Bureau (CSB) of the Contra Costa County Office of the Sheriff maintains records on individuals entering into the County detention system. The CSB shares information with authorized criminal justice agencies and also provides monthly counts regarding the detention system population to the Board of State and Community Corrections. The County currently collects and stores information in its Jail Management Software System (JMS). Information collected from individuals at the time of booking/admission includes: •Name •Date of birth •Address •Gender •Race •Arresting Agency •US citizen or non-US citizen •Charge Medical records on residents are kept by Contra Costa Health Services Department (HSD), which provides direct medical and psychiatric services to patients. Consistent with HIPAA regulations, HSD does not share incarcerated people’s protected health information with the Contra Costa County Office of the Sheriff. HSD can provide anonymized, aggregate data (such as is included in this JNA) to the Contra Costa County Office of the Sheriff; however, the JMS data system is inadequate to the task of providing ready reports, insights, or analysis. Observations The County’s JMS is both outdated and of limited capacity and utility. Built on an obsolete technological platform, it serves primarily as a mechanism to establish and manage’ security classifications (such as high security, medium, administrative segregation, protective custody). It is not capable of aggregating information from multiple sources, nor does it provide the ability to track an individual’s needs for or participation in programs and services. Therefore, the JMS is unable to provide reliable or comprehensive information, efficiently produce reports, or correlate data to support analysis. For example, nearly all of the data gathered for this JNA required manual aggregation and analysis, an extremely time consuming process. In its current state, the JMS provides very little capacity to meet the needs of the to the Contra Costa County Office of the Sheriff and the complex systems that intersect in the County’s detention system. Recommendations Data-informed decision-making is a hallmark of efficient complex systems, including detention systems. It is therefore recommended that the Office of the Sheriff install a robust, integrated, and HIPAA- compliant JMS that would provide real-time data collection, output, and analysis. This would allow the County and the Office of the Sheriff to compile integrated and comprehensive information benefiting all relevant agencies, detention staff, and incarcerated people in multiple realms. This approach would streamline housing and classification policies and protocols, mitigate operational barriers that affect access to appropriate behavioral and medical care, provide readier identification of eligibility for programs (CAF, pretrial services, etc.) that can reduce incarceration rates, and facilitate efficient service integration, delivery, and evaluation. I The Adequacy of Record Keeping February 7, 2017 Contra Costa County Board of Supervisors Minutes 527 08.28.2015 66 February 7, 2017 Contra Costa County Board of Supervisors Minutes 528 08.28.2015 Board of State and Community Corrections (BSCC) Biennial Inspection The Board of State and Community Corrections (BSCC) conducted the 2012-2014 biennial inspection of the three Contra Costa County detention facilities on May 19-22, 2014. The BSCC inspected the facilities for compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. The inspection consisted of a review of applicable written policies and procedures governing the operation of the facilities, a site visit to each jail, and review of documentation to verify practices following written procedures. The inspection noted two issues of non-compliance, both of which relate to the MDF booking area: •Intake holding cells frequently at or exceeding their rated capacities (non-compliance of Title 24, Section 2.2, Holding Cells) •The use of sobering cells as holding cells (non-compliance of Title 15, Section 1056, Sobering Cells) In general, the inspection report suggested that the number of holding cells (8) at the MDF booking area is insufficient during times of high activity, resulting in overcrowding in the holding cells, in violation of Title 24, Section 2.2, Holding Cells. It further found that, in response to the holding cells, staff sometimes used sobering cells as general holding cells, in violation with Title 24, Section 1056, Use of the Sobering Cell. The Office of the Sheriff addressed these issues through a policy change directing staff not to use sobering cells except for their intended purpose. Moreover, on occasions when the booking area becomes too crowded, the Office of the Sheriff increases the number of transportation runs to move people from MDF to WCDF. MDF The report notes that MDF was originally designed in 1978 under the 1976 Title 24 Regulations, and portions of the jail have since been remodeled, double bunked, or rated under less restrictive 1988 and 1994 standards. Current rated capacity is 695. WCDF WCDF was constructed in 1991 under the 1988 Title 24 Regulations. Most cells have been double-bunked under the less restrictive 2001 Regulations and the total rated capacity is now 1,096. No issues of non-compliance were found. MCDF MCDF was originally constructed in 1937. It currently has a rated capacity of 188. No issues of non-compliance were found. J A History of the Systems Compliance with Standards February 7, 2017 Contra Costa County Board of Supervisors Minutes 529 08.28.2015 68 Contra Costa County California | Section J | A History of the Systems Compliance with Standards Contra Costa County Grand Jury Inspection Report - 2014 Contra Costa County Grand Jury Inspection Report - 2014 The Contra Costa County Grand Jury is required by California Penal Code 919(b) to conduct inspections of the detention facilities in Contra Costa County. The latest Grand Jury report was issued on May 29, 2014. The Grand Jury noted that the MDF design does not include classrooms and counseling areas, as a result of which its residents have little access to rehabilitative programs. The report notes that without access to an array of rehabilitative programs, such as is available at the other facilities, persons “may be less likely to re-enter society successfully.” Moreover, the report reported that “The West County and Marsh Creek facilities have adequate resources to support the rehabilitative model but the Martinez facility does not.” Local Inspections In addition to the biennial inspection by the BSCC, annual inspections are required by the County Health Officer and the Fire Marshal, pursuant to Health and Safety Code sections 101045 and 13146.1 respectively. Fire Inspection The local fire marshals with jurisdiction inspected the detention facilities on the dates listed below, issuing fire clearances for each. •MDF: 3/6/2014 •WCDF: 6/19/2013 •MCDF: 6/12/2013 Health Inspections The Contra Costa County Health Department conducts regular health inspections, reviewing the medical, nutritional, and environmental health policies and procedures and inspecting practices. All concerns noted in the inspections were thereafter corrected. The following table notes the dates of inspection or the date of the completion of corrections. MEDICAL/MENTAL HEALTH ENVIRONMENTAL HEALTH NUTRITIONAL HEALTH MDF 2/18/2014 4/22/2014 4/22/2014 WCDF 2/18/2014 4/10/2012 4/22/2014 MCDF 11/18/2013 4/11/2014 4/22/2014 Table 26: Dates of inspection or the date of the completion of corrections February 7, 2017 Contra Costa County Board of Supervisors Minutes 530 08.28.2015 K Any Unresolved Issues There are no unresolved issues related to the Jail Needs Assessment at this time. February 7, 2017 Contra Costa County Board of Supervisors Minutes 531 08.28.2015 70 February 7, 2017 Contra Costa County Board of Supervisors Minutes 532 Proposed Facility Functional AnalysisProposed Facility Functional Analysis February 7, 2017 Contra Costa County Board of Supervisors Minutes 533 February 7, 2017 Contra Costa County Board of Supervisors Minutes 534 L Proposed Facility Functional Analysis Contents 1. Facility Functional Overview 73 1.1 General Project Description 73 1.2 Summary of Housing Unit Configurations 73 1.3 General Facility Planning Concepts and Goals 73 1.4 Associated Facilities Impacts 73 2. Facility Operational Description and Recommendations 74 2.1 Facility Access/Egress 74 2.2 Security Zoning and User Group Access 74 2.3 Introduction and Organizational Structure 74 3. Functional Program - Component Detail 75 3.1 Custodial Housing Units: Standard Housing Unit 75 3.2 Custodial Housing Units: Behavioral Health Pod 77 3.3 Custodial Housing Units: Special Services Unit 77 3.4 Custodial Housing Units: Intensive Services Unit 78 3.5 Housing Units Support Components 79 3.6 Recreation 81 4. Reentry Services Complex 82 4.1 Reentry Service Complex: General Program Facilities 82 4.2 Reentry Service Complex: Workforce Readiness Center 83 4.3 Child/Parent Visitation Center 83 4.4 Reentry Service Complex: Programs Staff Support 84 5. Facility Services 85 5.1 Visiting 85 5.2 Medical/Psychiatric Outpatient Clinic 87 5.3 Commissary 88 5.4 Food Service 89 5.5 Laundry 89 5.6 Library 90 5.7 Facilities Support 91 5.8 Facilities Maintenance and Custodial 92 5.9 Administration 93 6. Facilities Space Allocation 94 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 535 February 7, 2017 Contra Costa County Board of Supervisors Minutes 536 73 Contra Costa County California | Section L | Proposed Facility Functional Analysis 1. Facility Functional Overview 1. Facility Functional Overview 1.1 General Project Description This project proposes the development of a new 416-bed Adult West County Reentry, Treatment, and Housing Facility (WRTH) to be built on a vacant pad on the southern portion of the County-owned West County Detention Center (WCDF) at 5555 Giant Hwy, Richmond, Contra Costa County, CA 94806. WRTH entails construction of a largely self-contained complex, as follows: •Six, 64-bed high security Standard Housing Units; two adjacent Housing Units are considered a Housing Pod, sharing some functional elements •One, 96-bed Behavioral Health Housing (32-bed Intensive Services Unit and a 64- bed Special Services Unit) •A Reentry Services Complex providing space for workforce readiness, therapeutic, rehabilitation, academic, and child-parent visitation, along with program staff areas •A medical/psychiatric outpatient clinic •Non-contact in-person visiting and video-visiting areas •A satellite central control facility 1.2 Summary of Housing Unit Configurations Each of WRTH’s five Standard Housing Units will contain 32 double-bunked cells distributed evenly among a main level and mezzanine. In addition to five Standard Housing Units, WRTH will also contain a new Behavioral Health Housing Pod containing two housing units for people requiring intensified support: a 32-bed Intensive Services Unit (ISU) and a 64-bed Special Services Unit (SSU). Both the ISU and the SSU will operate on a direct supervision basis, reinforced by an indirect supervision control station serving the entire Behavioral Health Housing Pod. Reference Component 1.0 in the Detailed Functional Programming section provided with this document. 1.3 General Facility Planning Concepts and Goals Create a safe and secure environment to enhance reentry success and reduce recidivism •Provide safe and efficient high-security housing consistent with Title 15 and Title 24 •Provide housing with the necessary components, design, configuration, and fittings to provide maximum flexibility in housing incarcerated people of various needs and security classifications •Provide high-security housing units that contain programming spaces to increase both operational efficiencies and access to in-unit programs and services •Effectively and safely operate using either direct or indirect supervision •Provide a safe and secure Reentry Success Complex to foster access and efficacy for a wide array of educational, legal, psychiatric, workforce readiness, rehabilitation, and reentry services Foster positive relationships •Encourage staff to interact and engage with people incarcerated in the facility •Strengthen relationships between incarcerated parents and their children through supported and facilitated contact-visitation Maximize operating efficiencies •Reduce operational costs by providing direct lines of sight wherever possible •Incorporate sustainable design and materials to decrease utility operational costs •Leverage and draw support services from existing functions and facilities at WCDF •Establish both facilities design and operational processes to ensure that all programs and services, including child/parent contact visitation, are accessible to all people housed in WCDF/WRTH. 1.4 Associated Facilities Impacts WRTH will leverage a wide variety of support facilities already in place at WCDF, minimizing operational and staffing cost. Most of the existing custodial housing support facilities, service generation points, and general operations will continue to function on an as-is basis, with some expansion of existing capacity to serve WRTH: •Booking, classification, transfer, and release (including storage or personal property storage) will continue to be located and operated only at the County’s Martinez Detention Facility (MDF). A new, small, holding area at WRTH will be used to stage people being transferred between MDF and WCDF. •The existing WCDF kitchen will prepare all meals for WRTH; places to stage food carts will be the only addition related to food service. •The existing WCDF laundry will process all clothing and linens for the proposed WRTH; places to stage laundry carts will be the only addition related to laundry service. •The existing WCDF Warehouse and Building Maintenance will serve WRTH; the creation of small general storage closets and custodial closets are the only related additions planned for WRTH. •The existing WCDF Central Control will support a new Security Control Center within WRTH; each will function as a backup to the other. 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 537 74 Contra Costa County California | Section L | Proposed Facility Functional Analysis 2. Facility Operational Description and Recommendations •The existing WCDF library will service the new WRTH. No library facilities are planned for WRTH. •The existing WCDF Administration Area will serve WRTH. No facilities are planned for Administration at WRTH. •The existing WCDF staff support areas (lockers, conference, training, gym) will serve WRTH. No Sheriff’s staff support facilities are planned for WRTH. 2. Facility Operational Description and Recommendations 2.1 Facility Access/Egress WRTH will be accessed from within the security perimeter of the WCDF campus. The number of WRTH’s access/egress points will be held to a minimum to facilitate secure operations, while of sufficient quantity and size to assure the safe and efficient movement of vehicles, persons, and supplies. Staff and public will enter the WCDF campus using existing access/egress points. The building access/egress points will be limited to serve the following specific purposes and user-groups: •Public/Visiting Lobby: Building 1, located on the main WCDF campus, will serve as the public and professional visit and program provider reception and processing point. This lobby will function as the sole public access/egress point into the facility. Video-visitation carrels will also be provided at this location. •Staff Entrance: There will be only one authorized-staff access/egress point, and that which exist in Building 1 on the main WCDF campus will continue to serve that purpose, as it provides convenient access to existing staff support facilities, including lockers, training, and administrative office and support space. •In-Custody Transfer: All incarcerated people being transferred to and from WRTH will be transported via official sedans, vans, and full size buses. All vehicles will pass through the campus main vehicle sally port and then onto a dedicated vehicle sally port that will be located adjacent to WRTH. Transferring incarcerated people will then pass through a dedicated secure pedestrian sally port into WRTH and be either escorted directly to their assigned housing unit or placed in individual and group temporary holding cells, which have been provided in sufficient number to provide staff with ability to adequately segregate incarcerated people. •Deliveries: Deliveries to the WCDF campus will remain unchanged. Supplies and other items that will be moving in and out of WRTH will be handled by authorized staff and moved through either the secure pedestrian sally port utilized by authorized staff and incarcerated people, or by a dedicated roll-up door that provides access/ egress from a secure supplies/materials staging area. 2.2 Security Zoning and User Group Access For the purposes of this document, the facility user-groups are categorized as follows: Visitors •Public (contact and non-contact) •Professional (non-contact; attorneys to use pass-throughs for documents) Staff •Sheriff’s Staff •General County Staff •Contract Staff •Program Providers (Education, CBO Program Providers, Volunteers) Incarcerated People •Administrative Segregation •Gang Members/ Gang Drop Outs •High Security - General Population •Behavioral Health •Protective Custody 2.3 Introduction and Organizational Structure This section provides detailed programmatic information for each primary functional component that will be located and operated within WRTH, organized on a component- by-component basis. This information is intended to be used in concert with, and to supplement, the space program and adjacencies/facility layout concepts that accompany this document. Lastly, this narrative is not intended to provide design and or engineering specifications, or restate design and operational requirements outlined in state and local building codes, including Titles 15 and 24. Each component will be addressed in the following standardized format: Primary Function: Describes the component’s primary mission and purpose. 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 538 75 Contra Costa County California | Section L | Proposed Facility Functional Analysis 3. Functional Program - Component Detail Planned Activities, Programs, Processes, and Operations: Describes what activities and programming will occur within the component; and/or what processes will be used to deliver a service, or provide a function; and/or how the component will be operated. General Facilities Description Describes the component’s facilities characteristics, in terms of: spatial requirements, configuration, number of levels, general arrangement of spaces, and other factors. It is recognized, however, that a number of practical design constraints may affect the ideal spatial arrangement documented here and in the incorporated diagrams. Special Design Concerns Addresses specific design issues or concerns that have surfaced during interviews and workshops held as a part of this programming effort, along with additional recommendations developed by this programming/design team. The narrative supplied below is also supplemented on a line item-by-line item basis in the “comments” column of the building space program. Locational Criteria Describes the component’s general location within the facility and its proximity to other components within the facility. Hours of Operation The purpose of documenting the hours of operation is to aid the programming and design team in quantifying the number of people that will be onsite at any given time. Accomplishing this task will in turn, provide information that will be utilized to size specific component area and understand the flow of persons throughout the facility at various periods during the day. Typical Users The user groups occupying or using given component/functional area will be identified in the following categories: Public Visitors, Professional Visitors, Program Providers, Sheriff’s Staff, Other County Staff, and Contract Staff. Quantifying this information will aid the programming/design team in defining component security zones and the configuration of primary circulation corridors within the facility. Service Demand Service demand is quantified (where data/estimates were readily available from the county) in terms of number of persons served, number clients, volume of meals served, etc. This quantification will be documented wherever the County provided specific data. If specific data was unavailable, then the programming-design team relied on best estimates by staff and the programming-design teams’ experience in developing other like facilities. These data and calculations have aided the programming-design team in sizing a given area and in some cases the degree of circulation space required. Operational Capacity Quantifies the number of occupants, users, vehicles, volume of materials, etc., within a given area. The programming/design team will also utilize this data to size and configure a given area. 3. Functional Program - Component Detail 3.1 Custodial Housing Units: Standard Housing Unit Primary Function: This component will provide facilities for the day-to-day housing of incarcerated people. The population will include only high-security sentenced and un- sentenced men, classified into Administrative Segregation, Gang Members, Gang Drop- Outs, High Security General Population, and Protective Custody. People housed in these facilities may be serving sentences of unspecified duration. Planned Activities, Programs, Processes, and Operations: The primary activities to occur in the housing units include: sleeping, personal hygiene, dining, academic education, counseling programs (on an individual, small group, and large group basis), indoor recreation/leisure activities (TV, board games, reading), outdoor recreation, non- contact visiting, video visiting, and authorized telephone calls to the outside. Mail will be delivered directly to the units, but must be opened in the presence of staff to prevent contraband from being introduced into the living unit. No visiting will occur in the living units. Residents of WRTH will sleep in and attend to their immediate personal hygiene in mostly double-occupancy “wet” cells (equipped with combination unit comprised of a toilet and lavatory), but will utilize common showers fitted with privacy screens observable from the officer control station. All dining will occur in the dayroom. 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 539 76 Contra Costa County California | Section L | Proposed Facility Functional Analysis 3. Functional Program - Component Detail General Facilities Description All Standard Housing Units will be configured in an industry-common modern podular floor layout. Each housing pod will have 32 wet cells, sized to accommodate double bunking, one of which will be ADA accessible. Therefore, each housing unit will have a capacity of 64 beds, arrayed on a main floor and a mezzanine. The main floor will contain approximately half of the unit’s cells, the dayroom (which will include video-visitation carrels), a variety of classrooms and program rooms, security sally port; contact and non-contact visiting booths (secure side only with the pod), an adjacent outdoor recreation area, and other lesser areas as identified in the building space program. The mezzanine will contain the remaining cells and be open to the dayroom below to provide ample design opportunities to provide natural light into the housing unit. Special Design Concerns Podular Design Configurations for Direct and Indirect Supervision Operations: The housing units will have a podular configuration and be configured to support direct- supervision operations. The design of the housing pods will: 1) provide for operational flexibility in program delivery methods; 2) yield efficient staff to housed resident ratios achieved through superior architectural solutions; 3) facilitate ease in segregating people; and 5) unimpaired lines of sight between the officer’s control station and ideally all program areas, including sleeping rooms, personal hygiene areas (fitted with privacy screens), dayrooms, bonus rooms, interview rooms, and outdoor recreation areas. Use of a prototypical design for the standard living units will be applied to promote consistent rules, operational procedures, and training for staff among each unit. The design will also focus on configuring units to minimize the need for expensive technologies by facilitating direct human supervision of the unit and staff’s involvement with people housed within it. This approach includes devoting particular attention to the size and arrangement of specific areas, sight lines to and from them, and distances that staff must traverse to attend to activities and incidents that may occur within the unit. Operational Flexibility To provide for the highest degree of operational flexibility, all standard housing units will be designed to allow a broad spectrum of programs to be delivered within the units – either for the entire unit, or for specific individuals whose access to centralized program facilities may be restricted for a variety of reasons. Implementing this basic concept will allow staff to easily change the programming for a given person at any time. Being able to alter program access by allowing for varied degrees of movement within the overall facilities and providing for graduated levels of access to amenities and programs is an integral part of behavior modification practices. Therefore, a “Bonus Room” has been included in each standard housing unit, which simulate more of a living room environment with softer furnishings, a dedicated TV, and more sound attenuation between it and the unit’s dayroom. Control of Noise and Activities: All living units must be able to effectively provide for multiple and different activities to occur at the same time that require, or result in different noise levels, such self-study and reading, indoor board games, arts and crafts, and outdoor recreation. Therefore, areas supporting these activities will be carefully planned. Durability and Maintenance: The housing pods will be designed with durability and ease of maintenance. Access to plumbing will be through chases easily accessible to maintenance personnel. Each housing unit will have a janitor closet (with mop sink) to allow ready access to cleaning materials to maintain cells and common pod areas; the floors will be of sealed concrete with drains, and lighting fixtures and glazing will be industry-typical tamper-proof. Locational Criteria The Standard Housing Units will ideally be placed deep into the facility and be co- located to provide design opportunities to share recreation yards (which will require careful scheduling, in order to maintain separation of different non-compatible in mate classification types). As many housing units as possible will be clustered around Central Control, so that the movement of incarcerated people and staff within and among units can be observed via direct line of sight (to the degree possible), supplemented by facility- wide CCTV/intercom, and door control systems. Hours of Operation •24/7/365 Primary Users •Incarcerated People •Authorized Sheriff’s Staff 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 540 77 Contra Costa County California | Section L | Proposed Facility Functional Analysis 3. Functional Program - Component Detail Secondary Users •Public Visitors (Non-Contact) •Authorized Program Provider Staff •Professional Visitors (Non-Contact, attorneys provided w/pass-through) •County Maintenance Staff Service Demand: overall population levels within the County’s detention system will dictate Service demand for this component. Operational Capacity •Incarcerated People 64 •Deputies 2 •Behavioral Health/Program Provider Staff 4 •Public Visitors (non-contact) 12 (two per visiting booth) •Professional Visitors 2 (two per visiting booth) •Total Maximum Operational Capacity 84 3.2 Custodial Housing Units: Behavioral Health Pod The new Behavioral Health Housing Pod will constitute two housing units: one, 32-bed Intensive Services Unit (ISU), and one 64-bed Special Services Unit (SSU). Both will operate on direct supervision yet be observable from a common indirect supervision control station serving the entire pod. All cells on the lower level of each unit will be fitted with maximum glazing to facilitate observation and monitoring by correctional officers. Incarcerated People with an elevated risk of suicide typically will be housed only in cells on the main level. 3.3 Custodial Housing Units: Special Services Unit Primary Function: This component will provide facilities for the day-to-day housing of people experiencing short-term decompensation, detox, or need for stabilization. To provide for increased access to programs and treatment, this unit will contain additional program and staff spaces. Planned Activities, Programs, Processes, and Operations: In terms of basic operations, this unit will function similar to the Standard Housing Units, but with some notable differences. Incarcerated men with elevated risk for suicide or self-harm will be housed on the main level in cells fitted with doors with expanded glazing, to permit increased observation by detention staff. Regardless, residents of the Special Service Unit will have access to significantly increased amounts of one on one and small group counseling and therapy. Psychiatric and correctional staff, primarily via direct supervision, will also closely monitor all residents of this unit. General Facilities Description This housing unit will be configured in an industry-common modern podular floor layout. Similar to the Standard Housing Units, the main level will contain 16 cells; a day room; multiple program and classroom spaces; common showers; housing control; security sally port; contact and non-contact and visiting booths; other lesser areas as identified in the building space program, and an adjacent outdoor recreation area. Special Design Concerns In addition to those identified for the Standard Housing Units, the Special Services Unit will: •Provide CCTV monitoring of each safety and observation cell •Include maximum glazing for safety and observation cells •Select finishes, furnishings, equipment, and other facility fit-out items that reduce potential for self-destructive/inflicted injury •Provide increased acoustical treatment to mitigate noise levels •Include the use of alternative finishes to reduce environmental stimulus and stressors while assuring durability Locational Criteria The behavioral housing units must be co-located in a single pod, be situated adjacent to the Standard Housing Units, yet be located as close as possible to the Medical/ Psychiatric Outpatient Clinic (Component 3.2). Hours of Operation •24/7/365 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 541 78 Contra Costa County California | Section L | Proposed Facility Functional Analysis 3. Functional Program - Component Detail Primary Users •Incarcerated People (Behavioral Health only) •Authorized Sheriff’s Staff •County Behavioral Health, Medical Staff Secondary Users •Public Visitors (Non-Contact) •Authorized Program Provider Staff •Professional Visitors (Non-Contact, Attorneys provided w/pass-through) •County Maintenance Staff Service Demand Service demand for this component will be dictated by overall population levels within the County’s detention system and the number of people with behavioral health needs. Operational Capacity Incarcerated People up to 32 (20 typical) Deputies 1 Behavioral Health Staff 2 Program Providers 4 Public Visitors (non-contact) 6 (two per visiting booth) Professional Visitors 2 (two per visiting booth) Total Maximum Operational Capacity 47 3.4 Custodial Housing Units: Intensive Services Unit Primary Function: This component will provide facilities for the day-to-day housing of people with serious and persistent mental illness who cannot function in general population. Located on the first floor to mitigate safety risks, and fitted with maximum glazing to facilitate observation and safety, all cells within the ISU will be rated for double-bunk capacity; however, given the high-needs population it is intended to serve, the ISU will contain a mix of single and double bunks, with an expected average daily population of 20 people. Planned Activities, Programs, Processes, and Operations: In terms of basic operations, this unit will function similar to that of the general population, but with notable differences. Psychiatric and correctional staff on, primarily on a direct supervision basis, but also on an indirect basis, will closely monitor all people housed in this unit. Given that essentially all programs and services for the vulnerable residents housed in ISU will be delivered within the unit, the ISU will contain sufficient space to support robust behavioral health treatment. General Facilities Description This housing unit will be configured in an industry-common modern podular floor layout. However, because this unit is intended for people requiring the highest levels of care, this 32-bed maximum rated capacity unit will include two safety cells (dry) and 16 wet cells that can be configured as single- or double-bunked cells, housing an average daily population of approximately 20 people. As with the Standard Housing Units, this unit will contain a dayroom, bonus room/area, multipurpose rooms, interview and exam rooms, common showers, housing control, security sally port, non-contact visiting booths (secure side only within the unit), other lesser areas as identified in the building space program, and an adjacent outdoor recreation area. However, in further contrast to the Standard Housing Units, this unit will also have a medical exam room and an additional psychiatric interview room. Because behavioral health staff anticipates that nearly all programming for these people will be delivered within the housing unit, it will also contain a staff office. Special Design Concerns In addition to those identified for the Standard Housing Units: •Provide CCTV monitoring of each safety and observation cell •Consider maximum glazing for safety and observation cells •Consider potential for self-destructive/inflicted injury by incarcerated people relative to finishes, furnishings, equipment, and other facility fit-out items •Consider increased acoustical treatment to mitigate noise levels •Consider the use of alternative finishes to provide a de-stressing environment while assuring durability 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 542 79 Contra Costa County California | Section L | Proposed Facility Functional Analysis 3. Functional Program - Component Detail Locational Criteria The behavioral housing units must be co-located in a single pod, be situated adjacent to the Standard Housing Units, yet be located as close as possible to the Medical/ Psychiatric Outpatient Clinic (Component 3.2). Hours of Operation •24/7/365 Primary Users •Incarcerated People (Behavioral Health only) •Authorized Sheriff’s Staff •County Behavioral Health, Medical Staff Secondary Users •Public Visitors (Non-Contact) •Authorized Program Provider Staff •Professional Visitors (Non-Contact; attorney, provided w/pass-through) •County Maintenance Staff Service Demand Service demand for this component will be dictated by overall population levels within the County’s detention system and the number of people with intensive behavioral health conditions. Operational Capacity Incarcerated People up to 32 (20 typical) Deputies 1 Behavioral Health Staff 2 Program Providers 4 Public Visitors (non-contact) 6 (two per visiting booth) Professional Visitors 2 (two per visiting booth) Total Maximum Operational Capacity 47 3.5 Housing Units Support Components Primary Function: To provide for public and professional non-contact visitation incarcerated people; holding facilities for incarcerated people being transferred into and out of WRTH; general secure storage for housing units; and temporary staging for food and laundry carts for all housing units, and secure sally ports. Planned Activities, Programs, Processes, and Operations Visiting: This component contains the authorized public/professional visiting, non- resident secure side of non-contact visitation carrels. This component will be located contiguous to the resident-secure side of the carrel. [Reference Component 3.1, Public Lobby and Visitation for detailed visitation logistics and operations] Transfer Holding Areas: This component contains two holding areas for the movement of incarcerated people. Two separate holding areas have been provided to enable staff to adequately segregate people (e.g. protective custody, gang members, etc.) while awaiting movement. Food Carts: Meals will be delivered to each housing unit in thermal carts, three times a day, and most likely by Sheriff staff, but potentially food service staff. The unit’s control officer will generally immediately accept these carts into the housing unit. However, if this cannot occur, the food carts can be staged in the alcoves programmed under this component. After dining, food trays will be placed back into the cart and the cart will be moved back to the staging area, to be picked up by staff and moved back to the Central Kitchen. Laundry Carts: Laundry carts containing soiled and washed clothing and linens that will be moved to between the Central Laundry to the Housing Units can be staged in the alcoves programmed under this component if staff are not immediately able to move them in and out of the housing units and/or to from WRTH to the Central Laundry. General Storage: Secure general storage closets have been programmed into this component and are anticipated to be used for emergency supplies and/or a variety of small items associated with the operations of the housing units. Trash/Recycling: Trash and recycling containers for each unit will be stored in this component’s dedicated alcoves. 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 543 80 Contra Costa County California | Section L | Proposed Facility Functional Analysis 3. Functional Program - Component Detail General Facilities Description and Special Design Concerns VISITING •Provide direct lines of site for visitation carrels and non-resident secure circulation corridors wherever feasible. •Provide CCTV and audio monitoring of public visitation carrels. •Provide pass-through window for professional visiting carrels (solely for the use of attorneys, and program provider staff. HOLDING AREAS •Provide CCTV monitoring; intercom; adequate glazing. •Provide combination toilet/wash basin unit. •Provide ample glazing. •Situate to provide direct line of sight for Sheriff’s staff from main circulation corridors wherever feasible. •Maintain visual and physical separation between the two holding areas. CART ALCOVES •Provide the ability to adequately separate incoming and outgoing food and laundry carts. •Assure that detention staff have adequate visibility to the alcoves and that they do not create blind spots. GENERAL STORAGE CLOSETS •Provide industry standard manually operated lockset, or electronic-secure access. Locational Criteria •Visiting: Public and professional non-contact booths must be located directly adjacent to each housing unit they serve. Locate to minimize visitor travel distance within the overall facility, and so that primary circulation corridors are within direct lines of sight for detention staff. •Holding Areas: These two holding areas will be located directly adjacent to one another and near the secure service entrance(s) to WRTH. •Cart Alcoves: Locate in main staff-secure circulation corridors. Maintain separate between incoming and outgoing carts. •General Storage Closets: Locate near each housing unit’s sally port as feasible. Hours of Operation •Visiting: Reference Component •Holding Areas: 24/7/365 •Cart Alcoves: 24/7/365 •General Storage Closets: 24/7/365 User Groups •Visitation: ° Public (Non-Contact Visiting Circulation Corridors and Visiting Carrels only) ° Professional-Attorneys and Authorized Program Provider Staff (Non-contact Professional Visitation Booths with Pass-through °Authorized Sheriff’s Staff Holding Areas •Incarcerated People •Authorized Sheriff’s Staff Cart Alcoves •Authorized Sheriff’s Staff only General Storage Closets •Authorized Sheriff’s Staff only Service Demand •Visitation: Reference Component 3.1 for anticipated visitor volume determination •Holding Areas: Dictated by volume of people being transferred and overall average daily population of high security/behavioral health residents •Cart Alcoves: Dictated by food service and laundry exchange scheduling - Reference Components 3.4 and 3.5, respectively •General Storage Closets: As needed basis 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 544 81 Contra Costa County California | Section L | Proposed Facility Functional Analysis 3. Functional Program - Component Detail Operational Capacity VISITATION (PER 64-BED HOUSING UNIT): Public Visitors (non-contact) 12 (two/visiting booth; 6 booth/unit) Professional Visitors 2 (two/visiting booth; 1 booth/unit) Subtotal - Maximum Operational Capacity per Unit 24 Number of Units: 6 Maximum Number of Visitors General Housing Units 144 VISITATION (PER 32-BED HOUSING UNIT): Public Visitors (non-contact) 12 (two/visiting booth; 3 booth/unit) Professional Visitors 2 (two/visiting booth; 1 booth/unit) Total Maximum Operational Capacity 14 Total maximum number of visitors at any time - all Housing Units: 158 HOLDING AREAS Incarcerated People 20 (calculated at 5% of facility capacity) CART ALCOVES Food Service 2 (two per unit, incoming/outgoing Laundry Service 2 (two per unit, incoming/outgoing Library Cart 1 GENERAL STORAGE CLOSETS 7 (one per housing unit) 3.6 Recreation Primary Function: To provide a recreational and entertainment program that allows access to exercise, recreational and entertainment opportunities including games, sporting equipment and television to maintain physical, social, and emotional wellbeing. Planned Activities, Programs, Processes, and Operations: Jail standards require a minimum of three hours of such activity distributed over a period of seven days. General Facilities Description and Special Design Concerns •Indoor Recreation: Indoor recreation will take place in the day rooms and bonus rooms of the housing units, and include TV watching, movie watching, board games, video games, etc. •Outdoor Recreation: Each housing unit has been programmed to have its own dedicated yard. Each yard will be located contiguous to the unit serves, be entirely located within the unit’s secure perimeter, have direct access from the unit, and be within the direct line of sight of each housing unit’s officer’s control station. In all cases, the design of the outdoor recreation yards will provide flexibility for a variety of vigorous and more passive physical activities on a year-round basis, while promoting the safety and security of incarcerated people and staff. •Consider artificial surface •Consider lighting •Provide restroom in yard (Title 24 requirement) •Provide storage for recreational equipment Locational Criteria The recreation yards, must be an integrated part of the housing unit, located contiguous to the housing unit it serves, be entirely within the housing unit’s secure perimeter, and ideally be in the direct line of sight of the housing control station. Hours of Operation Minimum exercise time allotments will be a minimum of three hours per week. Usage hours of the yards will vary and will be dependent upon the overall programming and daily schedules developed for each housing unit. 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 545 82 Contra Costa County California | Section L | Proposed Facility Functional Analysis 4. Reentry Services Complex Typical Users •Incarcerated People •Authorized Sheriff’s Staff Service Demand Service demand will be dictated by the daily census of the facility, and specific programming developed by staff for each unit, while meeting the daily minimum exercise requirements as noted above. Operational Capacity Recreational Yards have been sized to permit a typical usage level of 20 people at any given time. 4. Reentry Services Complex 4.1 Reentry Service Complex: General Program Facilities Primary Function: In concert with Components 2.2 and 2.3 (below), provide facilities enabling programs staff to offer an integrated Rehabilitation and Reentry Program (R&R Program) providing a comprehensive and integrated array of validated, evidence- based, trauma informed, gender-responsive, cognitive behavioral therapies (CBT), family success services, workforce readiness courses, academic education, and transition-planning services. Planned Activities, Programs, Processes, and Operations: A variety of life-skills and academic-based programs will be offered in classrooms and small group settings. All activities of the R&R Program will be voluntary, and the daily schedule and curricula for the R&R Program will be designed to complement the Adult Education classes, which will be available to all who elect to participate in academic education. Academic classes will operate M-F 8:30-2:30 and will be conducted in the housing units; each housing unit contains classrooms and meeting spaces to serve this purpose. These classrooms will be available for additional services and meetings on-unit in the late afternoon, evenings, and weekends. Courses will be made available to all approved adult men and women housed at WCDF, with supplemental services offered to people remaining at MDF or MCDF. General Facilities Description This component will contain eight 18-person program rooms, eight 6-person small group rooms, and one large 40-person multi-purpose room, along with a security control workstation and several file and general supplies secure storage closet. Special Design Concerns All program rooms and multi-purpose space should have: •Ample day lighting •Online video-training capability •Provisions for multi-media equipment and projection •Tackable surfaces and white boards •Acoustical treatment to minimize extraneous noise •Movable furnishings •Lockable main doors and all closet doors •Glazing to maximize direct lines of sight from officer’s control stations •Public address system •Panic buttons at instructors’ lecterns/workstations Locational Criteria All areas of this component will be grouped together and be located directly adjacent to the Workforce Readiness Center and Child/Parent Visitation Center. Hours of Operation This facility is anticipated to operate 0800-2100 hours Monday to Friday. Typical Users •Incarcerated People •Authorized Sheriff’s Staff •Authorized Program Provider Staff 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 546 83 Contra Costa County California | Section L | Proposed Facility Functional Analysis 4. Reentry Services Complex Operational Capacity Incarcerated People up to 232 Deputies 4 Program Providers 34 Total Maximum Operational Capacity 270 4.2 Reentry Service Complex: Workforce Readiness Center Primary Function: To provide facilities to support people incarcerated at WCDF in preparing for successful reentry via Reentry Workforce Readiness courses. Planned Activities, Programs, Processes, and Operations: Planned activities anticipated to occur within the facility are general classroom instruction/lecture; use for computer workstations (evolving to tablet computers) and self-study courses. General Facilities Description The RWRC facilities will be comprised of one 75-person capacity multipurpose space; two 25-person capacity multipurpose spaces; participant toilet; and one officer control station. Special Design Concerns All multi-purpose space should have: •Have ample day lighting •Online video-training capability •Provisions for multi-media equipment and projection •Tackable surfaces and white boards •Acoustical treatment to minimize extraneous noise •Movable furnishings •Lockable main doors and all closet doors •Glazing to maximize direct lines of sight from officer control stations •Public address system •Panic buttons at instructors’ lectern/workstation Locational Criteria The RWRC will be co-located with all other reentry programs within Component 2.0. Component 2.0 will be located as close to existing WCDF Building 1 to minimize walking distance for non-detention staff to access the facility. Hours of Operation •This facility is anticipated to typically operate from 0800-2100 hours Monday through Friday. TYPICAL USERS •Incarcerated People •Authorized Sheriff’s Staff •Authorized Program Provider Staff Operational Capacity •Incarcerated People up to 125 •Deputies 1 •Program Providers 6 •Total Maximum Operational Capacity 127 4.3 Child/Parent Visitation Center Primary Function: To provide child-friendly space for facilitated contact- visitation opportunities for children and their incarcerated parents in a safe and secure environment. Planned Activities, Programs, Processes, and Operations: The Child/Parent Visitation Center will be operated in concert with the WCDF Family Matters program, in which social service staff will work with incarcerated parents to build stronger parenting skills; develop effective communication skills in dealing both with their child and the child’s active caregiver; set interpersonal goals for visits; tie their in-custody goals and behaviors to their hopes and motivations as parents; and build reentry plans that increase their capacities as parents. 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 547 84 Contra Costa County California | Section L | Proposed Facility Functional Analysis 4. Reentry Services Complex General Facilities Description These facilities will comprise a group visiting room, and seven 4-person family alcoves, which will allow for quieter interactions between parents and children while still allowing clear sight lines consistent with the safe and secure operations of the facility. This area will also include an officer’s control station, programs supply room, a baby changing restroom, and a secure patio to permit outdoor activities for program participants. Special Design Concerns •The paramount design criteria will be to provide a stress-free environment to the children that will be frequenting this facility •Provide as normalized living room environment as possible for each of family alcoves, while maintaining durability of finishes and furnishings •Provide direct lines of sight from the officer’s control station to all areas of this component •Provide ample glazing between this component’s interior spaces and the patio •Provide ample day lighting •Provide necessary acoustical to minimize noise through this component and additional attenuation between each alcove Locational Criteria This facility will be located as close as possible to existing WCDF Building 1 to minimize the challenges of escorting children into and out of the facility, while also close to the reentry programs staff area, Component 2.4, for the convenience of staff. Hours of Operation Visiting will occur on a scheduled basis, with primary usage on weekends and some weekday nights. As this will be a new program, exact visiting hours and scheduling will be developed consistent with need, eligibility, safety, and efficiency. Typical Users •Incarcerated People (parents only, with their children) •Authorized Sheriff Staff •Authorized Program Provider Staff Operational Capacity Incarcerated People up to 14 Deputies 1 Escorted Children 18 Program Providers 10 Total Maximum Operational Capacity 43 4.4 Reentry Service Complex: Programs Staff Support Primary Function: To provide secure workstations and office support functions for Reentry Programs and Contra Costa County Adult Detention Education professional staff. This component will serve as the central administrative center for the overall Reentry Program. Planned Activities, Programs, Processes, and Operations: Planned activities and processes will include but not be limited to conducting general administrative office- related activities, curricula planning, grading exams, generating student evaluations, and generating completion certificates. General Facilities Description and Special Design Concerns This area will be configured into three primary areas: an office suite for reentry program staff, a hoteling suite for onsite/offsite social service staff, and a common support area used by both functions that will include three conference rooms, a break room, staff restrooms, and a computer server room. Special Design Concerns •Provide building-typical office environment •Provide day lighting where possible •Assure sufficient sound attenuation from primary circulation corridors •Provide sufficient climate control for server room •Provide locksets and private offices Locational Criteria All areas within this component will be co-located, and the entire component will be located a close as possible to the Reentry Programs multipurpose areas, to minimize movement and travel time of program provider staff. 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 548 85 Contra Costa County California | Section L | Proposed Facility Functional Analysis 5. Facility Services Hours of Operation Typically, this area will operate during the normal workweek: Monday through Friday, from 8:00 AM to 5:00 PM, although some off-hours may occur. Operational Capacity Professional Staff up to 27 5. Facility Services 5.1 Visiting Primary Function: To provide opportunities for visits with authorized social and “official” visitors (described below) to by providing contact, non-contact, and video-visitation facilities. Providing these alternative methods of visitation will enable detention staff and program providers to conduct visits in physical environments consistent with each incarcerated person’s programming, while assuring the safety of all visitors, detention staff, and incarcerated people as well as the overall security of WRTH. Facilities will also be developed to permit contact visiting that will be integral to the Child/Family Visitation Center. Planned Activities, Programs, Processes, and Operations Visitation and Visitor Type Explanation: Visitors can generally be classified as Social or Official visitors. Social visitors include authorized public persons, not acting in an official capacity, but who must be on an approved clearance list. Incarcerated people may select up to six people to be included on their approved visitor lists. Social visiting will be conducted solely on a scheduled basis. Official visitors include active law enforcement officers performing an investigation, active probation and parole agents performing their duties, California licensed medical doctors, psychiatrists, psychologists, and California attorneys working in their official capacity. Official visits can be requested at any time. Incarcerated people will be allowed as many Clergy visits as requested and as possible. Resident Visitation Privileges: All authorized incarcerated people are entitled to social and official visiting privileges; however, people in Disciplinary Isolation or on Disciplinary Loss of Privileges will not be granted social visiting privileges, but will be permitted to have Official visits. The social visitation period is limited to 30 minutes. Only the Facility Commander grants time extensions. Visitor Processing: All social and clergy-related visitors must be on the facility clearance list. Visitors driving to the facility will park in the WCDF parking and proceed to Building 1 on the main WCDF campus. No personal lockers exist now or will be provided in the future for seeking to conduct in-person visits. Visitors will complete a “visitor form,” provide it along with ID to detention staff, who will consult the facility clearance list, after which the visitor will sign in. Visitors will then pass through security screening that will include a magnetometer, x-ray machine, and a pat down area. Once having successfully cleared security screening, visitors will enter an open lobby area with seating while awaiting their scheduled interviews. Official visitors will be granted priority screening and processing over social visitors by displaying their official ID to detention staff. Note: Visitor processes for children participating in the Child/Parent Visitation Center will be developed as partnership between Sheriff staff and Family Matters staff. Onsite Video-Visitation: Video-visitation will occur in a dedicated area located in the main public lobby. Visitors authorized seeking to video-visit with incarcerated people will be granted access to this area per the visitation schedule and will be assigned a video carrel w/monitor and audio, with each unit having a two-person capacity. Upon completion of the visit, visitors will exit back into the lobby, proceed to the registration desk, sign out, and exit the secure area via a security door controlled by detention staff. Social Non-Contact Visitation: For social visits (excluding Child/Family Visitation), visiting interface will occur almost entirely at the housing units. Incarcerated people will not be escorted from their housing units to facility common centralized visiting facilities. Per the visitation schedule, visitors will be grouped together and be escorted/proceed through a secure sally port and use a dedicated circulation corridor access a given housing unit and be assigned a visitation carrel for the 30-minute visitation period. Upon completion, they will then proceed back through the dedicated corridor to the secure sally port, and then on through the visitation lobby for sign out and secure exit. Official Contact Visitation: The process for official visiting is essentially the same as that for social visits, except that they can occur on an unscheduled basis and that official visitors will use a dedicated official visitation booth at the housing unit, which has a pass- through for the transfer of documents. General Facilities Description PUBLIC LOBBY This area comprises a) an open lobby, waiting, and security clearance area, that includes public restrooms; b) a visitor security processing area comprised of a registration counter/service window, queuing area, magnetometer and X-ray machine. 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 549 86 Contra Costa County California | Section L | Proposed Facility Functional Analysis 5. Facility Services VIDEO-VISITATION AREA This area comprises 20 video visitation carrels with a capacity of two each. Each carrel will be fitted out with a tamper-proof video monitor, camera, microphone, and speakers. Detention staff from the visiting officers control station will conduct access and control of the units remotely. HOUSING UNIT VISITING BOOTHS Each 64-bed housing unit will have six non-contact visiting booths for social visits, and one visiting booth with pass-through glazing for official visits. Special Design Concerns Overall, the design of the all facilities associated with visitation will focus on operational and staffing efficiency related to the visiting process to assist the Sheriff in meeting the goal of accommodating as many visits and visitors as facility schedules, space, and detention-staffing levels will permit. PUBLIC LOBBY The current lobby will serve WRTH, with the following characteristics: •The building entry area will be well lit and under CCTV surveillance. •The lobby “front” door will be capable of being electronically operated by Central Control, have an intercom, and be alarmed. However, it will be manually operated by all persons during typical visiting and business hours. •The visitor registration and security screening stations will provide staff with clear and unobstructed view of the entire public lobby, including the security processing area, and the front door. •The visitor service counter will include two windows with secure pass-throughs for documents. One window will be dedicated to official visitors. CENTRAL VISITING AREAS •Assure that the security control station has direct lines of sight to the public lobby, video visitation area, and contact visitation area, including the outdoor patio. •The entire area will be under CCTV surveillance and monitored from WRTH Security Control with backup from WCDF Central Control. •Provide a non-institutional, normalized, de-stressing type environment, while maintaining security and facility life-cycle durability. •Provide grass and picnic tables in outdoor visitation area. HOUSING UNIT VISITING BOOTHS •Provide audio recording capability •Provide adequate sound attenuation between booths •Provide fixed seating with capacity for two visitors •Provide security glazing between public and resident-secure side •Each 64-bed housing unit will have six, non-contact visiting booths for social visits, and one visiting booth with pass-through glazing for official visits Locational Criteria: The lobby, registration windows, video visitation, contact visiting areas, and respective sally ports will all essentially be co-located and adjacent to one another as feasible. The centralized visiting facilities will be located at the “front” of the facility and be conveniently accessed from the public parking lot. Hours of Operation Social Visiting Thirty-minute sessions occur as follows: •Monday-Wednesday: Three sessions; 12:30 PM, 1:30 PM, and 2:30 PM •Thursday: Five sessions; 12:30 PM, 1:30 PM, 2:30 PM, 3:15 PM, and 4:15 PM •Fridays: No visiting •Saturdays and Sundays: Five sessions: 8:30 AM, 9:30 AM, 10:30 AM, 12:30 PM, and 2:30 PM Dedicated Program Provider Visiting •Thursdays: One session; 7:00 AM Video and Contact Visiting •Schedules yet to be determined Typical Users •Incarcerated People •Authorized Sheriff’s Staff •Authorized Social Visitors •Authorized Official Visitors •Authorized Program Provider Visitors 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 550 87 Contra Costa County California | Section L | Proposed Facility Functional Analysis 5. Facility Services Service Demand Ultimately, visiting levels will be determined by the daily census, visiting schedule, and capacity of the facilities as programmed. The visitor volume assumptions documented in the building space program are based on current visitor volume per resident ratios experienced at the MDF (from May 2015 data), from which the majority of WRTH residents will be transferred. BUILDING RESIDENTS HOUSED NUMBER OF VISITS Sunday Total Peak Hour Building 4 77 8 3 Building 5 225 36 13 Building 7 191 36 5 Building 8 121 12 4 Totals 614 92 25 Average Sunday Visits Per Resident 0.15 Average Sunday Peak hour Visits 0.04 Statistically Required Number of Booths Per 64 Bed Unit 2.61 Physical Number of Booths per 64 Bed Unit 3 Booths Required: Six, 64-bed units 6 18 Booths Required: One, 32-bed unit 1 2 TOTAL BOOTHS REQUIRED 20 As shown, peak-visiting volume occurs on Sunday, where analysis of a four-week sampling of data demonstrated an average of 92 visits on Sunday, which equates to an average of 0.15 visits per resident. Further analysis of the hourly visitor volumes experienced on Sundays demonstrated that in a peak hour 25 visitations appear to be the norm, which equates to a peak hourly ratio of 0.04 visits per resident. Based on these peak visitations to resident ratios, 2.61 public visiting booths will be required for a 64-bed housing unit (0.04 x 64 bed capacity). Therefore, three public visiting booths will be required for a typical housing unit at WRTH. Operational Capacities Public Lobby Standing 72 Fixed seating 15 Registration window queuing 12 Security screening queuing 6 Total 1 05 Video Visiting Carrels (2 per carrel; 20 carrels 40 Housing Unit Visitation Booths: Reference Component 1.3 5.2 Medical/Psychiatric Outpatient Clinic Primary Function: To ensure provision of emergency and basic health and behavioral health care services to all incarcerated people. These services will be provided through the Contra Cost County Detention Health Services and Medical Services departments and will be consistent with community standards of privacy, cleanliness, and competence. Planned Activities, Programs, Processes, and Operations: Initial intake health care screening will continue to take place at the MDF. WRTH will provide basic triage, dispensing of pharmaceuticals, and outpatient clinic-related services delivered within WRTH, including X-ray, and dialysis. Medications will continue to be delivered, stored, and distributed onto pill carts at the main medical facility that currently exist on the WCDF campus. Medical staff will then transport pill carts to WRTH and make scheduled rounds to each of the housing units. Pharmaceuticals will be dispensed in the housing units by medical staff (with the all drugs and supplies being contained in a mobile cart. All psychiatric-patient interviews will occur primarily in interview rooms provided in each of WRTH’s housing units. Any person sufficiently ill to require an infirmary or requiring more intensive services will be transported to an appropriate county/community provider facility. People housed at WRTH who require isolation cells will be transported to the MDF and be housed in any of the four negative pressure cells located in F Module on the F-ISO wing. 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 551 88 Contra Costa County California | Section L | Proposed Facility Functional Analysis 5. Facility Services General Facilities Description and Special Design Concerns This component will serve as a basic outpatient clinical facility. It will be comprised of a small waiting area, exam room, storage for medical supplies and non-prescription pharmaceuticals, an x-ray room, a dialysis room, and administrative area. Urine specimen collection will occur in a dedicated resident toilet located within this area. Active medical files will be stored in this component and must be secure. It will not contain an infirmary or isolation beds. Locational Criteria This component will be located directly off of a main in-custody secure circulation corridor and as close to the housing units as feasible, ideally adjacent to the Behavioral Health Pod. HOURS OF OPERATION •At least one RN/LVN will be in the facility on a 7/24/365 basis. Typical Users •Public •Designated Sheriff Staff Only •County Staff (General) •Contracted Professionals •County Sheriff Staff •Incarcerated People Service Demand •Service demand for this function will be dictated by the overall census of the facility, number of requiring prescription drugs, outbreaks of viruses and contagious diseases. Operational Capacity (maximum shift) •Incarcerated People up to 8 •Deputies 1 •Medical Staff 4 •Behavioral Health Clinical Staff 2 •Total Maximum Operational Capacity 15 5.3 Commissary Primary Function: Provide approved commissary items for all authorized incarcerated people. Planned Activities, Programs, Processes, and Operations: Trinity Services Group provides Commissary services under County Contract. Day shift deputies will provide commissary order forms every Monday afternoon to any incarcerated people requesting commissary. Evening shift deputies will collect all completed commissary order forms no later than 2145 hours every Monday evening. Morning deputies will place completed commissary order forms in the mailroom slot marked “Canteen.” These order forms will be provided to Trinity Services Group for filling. Trinity is responsible for maintaining strict procedures to safeguard every aspect of the commissary process, from warehouse to delivery and distribution. All orders are placed on secure trucks, transported under close security to the WCDF warehouse, unloaded under supervision, and distributed and tracked electronically. All commissary items are packaged in clear, tamper-proof plastic to ensure that nothing is concealed as well as clear personal items that prevent concealed contraband. Trinity staff will transport the items to WRTH and under the supervision of authorized sheriff’s staff distribute the commissary items in accordance with CSB Policy and Procedure 2.08.43. General Facilities Description No dedicated facilities will be provided at WRTH. Commissary will use the WCDF warehouse only as their staging area. Special Design Concerns None Hours of Operation Collection and internal CSB processing of order will occur on Monday. Delivery to, and distribution of commissary items in each housing unit will occur on a yet-to-be determined scheduled basis. Typical Users •Incarcerated People •Authorized Sheriff’s Staff •Trinity/other contact provider Staff 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 552 89 Contra Costa County California | Section L | Proposed Facility Functional Analysis 5. Facility Services Service Demand Service demand will be dictated by the daily census of the facility and volume of approved commissary request. Operational Capacity Not applicable. 5.4 Food Service Primary Function: To provide all incarcerated people with three nutritionally adequate and properly prepared meals per day, pursuant to Minimal Jail Standards Section 1246. Planned Activities, Programs, Processes, and Operations: All dining will take place in the housing units. All meals will be prepared, served onto trays, and loaded into thermal meal delivery carts in the WCDF’s Central Kitchen by County staff and resident workers. Detention staff will then transport the carts to WRTH, where they will pass through the secure facility service sally port, and then be moved by detention staff directly to the housing units or food cart alcoves, until they can be moved into the units. Once the carts have been moved into the unit, each resident will receive a tray, eat in the day room, and replace the used tray (along with used disposable plates, glasses, and utensils) back into the cart. Detention staff will then move the meal carts either to the food cart alcoves, or directly out of the facility through the service sally port. Resident worker staff will then transport the meal carts back to the central kitchen for processing and reuse. General Facilities Description and Special Design Concerns The only food service facilities provided in WRTH are for meal cart staging. One meal cart-staging alcove will be provided per housing units and have the capacity to store two meal carts. Reference Component 1.3 for details. Locational Criteria The meal cart staging alcoves will be located directly adjacent to each housing unit, in a main circulation corridor, so that authorized sheriff staff can access them, and so that they are visible to same. Hours of Operation The meal carts will be moved to WRTH housing units as follows: breakfast: 0430 lunch 1000; dinner 1600 hours. Typical Users •Incarcerated People •Authorized Sheriff’s Staff Service Demand Service demand levels will be dictated by the overall daily census of the facility, multiplied by three meals per day. Note that the WCDF’s central kitchen has sufficient capacity to serve the additional 418-bed capacity that are planned for WRTH. Operational Capacity Three carts per 64-bed housing unit; two carts for 32-bed housing unit. 20 carts total. 5.5 Laundry Primary Function: To provide facilities for the transfer of soiled laundry (clothing, linens, and blankets) to and from housing units to the Central Laundry located on the WCDF main campus, which is located external to the secure perimeter of WRTH. No laundry processing facilities (washing, drying, or mending) will be located within WRTH. Planned Activities, Programs, Processes, and Operations: Upon booking, all incarcerated people are issued clothing, linens, and bedding that is clean, freshly laundered, in good repair, and free of vermin. Each item of clothing and linen issued is Sheriff’s Property, for which the individual shall be held accountable. Each Facility Commander is responsible for publishing and posting a laundry schedule for their facility. Facility Commanders will ensure that laundry is collected for each resident at least once each week. The facility laundry schedule will include the dates for blanket exchange, which will be at least once every three months. Incarcerated people will have the opportunity to have their clothing and linen laundered at least once each week. Laundry Exchange Process: Each person is issued his or her own laundry bag. Individuals will place their soiled laundry in their bag, after which the housing deputy will zip tie the bag and place it in a soiled laundry cart. Detention staff will move the laundry cart from the housing unit and move it to the laundry cart alcoves or directly out of WRTH for movement to the Central Laundry. 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 553 90 Contra Costa County California | Section L | Proposed Facility Functional Analysis 5. Facility Services General Facilities Description and Special Design Concerns The only dedicated facilities in WRTH related to resident laundry service will be one laundry cart alcove (capacity for one soiled and one clean laundry cart) per housing unit Reference Component 1.3, Custodial Housing Support Areas for special design concerns. Locational Criteria The laundry cart alcoves will be located directly adjacent to each housing unit, near the unit’s sally port. Hours of Operation Laundry exchange will occur at least once a week. The Central Laundry currently operates from 6AM to 12:30PM. Typical Users •Incarcerated People •Authorized Sheriff’s Staff Service Demand Volume will be dictated by the overall daily census of the facility. Operational Capacity The existing WCDF Central Laundry has sufficient capacity to accommodate the additional bed planned capacity of WRTH. However, additional space may be required for storage of more linens, clothing, bedding, laundry chemicals, and carts. Additional resident workers may also be required. 5.6 Library Primary Function (Recreational Library): To provide a variety of recreational reading material to meet the interests and needs of incarcerated people, and provide a variety of reference material for centralized use, as well as to provide library resources informational resources. Primary Function (Law Library): To provide access to materials in the existing law library at the WCDF, and provide pro-per privileges to incarcerated people as outlined by Contra Costa County Superior Court, as well as provide limited duplicating service incarcerated people requesting legal assistance. Planned Activities, Programs, Processes, and Operations: Recreational reading material from the central library located on the main WCDF campus will be distributed frequently on a rotating basis to WRTH housing units. All people housed at WRTH will have access to reading materials and be able to read in their cells, day room, and bonus rooms. General Facilities Description The only dedicated space with WRTH provided for the library is a small alcove that is intended to be used for the temporary staging of book carts prior to delivery to the housing units, or while being returned to the central library. Locational Criteria The library book cart alcove will be located centrally to all housing units. Special Design Concerns None Hours of Operation Delivery to, and distribution of library materials to each housing unit will occur on a yet-to-be determined scheduled basis, yet is anticipated to occur during the normal workweek. Typical Users •Incarcerated People •Authorized Sheriff’s Staff •Authorized Library Staff Service Demand The volume of requests for specific recreational and legal related materials and each housing unit’s occupancy levels will dictate Service demand. 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 554 91 Contra Costa County California | Section L | Proposed Facility Functional Analysis 5. Facility Services Operational Capacity Staging area for two book carts in primary circulation corridors and space for one book cart in the dayroom of each housing unit. 5.7 Facilities Support Security Control Primary Function: To: 1) provide monitoring and control of all communications, life- safety, and security systems of WRTH, including all entries, exits, secure vestibules, and doors; via CCTV, electronically controlled locks, intercom, and radio communications; 2) provide the monitoring and/or control of all resident and staff movement; 3) WRTH security control will ideally also be provided with sufficient electronic hardware and software to serve as backup to WCDF Central Control and vice-versa. Planned Activities, Programs, Processes, and Operations: This function will be the security and life-safety hub of the facility. Control room activities will include, but will not be limited to: •Controlling and monitoring all primary facilities access/egress points. •Monitoring and or controlling: building and perimeter alarm systems, life safety systems, card key access points, CCTV, public address, perimeter lighting, radio systems, and personal alarm system •Serving as the communications center for the facility •Control movement of incarcerated people •Controlling and storing the facilities emergency response equipment and supplies •Providing secondary direct observation of within line of sight in-custody secure corridors and housing units as feasible General Facilities Description This self-contained area will be comprised of a main security control room with security control workstations; related electronic equipment room; staff support facilities (toilet, kitchenette) required to minimize the need for staffing relief; and storage of emergency supplies and equipment. Special Design Concerns This area will be designed as a totally secure, self-contained, self-sufficient component, capable of operating all building system controls quickly and efficiently with minimum staff Regardless of the level and sophistication of security equipment used, there is no electronic substitute for personal interaction between incarcerated people, staff, and other facility users. The built environment will be developed to mitigate stress and fatigue of staff that are confined within a small amount of space for long periods. Special consideration to temperature, humidity, ventilation, lighting systems, and acoustics will be directed towards this area. Additionally: •The entire envelope surrounding this area will be of secure construction to prevent unauthorized admittance by incarcerated people, public visitors, service providers, or any other unauthorized persons. Therefore, all openings into Security Control must be secure, including, air supply ducts, and any conduit openings. •Provide ample glazing to permit as much direct line of sight observation of in-custody corridors as possible. •Provide microphone/speaker communication and pass-through slot for the transfer of documents and potentially other small items to detention staff. Locational Criteria This component will be located deep into the facility and central to all housing units, and be afforded as much direct visibility as possible to the primary in-custody secure corridors. Hours of Operation Continuous; 24/7/365 Typical Users •Authorized Sheriff’s Staff Only Service Demand: Demand will be dictated by the size of the average daily population, admissions and release volume, visitation volume, and the amount of programming that requires to be moved from their living units to centralized program areas. 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 555 92 Contra Costa County California | Section L | Proposed Facility Functional Analysis 5. Facility Services Operational Capacity •Duty Supervisors Workstation 1 •Security Control Workstations 2 •Total Occupancy 3 5.8 Facilities Maintenance and Custodial Primary Function: Maintenance and repair of the Custody Services building structures; upkeep of exterior grounds; maintenance and repair of interior walls (including glazing and common hardware items; repair and replacement of floor coverings; repair and replacement of machinery and systems inherent to the building, and other special purpose equipment. Planned Activities, Programs, Processes, and Operations: WRTH facilities will operate as satellite facilities for General Services Maintenance and Custodial Staff, potentially vendors under county contract, and as a secondary receiving staging area for the Warehouse function. Usage of this facility is expected to be relatively light, yet essential for efficient operations. Receiving Staging Area: A receiving/staging area for larger items (non-commissary, food service, laundry, or library) has been programmed into the facility to allow for the bulk delivery of general building supplies and custodial supplies that will then be distributed to the general storage and custodial closets that are located in each housing unit, and distributed throughout common areas of the facility. There will be no dedicated vehicle sally port for delivery vehicles. Therefore the access door between this area and the exterior is an integral part of the secure perimeter of the facility. Maintenance Shop: The Maintenance Shop is planned as a simple satellite facility where minor building maintenance and repair tasks could be carried out. No painting, welding, carpentry will occur in this facility. Typical items that will be stored in the storage area include, air filters, belts, light bulbs, ceiling tiles, general hardware, and minor plumbing parts and supplies. Custodial Storage: Basic storage of equipment (vacuums, floor polishers) and supplies (chemicals and paper products. General Facilities Description and Special Design Concerns This area will have only open ceilings, unfinished walls, and finished concrete floors. Special Design Concerns - Receiving and Staging Area •Provide secure double doors access at a minimum, consider roll-up doors are necessary •The secure double-door between the exterior loading area and internal staging area will be able to be operated manually by staff and electronically operated by Security Control. An intercom to Central Control will also be provided, and the entire loading area will be monitored via CCTV •To simplify operations and minimize construction cost, the loading area will be external to the building need not be secure. Therefore, no vehicle sally port for this function is envisioned Special Design Concerns - Maintenance Shop The shop will be designed as a single area to provide staff with maximum flexibility to carry out a variety of maintenance and repair tasks. Since a variety of equipment and fixtures will be located in a common area, careful arrangement and spacing of this equipment is required to promote a safe and efficient work environment. Additionally: •Provide compressed air, supplemental ventilation, hot and cold water, utility sink, and emergency eyewash/shower. •All other storage and worktable equipment will be freestanding. •Provide ample day lighting. Locational Criteria This component will be located away from the public and staff entrances, yet provide convenient access to the primary circulation corridors of the facility and from its exterior. Hours of Operation As needed Typical Users •Authorized Sheriff’s Staff •County General Services Maintenance and Custodial Staff Service Demand: Demand will be dictated ordering volume of supplies as well as the age and reliability of building systems. 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 556 93 Contra Costa County California | Section L | Proposed Facility Functional Analysis 5. Facility Services Operational Capacity (staff) •Staging Area 2 •Maintenance Shop 2 •Total Occupancy: 4 5.9 Administration No dedicated facilities to house this function will be provided in WRTH. Staff will utilize existing facilities within Building 1 on the main WCDF campus. Staff Support (lockers, training, and staff dining) No dedicated facilities to house this function will be provided in WRTH. Staff will utilize existing facilities within Building 1 on the main WCDF campus. Warehouse Only minor satellite staging and storage areas identified under Component 4.2 will be provided in WRTH, which will primarily rely on the existing warehouse located on the main WCDF campus. Booking, Classification, Transfer, and Release All bookings, classification, and releases will continue to occur at the MDF. Two holding areas for those transferring into and out of WRTH have been provided. Personal Property All property will remain at the MDF Booking Facility 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 557 94 Contra Costa County California | Section L | Proposed Facility Functional Analysis 6. Facilities Space Allocation DSA, Inc.Page A.1 Contra Costa County, California BUILDING SPACE PROGRAM West County Reentry and Treatment Facility SUMMARY Comp-Gross-Gross onent Up Square Sq. Ft.Factor Feet Comments 1.0 Housing 1.0 Housing Unit: Standard 49,385 10% 54,323 64 Beds Per Unit; 5 Units 1.2 Housing Unit: Behavioral Health - Special Services 9,917 10% 10,909 64 Beds Per Unit; 1 Unit 1.3 Housing Unit: Behavioral Health - Intensive Services 7,376 20% 8,852 32 Beds Per Unit; 1 Unit 1.4 Inmate Housing Support Areas 5,783 25% 7,229 1.5 Recreation Yards - - - See below Subtotal 72,462 12% 81,313 2.0 Reentry Service Center 2.1 Reentry Programs Component 7,690 20% 9,228 2.2 Workforce Readiness Center 3,062 20% 3,674 2.3 Child/Parent Visitation Center 1,904 20% 2,285 2.4 Programs and Academic Staff Support Areas 3,923 20% 4,708 Subtotal 16,579 20% 19,894 3.0 Inmate Services 650 15% 747 2,045 15% 2,352 - - - Housed external to facility on main campus - - - Housed external to facility on main campus - - - Housed external to facility on main campus 3.1 Inmate Visiting 3.2 Medical/Psychiatric Services 3.3 Commissary 3.4 Food Service 3.5 Laundry 3.6 Library - - - Housed external to facility Subtotal 2,695 15% 3,099 4.0 Facilities Support 4.1 RTF Security Control 829 15% 953 4.2 Facilities Maintenance/Custodial 758 12% 849 4.3 Inmate Movement 480 12% 538 4.4 Administration - - - Housed external to facility on main campus 4.5 Staff Support - - - Housed external to facility on main campus 4.6 Warehouse - - - Housed external to facility on main campus 4.7 Booking; Classification, Transfer, Release - - - Housed external to facility on main campus 4.8 Inmate Property - - - Housed external to facility on main campus Subtotal 2,067 13% 2,340 Subtotals - Enclosed Space 93,802 14% 106,647 Electrical/Mechanical 6% 6,399 TOTAL ENCLOSED BUILDING GROSS SQUARE FEET 113,045 Total Beds 418 418 Square Feet Per Bed 224 270 Non-Enclosed Building Space Recreation Yards - Standard Housing Units 5,100 Recreation Yard - Mental Health Housing Unit 780 Visiting Outdoor Patio 1,500 Building 1 Access Way 6,000 Estimated/Revise with Design Subtotal - Non-Enclosed Space 13,380 TOTAL PROJECT BUILDING GROSS SQUARE FOOTAGE 126,425 Total Rated Beds 416 416 Square Feet Per Bed 225 448 Base Program Component Code and Description 6. Facilities Space Allocation 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 558 95 Contra Costa County California | Section L | Proposed Facility Functional Analysis 6. Facilities Space Allocation DSA, Inc.Page A.2 Contra Costa County, California West County Reentry and Treatment Facility BUILDING SPACE PROGRAM Program Code:1.0 Custodial Housing Component:1.1 Housing Unit: Standard 32 Sleeping Rooms (Double Bunk Capacity) Component Unit Net Number Staff/Component Description Std. Quantity Square Feet Comments 1.1 0.00 Sleeping Rooms 1.1 1.01 Double-Bed Rooms (Wet)70 31 2,170 CCR Title 24: 70 SF min.; Includes: fixed bunk, combination stainless steel toilet/wash basin/drinking fountain fixture; desk and seat; door electronically operated from officers station, RFT Security Control and Campus-wide Central Control); Intercom to officer control station. Sound-activated audio monitoring system; CCTV monitoring by RFT Security Control and Campus Wide Central Control 1.1 1.02 Sleeping Room - Accessible (Wet)100 1 100 Same treatment as standard sleeping room; can be used as double bunked; all components must meet accessibility standards. Hygiene Areas 1.1 1.03 Shower/Changing Area - Standard 35 3 105 Provided at ratio of 1:20 per CCR Title 24 (when combined with ADA unit below); tempered water; individual non-gang shower, with dressing area. Provide modesty screen but head and feet must be visible to control officer. Provide safety clothes hook. 1.1 1.04 Shower/Changing Area - ADA 80 1 80 Must meet accessibility criteria, and include same fit-out as standard shower. Program Areas 1.1 1.05 Day Room 2,240 1 2,240 CCR-Title 24: 35 sf per inmate Activities: dining, meetings, (board games, TV). Provide movable tables/w chairs, secure casework for storage of board games; paid/collect telephones at ratio of 1:5 inmates; and sink with drinking fountain. 1.1 1.06 Programs Room - Small Groups 340 Subtotal from below 1.1 1.07 Open Area - Seating/Tables (Capacity 10)30 10 300 Capacity 10 @ 30 sf/person 1.1 1.08 Storage Closet 40 1 40 Secured via manual key; 4' x 5'; 2 closets on each opposing wall. 1.1 1.09 Programs Room - Standard 460 Subtotal from below 1.1 1.10 Open Area - Seating/Tables (Capacity 20)15 20 300 Capacity 20 @ 15 sf/person 1.1 1.11 Lectern/Demonstration Area 80 1 80 Open area 1.1 1.12 Storage Closet 40 2 80 Secured via manual key; 4' x 5'; 2 closets on each opposing wall. Layout Adjustment Allowance 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 559 96 Contra Costa County California | Section L | Proposed Facility Functional Analysis 6. Facilities Space Allocation DSA, Inc.Page A.3 Contra Costa County, California West County Reentry and Treatment Facility BUILDING SPACE PROGRAM Program Code:1.0 Custodial Housing Component:1.1 Housing Unit: Standard 32 Sleeping Rooms (Double Bunk Capacity) Component Unit Net Number Staff/Component Description Std. Quantity Square Feet Comments 1.1 1.13 Classroom - Standard 460 Subtotal from below (19 sf/per person, excluding closets) 1.1 1.14 Open Area - Seating/Tables (Capacity 20)15 20 300 15 sf per person 1.1 1.15 Lectern/Demonstration Area 80 1 80 Open area 1.1 1.16 Storage Closet 40 2 80 Secured via manual key; 4' x 5'; 2 closets on each opposing wall. Layout Adjustment Allowance 1.1 1.17 Common Toilet 50 1 50 Single occupancy, unisex; locate adjacent to classroom; directly accessed from day room; temperate water, specialized ventilation. 1.1 1.18 Interview Room - Independent Study 80 1.5 120 Capacity four persons; provide: acoustical privacy, fixed furniture, security glazing on door; 3 rooms shared between two housing units. Visiting 1.1 1.19 Video Visiting Carrel 25 6 150 One per ~10 inmates 1.1 1.20 Non-Contact Visiting Booth - Public 40 3 120 One per ~20 inmates - secure inmate-side itemization of sq. ft. only 1.1 1.21 Non-Contact Visiting Booth - Professional 40 2 80 One per 32 inmates - secure inmate-side itemization of sq. ft. only Physical Recreation Exterior requirement, listed under physical recreation component. Unit Support 1.1 1.22 Sallyport 80 1 80 Double door, with security glazing, electronically operated and observed via CCTV and intercom by Central Control and Officer's Control Station. 1.1 1.23 Officer's Control Station - Direct Supervision Station 60 1 60 Locate on unenclosed raised platform with raised front counter. Ideally provide unobstructed view of dayroom, showers, sleeping rooms, multi-purpose rooms, and outdoor recreation yard. Contains control panel for doors, alarms, phones. 1.1 1.24 Housing Unit Service Window/Pass-Through 24 1 24 Housing Unit side only, capacity 2 @ 12 sf per person 1.1 1.25 General Storage/Rec Equipment 40 1 40 1.1 1.26 Janitorial/Storage Closet 40 1 40 Provide utility sink; vertical storage for mops, shelving for supplies. Housing Support Components (Exterior to Unit)Reference Component 1.4 Food and Laundry Cart Staging Trash/Recycling Staging Safety Equipment/Emergency Response Supplies Recreation Yard Reference Component 1.5 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 560 97 Contra Costa County California | Section L | Proposed Facility Functional Analysis 6. Facilities Space Allocation DSA, Inc.Page A.4 Contra Costa County, California West County Reentry and Treatment Facility BUILDING SPACE PROGRAM Program Code:1.0 Custodial Housing Component:1.1 Housing Unit: Standard 32 Sleeping Rooms (Double Bunk Capacity) Component Unit Net Number Staff/Component Description Std. Quantity Square Feet Comments TOTALS Subtotal - SF 6,719 Program Code:1.0 Custodial Housing Circulation/Eff. Factor 47% Component:1.1 Housing Unit: Standard Internal Circulation SF 3,158 Total Unit SF 9,877 Number of Units 5 Total Component SF 49,385 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 561 98 Contra Costa County California | Section L | Proposed Facility Functional Analysis 6. Facilities Space Allocation DSA, Inc.Page A.5 Contra Costa County, California West County Reentry and Treatment Facility BUILDING SPACE PROGRAM Program Code:1.0 Custodial Housing Component:1.2 Housing Unit: Behavioral Health - Special Services 32 Sleeping Rooms (Double Bunk Capacity) Component Unit Net Number Staff/Component Description Std. Quantity Square Feet Comments 1.2 0.00 Sleeping Rooms 1.2 1.01 Double-Bed Rooms (Wet)70 31 2,170 CCR Title 24: 70 SF min.; cells located on two-levels. Ground level cells require extended glazing on all doors for observation purposes. Mezzanine cell doors facility typical; Includes: fixed bunk, combination stainless steel toilet/wash basin/drinking fountain fixture; desk and seat; door electronically operated from officers station, RFT Security Control and Campus-wide Central Control); Intercom to officer control station. Sound-activated audio monitoring system; CCTV monitoring by RFT Security Control and Campus Wide Central Control 1.2 1.02 Sleeping Room - Accessible (Wet)100 1 100 Same treatment as standard sleeping room; can be used as double bunked; all components must meet accessibility standards. Hygiene Areas 1.2 1.03 Shower/Changing Area - Standard 35 3 105 Provided at ratio of 1:20 per CCR Title 24 (when combined with ADA unit below); tempered water; individual non-gang shower, with dressing area. Provide modesty screen but head and feet must be visible to control officer. Provide safety clothes hook. 1.2 1.04 Shower/Changing Area - ADA 80 1 80 Must meet accessibility criteria, and include same fit-out as standard shower. Program Areas 1.2 1.05 Day Room 2,240 1 2,240 CCR-Title 24: 35 sf per inmate Activities: dining, meetings, (board games, TV). Provide movable tables/w chairs, secure casework for storage of board games; paid/collect telephones at ratio of 1:5 inmates; and sink with drinking fountain. 1.2 1.06 Programs Room - Small Groups 340 Subtotal from below 1.2 1.07 Programs Room - Small Groups 30 10 300 Capacity 10 pers. Enclosed area; simulate living room environment, TV; higher grade lunge type furnishings; provide glazing; visible from Control Station. 1.2 1.08 Storage Closet 40 1 40 Secured via manual key; 4' x 5'; 2 closets on each opposing wall. 1.2 1.09 Programs Room - Standard 460 Subtotal from below (19 sf/per person, excluding closets) 1.2 1.10 Open Area - Seating/Tables (Capacity 20)15 20 300 17 sf per person 1.2 1.11 Lectern/Demonstration Area 80 1 80 Open area 1.2 1.12 Storage Closet 40 2 80 Secured via manual key; 4' x 5'; 2 closets on each opposing wall. Layout Adjustment Allowance 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 562 99 Contra Costa County California | Section L | Proposed Facility Functional Analysis 6. Facilities Space Allocation DSA, Inc.Page A.6 Contra Costa County, California West County Reentry and Treatment Facility BUILDING SPACE PROGRAM Program Code:1.0 Custodial Housing Component:1.2 Housing Unit: Behavioral Health - Special Services 32 Sleeping Rooms (Double Bunk Capacity) Component Unit Net Number Staff/Component Description Std. Quantity Square Feet Comments 1.2 1.13 Classroom - Standard 460 Subtotal from below 1.2 1.14 Open Area - Seating/Tables (Capacity 20)15 20 300 15 sf per person 1.2 1.15 Lectern/Demonstration Area 80 1 80 Open area 1.2 1.16 Storage Closet 40 2 80 Secured via manual key; 4' x 5'; 2 closets on each opposing wall. Layout Adjustment Allowance 1.2 1.17 Common Toilet 50 1 50 Single occupancy, unisex; locate adjacent to classroom; directly accessed from day room; temperate water, specialized ventilation. 1.2 1.18 Interview Room - Independent Study 80 3 240 Capacity four persons; provide: acoustical privacy, fixed furniture, security glazing on door; 3 rooms shared between two housing units. 1.2 1.19 Meeting/Interview Room - Small 100 4.0 400 Capacity 4 Visiting 1.2 1.20 Video Visiting Carrel 25 6 150 One per ~10 inmates 1.2 1.21 Non-Contact Visiting Booth - Public 40 3 120 One per ~20 inmates - secure inmate-side itemization of sq. ft. only 1.2 1.22 Non-Contact Visiting Booth - Professional 40 2 80 One per 32 inmates - secure inmate-side itemization of sq. ft. only Physical Recreation Exterior requirement, listed under physical recreation component. Unit Support 1.2 1.23 Sallyport 80 1 80 Double door, with security glazing, electronically operated and observed via CCTV and intercom by Central Control and Officer's Control Station. 1.2 1.24 Officer's Control Station - Direct Supervision Station 60 1 60 Locate on unenclosed raised platform with raised front counter. Ideally provide unobstructed view of dayroom, showers, sleeping rooms, multi-purpose rooms, and outdoor recreation yard. Contains control panel for doors, alarms, phones. 1.2 1.25 Housing Unit Service Window/Pass-Through 24 1 24 Housing Unit side only, capacity 2 @ 12 sf per person 1.2 1.26 General Storage/Rec Equipment 40 1 40 1.2 1.27 Janitorial/Storage Closet 40 1 40 Provide utility sink; vertical storage for mops, shelving for supplies. Housing Support Components (Exterior to Unit)Reference Component 1.4 Food and Laundry Cart Staging Trash/Recycling Staging Safety Equipment/Emergency Response Supplies Recreation Yard Reference Component 1.5 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 563 100 Contra Costa County California | Section L | Proposed Facility Functional Analysis 6. Facilities Space Allocation DSA, Inc.Page A.7 Contra Costa County, California West County Reentry and Treatment Facility BUILDING SPACE PROGRAM Program Code:1.0 Custodial Housing Component:1.2 Housing Unit: Behavioral Health - Special Services 32 Sleeping Rooms (Double Bunk Capacity) Component Unit Net Number Staff/Component Description Std. Quantity Square Feet Comments TOTALS 7,239 Program Code:37% Component: Subtotal - SF 1.0 Custodial Housing Circulation/Eff. Factor 1.2 Housing Unit: Behavioral Health Internal Circulation SF 2,678 Total Unit SF 9,917 Number of Units 1 Total Component SF 9,917 - Special Services 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 564 101 Contra Costa County California | Section L | Proposed Facility Functional Analysis 6. Facilities Space Allocation DSA, Inc.Page A.8 Contra Costa County, California West County Reentry and Treatment Facility BUILDING SPACE PROGRAM Program Code:1.0 Custodial Housing Component:1.3 Housing Unit: Behavioral Health - Intensive Services Total Physical Capacity Up to 32 BSCC-rated beds (Typical operational ADP: 20 Inmates) Component Unit Net Number Staff/Component Description Std. Quantity Square Feet Comments 1.3 0.00 Sleeping Rooms 1.3 1.01 Mix of Single and Double Bed Cells (Wet)70 15 1,050 CCR Title 24: 70 SF min.; all single level (no mezzanine) specialized doors with extended glazing for observation purposes. Mix of single and double bed cells. Double bed cells should have facility-typical FF&E fit-out. Single bed cells should be fitted out to minimize suicide risks. Consider CCTV monitoring in single bed cells, observe red from housing control, RTF and main Central Control. All other fit-out facility-typical (64-bed unit) standard. 1.3 1.02 Sleeping Room - Accessible (Wet)100 1 100 1.3 1.03 Safety Cell (Dry)70 2 140 CCR Title 24: 70 SF min.; Includes: door electronically operated from officers station, RFT Security Control and Campus-wide Central Control); Intercom to officer control station. Sound-activated audio monitoring system; CCTV monitoring by RFT Security Control and Campus Wide Central ControlHygiene Areas 1.3 1.04 Shower/Changing Area - Standard 35 1 35 Provided at ratio of 1:20 per CCR Title 24 (when combined with ADA Unit Below); tempered water; individual non-gang shower, with dressing area. Provide modesty screen but head and feet must be visible to control officer. Provide safety clothes hook. 1.3 1.05 Shower/Changing Area - ADA 80 1 80 Must meet accessibility criteria, and include same fit-out as standard shower. Program Areas 1.3 1.06 Day Room 1,120 1 1,120 CCR-Title 24: 35 sf per inmate Activities: dining, meetings, (board games, TV). Provide movable tables/w chairs, secure casework for storage of board games; paid/collect telephones at ratio of 1:5 Adults; and sink with drinking fountain. 1.3 1.07 Classroom Room (Standard)400 Subtotal from below 1.3 1.08 Open Area - Seating/Tables (Capacity 16)17 16 272 17 sf per person 1.3 1.09 Lectern/Demonstration Area 80 1 80 Open area 1.3 1.10 Storage Closet 20 2 40 Secured via manual key; 4' x 5' 1.3 1.11 Layout Adjustment Allowance 1 8 1.3 1.12 Programs Room - Small Groups 180 2 360 Standard from below 1.3 1.13 Multi-Purpose Room - Small 180 Subtotal from below 1.3 1.14 Open Area - Seating/Tables (Capacity 8)20 8 160 20 sf per person 1.3 1.15 Storage Closet 20 1 20 Secured via manual key; 4' x 5' 1.3 1.16 Interview Room 80 2 160 Capacity four persons; provide: acoustical privacy, fixed furniture, security glazing on door. 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 565 102 Contra Costa County California | Section L | Proposed Facility Functional Analysis 6. Facilities Space Allocation DSA, Inc.Page A.9 Contra Costa County, California West County Reentry and Treatment Facility BUILDING SPACE PROGRAM Program Code:1.0 Custodial Housing Component:1.3 Housing Unit: Behavioral Health - Intensive Services Total Physical Capacity Up to 32 BSCC-rated beds (Typical operational ADP: 20 Inmates) Component Unit Net Number Staff/Component Description Std. Quantity Square Feet Comments 1.3 1.17 Exam Room 100 1 100 Visiting 1.3 1.18 Video Visiting Carrel 25 3 75 One per ~10 inmates 1.3 1.19 Non-Contact Visiting Booth 40 3 120 One ~16 inmates - secure inmate-side itemization of sq. ft. only 1.3 1.20 Common Toilet 50 1 50 Single occupancy, unisex; locate adjacent to classroom; directly accessed from day room; tepid water, specialized ventilation. Physical Recreation Exterior requirement, listed under physical recreation component. Unit Support 1.3 1.21 Sallyport 80 1 80 Double door, with security glazing, electronically operated and observed via CCTV and intercom by Central Control and Officer's Control Station. 1.3 1.22 Officer's Indirect Supervision Station/Support Area 150 Subtotal from below 1.3 1.23 Security Console/Desk 60 1 60 Lockable, visibility to all unit areas 1.3 1.24 Open Office Equipment 30 1 32 Files, etc. 1.3 1.25 Staff Toilet 50 1 50 Does not have to be accessible. Lockable; single occupancy; unisex; directly accessed from Control Station. Provide cabinet for storage of paper products, soap, and cleaning supplies; specialized ventilation. 1.3 1.26 Personal Lockers (Cubes)6 1 6 18" x 24" x 12" per cube; stacked 6 high; 1.3 1.27 Layout Adjustment Allowance 1 2 1.3 1.28 Officer's Control Station - Direct Supervision Station 60 1 60 Locate on unenclosed raised platform with raised front counter. Ideally provide unobstructed view of dayroom, showers, sleeping rooms, multi-purpose rooms, and outdoor recreation yard. Contains control panel for doors, alarms, phones. 1.3 1.29 Mental Health Staff Office 120 1 120 Shared - Capacity 2 1.3 1.30 Housing Unit Service Window/Pass-Through 24 1 24 Housing Unit side only, capacity 2 @ 12 sf per person 1.3 1.31 General Storage/Rec Equipment 40 1 40 1.3 1.32 Janitorial/Storage Closet 40 1 40 Provide utility sink; vertical storage for mops, shelving for supplies. Housing Support Components (Exterior to Unit)Reference Component 1.4/1.5 Food, Laundry, Trash/Recycling Carts Safety Equip/Emerg. Response Supplies/Rec Yard TOTALS Subtotal - SF 4,144 Program Code:1.0 Custodial Housing Circulation/Eff. Factor 78% Component:1.3 Internal Circulation SF 3,232 Total Unit SF 7,376 Number of Units 1 Total Component SF 7,376 Housing Unit: Behavioral Health - Intensive Services 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 566 103 Contra Costa County California | Section L | Proposed Facility Functional Analysis 6. Facilities Space Allocation DSA, Inc.Page A.10 Contra Costa County, California West County Reentry and Treatment Facility BUILDING SPACE PROGRAM Program Code:1.0 Custodial Housing Component:1.4 Inmate Housing Support Areas Component Unit Net Number Staff/Component Description Std. Quantity Square Feet Comments 1.4 0.00 Housing Supervision Areas 1.4 1.01 Indirect Supervision Station - Common to 2 Units 220 3 660 One per two housing units; per subtotal below. 1.4 1.02 Officer's Station and Support Area 220 Subtotal from below 1.4 1.03 Security Console/Desk 120 1 120 Lockable, visibility to all unit areas 1.4 1.04 Open Office Equipment 40 1 32 Files, etc. 1.4 1.05 Staff Toilet 50 1 50 Does not have to be accessible. Lockable; single occupancy; unisex; directly accessed from Control Station. Provide cabinet for storage of paper products, soap, and cleaning supplies; specialized ventilation. 1.4 1.06 Personal Lockers (Cubes)6 2 12 18" x 24" x 12" per cube; stacked 6 high; accommodates 2 post positions staff, including relief 1.4 1.07 Layout Adjustment Allowance 1 6 1.4 1.08 Indirect Supervision Station - Single Unit 150 1 150 Sized for one dedicated unit to supervise 1.4 1.09 Officer's Station and Support Area 150 Subtotal from below 1.4 1.10 Security Console/Desk 60 1 60 Lockable, visibility to all unit areas 1.4 1.11 Open Office Equipment 30 1 32 Files, etc. 1.4 1.12 Staff Toilet 50 1 50 Does not have to be accessible. Lockable; single occupancy; unisex; directly accessed from Control Station. Provide cabinet for storage of paper products, soap, and cleaning supplies; specialized ventilation. 1.4 1.13 Personal Lockers (Cubes)6 1 6 18" x 24" x 12" per cube; stacked 6 high; accommodates 2 post positions staff, including relief 1.4 1.14 Layout Adjustment Allowance 1 2 General Support Areas 1.4 1.15 Laundry Cart Staging Area: 64-Bed Unit 30 6 180 Assumptions: three carts per unit; 6 units; open alcove, adjacent to each housing unit sallyport. Unit standard includes (32" x 42" cart, plus access space x 3 carts) 1.4 1.16 Laundry Cart Staging Area: 32-Bed Unit 20 1 20 Assumptions: two (32 x 42" carts per unit; 6 units; open alcove, adjacent to each housing unit sallyport 1.4 1.17 Food Cart Staging: 64-bed Unit 45 6 270 Assumptions: Three carts per two std. housing unit; each cart unit standard measures 46.5 x 32", plus access ). 1.4 1.18 Food Cart Staging: 64-bed Unit 30 1 30 Assumptions: Two carts per unit; each cart unit standard measures 46.5 x 32", plus access ). 1.4 1.19 Library Cart Staging 15 1 15 1.4 1.20 Trash/Recycling Staging 12 7 84 Alcove, adjacent to housing unit.; one per unit 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 567 104 Contra Costa County California | Section L | Proposed Facility Functional Analysis 6. Facilities Space Allocation DSA, Inc.Page A.11 Contra Costa County, California West County Reentry and Treatment Facility BUILDING SPACE PROGRAM Program Code:1.0 Custodial Housing Component:1.4 Inmate Housing Support Areas Component Unit Net Number Staff/Component Description Std. Quantity Square Feet Comments 1.4 1.21 Unit Storage 50 7 350 Includes emergency supplies, general supplies, restraints, cuffs, pepper spray. Visiting Housing units only, ref. comp. 4.1 for all other visiting components 1.4 1.22 Non-Contact Visiting Booth - Public 40 24 960 One per ~20 inmates; 3 per unit - Visitor side only 1.4 1.23 Non-Contact Visiting Booth - Professional 40 15 600 One per ~32 inmates; 2 per unit - Visitor side only 1.4 1.24 Housing Unit Service Window/Pass-Through 24 8 192 1 per Housing Unit side only, capacity 2 @ 12 sf per person Inmate Movement 1.4 1.25 Facility Access/Egress Secure Sallyport 80 4 320 1.4 1.26 Inmate Transfer Holding Area 1 150 1 150 General High Security Inmates; capacity 10 at 15 sf per person 1.4 1.27 Inmate Transfer Holding Area 2 150 1 150 Protective Custody Inmates; capacity 10 at 15 sf per person TOTALS Subtotal SF 4,131 Program Code:1.0 Custodial Housing Circulation/Eff. Factor 40%Opens to building gross corridor Component:1.4 Inmate Housing Support Areas Internal Circulation SF 1,652 Total Component SF 5,783 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 568 105 Contra Costa County California | Section L | Proposed Facility Functional Analysis 6. Facilities Space Allocation DSA, Inc.Page A.12 Contra Costa County, California West County Reentry and Treatment Facility BUILDING SPACE PROGRAM Program Code:1.0 Inmate Housing Component:1.5 Recreation Yards Component Unit Net Number Staff/Component Description Std. Quantity Square Feet Comments 1.5 0.00 Living Unit Recreation Yards Each yard should be: a) contiguous to the housing unit it supports; b) in the direct line of sight from the control officer's station; c)physically and visually secure from other housing units. 1.5 1.01 64-Bed Unit Yard 1.5 1.02 850 6 5,100 Paved, basket ball net, consider sun angles and shade given temperature extremes in summer; include drinking fountain and area for fixed weight equipment 1.5 1.03 Inmate Restroom 50 6 300 1 per yard Yard calcs. per T-24 (housing unit capacity x 80%/number of rec periods) 32-Bed Unit Yard 1.5 1.04 780 1 780 Paved, basket ball net, consider sun angles and shade given temperature extremes in summer; include drinking fountain and area for fixed weight equipment Yard calcs. per T-24 (housing unit capacity x 80%/number of rec periods) 1.5 1.05 Inmate Restroom 50 6 300 1 per yard TOTALS Program Code:1.0 Inmate Housing Component:1.5 Recreation Yards 6,480 Building Exterior Space, except restrooms Circulation/Eff. Factor 0% Internal Circulation SF 0 Total Component SF Total Exterior SF 6,480 Open Yard Area (Exterior area; square footage not included in component totals below) Open Yard Area (Exterior area; square footage not included in component totals below) 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 569 106 Contra Costa County California | Section L | Proposed Facility Functional Analysis 6. Facilities Space Allocation DSA, Inc.Page A.13 Contra Costa County, California West County Reentry and Treatment Facility BUILDING SPACE PROGRAM Program Code:2.0 Reentry Service Center Component:2.1 Reentry Programs Component Component Unit Net Number Staff/Component Description Std. Quantity Square Feet Comments 2.1 0.00 Programs Room Standard 350 8 2,800 Per unit standard below 2.1 0.01 Programs Room - Standard 1 350 Unit Standard = subtotal from below 2.1 0.02 Open Area - Seating/Tables 15 18 270 Capacity 18 @ 15 sf per person 2.1 0.03 Lectern/Demonstration Area 80 1 80 Open area 2.1 0.04 Programs Room - Small Groups 144 8 1,152 2.1 0.05 Round Table Configuration 24 6 144 Six person capacity, 4 person capacity requested 2.1 0.06 Programs Room - Large 856 1 856 Per unit standard below 2.1 0.07 Multi-Purpose Room - Standard 1 856 Subtotal from below (17.4 sf/per person, excluding closets) 2.1 0.08 Open Area - Seating/Tables (Capacity 40)15 40 600 15 sf per person 2.1 0.09 Lectern/Demonstration Area 80 1 80 Open area 2.1 0.10 Storage Closet 40 4 160 Secured via manual key; 4' x 5'; 2 closets on each opposing wall. 2.1 0.11 Layout Adjustment Allowance 1 16 Support Areas 2.1 0.12 Security Control Workstation 40 1 40 Provide direct line of sight to as much of the facility as possible. 2.1 0.13 File Storage Room 108 2 216 9' x 12' 2.1 0.14 Supplies Closet 108 4 432 9' x 12' 2.1 0.15 Inmate Toilet 50 4 200 Locate adjacent to classrooms; within view of security control station (if provided) temperate water, specialized ventilation. TOTALS Subtotal - SF 5,696 Program Code:2.0 Circulation/Eff. Factor 35% Component:Reentry Programs Component Internal Circulation SF 1,994 Total Component SF 7,690 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 570 107 Contra Costa County California | Section L | Proposed Facility Functional Analysis 6. Facilities Space Allocation DSA, Inc.Page A.14 Contra Costa County, California West County Reentry and Treatment Facility BUILDING SPACE PROGRAM Program Code:2.0 Reentry Service Center Component:2.2 Workforce Readiness Center Component Unit Net Number Staff/Component Description Std. Quantity Square Feet Comments 2.2 0.00 Security/Control Station/Support Areas 2.2 1.01 Control Workstation 40 1 40 Provide direct line of sight to as much of the facility as possible. Vocational Programs Facility All rooms fitted with fixed furniture and power to students workstations 2.2 1.02 Vocational Classroom 750 Subtotal of items below. Provide glazing to provide direct line of sight from officer's control station and/or main corridors. 2.2 1.03 Instructors/Facilitators Lectern/Desk Area 160 1 160 Provide electrical for keyboard and monitor to access remote hard drive 2.2 1.04 Inmate Seating/Desks/Tables 20 25 500 Fixed seating with electrical supply 2.2 1.05 Multimedia Cart 6 1 6 2.2 1.06 Storage Closet 20 4 80 Secured via manual key; 4' x 5' 2.2 1.07 Layout Adjustment Allowance 1 4 2.2 1.08 General Classroom/Programs Multi-Purpose Rooms 694 2 1,388 Unit standard from subtotal below 2.2 1.09 General Classroom/Multi-Purpose Space 694 Subtotal of items below. Provide glazing to provide direct line of sight from officer's control station and/or main corridors' movable furniture 2.2 1.10 Instructors/Facilitators Lectern/Desk Area 160 1 160 Provide electrical for keyboard and monitor to access remote hard drive 2.2 1.11 Inmate Seating/Desks/Tables 17 25 425 2.2 1.12 Storage Closet 20 4 80 Secured via manual key; 4' x 5' 2.2 1.13 Layout Adjustment Allowance 1 29 Readiness Center Support Areas 2.2 1.14 Control Workstation 40 1 40 Provide direct line of sight to as much of the facility as possible. 2.2 1.15 Inmate Toilet 50 1 50 Locate adjacent to classrooms; within view of security control station (if provided) temperate water, specialized ventilation. TOTALS Subtotal - SF 2,268 Program Code:2.0 Circulation/Eff. Factor 35% Component:Workforce Readiness Center Internal Circulation SF 794 Total Component SF 3,062 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 571 108 Contra Costa County California | Section L | Proposed Facility Functional Analysis 6. Facilities Space Allocation DSA, Inc.Page A.15 Contra Costa County, California West County Reentry and Treatment Facility BUILDING SPACE PROGRAM Program Code:2.0 Reentry Service Center Component:2.3 Child/Parent Visitation Center Component Unit Net Number Staff/Component Description Std. Quantity Square Feet Comments 2.3 0.00 Group Facilitation Area 2.3 1.01 Group Visiting Room 15 36 540 Capacity 14 inmates, 18 children and five staff. 2.3 1.02 Family Bonding/Reunification Room 80 7 560 Separate alcoves, yet visible to staff and open to main group room. Comfortable chairs; board games. Outdoor Visiting Area Exterior Space Provide shading, grass, picnic tables and benches, drinking fountain Visiting Support Components 2.3 1.03 Officer's Control Station 60 1 60 Open to area, located to permit visibility to outdoor and indoor visitation areas. 2.3 1.04 Programs Supply Room 120 1 120 Stollers, misc. 2.3 1.05 Child/Baby Changing Restroom 80 1 80 Visitor Check-in/Security Screening/Center Access Reference Component 3.1 Visiting TOTALS Subtotal - SF 1,360 Program Code:2.0 Reentry Service Center Circulation/Eff. Factor 40% Component:2.3 Child/Parent Visitation Center Internal Circulation SF 544 Total Component SF 1,904 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 572 109 Contra Costa County California | Section L | Proposed Facility Functional Analysis 6. Facilities Space Allocation DSA, Inc.Page A.16 Contra Costa County, California West County Reentry and Treatment Facility BUILDING SPACE PROGRAM Program Code:2.0 Reentry Service Center Component:2.4 Programs and Academic Staff Support Areas Component Unit Net Number Staff/Component Description Std. Quantity Square Feet Comments 2.4 0.00 Workstations - Re-Entry Programs 2.4 1.01 Director 168 1 168 Private Office; 12' D x 14' W 2.4 1.02 Data and Evaluation Manager 140 1 140 Shared Private Office; 10' D x 14' W 2.4 1.03 Admin Assistant 140 1 140 Shared Private Office; 10' D x 14' W 2.4 1.04 Multi-Disciplinary Services Manager 140 1 140 Shared Private Office; 10' D x 14' W 2.4 1.05 Parenting Inside Out/Family Support Manager 140 1 140 Shared Private Office; 10' D x 14' W 2.4 1.06 BH/PIO Counselors 140 1 140 Shared Private Office; 10' D x 14' W 2.4 1.07 Transition Specialists 140 1 140 Shared Private Office; 10' D x 14' W 2.4 1.08 Job & Resource Developers 224 1 224 Shared Private Office; 14' D x 16' W 2.4 1.09 Hotel Space 25 6 150 Carrels 2.4 1.10 Storage Room - Supplies 96 1 96 8'' D x 12'' W' Workstations - Adult Education Programs 2.4 1.11 Hotel Space 25 12 300 Carrels 2.4 1.12 File Storage Room - Secure 96 1 96 8'' D x 12'' W' Common Support Areas 2.4 1.13 Conference Room 144 2 288 Capacity 6 Persons 2.4 1.14 Conference Room 264 1 264 Capacity 12 Persons 2.4 1.15 Break Room 300 1 300 2.4 1.16 Server Room 80 1 80 2.4 1.17 Staff Restrooms 50 2 100 1 Toilet/1 Lav TOTALS Subtotal - SF 2,906 Program Code:2.0 Circulation/Eff. Factor 35% Component:Programs and Academic Staff Support Areas Internal Circulation SF 1,017 Total Component SF 3,923 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 573 110 Contra Costa County California | Section L | Proposed Facility Functional Analysis 6. Facilities Space Allocation DSA, Inc.Page A.17 Contra Costa County, California West County Reentry and Treatment Facility BUILDING SPACE PROGRAM Program Code:3.0 Inmate Services Component:3.1 Inmate Visiting Component Unit Net Number Staff/Component Description Std. Quantity Square Feet Comments 3.1 0.00 3.1 1.01 Visitor Registration/Waiting/Security Screening Initial visitor reception, registration, and security processing will take place in existing Building 1 on the main WCDC Campus 3.1 1.02 Video-Visitation Area Video Terminal Station 28 20 To be provided in Existing Building 1 on the main WCDC Campus. Capacity 2 persons each; required quantity of stations assumptions: 3 stations per 64-bed unit; 2 stations per 32-bed unit Secure Perimeter Access 3.1 1.03 Contact Visiting Pedestrian Sallyport 192 1 192 Cap: 16 persons @ 12 SF ea. Sole access/egress point for all public and professional visitors entering the secure perimeter of WCRTF; provide CCTV monitoring and intercom; provide remote electronic control of two interlocking doors by RTF Security Control and Campus Central Control. 3.1 1.04 Non-Contact Visiting Pedestrian Sallyport 192 1 192 Cap: 16 persons @ 12 SF ea. Sole access/egress point for all public and professional visitors entering the secure perimeter of WCRTF; provide CCTV monitoring and intercom; provide remote electronic control of two interlocking doors by RTF Security Control and Campus Central Control. 3.1 1.05 Non-Contact Inmate Pedestrian Sallyport 80 1 80 Housing Unit Non-Contact Visitation Booths Reference Component 1.3 TOTALS Subtotal - SF 464 Program Code:3.0 Inmate Services Circulation/Eff. Factor 40% Component:3.1 Inmate Visiting Internal Circulation SF 186 Total Component SF 650 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 574 111 Contra Costa County California | Section L | Proposed Facility Functional Analysis 6. Facilities Space Allocation DSA, Inc.Page A.18 Contra Costa County, California West County Reentry and Treatment Facility BUILDING SPACE PROGRAM Program Code:3.0 Inmate Services Component:3.2 Medical/Psychiatric Services Component Unit Net Number Staff/Component Description Std. Quantity Square Feet Comments 3.2 0.00 Reception 3.2 0.01 Sallyport 80 1 80 3.2 0.02 Reception Area 108 1 108 Capacity 4 Persons Clinic - General Facilities 3.2 0.03 Exam Room 120 1 120 Include exam table, sink (with eyewash), casework with work surface, lockable cabinets above and below; vitals station. Include biohazard disposal unit. Glazing to provide visual surveillance, but high enough to provide privacy. Overhead exam light. 3.2 0.04 Toilet - Inmates 50 1 50 Tepid water, specialized ventilation; specimen collection 3.2 0.05 Medical Preparations/Storage Room 160 1 160 Secure; pill carts; locked cabinet for pharmaceuticals; miscellaneous medical supplies (bandages, wraps, etc.) 3.2 0.06 General Storage 160 1 160 Wheelchairs; stretchers; miscellaneous bulk items. Clinic - Specialized Facilities 3.2 0.07 X Ray Room 160 1 160 Low-level radiation; specialized electrical supply 3.2 0.08 Dialysis Room 160 1 160 Two dialysis stations Staff Administrative Area Visibility to reception area 3.2 0.09 Office - shared (Physician/Psychiatrist)140 1 140 Shared Private Office; 10' D x 14' W 3.2 0.10 RN/LVN Workstation 64 2 128 Partitioned Workstation; 8' D x 8' W 3.2 0.11 Psychiatric Workstation 48 1 48 Partitioned Workstation; 6' D x 8' W 3.2 0.12 Shared/Common Office Equipment Allowance 60 1 60 3.2 0.13 Toilet - Staff 50 1 50 Tepid water; specialized ventilation 3.2 0.14 Coffee Station 41 1 41 W/Sink, Cabinet Below 3.2 0.15 Janitorial/Storage Closet 50 1 50 Provide utility sink; vertical storage for mops, shelving for supplies. TOTALS Subtotal - SF 1,515 Program Code:Circulation/Eff. Factor 35% Component: 3.0 Inmate Services 3.2 Medical/Psychiatric Services Internal Circulation SF 530 Total Component SF 2,045 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 575 112 Contra Costa County California | Section L | Proposed Facility Functional Analysis 6. Facilities Space Allocation DSA, Inc.Page A.19 Contra Costa County, California West County Reentry and Treatment Facility BUILDING SPACE PROGRAM Program Code:4.0 Facilities Support Component:4.1 RTF Security Control Component Unit Net Number Staff/Component Description Std. Quantity Square Feet Comments 4.1 0.00 Security Control Support Areas All components located within staff secure zone. Locate "deep into the facility." Provide intrusion alarm 4.1 1.01 Sallyport 50 1 50 Electronically controlled (from Central Control Room, below) interlocking doors, security glazing vision panel in both doors. 4.1 1.02 Toilet - Staff 50 1 50 Single occupancy, unisex; specialized ventilation. 4.1 1.03 Security Electronics Equipment Room 100 1 100 Low voltage equipment 4.1 1.04 Security Control Room 320 Subtotal; Provide security glazing with lines of sight to as much of facility as possible, especially the Central Recreation Yard. 4.1 1.05 Duty Supervisor's/Shift Lt./Sgt. Workstation 64 1 64 Partitioned Workstation; 8' D x 8' W 4.1 1.06 Control Consoles 60 2 120 Provide monitors and controls for intercom, public address, telecommunications, personal alarms, IT connectivity. Central control will not control individual security doors to sleeping rooms within the units. 4.1 1.07 Shared Work counter 30 1 30 Fax, printer, shared work surface with movable chair 4.1 1.08 Common/Shared Office Equipment Allowance 80 1 80 Provide pass-through for radio distribution 4.1 1.09 Kitchenette - Small 26 1 26 Includes sink, casework above and below work counter, half height refrigerator, microwave 4.1 1.10 Storage Cabinet 14 1 14 Radios, chargers 4.1 1.11 Emergency Response Storage 80 1 80 911 rescue tool, CPR Mask, First Aid Kits, flex cuffs, restraints, stretchers TOTALS Subtotal - SF 614 Program Code:4.0 Facilities Support Circulation/Eff. Factor 35% Component:4.1 RTF Security Control Internal Circulation SF 215 Total Component SF 829 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 576 113 Contra Costa County California | Section L | Proposed Facility Functional Analysis 6. Facilities Space Allocation DSA, Inc.Page A.20 Contra Costa County, California West County Reentry and Treatment Facility BUILDING SPACE PROGRAM Program Code:4.0 Facilities Support Component:4.2 Maintenance Component Unit Net Number Staff/Component Description Std. Quantity Square Feet Comments 4.2 0.00 Maintenance Common Support Areas Loading Area 1 Exterior space - serves as single materials/service loading area for entire facility. Double-door only (roll-up door not required. 4.2 0.01 Deliveries Staging Area 120 1 120 Open area; adjacent to loading are 4.2 0.02 Building Maintenance Shop/Storage 340 Subtota l from below. Provide dedicated exhaust; concrete floor; open ceiling; special power, hot and cold water; drains, compressed air from overhead reels, charging station for electrical equipment 4.2 0.03 Work surface with Sink 28 1 28 4.2 0.04 Tool Storage Cabinets 12 4 48 Locking, 2-Door, 36"x 18"x 72" 4.2 0.05 Flammable Storage Cabinet 14 2 28 Locking, 2-Door, 36"x 18"x 72" 4.2 0.06 Storage Shelving 16 1 16 Open/Prefab Unit, 48"x 24"x 72" 4.2 0.07 Storage Cabinet 14 1 14 Locking, 2-Door, 36"x 18"x 72" 4.2 0.08 Open Area, Large Items/Work Area 200 1 200 4.2 0.09 Emergency Eyewash 6 1 6 4.0 0.10 Custodial Storage 200 Subtotal from below 4.0 0.11 Equipment Storage 80 1 80 Floor polishers, vacuums Supplies Storage 4.0 0.12 Chemical Storage Cabinets 14 4 56 Locking, 2-Door, 36"x 18"x 72" 4.0 0.13 Paper Products - Storage Shelving 16 4 64 Open/Prefab Unit, 48"x 24"x 72" TOTALS Subtotal - SF 660 Program Code:4.0 Facilities Support Circulation/Eff. Factor 15% Component:4.2 Maintenance Internal Circulation SF 99 Total Component SF 758 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 577 114 Contra Costa County California | Section L | Proposed Facility Functional Analysis 6. Facilities Space Allocation DSA, Inc.Page A.21 Contra Costa County, California West County Reentry and Treatment Facility BUILDING SPACE PROGRAM Program Code:4.0 Facilities Support Component:4.3 Logistics Component Unit Net Number Staff/Component Description Std. Quantity Square Feet Comments 4.3 0.00 4.3 1.01 Service Sallyport 120 2 240 Laundry, Food, Library Carts 4.3 1.02 Common Programs Area Sallyport 120 2 240 Access/Egress for WCDC Campus TOTALS Subtotal - SF 480 Program Code:4.0 Circulation/Eff. Factor Component:Logistics Internal Circulation SF Total Component SF 480 08.28.2015 February 7, 2017 Contra Costa County Board of Supervisors Minutes 578 560 Mission Street, Suite 900 San Francisco, CA 94105-2907 415.546.4200 hdrinc.com We practice increased use of sustainable materials and reduction of material use. © 2015 HDR, all rights reserved. February 7, 2017 Contra Costa County Board of Supervisors Minutes 579 West County Reentry and Mental Health Treatment Facility Contra Costa County Office of the Sheriff February 7th, 2017 Undersheriff Mike Casten Assistant Sheriff Matt Schuler Captain Tom Chalk February 7, 2017 Contra Costa County Board of Supervisors Minutes 580 Introduction •The goal to improve success and reduce recidivism requires change in all areas of the Criminal Justice System. •The Office of the Sheriff has approached Senate Bill 844 as a springboard to improve our entire jail system, and to help achieve this goal. •This is not a typical bed-replacement project. •This project is designed to maximize benefits to the greatest number of people throughout our entire jail system, not just the people to be housed in the new facility. February 7, 2017 Contra Costa County Board of Supervisors Minutes 581 Independent Needs Assessment •The research and analysis which supports the following report was completed by HDR (an independent firm) in August of 2015. •The Jail Needs Assessment (JNA) was developed to comply with California Code of Regulations (CCR) Title 24, Sec. 13-102(c) 2. •This report includes a summary of programming, treatment, and bed capacity projections for the year 2020, as described in the JNA. February 7, 2017 Contra Costa County Board of Supervisors Minutes 582 Senate Bill 844 Overview •A construction financing program that provides $250,000,000 in state lease-revenue bond financing to acquire, design, renovate, or construct adult local criminal justice facilities. •Counties must provide 10% matching funds. However, in-kind contributions offset a portion of the County’s cash requirement. •250,000,000 –Large counties: $70,000,000 (1) full award –Medium counties: $30,000,000 (1) full award –Small counties: $150,000,000 (6) full awards February 7, 2017 Contra Costa County Board of Supervisors Minutes 583 Senate Bill 844 Overview •Funding consideration shall be given to counties that are seeking to replace compacted, outdated, or unsafe housing capacity. •Funding consideration is given to counties that plan to provide adequate space for the provision of re-entry, program, and behavioral health treatment. •Counties must demonstrate that the construction of replacement cells will not add to the capacity of the County’s Jail System. •Funding is for construction only. It will not finance programming, behavioral health treatment, or personnel. February 7, 2017 Contra Costa County Board of Supervisors Minutes 584 Additional Considerations •Counties shall include space to provide onsite, in-person visitation that meets or exceeds Title 24 requirements. •Counties must include a description of efforts to address sexual abuse in its adult local criminal justice facility. •Counties must provide documentation evidencing CEQA compliance has been completed. February 7, 2017 Contra Costa County Board of Supervisors Minutes 585 Additional Considerations •Funding is limited to counties who have received partial funding or never received funding in the past (AB 900, SB 1022, or SB 863). •Counties are required to certify and covenant in writing that housing capacity will not be leased to anyone for ten years of construction completion (estimated June 2021). February 7, 2017 Contra Costa County Board of Supervisors Minutes 586 Overview of the County’s Current Jail System •The Office of the Sheriff’s Correctional System is comprised of three detention facilities, and one custody alternative facility. Martinez Detention Facility West County Detention Facility Marsh Creek Detention Facility Rated: Max / High Security Rated: Medium Security Rated: Minimum Security CAF Rated: N/A February 7, 2017 Contra Costa County Board of Supervisors Minutes 587 Demonstrated Need for the Reentry and Mental Health Treatment Facility (WRTH) •A large segment of Contra Costa’s incarcerated population consists of individuals who are required to reside at the Martinez Detention Facility (MDF). •The MDF was constructed in 1978 and it is outdated and overcrowded. •Originally designed for 384 people to reside in single occupancy cells. •The MDF is essentially devoid of program space. As such, there are very little educational, vocational, and reentry programs available to these individuals. •The MDF also serves as the de facto mental health facility, despite utter lack of suitability to meet this need. February 7, 2017 Contra Costa County Board of Supervisors Minutes 588 Suitability Study for Conversion to High Security Housing at Existing Facilities •HDR (among others) conducted a suitability study to determine the feasibility of converting existing housing into high security housing with ample treatment and reentry space (2007, 2011, 2015 JNAs). •Results of the study found such a project is not feasible for many reasons. February 7, 2017 Contra Costa County Board of Supervisors Minutes 589 Unfeasible Alternatives (MDF) •To renovate the MDF is not feasible, economical, or efficient. •The MDF is structurally unified. •The existing footprint does not allow for expansion upward or outward. •Lack of existing adequate program space. February 7, 2017 Contra Costa County Board of Supervisors Minutes 590 MDF Structural Pillars February 7, 2017 Contra Costa County Board of Supervisors Minutes 591 Martinez Detention Facility Mental Health Program Space February 7, 2017 Contra Costa County Board of Supervisors Minutes 592 Unfeasible Alternatives (WCDF) •To renovate the WCDF is not feasible, economical, or efficient. •The cells have no plumbing, as required for high security housing. •The cells have wooden doors and sheet rock walls. •Programs, visiting, and services are not located on the housing units. •The open campus style setting is not safe for the high security population. •Cells would not conform to Title 24 standards if plumbing added. •Court holding cells not located on the housing units. February 7, 2017 Contra Costa County Board of Supervisors Minutes 593 Site Context February 7, 2017 Contra Costa County Board of Supervisors Minutes 594 Unfeasible Alternatives (MCDF) •To renovate the MCDF is not feasible, economical, or efficient. •The infrastructure was built in the 1930’s, not suitable to handle a new 416 bed facility. •There are no cells at the MCDF. •The kitchen and laundry are not equipped to handle the population. •The rolling hill landscape is not feasible for the 118,907 sf WRTH footprint. •Programs and services are not located on the housing units. •The open farm style setting is not safe for the high security population. •Public transportation is over 2 hours each way. February 7, 2017 Contra Costa County Board of Supervisors Minutes 595 Limitations to Programs Offered at the MDF •Current Male Programs Offered at the MDF: •Independent Study •Religious Programs •Library Cart (delivery only) February 7, 2017 Contra Costa County Board of Supervisors Minutes 596 In Contrast February 7, 2017 Contra Costa County Board of Supervisors Minutes 597 West County Detention Facility Program Space February 7, 2017 Contra Costa County Board of Supervisors Minutes 598 West County Detention Facility Programs February 7, 2017 Contra Costa County Board of Supervisors Minutes 599 West County Detention Facility Program Space February 7, 2017 Contra Costa County Board of Supervisors Minutes 600 Current Programs Offered at the WCDF •Current Male Programs Offered at the WCDF: •Adult Basic Education •General Education Development •High School Diploma •Computer Applications and Web Design •D.E.U.C.E •ESL •Independent Study •Parenting Inside Out •Religious Programs •Library Program •Narcotics Anonymous •Alcoholics Anonymous •Batterer’s Workshop •CBO Reentry Services •AB109 Mentorship Program •Faith Based Services February 7, 2017 Contra Costa County Board of Supervisors Minutes 601 West County Detention Facility Campus February 7, 2017 Contra Costa County Board of Supervisors Minutes 602 Site Context February 7, 2017 Contra Costa County Board of Supervisors Minutes 603 Site Context February 7, 2017 Contra Costa County Board of Supervisors Minutes 604 Details of the Proposed Reentry and Treatment Facility •There will be seven high security rated housing units, totaling a maximum of 416 beds: •One Acute Services Unit (32 bed maximum capacity) for men with serious and persistent mental illness who cannot function in general population. •One Special Services Unit (64 bed maximum capacity) for men who are experiencing short-term episodes of decompensation, detox, or need stabilization. •Five Standard Housing Units (64 bed maximum capacity) for the remainder of the population housed in the new building. February 7, 2017 Contra Costa County Board of Supervisors Minutes 605 Details of the Proposed Reentry and Treatment Facility •All together, 25,000 sf of the new facility will be dedicated to vocational and rehabilitative programming, contact visiting for parents + children, non-contact visiting, and clinical and medical services: •Program/educational space within the 7 housing units •Rehabilitation and Reentry Services Center •Workforce Readiness Center •Family Visiting Center (contact visitation) •Non-Contact Visiting Center •Medical/Psychiatric Services Clinic February 7, 2017 Contra Costa County Board of Supervisors Minutes 606 Programs and Mental Health Treatment to be Added in the New Facility •The Rehabilitation and Reentry Program (R&R Program) will provide a comprehensive and integrated array of validated, evidence-based, trauma informed, cognitive behavioral treatment (CBT) services. •Expanded behavioral health services: •Cognitive Based Treatments such as Thinking for a Change •Moral Reconation Therapy (MRT) •Controlling Anger and Learning to Manage (CALM) •Dialectical Behavioral Therapy •Motivational Interviewing (MI) •Seeking Safety •Substance Use Disorder / Co-Occurring Disorder Treatment •Parenting Inside Out (PIO) and child contact visitation (Open to all WCDF) •Robust adult education and vocational classes (similar to those currently provided at WCDF) •Workforce Readiness February 7, 2017 Contra Costa County Board of Supervisors Minutes 607 Reentry Service Center/Building Support –Main Floor February 7, 2017 Contra Costa County Board of Supervisors Minutes 608 Overall Housing Unit –Main Floor ( February 7, 2017 Contra Costa County Board of Supervisors Minutes 609 Site Plan February 7, 2017 Contra Costa County Board of Supervisors Minutes 610 Regional Impacts •About 400 people will be moved out of the MDF, closing two housing units, reducing overcrowding, and allowing all cells to be returned to single - occupancy, as they were designed. •A total of 420 beds will be decommissioned at the MDF. •Some vacated space can be modestly repurposed as small meeting spaces for programs. •Full-time transition coaches and resource developers will be dedicated to people remaining at the MDF and MCDF. •In addition to the current women’s housing, a second unit at the WCDF will be exclusively dedicated to women with special needs. February 7, 2017 Contra Costa County Board of Supervisors Minutes 611 Preliminary Staffing Considerations •20 existing MDF Deputy Sheriff positions would be transferred to the proposed housing unit. The transfer would occur as a result of closing two housing units at the MDF. •Existing WCDF staff will be leveraged to provide supervision, administrative, and operational support for the proposed housing unit. •Six additional funded Deputy Sheriff and six Sheriff’s Aide positions would be required for safety and supervision. •Additional mental health clinicians, adult education staff, and medical staff will be required to expand services. •Existing CBOs and FBOs will be provided greater access. February 7, 2017 Contra Costa County Board of Supervisors Minutes 612 WCDF MDF,MCDF Total 1 0 1 $113,300 $113,300 1 0 1 $36,050 $36,050 1 0 1 $66,950 $66,950 1 0 1 $66,950 $66,950 6 4 10 $46,350 $463,500 3 3 6 $46,350 $278,100 3 2 5 $46,350 $231,750 1 0 1 $66,950 $66,950 17 9 26 $1,323,550 $321,250 $1,644,800 26 $32 $9,984 26 $50 $15,600 12 $100 $1,200 26 $250 $6,500 11 $814 $8,950 $20,000 $62,234 $200,218 $1,907,034 WCDF MDF,MCDF 2 0 2 $79,800 $159,600 $82,000 $241,600 WCDF MDF,MCDF 1 $225,000 $225,000 Full Time Psychiatrist 1 $525,000 $525,000 $750,000 $2,898,634 WCDF MDF,MCDF 6 0 6 $246,426 $1,478,556 6 0 6 $112,258 $673,548 $2,152,104 $2,152,104 $5,050,738 Salary and Benefits Total Cost: Total Estimated Annual Sheriff's Personnel Costs: TOTAL ESTIMATED NET ANNUAL PERSONNEL COSTS Jail to Communities Council meeting materials: $75/meeting/month Contra Costa County Office of the Sheriff Personnel Costs: Deputy Sheriff Salary and Benefits Sheriff's Aide Full Time Mental Health Clinician Salary and Benefits Total Cost Total Estimated Annual Program Personnel Costs: Full Time Certificated Teach - Step 7 Benefits @ 53% Total Costs Mental Health Practitioner Costs - CCC Detention Mental Health: Office Supplies: $32 per FTE per month Communications: Cell Phones @ $50/month FTE Staff Training: $250/FTE/yr Staff Travel $0.565/mile @ 300 miles/mo for Job & Res. Dev.& Trns. spcs Contract Grant Writer Operating Costs Indirect @ 12% Total Costs Academic/Vocational Personnel Costs - CCCOE: Personnel Before Benefits Program Personnel - Office of Rehabilitative & Behavioral Services: Director of Rehabilitative and Behavioral Services, LCSW Admin Assistant Multi-Disciplinary Services Manager. LCSW Parenting Inside Out/Family Support Manager, LCSW Behavioral Health & Parenting Inside Out Counselors (Inside) Job and Resource Developers (Primarily Outside) Transition Specialists (Inside & Outside) Data & Evaluation Manager Personnel Before Benefits Benefits @ 25% February 7, 2017 Contra Costa County Board of Supervisors Minutes 613 The Sheriff’s Commitment to not add Jail Beds •The County has one of the most robust alternative to custody and pre-trial release program in the State (over 380 on CAF and 350 pre-trial). •The Sheriff’s progressive cite and release policy will remain unchanged. •The MDF 10 year ADP does not support an anticipated increase in the MDF population. •The Sheriff will request the BSCC to audit the MDF bed count annually. February 7, 2017 Contra Costa County Board of Supervisors Minutes 614 Jail to Communities Philosophy •The Sheriff’s Office will form a Jail to Community Collaborative Council: •Working with the County’s Office of Reentry and Justice (ORJ), the Sheriff’s Office will form a Jail to Community Collaborative Council to improve the ways that multiple agencies and nonprofit organizations work together to improve outcomes for incarcerated people. February 7, 2017 Contra Costa County Board of Supervisors Minutes 615 Conclusion •Contra Costa County has demonstrated an urgent need for new housing unit replacement. The need was recognized over a decade ago. •This is a room replacement project (420 beds will close). •The facility is designed to provide individuals returning to the community the reentry programs and behavioral health treatment they desperately need. •The proposed West County Reentry and Mental Health Treatment facility will have a major impact in jail reform, and also have a long term positive impact to our shared community. February 7, 2017 Contra Costa County Board of Supervisors Minutes 616 February 7, 2017 Contra Costa County Board of Supervisors Minutes 617 February 7, 2017 Contra Costa County Board of Supervisors Minutes 618 February 7, 2017 Contra Costa County Board of Supervisors Minutes 619 February 7, 2017 Contra Costa County Board of Supervisors Minutes 620 February 7, 2017 Contra Costa County Board of Supervisors Minutes 621 February 7, 2017 Contra Costa County Board of Supervisors Minutes 622 February 7, 2017 Contra Costa County Board of Supervisors Minutes 623 February 7, 2017 Contra Costa County Board of Supervisors Minutes 624 February 7, 2017 Contra Costa County Board of Supervisors Minutes 625 February 7, 2017 Contra Costa County Board of Supervisors Minutes 626 February 7, 2017 Contra Costa County Board of Supervisors Minutes 627 February 7, 2017 Contra Costa County Board of Supervisors Minutes 628 February 7, 2017 Contra Costa County Board of Supervisors Minutes 629 February 7, 2017 Contra Costa County Board of Supervisors Minutes 630 February 7, 2017 Contra Costa County Board of Supervisors Minutes 631 February 7, 2017 Contra Costa County Board of Supervisors Minutes 632 February 7, 2017 Contra Costa County Board of Supervisors Minutes 633 February 7, 2017 Contra Costa County Board of Supervisors Minutes 634 February 7, 2017 Contra Costa County Board of Supervisors Minutes 635 February 7, 2017 Contra Costa County Board of Supervisors Minutes 636 February 7, 2017 Contra Costa County Board of Supervisors Minutes 637 February 7, 2017 Contra Costa County Board of Supervisors Minutes 638 February 7, 2017 Contra Costa County Board of Supervisors Minutes 639 February 7, 2017 Contra Costa County Board of Supervisors Minutes 640 February 7, 2017 Contra Costa County Board of Supervisors Minutes 641 February 7, 2017 Contra Costa County Board of Supervisors Minutes 642 February 7, 2017 Contra Costa County Board of Supervisors Minutes 643 February 7, 2017 Contra Costa County Board of Supervisors Minutes 644 February 7, 2017 Contra Costa County Board of Supervisors Minutes 645 February 7, 2017 Contra Costa County Board of Supervisors Minutes 646 February 7, 2017 Contra Costa County Board of Supervisors Minutes 647 February 7, 2017 Contra Costa County Board of Supervisors Minutes 648 February 7, 2017 Contra Costa County Board of Supervisors Minutes 649 February 7, 2017 Contra Costa County Board of Supervisors Minutes 650 February 7, 2017 Contra Costa County Board of Supervisors Minutes 651 February 7, 2017 Contra Costa County Board of Supervisors Minutes 652 February 7, 2017 Contra Costa County Board of Supervisors Minutes 653 February 7, 2017 Contra Costa County Board of Supervisors Minutes 654 February 7, 2017 Contra Costa County Board of Supervisors Minutes 655 February 7, 2017 Contra Costa County Board of Supervisors Minutes 656 February 7, 2017 Contra Costa County Board of Supervisors Minutes 657 February 7, 2017 Contra Costa County Board of Supervisors Minutes 658 February 7, 2017 Contra Costa County Board of Supervisors Minutes 659 February 7, 2017 Contra Costa County Board of Supervisors Minutes 660 February 7, 2017 Contra Costa County Board of Supervisors Minutes 661 February 7, 2017 Contra Costa County Board of Supervisors Minutes 662 February 7, 2017 Contra Costa County Board of Supervisors Minutes 663 February 7, 2017 Contra Costa County Board of Supervisors Minutes 664 February 7, 2017 Contra Costa County Board of Supervisors Minutes 665 February 7, 2017 Contra Costa County Board of Supervisors Minutes 666 February 7, 2017 Contra Costa County Board of Supervisors Minutes 667 February 7, 2017 Contra Costa County Board of Supervisors Minutes 668 February 7, 2017 Contra Costa County Board of Supervisors Minutes 669 February 7, 2017 Contra Costa County Board of Supervisors Minutes 670 February 7, 2017 Contra Costa County Board of Supervisors Minutes 671 February 7, 2017 Contra Costa County Board of Supervisors Minutes 672 February 7, 2017 Contra Costa County Board of Supervisors Minutes 673 February 7, 2017 Contra Costa County Board of Supervisors Minutes 674 February 7, 2017 Contra Costa County Board of Supervisors Minutes 675 February 7, 2017 Contra Costa County Board of Supervisors Minutes 676 February 7, 2017 Contra Costa County Board of Supervisors Minutes 677 February 7, 2017 Contra Costa County Board of Supervisors Minutes 678 February 7, 2017 Contra Costa County Board of Supervisors Minutes 679 February 7, 2017 Contra Costa County Board of Supervisors Minutes 680 February 7, 2017 Contra Costa County Board of Supervisors Minutes 681 February 7, 2017 Contra Costa County Board of Supervisors Minutes 682 February 7, 2017 Contra Costa County Board of Supervisors Minutes 683 February 7, 2017 Contra Costa County Board of Supervisors Minutes 684 February 7, 2017 Contra Costa County Board of Supervisors Minutes 685 February 7, 2017 Contra Costa County Board of Supervisors Minutes 686 February 7, 2017 Contra Costa County Board of Supervisors Minutes 687 February 7, 2017 Contra Costa County Board of Supervisors Minutes 688 February 7, 2017 Contra Costa County Board of Supervisors Minutes 689 February 7, 2017 Contra Costa County Board of Supervisors Minutes 690 February 7, 2017 Contra Costa County Board of Supervisors Minutes 691 February 7, 2017 Contra Costa County Board of Supervisors Minutes 692 February 7, 2017 Contra Costa County Board of Supervisors Minutes 693 February 7, 2017 Contra Costa County Board of Supervisors Minutes 694 February 7, 2017 Contra Costa County Board of Supervisors Minutes 695 February 7, 2017 Contra Costa County Board of Supervisors Minutes 696 February 7, 2017 Contra Costa County Board of Supervisors Minutes 697 February 7, 2017 Contra Costa County Board of Supervisors Minutes 698 February 7, 2017 Contra Costa County Board of Supervisors Minutes 699 February 7, 2017 Contra Costa County Board of Supervisors Minutes 700 February 7, 2017 Contra Costa County Board of Supervisors Minutes 701 February 7, 2017 Contra Costa County Board of Supervisors Minutes 702 February 7, 2017 Contra Costa County Board of Supervisors Minutes 703 February 7, 2017 Contra Costa County Board of Supervisors Minutes 704 February 7, 2017 Contra Costa County Board of Supervisors Minutes 705 February 7, 2017 Contra Costa County Board of Supervisors Minutes 706 February 7, 2017 Contra Costa County Board of Supervisors Minutes 707 February 7, 2017 Contra Costa County Board of Supervisors Minutes 708 February 7, 2017 Contra Costa County Board of Supervisors Minutes 709 February 7, 2017 Contra Costa County Board of Supervisors Minutes 710 February 7, 2017 Contra Costa County Board of Supervisors Minutes 711 February 7, 2017 Contra Costa County Board of Supervisors Minutes 712 February 7, 2017 Contra Costa County Board of Supervisors Minutes 713 February 7, 2017 Contra Costa County Board of Supervisors Minutes 714 February 7, 2017 Contra Costa County Board of Supervisors Minutes 715 February 7, 2017 Contra Costa County Board of Supervisors Minutes 716 February 7, 2017 Contra Costa County Board of Supervisors Minutes 717 February 7, 2017 Contra Costa County Board of Supervisors Minutes 718 February 7, 2017 Contra Costa County Board of Supervisors Minutes 719 February 7, 2017 Contra Costa County Board of Supervisors Minutes 720 February 7, 2017 Contra Costa County Board of Supervisors Minutes 721 February 7, 2017 Contra Costa County Board of Supervisors Minutes 722 February 7, 2017 Contra Costa County Board of Supervisors Minutes 723 February 7, 2017 Contra Costa County Board of Supervisors Minutes 724 February 7, 2017 Contra Costa County Board of Supervisors Minutes 725 February 7, 2017 Contra Costa County Board of Supervisors Minutes 726 February 7, 2017 Contra Costa County Board of Supervisors Minutes 727 February 7, 2017 Contra Costa County Board of Supervisors Minutes 728 February 7, 2017 Contra Costa County Board of Supervisors Minutes 729 February 7, 2017 Contra Costa County Board of Supervisors Minutes 730 February 7, 2017 Contra Costa County Board of Supervisors Minutes 731 February 7, 2017 Contra Costa County Board of Supervisors Minutes 732 February 7, 2017 Contra Costa County Board of Supervisors Minutes 733 February 7, 2017 Contra Costa County Board of Supervisors Minutes 734 February 7, 2017 Contra Costa County Board of Supervisors Minutes 735 February 7, 2017 Contra Costa County Board of Supervisors Minutes 736 February 7, 2017 Contra Costa County Board of Supervisors Minutes 737 February 7, 2017 Contra Costa County Board of Supervisors Minutes 738 February 7, 2017 Contra Costa County Board of Supervisors Minutes 739 RECOMMENDATION(S): AUTHORIZE the Public Works Director, or designee, to advertise the Countywide Trash Capture Project, Project No. 7517-6W7085, for the manufacturing and installation of full trash capture units in 154 inlets, Countywide. (100% Stormwater Utility Assessment (SUA) 17 Funds). FISCAL IMPACT: The Countywide Trash Capture Project is to be funded by 100% Stormwater Utility Assessment 17 Funds BACKGROUND: On November 18, 2015 the San Francisco Water Board issued the second Bay Area wide stormwater permit, called the Municipal Regional NPDES Permit (MRP 2), to the Contra Costa Countywide Stormwater Program. Within the MRP 2 is a new requirement to reduce the amount of litter and trash from entering local streams, the Delta, and the Bay by 70% by 2017, 80% by 2018, and 100% by 2022. In order to meet these requirements, the Public Works Department will be installing 154 full trash capture units countywide. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Carl Roner, 925-313-7009 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 1 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 7, 2017 Contra Costa County Subject:Advertise the Countywide Trash Capture Project February 7, 2017 Contra Costa County Board of Supervisors Minutes 740 CONSEQUENCE OF NEGATIVE ACTION: The County will be unable to meet the 70% trash reduction requirement. February 7, 2017 Contra Costa County Board of Supervisors Minutes 741 RECOMMENDATION(S): APPROVE the Bel Air Trail Crossing Project and related actions under the California Environmental Quality Act, and AUTHORIZE the Public Works Director, or designee, to advertise the Project. Bay Point area. [County Project No.0676-6P1025, DCD-CP#16- 58] (District V). DETERMINE the Project is a California Environmental Quality Act (CEQA), Class 1(c) Categorical Exemption, pursuant to Article 19, Section 15301 of the CEQA Guidelines, and DIRECT the Director of Conservation and Development to file a Notice of Exemption with the County Clerk, and AUTHORIZE the Public Works Director or designee to arrange for payment of a $25 fee to Conservation and Development for processing, and a $50 fee to the County Clerk for filing the Notice of Exemption. ADOPT Resolution No.2017/30 to APPROVE and AUTHORIZE the Public Works Director, or designee, to submit a 2017/2018 Transportation Development Act (TDA) Grant Application to the Metropolitan Transportation Commission in the total amount of $150,000 for the fiscal year 2016/2017 for the Bel Air Trail Crossing Project (Project). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Leigh Chavez, 925-313-2366 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 2 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 7, 2017 Contra Costa County Subject:APPROVE the Bel Air Trail Crossing Project and related actions under the California Environmental Quality Act, Bay Point area. (District V) February 7, 2017 Contra Costa County Board of Supervisors Minutes 742 FISCAL IMPACT: 65% Local Road Funds and 35% Transportation Development Act Funds. BACKGROUND: The purpose of this project is to improve pedestrian access and safety at three Bel Air Trail crossings near Bel Air Elementary School in the area of Bay Point. The project proposes to add approximately 120 feet of sidewalk as well as 8 foot wide paved shoulders on both the east and west side of Madison Avenue. Signage and two to three pedestrian actuated Rectangular Rapid Flash Beacons (RRFBs) are proposed at the trail crossings on Madison Avenue, Cleveland Avenue and Franklin Avenue. Striping will also be added to restrict parking and U-turns on Madison Avenue (Figures 3-4). Bel Air Elementary School has a rear entrance adjacent to the intersection of the Bel Air Trail and Madison Avenue. During drop off and pick up times at school, double parking often becomes problematic at this intersection. This vehicle activity surrounding the trail crossing blocks visibility of students on the trail at the street crossings. By creating a dedicated sidewalk and shoulder at the trail crossing while signing the area as no parking from 7 a.m. to 9 a.m. and prohibiting U-Turns, the student on the trail may cross the roadway more safety. Curb extensions or “bulb outs” are proposed to shorten the crossing distance for pedestrians, calm traffic and make pedestrians more visible to motorists. These measures will increase pedestrian safety during the heavy morning and afternoon peak traffic as well as increase driver awareness on the trail throughout the day and tie in to the existing trail facility. Vegetation removal and tree trimming may be necessary. Real Property transactions, including right-of-way acquisition may be necessary in support of this project. Utility relocations may also be required. CONSEQUENCE OF NEGATIVE ACTION: Delay in approving the project may result in a delay of design and construction, and may jeopardize funding. AGENDA ATTACHMENTS Resolution No. 2017/30 MTC Resolution TDA Application Bel Air Trail Revised 430k CEQA document MINUTES ATTACHMENTS Signed Resolution No. 2017/30 February 7, 2017 Contra Costa County Board of Supervisors Minutes 743 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/07/2017 by the following vote: AYE: John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2017/30 IN THE MATTER OF approving and authorizing the Public Works Director, or designee, to submit a 2017/2018 Transportation Development Act Grant Application to the Metropolitan Transportation Commission in the total amount of $150,000, for the Bel Air Trail Crossing Project, Bay Point area. WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 875, Revised, entitled “Transportation Development Act, Article 3, Pedestrian/Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and WHEREAS, MTC Resolution No. 875, Revised requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and WHEREAS, Contra Costa County Public Works desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; now, therefore, be it NOW, THEREFORE, BE IT RESOLVED, that Contra Costa County Public Works declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code, and furthermore, be it RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of the Contra Costa County Public Works to carry out the project; and furthermore, be it RESOLVED, that Contra Costa County Public Works attests to the accuracy of and approves the statements in Attachment A to this resolution; and furthermore, be it RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, Countywide Transportation Planning Agency, or County Association of Governments, as the case may be, of Contra Costa County for submission to MTC as part of the countywide coordinated TDA Article 3 claim. Contact: Leigh Chavez, 925-313-2366 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: 5 February 7, 2017 Contra Costa County Board of Supervisors Minutes 744 October 2014 TDA Article 3 Model Resolution for Claimants Page 5 Resolution No. 2017/xx Attachment A Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2017/2018 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings Page 1 of 1 1. That the COUNTY OF CONTRA COSTA is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the COUNTY OF CONTRA COSTA legally impeded from undertaking the project(s) described in “Attachment B” of this resolution. 2. That the COUNTY OF CONTRA COSTA has committed adequate staffing resources to complete the project(s) described in Attachment B. 3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s). 4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested. 5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.). 6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s). 7. That the project(s) described in Attachment B are for capital construction and/or design engineering; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the COUNTY OF CONTRA COSTA within the prior five fiscal years. 8. That the project(s) described in Attachment B is included in a locally approved bicycle, pedestrian, transit, multimodal, complete streets, or other relevant plan. 9. That any project described in Attachment B that is a bikeway meets the mandatory minimum safety design criteria published in Chapter 1000 of the California Highway Design Manual. 10. That the project(s) described in Attachment B will be completed before the funds expire. 11. That the COUNTY OF CONTRA COSTA agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public. February 7, 2017 Contra Costa County Board of Supervisors Minutes 745 February 7, 2017 Contra Costa County Board of Supervisors Minutes 746 Resolution No. 2017/30 Attachment B page TBD of TBD TDA Article 3 Project Application Form Fiscal Year of this Claim:2017/2018 Applicant: Contra Costa County Public Works Department Contact person: Angela Villar Mailing Address: 255 Glacier Drive, Martinez CA 94553 E-Mail Address: angela.villar@pw.cccounty.us Telephone: 925-313-2016 Secondary Contact (in event primary not available): Larry Leong E-Mail Address: larry.leong@pw.cccounty.us Telephone: 925-313-2026 Short Title Description of Project: Bel Air Trail Crossing Project Amount of claim: $150,000 Functional Description of Project: The purpose of this project is to improve pedestrian access and safety around the Bel Air Trail crossing at Madison Avenue by adding sidewalks, bulb-outs, and paved shoulders. Three Rectangular Rapid Flash Beacons (RRFBs) will also be added at Bel Air trail crossings at Madison Avenue, Cleveland Avenue and Franklin Avenue. Financial Plan: List the project elements for which TDA funding is being requested (e.g., planning, engineering, construction, contingency). Use the table below to show the project budget for the phase being funded or total project. Include prior and proposed future funding of the project. Planning funds may only be used for comprehensive bicycle and pedestrian plans. Project level planning is not an eligible use of TDA Article 3. Project Elements: Engineering and Construction Funding Source All Prior FYs Application FY Next FY Following FYs Totals TDA Article 3 $150,000 $150,000 list all other sources: 1. Local Road Funds $280,000 $280,000 2. 3. 4. Totals $430,000 $430,000 Project Eligibility: YES?/NO? A. Has the project been approved by the claimant's governing body? (If "NO," provide the approx imate date approval is anticipated). (February 7,2017) PENDING B. Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on a separate page. NO C. For "bikeways," does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California Highway Design Manual? (Available on the internet via: http://www.dot.ca.gov). YES D. Has the project been reviewed by a Bicycle Advisory Committee (BAC)? (If "NO," provide an explanation). Enter date the project was reviewed by the BAC: December 7, 2015 and December 12, 2016 YES E. Has the public availability of the environmental compliance documentation for the project (pursuant to CEQA) been evidenced by the dated stamping of the document by the county clerk or county recorder? (required only for projects that include construction). (February 7,2017) PENDING F. Will the project be completed before the allocation expires? Enter the anticipated completion date of project (month and year) 12/2019 YES G. Have provisions been made by the claimant to maintain the project or facility, or has the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility provide its name: ) YES February 7, 2017 Contra Costa County Board of Supervisors Minutes 747 October 2014 Model resolution for TDA Article 3 County Administrators Page 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 748 February 7, 2017 Contra Costa County Board of Supervisors Minutes 749 February 7, 2017 Contra Costa County Board of Supervisors Minutes 750 February 7, 2017 Contra Costa County Board of Supervisors Minutes 751 February 7, 2017 Contra Costa County Board of Supervisors Minutes 752 February 7, 2017 Contra Costa County Board of Supervisors Minutes 753 February 7, 2017Contra Costa County Board of Supervisors Minutes754 RECOMMENDATION(S): APPROVE the Parker Avenue Pedestrian Improvement Project in Rodeo (Project) and AUTHORIZE the Public Works Director, or designee, to advertise the Project, Rodeo area(s). [County Project No.WO1025, DCD-CP#16-56] (District V), and DETERMINE the Project is a California Environmental Quality Act (CEQA), Class 15301(c) Categorical Exemption, pursuant to Article 19, Section 15301 (c) of the CEQA Guidelines, and DIRECT the Director of Conservation and Development to file a Notice of Exemption with the County Clerk, and AUTHORIZE the Public Works Director, or designee, to arrange for payment of a $25 fee to Conservation and Development for processing, and a $50 fee to the County Clerk for filing the Notice of Exemption, and ADOPT Resolution No. 2017/32 to APPROVE and AUTHORIZE the Public Works Director, or designee, to submit a 2017/2018 Transportation Development Act (TDA) Grant Application to the Metropolitan Transportation Commission in the total amount of $100,000, for the fiscal year 2016/2017 for the Parker Avenue Pedestrian Improvement Project In Rodeo. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Leigh Chavez, 925-313-2366 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 4 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 7, 2017 Contra Costa County Subject:APPROVE the Parker Avenue Pedestrian Improvement Project in Rodeo (Project) and related actions under CEQA. February 7, 2017 Contra Costa County Board of Supervisors Minutes 755 FISCAL IMPACT: 60% Transportation Development Act (TDA) Funds, 40% Local Road Funds. BACKGROUND: The purpose of the Project is to improve pedestrian safety and accessibility at the project intersection. The improvements will provide access between the nearby homes, Rodeo Hills Elementary School, Lefty Gomez Recreation Center and Ball Field on the west side of Parker Avenue, and the grocery store, bank, housing, and bus stop on the east side of Parker Avenue. Project components include completing a segment of missing sidewalk and gutter (28-feet long by 4-feet wide), installation of two curb bulb-outs, two Americans with Disabilities Act (ADA) curb ramps (one on each side of the cross walk), and three rectangular flashing beacons. In addition, the Project will install two new storm drain inlets and 18-inch storm drain laterals to connect the new inlets to the existing storm drain system. Real Property transactions may be necessary in support of this Project. Utility relocations may be necessary. Temporary full or partial lane closures may be necessary during construction. In the event lane closures are necessary, traffic control will be implemented, one lane will remain open and emergency vehicles and property owners will have access at all times. Tree and vegetation trimming may be necessary. If trimming or construction is conducted during the breeding season for migratory birds and raptors (generally February 15 through August 31), a nesting bird survey will be conducted prior to construction. Best management practices (BMPs) will be implemented during construction to protect storm drain inlets. CONSEQUENCE OF NEGATIVE ACTION: Delay in approving the project may result in a delay of design and construction, and may jeopardize funding. AGENDA ATTACHMENTS Resolution No. 2017/32 MTC TDA Resolution TDA Reso 2017 Parker Avenue Ped Imp CEQA MINUTES ATTACHMENTS Signed Resolution No. 2017/32 February 7, 2017 Contra Costa County Board of Supervisors Minutes 756 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/07/2017 by the following vote: AYE: John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2017/32 IN THE MATTER OF APPROVING and AUTHORIZING the Public Works Director, or designee, to submit a 2017/2018 Transportation Development Act Grant Application to the Metropolitan Transportation Commission in the total amount of $100,000, for the Parker Avenue Pedestrian Improvement Project In Rodeo, Rodeo area. WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a Regional Transportation Planning Agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 875, Revised, entitled “Transportation Development Act, Article 3, Pedestrian/Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and WHEREAS, MTC Resolution No. 875, Revised requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and WHEREAS, Contra Costa County Public Works desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; now, therefore, be it NOW, THEREFORE, BE IT RESOLVED, that Contra Costa County Public Works declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code, and furthermore, be it RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of Contra Costa County Public Works to carry out the project; and furthermore, be it RESOLVED, that Contra Costa County Public Works attests to the accuracy of and approves the statements in Attachment A to this resolution; and furthermore, be it RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the Congestion Management Agency, Countywide Transportation Planning Agency, or County Association of Governments, as the case may be, of Contra Costa County for submission to MTC as part of the countywide coordinated TDA Article 3 claim. Contact: Leigh Chavez, 925-313-2366 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: 5 February 7, 2017 Contra Costa County Board of Supervisors Minutes 757 February 7, 2017 Contra Costa County Board of Supervisors Minutes 758 October 2014 TDA Article 3 Model Resolution for Claimants Page 5 Resolution No. 2017/xx Attachment A Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2017/2018 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings Page 1 of 1 1. That the COUNTY OF CONTRA COSTA is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the COUNTY OF CONTRA COSTA legally impeded from undertaking the project(s) described in “Attachment B” of this resolution. 2. That the COUNTY OF CONTRA COSTA has committed adequate staffing resources to complete the project(s) described in Attachment B. 3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s). 4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested. 5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.). 6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s). 7. That the project(s) described in Attachment B are for capital construction and/or design engineering; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the COUNTY OF CONTRA COSTA within the prior five fiscal years. 8. That the project(s) described in Attachment B is included in a locally approved bicycle, pedestrian, transit, multimodal, complete streets, or other relevant plan. 9. That any project described in Attachment B that is a bikeway meets the mandatory minimum safety design criteria published in Chapter 1000 of the California Highway Design Manual. 10. That the project(s) described in Attachment B will be completed before the funds expire. 11. That the COUNTY OF CONTRA COSTA agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public. February 7, 2017 Contra Costa County Board of Supervisors Minutes 759 February 7, 2017 Contra Costa County Board of Supervisors Minutes 760 February 7, 2017 Contra Costa County Board of Supervisors Minutes 761 February 7, 2017 Contra Costa County Board of Supervisors Minutes 762 February 7, 2017 Contra Costa County Board of Supervisors Minutes 763 February 7, 2017 Contra Costa County Board of Supervisors Minutes 764 February 7, 2017 Contra Costa County Board of Supervisors Minutes 765 February 7, 2017 Contra Costa County Board of Supervisors Minutes 766 RECOMMENDATION(S): APPROVE the Walnut Creek Crosswalk Improvements Project (Project) and AUTHORIZE the Public Works Director, or designee, to advertise the Project, unincorporated Walnut Creek area(s). [County Project No.WO1025, DCD-CP#16-57] (Districts II,IV). DETERMINE the Project is a California Environmental Quality Act (CEQA), Class 15301(c) Categorical Exemption, pursuant to Article 19, Section 15301 (c) of the CEQA Guidelines, and DIRECT the Director of Conservation and Development to file a Notice of Exemption with the County Clerk, and AUTHORIZE the Public Works Director or designee to arrange for payment of a $25 fee to Conservation and Development for processing, and a $50 fee to the County Clerk for filing the Notice of Exemption. ADOPT Resolution No.2017/31 to APPROVE and AUTHORIZE the Public Works Director, or designee, to submit a 2017/2018 Transportation Development Act (TDA) Grant Application to the Metropolitan Transportation Commission in the total amount of $78,500, for the fiscal year 2016/2017 for the Walnut Creek Crosswalk Improvements Project. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Leigh Chavez, 925-313-2366 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 3 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 7, 2017 Contra Costa County Subject:APPROVE the Walnut Creek Crosswalk Improvements Project and related actions under the California Environmental Quality Act (District II and IV) February 7, 2017 Contra Costa County Board of Supervisors Minutes 767 FISCAL IMPACT: 70% Federal Highway Safety Improvement Program (HSIP) Funds, 30% Transportation Development Act (TDA) Funds. BACKGROUND: The Project consists of installing rectangular rapid flashing beacons (RRFB), for crosswalks at the intersections of Olympic Boulevard and Bridgefield Road, and Walden Road and Westcliffe Lane. The Olympic/Bridgefield location will also have an advance RRFB due to a curve in the roadway. In addition to the RRFBs, at the Olympic/Bridgefield location a landing area will be constructed on the north side of the crossing with an Americans with Disabilities Act (ADA) accessible curb ramp and detectable warning surface to alert users that they are entering the roadway. At the south side of the crossing, a detectable warning surface will be installed that will tie into the existing Olympic Corridor Trail. Construction of the landing area on the north side may require partial removal of a fence and ivy. The Walden/Westcliffe improvements will include a passive detection system for the RRFBs and detectable warning surfaces will be installed on both sides of the crossing. The Walden/Westcliffe improvements will tie into the existing Iron Horse Trail. Maximum excavation will be approximately three feet for installation of RRFBs. Real Property transactions may be necessary in support of the project. Utility relocations may be necessary. Temporary full or partial lane closures may be necessary during construction. If closures are necessary, traffic control will be implemented. At least one lane will remain open and emergency vehicles and property owners will have access at all times. No tree removal is anticipated however, some vegetation removal may be necessary. In addition, trees and vegetation may need to be trimmed. If tree roots are impacted during construction, they will be cut cleanly. If construction, or disturbance to trees or vegetation is conducted during the breeding season for migratory birds and raptors (generally February 15 through August 31), a nesting bird survey will be conducted prior to construction. Best management practices (BMPs) will be implemented during construction to protect storm drain inlets. General Plan Conformance will be necessary from the City of Walnut Creek. CONSEQUENCE OF NEGATIVE ACTION: Delay in approving the project may result in a delay of design and construction, and may jeopardize funding. AGENDA ATTACHMENTS Resolution No. 2017/31 MTC TDA Resolution 02-TDA App form split 02-TDA App form split Walnut Creek Crosswalk CEQA MINUTES ATTACHMENTS Signed Resolution No. 2017/31 February 7, 2017 Contra Costa County Board of Supervisors Minutes 768 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/07/2017 by the following vote: AYE: John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2017/31 IN THE MATTER OF APPROVING and AUTHORIZING the Public Works Director, or designee, to submit a 2017/2018 Transportation Development Act Grant Application to the Metropolitan Transportation Commission in the total amount of $78,500, for the Walnut Creek Crosswalk Improvements Project, Walnut Creek area. WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 875, Revised, entitled “Transportation Development Act, Article 3, Pedestrian/Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and WHEREAS, MTC Resolution No. 875, Revised requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and WHEREAS, Contra Costa County Public Works desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; NOW, THEREFORE, BE IT RESOLVED, that Contra Costa County Public Works declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code, and furthermore, be it RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of Contra Costa County Public Works to carry out the project; and furthermore, be it RESOLVED, that Contra Costa County Public Works attests to the accuracy of and approves the statements in Attachment A to this resolution; and furthermore, be it RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the Congestion Management Agency, Countywide Transportation Planning Agency, or County Association of Governments, as the case may be, of Contra Costa County for submission to MTC as part of the countywide coordinated TDA Article 3 claim. Contact: Leigh Chavez, 925-313-2366 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: 5 February 7, 2017 Contra Costa County Board of Supervisors Minutes 769 February 7, 2017 Contra Costa County Board of Supervisors Minutes 770 February 7, 2017 Contra Costa County Board of Supervisors Minutes 771 February 7, 2017 Contra Costa County Board of Supervisors Minutes 772 February 7, 2017 Contra Costa County Board of Supervisors Minutes 773 February 7, 2017 Contra Costa County Board of Supervisors Minutes 774 February 7, 2017 Contra Costa County Board of Supervisors Minutes 775 February 7, 2017 Contra Costa County Board of Supervisors Minutes 776 February 7, 2017 Contra Costa County Board of Supervisors Minutes 777 February 7, 2017 Contra Costa County Board of Supervisors Minutes 778 February 7, 2017 Contra Costa County Board of Supervisors Minutes 779 February 7, 2017 Contra Costa County Board of Supervisors Minutes 780 February 7, 2017 Contra Costa County Board of Supervisors Minutes 781 RECOMMENDATION(S): ADOPT Resolution No. 2017/34 accepting the Grant Deed of Development Rights for minor subdivision MS05-00008, for a project being developed by Phillip and Karla Storrer, as recommended by the Public Works Director, Brentwood area. (District III) FISCAL IMPACT: No fiscal impact. BACKGROUND: The Grant Deed of Development Rights is required per Condition of Approval No. 3 of PC14-00004, a permit modifying the Conditions of Approval for minor subdivision MS05-00008. CONSEQUENCE OF NEGATIVE ACTION: The Grant Deed of Development Rights will not be recorded. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jocelyn LaRocque, 925-313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 7 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 7, 2017 Contra Costa County Subject:ACCEPT Grant Deed of Development Rights for minor subdivision MS05-00008, Brentwood area. February 7, 2017 Contra Costa County Board of Supervisors Minutes 782 AGENDA ATTACHMENTS Resolution No. 2017/34 Grant Deed of Development Rights MS05-0008 MINUTES ATTACHMENTS Signed Resolution No. 2017/34 Signed Grant Deed of Dev Rights February 7, 2017 Contra Costa County Board of Supervisors Minutes 783 Recorded at the request of:Jocelyn LaRocque Return To:Naila Thrower THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/07/2017 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorDiane Burgis, District III SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2017/34 IN THE MATTER OF accepting the Grant Deed of Development Rights for minor subdivision MS05-00008, for a project being developed by Phillip and Karla Storrer, as recommended by the Public Works Director, Brentwood area. (District III) NOW, THEREFORE, BE IT RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: Grant Deed of Development Rights REFERENCE: MS05-00008 (cross-reference PC14-00004) GRANTOR: Phillip and Karla Storrer AREA: Brentwood DISTRICT: III Contact: Jocelyn LaRocque, 925-313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: February 7, 2017 Contra Costa County Board of Supervisors Minutes 784 February 7, 2017 Contra Costa County Board of Supervisors Minutes 785 February 7, 2017 Contra Costa County Board of Supervisors Minutes 786 February 7, 2017 Contra Costa County Board of Supervisors Minutes 787 February 7, 2017 Contra Costa County Board of Supervisors Minutes 788 February 7, 2017 Contra Costa County Board of Supervisors Minutes 789 February 7, 2017 Contra Costa County Board of Supervisors Minutes 790 February 7, 2017 Contra Costa County Board of Supervisors Minutes 791 February 7, 2017 Contra Costa County Board of Supervisors Minutes 792 February 7, 2017 Contra Costa County Board of Supervisors Minutes 793 February 7, 2017 Contra Costa County Board of Supervisors Minutes 794 February 7, 2017 Contra Costa County Board of Supervisors Minutes 795 February 7, 2017 Contra Costa County Board of Supervisors Minutes 796 February 7, 2017 Contra Costa County Board of Supervisors Minutes 797 February 7, 2017 Contra Costa County Board of Supervisors Minutes 798 February 7, 2017 Contra Costa County Board of Supervisors Minutes 799 February 7, 2017 Contra Costa County Board of Supervisors Minutes 800 February 7, 2017 Contra Costa County Board of Supervisors Minutes 801 February 7, 2017 Contra Costa County Board of Supervisors Minutes 802 February 7, 2017 Contra Costa County Board of Supervisors Minutes 803 February 7, 2017 Contra Costa County Board of Supervisors Minutes 804 February 7, 2017 Contra Costa County Board of Supervisors Minutes 805 February 7, 2017 Contra Costa County Board of Supervisors Minutes 806 February 7, 2017 Contra Costa County Board of Supervisors Minutes 807 February 7, 2017 Contra Costa County Board of Supervisors Minutes 808 February 7, 2017 Contra Costa County Board of Supervisors Minutes 809 February 7, 2017 Contra Costa County Board of Supervisors Minutes 810 February 7, 2017 Contra Costa County Board of Supervisors Minutes 811 February 7, 2017 Contra Costa County Board of Supervisors Minutes 812 February 7, 2017 Contra Costa County Board of Supervisors Minutes 813 February 7, 2017 Contra Costa County Board of Supervisors Minutes 814 February 7, 2017 Contra Costa County Board of Supervisors Minutes 815 RECOMMENDATION(S): ADOPT Resolution No. 2017/37 accepting completion of improvements and approving the Parcel Map for minor subdivision MS05-00008 for a project developed by Phillip and Karla Storrer, as recommended by the Public Works Director, Brentwood area. (District III) FISCAL IMPACT: No fiscal impact BACKGROUND: The improvements have been completed as required by the conditions of approval. All other conditions of approval have been satisfied as required for Parcel Map recordation. CONSEQUENCE OF NEGATIVE ACTION: The completion of improvements will not be accepted and the Parcel Map will not be recorded. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jocelyn LaRocque, 925-313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Renee Hutchins, Records, Sherri Reed, Design and Construction, Chris Lau, Maintenance, C. Hallford, Mapping Division, Lori Leontini, Engineering Services, Lori Brown, Finance C. 9 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 7, 2017 Contra Costa County Subject:Accepting completion of improvements & approving Parcel Map for minor subdivision MS05-0008, Brentwood area. February 7, 2017 Contra Costa County Board of Supervisors Minutes 816 AGENDA ATTACHMENTS Resolution No. 2017/37 Tax Letter Deposit Permit Parcel Map MINUTES ATTACHMENTS Signed Resolution No. 2017/37 February 7, 2017 Contra Costa County Board of Supervisors Minutes 817 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/07/2017 by the following vote: AYE: John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2017/37 IN THE MATTER OF accepting completion of improvements and approving the Parcel Map for minor subdivision MS05-00008 for a project developed by Phillip and Karla Storrer, as recommended by the Public Works Director. The Public Works Director has notified this Board that the improvements in minor subdivision MS05-00008 have been completed by Phillip and Karla Storrer, and that improvements have been constructed without the need of a subdivision agreement. NOW THEREFORE BE IT RESOLVED that the improvements have been completed as of February 7, 2017. 1. That said subdivision, together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans. 2. That said Parcel map is APPROVED and this Board does hereby reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. BE IT FURTHER RESOLVED that there is no warranty period required. WHERE AS, the following documents were presented for board approval this date: The Parcel Map of minor subdivision MS05-00008, property located in the Brentwood area. Supervisoral District III, said map having been certified by the proper officials. Said document was accompanied by: 1. Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2016-2017 tax lien has been paid in full and the 2017-2018 tax lien, which became a lien on the first day of January 2017, is estimated to be $15,730. 2. Security to guarantee the payment of taxes, as required by Title 9 of the County Ordinance Code, in the form of a cash deposit, (Auditor's Deposit Permit No. DP727941, dated January 11, 2017 made by Phillip and Karla Storrer in the amount of $15,730, guaranteeing the payment of the estimated tax. Contact: Jocelyn LaRocque, 925-313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Renee Hutchins, Records, Sherri Reed, Design and Construction, Chris Lau, Maintenance, C. Hallford, Mapping Division, Lori Leontini, Engineering Services, Lori Brown, Finance 5 February 7, 2017 Contra Costa County Board of Supervisors Minutes 818 February 7, 2017 Contra Costa County Board of Supervisors Minutes 819 February 7, 2017 Contra Costa County Board of Supervisors Minutes 820 February 7, 2017 Contra Costa County Board of Supervisors Minutes 821 February 7, 2017Contra Costa County Board of Supervisors Minutes822 February 7, 2017Contra Costa County Board of Supervisors Minutes823 February 7, 2017Contra Costa County Board of Supervisors Minutes824 RECOMMENDATION(S): ADOPT Resolution No. 2017/33 approving and authorizing the Public Works Director, or designee, to execute the Deferred Improvement Agreement for minor subdivision MS05-00008, for a project being developed by Phillip and Karla Storrer, as recommended by the Public Works Director, Brentwood area. (District III) FISCAL IMPACT: No fiscal impact. BACKGROUND: This Deferred Improvement Agreement is required by Condition of Approval No. 28. CONSEQUENCE OF NEGATIVE ACTION: The Deferred Improvement Agreement will not be approved and executed. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jocelyn LaRocque, 925-313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Karen Piona, Records, Sherri Reed, Design and Construction, Chris Lau, Maintenance, Ken Dahl, Engineering Services, Jocelyn LaRocque, Engineering Services, L. Brown, Finance C. 6 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 7, 2017 Contra Costa County Subject:Approve Deferred Improvement Agreement along Bixler Road for minor subdivision MS05-00008, Brentwood area. February 7, 2017 Contra Costa County Board of Supervisors Minutes 825 AGENDA ATTACHMENTS Resolution No. 2017/33 Deferred Improvement Agreement MINUTES ATTACHMENTS Signed Resolution No. 2017/33 February 7, 2017 Contra Costa County Board of Supervisors Minutes 826 Recorded at the request of:Jocelyn LaRocque Return To:Naila Thrower THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/07/2017 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorDiane Burgis, District III SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2017/33 IN THE MATTER OF approving and authorizing the Public Works Director, or designee, to execute the Deferred Improvement Agreement for minor subdivision MS05-00008, for a project being developed by Phillip and Karla Storrer, as recommended by the Public Works Director, Brentwood area. (District III) WHERE AS, the Public Works Director has recommended that she be authorized to execute the Deferred Improvement Agreement with Phillip and Karla Storrer, as required by the Conditions of Approval for minor subdivision MS05-00008. This agreement would permit the deferment of construction of permanent improvements along Bixler Road, which is located in the Brentwood area. NOW, THEREFORE, BE IT RESOLVED that the recommendation of the Public Works Director is APPROVED. Contact: Jocelyn LaRocque, 925-313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Karen Piona, Records, Sherri Reed, Design and Construction, Chris Lau, Maintenance, Ken Dahl, Engineering Services, Jocelyn LaRocque, Engineering Services, L. Brown, Finance February 7, 2017 Contra Costa County Board of Supervisors Minutes 827 February 7, 2017 Contra Costa County Board of Supervisors Minutes 828 February 7, 2017 Contra Costa County Board of Supervisors Minutes 829 February 7, 2017 Contra Costa County Board of Supervisors Minutes 830 February 7, 2017 Contra Costa County Board of Supervisors Minutes 831 February 7, 2017 Contra Costa County Board of Supervisors Minutes 832 February 7, 2017 Contra Costa County Board of Supervisors Minutes 833 RECOMMENDATION(S): ADOPT Resolution No. 2017/35 approving the Stormwater Management Facilities Operation and Maintenance Agreement for minor subdivision MS05-00008, for a project being developed by Phillip and Karla Storrer, as recommended by the Public Works Director, Brentwood area. (District III) FISCAL IMPACT: No fiscal impact. BACKGROUND: The Stormwater Management Facilities Operation and Maintenance Agreement is required by Condition of Approval No. 48. CONSEQUENCE OF NEGATIVE ACTION: The agreement will not be recorded and the Contra Costa County may not be in full compliance with its National Pollutant Discharge Elimination System (NPDES) permit and Stormwater Management Discharge Control Ordinance. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jocelyn LaRocque, 925-313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Phillip and Karla Storrer C. 8 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 7, 2017 Contra Costa County Subject:APPROVE the Stormwater Management Facilities Operation and Maintenance Agreement for minor subdivision MS05-00008, Brentwood area. February 7, 2017 Contra Costa County Board of Supervisors Minutes 834 AGENDA ATTACHMENTS Resolution No. 2017/35 Covenant Running with The Land Stormwater Management Facilties O&M Agreement MINUTES ATTACHMENTS Signed Resolution No. 2017/35 February 7, 2017 Contra Costa County Board of Supervisors Minutes 835 Recorded at the request of:Jocelyn LaRocque Return To:Naila Thrower THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/07/2017 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorDiane Burgis, District III SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2017/35 IN THE MATTER OF approving the Stormwater Management Facilities Operation and Maintenance Agreement for minor subdivision MS05-00008 (APN 015-170-027), Brentwood area. (District III) WHEREAS the Public Works Director has recommended that she be authorized to execute the Stormwater Management Facilities Operation and Agreement with Phillip and Karla Storrer, as required by the Conditions of Approval for minor subdivision MS05-00008. This agreement would ensure the operation and maintenance of the stormwater facilities in accordance with the approved Stormwater Control Plan and approved Operation and Maintenance Plan for minor subdivision MS05-00008, which is located at 4251 Orwood Road in the Brentwood area. NOW, THEREFORE, BE IT RESOLVED that the recommendation of the Public Works Director is APPROVED. Contact: Jocelyn LaRocque, 925-313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Phillip and Karla Storrer February 7, 2017 Contra Costa County Board of Supervisors Minutes 836 February 7, 2017 Contra Costa County Board of Supervisors Minutes 837 February 7, 2017 Contra Costa County Board of Supervisors Minutes 838 February 7, 2017 Contra Costa County Board of Supervisors Minutes 839 February 7, 2017 Contra Costa County Board of Supervisors Minutes 840 February 7, 2017 Contra Costa County Board of Supervisors Minutes 841 February 7, 2017 Contra Costa County Board of Supervisors Minutes 842 February 7, 2017 Contra Costa County Board of Supervisors Minutes 843 February 7, 2017 Contra Costa County Board of Supervisors Minutes 844 February 7, 2017 Contra Costa County Board of Supervisors Minutes 845 February 7, 2017 Contra Costa County Board of Supervisors Minutes 846 February 7, 2017 Contra Costa County Board of Supervisors Minutes 847 February 7, 2017 Contra Costa County Board of Supervisors Minutes 848 February 7, 2017 Contra Costa County Board of Supervisors Minutes 849 February 7, 2017 Contra Costa County Board of Supervisors Minutes 850 February 7, 2017 Contra Costa County Board of Supervisors Minutes 851 February 7, 2017 Contra Costa County Board of Supervisors Minutes 852 February 7, 2017 Contra Costa County Board of Supervisors Minutes 853 February 7, 2017 Contra Costa County Board of Supervisors Minutes 854 February 7, 2017 Contra Costa County Board of Supervisors Minutes 855 RECOMMENDATION(S): ADOPT Resolution No. 2017/28 approving the Stormwater Management Facilities Operation and Maintenance Agreement for subdivision SD13-9352, for a project being developed by Civic Property Group, Inc., Sole Member, Driftwood Community, LLC, as recommended by the Public Works Director, Bay Point area. (District V) FISCAL IMPACT: No fiscal impact. BACKGROUND: The Stormwater Management Facilities Operation and Maintenance Agreement is required by Condition of Approval No. 50. CONSEQUENCE OF NEGATIVE ACTION: The agreement will not be recorded and Contra Costa County may not be in full compliance with its National Pollutant Discharge Elimination System (NPDES) permit and Stormwater Management Discharge Control Ordinance. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jocelyn LaRocque, 925-313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 5 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 7, 2017 Contra Costa County Subject:APPROVE the Stormwater Management Facilities Operation and Maintenance Agreement for subdivision SD13-9352, Bay Point area. (District V) February 7, 2017 Contra Costa County Board of Supervisors Minutes 856 AGENDA ATTACHMENTS Resolution No. 2017/28 Driftwood Covenant, Stormwater, Maint Agmnt and ROE as executed 011017 MINUTES ATTACHMENTS Signed Resolution No. 2017/28 February 7, 2017 Contra Costa County Board of Supervisors Minutes 857 Recorded at the request of:Jocelyn LaRocque Return To:Naila Thrower THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/07/2017 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorDiane Burgis, District III SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2017/28 IN THE MATTER OF approving the Stormwater Management Facilities Operation and Maintenance Agreement for subdivision SD13-09352 (APNs 098-130-002, 098-180-030, 098-180-027), Bay Point area. (District V) WHEREAS the Public Works Director has recommended that she be authorized to execute the Stormwater Management Facilities Operation and Agreement with Civic Property Group, Inc., Sole Member, Driftwood Community, LLC, as required by the Conditions of Approval for subdivision SD13-09352. This agreement would ensure the operation and maintenance of the stormwater facilities in accordance with the approved Stormwater Control Plan and approved Operation and Maintenance Plan for subdivision SD13-09352, which is located at 197 Driftwood Drive in the Bay Point area. NOW, THEREFORE, BE IT RESOLVED that the recommendation of the Public Works Director is APPROVED. Contact: Jocelyn LaRocque, 925-313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: February 7, 2017 Contra Costa County Board of Supervisors Minutes 858 February 7, 2017 Contra Costa County Board of Supervisors Minutes 859 February 7, 2017 Contra Costa County Board of Supervisors Minutes 860 February 7, 2017 Contra Costa County Board of Supervisors Minutes 861 February 7, 2017 Contra Costa County Board of Supervisors Minutes 862 February 7, 2017 Contra Costa County Board of Supervisors Minutes 863 February 7, 2017 Contra Costa County Board of Supervisors Minutes 864 February 7, 2017 Contra Costa County Board of Supervisors Minutes 865 February 7, 2017 Contra Costa County Board of Supervisors Minutes 866 February 7, 2017 Contra Costa County Board of Supervisors Minutes 867 February 7, 2017 Contra Costa County Board of Supervisors Minutes 868 February 7, 2017 Contra Costa County Board of Supervisors Minutes 869 February 7, 2017 Contra Costa County Board of Supervisors Minutes 870 February 7, 2017 Contra Costa County Board of Supervisors Minutes 871 RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Golden Gate Aviation, LLC for a Large T-hangar at Buchanan Field Airport effective December 15, 2016 in the monthly amount of $748.23, Pacheco area. (District IV) FISCAL IMPACT: The Airport Enterprise Fund will realize $8,978.76 annually. BACKGROUND: On September 1, 1970, Buchanan Airport Hangar Company entered into a 30-year lease with Contra Costa County for the construction of seventy-five (75) hangars and eighteen (18) aircraft shelters at Buchanan Field Airport. Buchanan Airport Hangar Company was responsible for the maintenance and property management of the property during that 30-year period. On APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Beth Lee, (925) 681-4200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 13 To:Board of Supervisors From:Keith Freitas, Airports Director Date:February 7, 2017 Contra Costa County Subject:APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a hangar rental agreement with Buchanan Field Airport Hangar tenant February 7, 2017 Contra Costa County Board of Supervisors Minutes 872 BACKGROUND: (CONT'D) September 1, 2000, the County obtained ownership of the aircraft hangars and shelters, pursuant to the terms of the above lease. On February 13, 2007, Contra Costa County Board of Supervisors approved the new Large Hangar Lease Agreement for use with the larger East Ramp Hangars. On February 3, 2008, Contra Costa County Board of Supervisors approved the amended T-Hangar Lease Agreement which removed the Aircraft Physical Damage Insurance requirement. The new amended T-hangar Lease Agreement will be used to enter into this aircraft rental agreement. On January 10, 2017, Contra Costa County Board of Supervisors approved a hangar rental agreement with Full Reef, LLC for a Large T-Hangar at Buchanan Field Airport effective December 15, 2016. Full Reef, LLC subsequently filed a name change with the Secretary of State of California to Golden Gate Aviation, LLC, which is now in effect. As such, a new hangar rental agreement will be executed to reflect this name change. CONSEQUENCE OF NEGATIVE ACTION: A negative action will cause a loss of revenue to the Airport Enterprise Fund. ATTACHMENTS Golden Gate Aviation - Hangar Rental Agreement February 7, 2017 Contra Costa County Board of Supervisors Minutes 873 February 7, 2017 Contra Costa County Board of Supervisors Minutes 874 February 7, 2017 Contra Costa County Board of Supervisors Minutes 875 February 7, 2017 Contra Costa County Board of Supervisors Minutes 876 RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute, on behalf of the County, an amendment to the Transportation Service Agreement with the Measure J Traffic Congestion Relief Agency (TRAFFIX), effective December 19, 2016, to agree to pay TRAFFIX one-half of the costs to operate two school bus routes within County Service Area T-1, Danville area, as recommended by the Public Works Director (100% CSA T-1 Funds). FISCAL IMPACT: The County will use County Service Area T-1 funds to pay TRAFFIX one half of the costs to operate two school bus routes within CSA T-1, effective December 19, 2016. It is anticipated that County’s annual costs will be approximately $196,000. BACKGROUND: On June 14, 2005, the Board of Supervisors approved Resolution No. 2005/357, which recommended to the Local Agency Formation Commission of Contra Costa County (LAFCO) the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jessi Duffy, 925-313-2286 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 11 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 7, 2017 Contra Costa County Subject:APPROVE First Amendment to the Agreement with Measure J Traffic Congestion Relief Agency for school bus services, Danville area. (District III) February 7, 2017 Contra Costa County Board of Supervisors Minutes 877 BACKGROUND: (CONT'D) formation of County Service Area (CSA) T-1, Public Transit, in the Danville Area. The property located within CSA T-1, Public Transit, in the Danville Area. The property located within CSA T-1 receives a special and distinct benefit over and above the general benefits received by the public at-large in the form of extended public transit services. These extended public transit services consist of the implementation of Transportation Demand Management programs as discussed in this report, and in the Plan for Providing Services for CSA T-1, which is on file with LAFCO. On October 18, 2005, Resolution 2005/674 stated that the transit services should be supported by a benefit assessment on parcels that receive this special and distinct benefit. The Measure J Traffic Congestion Relief Agency (TRAFFIX) is a traffic congestion relief program implemented in 2009 and operated cooperatively by Contra Costa County, City of San Ramon, Town of Danville, and San Ramon Valley Unified School District (SRVUSD) to reduce traffic congestion caused by students being driven to and from schools in the San Ramon area. The properties included within CSA T-1 are known as the Alamo Creek/Intervening Properties Development east of the Town of Danville. Together these developments are commonly referred to as the Integrated Project. The Integrated Project constitutes approximately 767 acres located south of Camino Tassajara between Hansen Lane and Finely Road in unincorporated Contra Costa County, California. Wilbur Smith Associates (WSA) completed a Transit Improvements Study of the Integrated Project in March 2005. The study acknowledged that a limited market existed for transit services and consequently, a limited transit service is offered in the study area. The study concluded that a latent demand for transit could be satisfied if a regular commuter service were provided. Given the size of the Integrated Project and the workplace destinations and commuting behavior of the adjacent census tracts, as outlined by a census-based demographic analysis, a weekday rush-hour commuter service would provide the greatest benefit of transit under consideration. Specifically, the report recommended that the proposed transit service include the Walnut Creek Bay Area Rapid Transit (BART) station and Bishop Ranch Business Park as destinations. Since the market demand for transit services is currently limited, a full-scale fixed-route CCCTA bus is not warranted at this time. CSA T-1 recognized that in addition to providing transit service to workplace destinations, there is currently a demand for school bus services. In early 2014, both TRAFFIX and the County executed the Agreement to fund one TRAFFIX school bus to serve students who live in the CSA T-1 and attend Monte Vista High School. This TRAFFIX school bus is currently at full capacity. Because there continues to be a high demand for school bus services to Monte Vista High School in the CSA T-1, the TRAFFIX program is proposing to fund a second TRAFFIX school bus using CSA T-1 funds. A First Amendment to the Agreement (Attachment A) was developed with new language calling for additional CSA T-1 funds for a second TRAFFIX school bus. The TRAFFIX Board of Directors approved the First Amendment to the Agreement at its December 19, 2016 Board of Directors Special meeting. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, the County will continue using County Service Area T-1 funds to pay TRAFFIX one-half of the costs to operate a single school bus route within CSA T-1. ATTACHMENTS First Amendment to CCC-TRAFFIX School Bus Agreement February 7, 2017 Contra Costa County Board of Supervisors Minutes 878 FIRST AMENDMENT to TRANSPORTATION SERVICE AGREEMENT FOR OPERATION OF SCHOOL BUS ROUTES WITHIN COUNTY SERVICE AREA T-1 This FIRST AMENDMENT TO TRANSPORTATION SERVICE AGREEMENT FOR OPERATION OF SCHOOL BUS ROUTES WITHIN COUNTY SERVICE AREA T-1 is entered into effective this 19th day of December, 2016, by and between the MEASURE J TRAFFIC CONGESTION RELIEF AGENCY, dba TRAFFIX (the “Agency”), a joint exercise of powers entity created, existing, and in good standing under California Government Code section 6500, et seq., and the COUNTY OF CONTRA COSTA (“County”), a political subdivision of the State of California. RECITALS A. In 2008, the County, the City of San Ramon (City), the Town of Danville (Town), and the San Ramon Valley Unified School District (School District), entered into an agreement entitled, “Joint Exercise of Powers Agreement to Implement the San Ramon Valley School Bus Program.” That agreement created the Agency, and authorized it to oversee implementation of a school bus program within the City, Town, and parts of the unincorporated area of the County (“Agency’s Bus Program”). The purpose of the Agency’s Bus Program is to reduce traffic congestion in the San Ramon Valley area by busing elementary, middle, and high school students to their respective schools within the School District. B. To reduce traffic congestion in and around the County Service Area T-1 (the “Service Area”), consisting of two developments—Alamo Creek, and Monterosso—located on the south side of Camino Tassajara, between Hansen Lane and Finley Road, and east of the Town of Danville in unincorporated County, the County and the Agency entered into a Transportation Service Agreement, effective February 11, 2014 ("Agreement”), to fund one school bus route (“First School Bus Route”) within the Service Area. The Service Area is more particularly described in Exhibit A to the Agreement. Since being established, the First School Bus Route has served students who attend the high school designated for students residing within the Service Area. February 7, 2017 Contra Costa County Board of Supervisors Minutes 879 C. The Agency desires to expand the Agency’s Bus Program by adding a second school bus (“Second School Bus Route”), for a total of two school bus routes (together the “School Bus Routes”) to serve students living within the Service Area. D. The Agency and County desire to partially fund the Second School Bus Route with assessment revenue that the County collects from within the Service Area. The Agency sells annual passes for students that use its School Bus Routes. The Agency’s revenue collected from the sale of annual passes will be deducted from the Agency’s costs to operate the School Bus Routes before calculating the amount of operational costs that will be paid by the County. E. The Parties acknowledge that the Agency continues to contract with a bus operator, currently First Student, Inc., to provide bus services for Agency’s Bus Program under a contract that is valid through July 31, 2018 (the “Bussing Contract”). The Bussing Contract contains the base rate per day that the Agency pays its contractor. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties, the parties agree to amend the Agreement as follows: 1. Second School Bus Route. Beginning on February 21, 2017, and continuing thereafter, the Agency shall contract with its bus operator to provide a second School Bus Route to serve students living within the Service Area. Except as expressly set forth herein, as of the effective date of this Amendment every reference to “School Bus Route” in the Agreement shall mean both the School Bus Route established under the Agreement and the second School Bus Route established under this Amendment. Except as modified by this Amendment, as of the effective date of this Amendment, every obligation with respect to the School Bus Route established under the Agreement shall apply both to that School Bus Route, and to the second School Bus Route established under this Amendment. 2. Invoicing for Payment. Section 3 of the Agreement (“Invoicing and Payment”) is hereby deleted in its entirety and replaced with new Section 3, to read: 3. Invoicing and Payment. The Agency shall submit an invoice to the County on each of the following dates: July 1 immediately prior to the beginning of each School District academic year and January 1 during each School District academic year (each an “Invoice Date”). For the Second School Bus Route in Academic Year 2016-2017 only, the Agency shall submit an additional invoice to the County on March 1, 2017, in accordance with Section 3.c. (also an “Invoice February 7, 2017 Contra Costa County Board of Supervisors Minutes 880 Date”). The invoices the Agency submits to the County must include the information specified below. a. July 1 Invoice. The invoice submitted on each July 1 shall include: (i) The Agency’s anticipated costs to operate the School Bus Route during School District’s upcoming academic year from July 1 immediately prior to the beginning of the academic year through the June 30 immediately following the conclusion of the academic year (the “Projected Annual Operational Costs”). To calculate the Projected Annual Operational Costs, the Agency shall multiply the base rate per day that the Agency will pay its contractor under the Bussing Contract by the number of School District instructional days that will occur during the upcoming academic year. The number of instructional days shall be determined by the School District’s academic calendar. (ii) Both (A) the Projected Annual Operational Costs that the Agency included in the invoice that it submitted to the County on July 1 of the immediately preceding year, and (B) on the July 1, 2017 invoice only, the Second Bus Projected 2016-2017 Operational Costs included in the March 1, 2017 invoice (together, the “Prior Year Projected Annual Operational Costs”). (iii) The Agency’s actual costs to operate the School Bus Route from July 1 of the previous academic year through June 30 of the same academic year (the “Prior Year Actual Operational Costs”). To calculate the Prior Year Actual Operational Costs, the Agency shall multiply the base rate per day that the Agency paid its contractor under the Bussing Contract by the number of School District instructional days that occurred during the immediately preceding academic year. The number of instructional days shall be determined by the School District’s academic calendar. (iv) The amount of revenue collected by the Agency from the sale of annual School Bus Route passes that occurred from January 1 through June 30 immediately preceding the Invoice Date (“Spring Pass Sale Revenue”). February 7, 2017 Contra Costa County Board of Supervisors Minutes 881 b. January 1 Invoice. The invoice submitted on each January 1 shall include the amount of revenue collected by the Agency from the sale of annual School Bus Route passes from July 1 immediately prior to the beginning of the academic year through December 31 immediately preceding the Invoice Date (“Fall Pass Sale Revenue”). c. March 1, 2017 Invoice for the Second School Bus Route in Academic Year 2016-2017 Only. The invoice submitted on March 1, 2017, shall include the Agency’s projected operational costs to operate the Second School Bus Route from February 21, 2017, through June 30, 2017 (the “Second Bus Projected 2016-2017 Operational Costs”). To calculate the Second Bus Projected 2016-2017 Operational Costs, the Agency shall multiply the base rate per day that the Agency will pay its contractor under the Bussing Contract by the number of School District instructional days that will occur during the 2016-2017 Academic Year. The number of instructional days shall be determined by the School District’s academic calendar. 3. County’s Payments to Agency. Section 4 of the Agreement (“County’s Payments to Agency”) is hereby deleted in its entirety and replaced with new Section 4 to read: 4. County’s Payments to Agency. Within 60 days after the receipt of each invoice submitted by the Agency, the County shall pay the Agency as follows: a. Payment on July 1 Invoice. The County shall pay the Agency one-half of the Projected Annual Operational Costs reported on the July 1 invoice, minus (1) the amount of Spring Pass Sale Revenue reported on that invoice, and minus (2) the difference between the Prior Year Projected Annual Operation Costs and the Prior Year Actual Operational Costs, if any, reported on that invoice. By way of example only, if the Agency’s Projected Annual Operational Costs are $176,000, the Spring Pass Sale Revenue is $2,000, and the difference between the Prior Year Annual Operational Costs and the Prior Year Actual Operational Costs is $400, the County’s payment on the July 1 invoice would be $85,600 ($88,000 - $2,000 - $400). b. Payment on January 1 Invoice. The County shall pay the Agency one-half of the Projected Annual Operational Costs reported on the invoice February 7, 2017 Contra Costa County Board of Supervisors Minutes 882 submitted on the preceding July 1 invoice, minus the amount of Fall Pass Sale Revenue reported on the January 1 Invoice. By way of example only, if the Agency’s Projected Annual Operational Costs are $176,000 and the Fall Pass Sale Revenue is $15,000, the County’s payment on the January 1 invoice would be $73,000 ($88,000 - $15,000). c. Payment on March 1, 2017 Invoice for the Second School Bus Route in Academic Year 2016-2017 Only. Notwithstanding anything to the contrary contained herein, the County shall pay the Agency the Second Bus Projected 2016-2017 Operational Costs reported on the March 1, 2017 invoice. 4. Agency’s Obligations. Section 5.b. of the Agreement (“School Bus Route Minimum Level of Service”) is hereby deleted in its entirety and replaced with new Section 5.b. to read: b. School Bus Routes Minimum Level of Service. The Agency shall be responsible for ensuring that each school bus serving a School Bus Route under this Agreement reserves at least 50% of bus capacity for students living within the Service Area who attend the Designated High School. // // // // // // February 7, 2017 Contra Costa County Board of Supervisors Minutes 883 • I t • IN WITNESS WHEREOF, the parties have hereunto set their hands the date and year first above written. By: Candace Andersen, Chair, TRAFFIX Board of Directors APPROVED AS TO FORM: By: Michael Conneran, Legal Counsel Measure J Traffic Congestion Relief Agency CONTRA COSTA COUNTY By: Julia R. Bueren, Public Works Director APPROVED AS TO FORM: Sharon L. Anderson, County Counsel B: Deputy County Counsel 6 .... ,.l• ~ \ ... . .... D~e:. __________________ __ Date:. _________________ _ February 7, 2017 Contra Costa County Board of Supervisors Minutes 884 RECOMMENDATION(S): APPROVE the development of the Contra Costa Watershed Storm Water Resource Plan, Countywide. [County Project No. 7505-6F8267, / DCD-CP#16-49] (Districts: I, II, III, IV, & V) DETERMINE the Project is a California Environmental Quality Act (CEQA), Statutory Exemption, pursuant to Article 18, Section 15262 of the CEQA Guidelines, and DIRECT the Director of Conservation and Development to file a Notice of Exemption with the County Clerk, and AUTHORIZE the Public Works Director, to arrange for payment of a $25 fee to Conservation and Development for processing, and a $50 fee to the County Clerk for filing the Notice of Exemption. FISCAL IMPACT: 50% Proposition 1 Grant Funding and 50% Stormwater Utility Fee Assessments. BACKGROUND: The Contra Costa Clean Water Program (CCCWP) consists of Contra Costa County, its 19 incorporated cities/towns, and the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Trina Torres, 925-313-2176 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 10 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 7, 2017 Contra Costa County Subject:APPROVE the Contra Costa Watershed Storm Water Resource Plan and related actions under the California Environmental Quality Act. February 7, 2017 Contra Costa County Board of Supervisors Minutes 885 BACKGROUND: (CONT'D) Contra Costa County Flood Control and Water Conservation District (hereinafter referred to collectively as “Permittees”). The CCCWP was established in 1991 through a Program Agreement in response to the 1987 amendments to the federal Clean Water Act (CWA), which established a framework for regulating municipal stormwater discharges under the National Pollutant Discharge Elimination System (“NPDES”) Permit Program. The United States Environmental Protection Agency (USEPA) published final rules implementing the 1987 CWA amendments in November 1990. The rules mandate that Permittees obtain and implement stormwater permits designed to reduce and eliminate the discharge of pollutants into and from Municipal Separate Storm Sewer Systems (MS4s) they own and operate. Through the CCCWP, Permittees conduct many of the mandated activities collectively (referred to as “Group Activities”), such as water quality monitoring, special studies, and public education. The roles and responsibilities of the CCCWP and Permittees are outlined in the Program Agreement, which was last updated and adopted by all Permittees in June 2010. In September 2014, California Senate Bill (SB) 985, Stormwater Resource Planning Act, was adopted. It requires public agencies to develop a Storm Water Resource Plan in order to receive grants from any State bond act approved after January 1, 2014 for storm water and dry weather runoff capture projects. A Storm Water Resource Plan must include a prioritized list of projects to address storm water and dry weather runoff capture on a watershed basis. The Storm Water Resource Plan must be developed in accordance with the State Water Board’s Storm Water Resource Plan Guidelines. The Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Prop 1) created the Storm Water Grant Program (SWGP), which provides matching grants to public agencies and other entities for multi-benefit storm water management projects. Multi-benefit storm water management projects include green infrastructure, rainwater and storm water capture projects and storm water treatment facilities. The Prop 1 SWGP provides funds for Planning Grants and Implementation Grants. Planning grants help fund the development of a Storm Water Resource Plan (SWRP) that meets the requirements of SB 985 and the State Water Board’s SWRP guidelines. Implementation Grants help fund priority projects included in the SWRP. In March 2016, the Contra Costa County Flood Control and Water Conservation District (District), on behalf of the Contra Costa Clean Water Program (CCCWP), submitted an application for Planning Grant funding for the Contra Costa Watersheds Storm Water Resource Plan (CCWSWRP) project. In July 2016, the District and CCCWP were notified that the grant application was approved for funding. Before work can begin on the CCWSWRP, the grant funding agreement with the State must be in place. Prior to execution of the agreement, the State requires, among other things: (1) a resolution authorizing a specific individual the ability to execute the grant agreement and related documents, and (2) an environmental review and findings on the project. The resolution was approved by the Board of Supervisors on October 25, 2016. The action being requested by this Board Order involves the environmental review. Once the grant agreement is executed, work on the plan can be implemented. CONSEQUENCE OF NEGATIVE ACTION: If this item is not approved, the Permittees will not be able to apply for State grant funding for stormwater management projects. These projects will subsequently be deferred until sufficient funding is available, resulting in potential delays in permit compliance. In addition, this planning process will result in stormwater management planning tools that are required by Permittees’ NPDES permits. If this item is not approved, Permittees will have to find another way to develop these tools and/or risk non-compliance with their NPDES permits. Fines could potentially be imposed. ATTACHMENTS CEQA document February 7, 2017 Contra Costa County Board of Supervisors Minutes 886 February 7, 2017 Contra Costa County Board of Supervisors Minutes 887 February 7, 2017 Contra Costa County Board of Supervisors Minutes 888 February 7, 2017 Contra Costa County Board of Supervisors Minutes 889 \\PW-DATA\grpdata\engsvc\ENVIRO\Flood Control\Contra Costa Watersheds Storm Water Resource Plan (Prop 1)\NOE (2017).doc Form Revised: December 2016 Page 1 of 2 CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption To: Office of Planning and Research From: Contra Costa County P.O. Box 3044, Room 113 Dept. of Conservation & Development Sacramento, CA 95812-3044 30 Muir Road Martinez, CA 94553 County Clerk County of: Contra Costa Project Title: Contra Costa Watersheds Storm Water Resource Plan Project No. 7505-6F8267 / CP# 16-49 Project Applicant: Contra Costa County Flood Control and Water Conservation District Project Location – Specific: Contra Costa County Watersheds Project Location: Countywide Project Location – County: Contra Costa Description of Nature, Purpose and Beneficiaries of Project: Senate Bill 985, Storm Water Resource Planning Act requires public agencies to have a storm water resource plan in place prior to applying for State grant funding for implementation of related projects. The purpose of this project is to create a Countywide Storm Water Resource Plan (Plan) to help establish priorities and determine types of improvements necessary for various watersheds throughout Contra Costa County to meet the new State requirement. The project will study all thirty-one (31) major watersheds and sub-watersheds in the County using the following phased methods: Phase 1 will catalog previous planning efforts to identify opportunities and develop project concepts for dry weather runoff and stormwater capture and use. This entails researching existing plans developed by the stakeholders [Contra Costa County (County), Contra Costa Flood Control and Water Conservation District (District), Contra Costa cities, towns, local residents, businesses, watershed groups, non-governmental organizations, and regulators]. Phase 2 will select an appropriate hydrologic and pollutant load reduction modeling approach, and conduct modeling to quantify various benefits, such as water supply, pollutant reduction, and flood control. Phase 3 will develop criteria to screen publicly-owned parcels within each planning watershed for Green Infrastructure suitability. Phase 4 will develop and publish a GIS-based web mapping application to allow screening and prioritization of potential future improvement project sites. Phase 5 will screen public parcels and develop conceptual improvement projects for each watershed planning unit. Phase 6 will further prioritize potential improvement projects, and finalize project concept designs. Prioritization will use a weighted scoring system, and will consider benefits such as:  Water supply (including groundwater recharge);  Water quality (including pollutant load reduction);  Flood control;  Habitat protection and stream restoration;  Increased urban green space;  Enhancement or creation of recreational areas;  Opportunities for community involvement (including employment). Phase 7 will create a Countywide Plan for Contra Costa cities/towns and the County/District to use when applying for State grant funding of these improvement projects. February 7, 2017 Contra Costa County Board of Supervisors Minutes 890 \\PW-DATA\grpdata\engsvc\ENVIRO\Flood Control\Contra Costa Watersheds Storm Water Resource Plan (Prop 1)\NOE (2017).doc Form Revised: December 2016 Page 2 of 2 NOE continued CP#16-49 Contra Costa Watersheds Storm Water Resource Plan Proj. No. 7505-6F826 ________________________________________________________________________________________________ The stakeholders will be invited to participate in the planning process. Work on the Plan is not expected to affect facilities or appurtenances, such as roadways, right-of-ways, utility relocation, signs, or buildings. It is also not expected to have construction impacts, road or lane closures, other traffic impacts, or require traffic mitigation measures; and, work on the Plan is expected to begin as soon as possible, with completion of the Plan targeted for late 2017, in order to allow Contra Costa cities and towns, as well as the County/District, to compete for State grant implementation project funding in 2018.This CEQA documentation covers Plan development, only. Each City and/or initiating entity will be responsible for obtaining any necessary regulatory permits and environmental clearances, including any further CEQA documentation necessary to analyze potential impacts for each project. Name of Public Agency Approving Project: Contra Costa County Name of Person or Agency Carrying Out Project: Contra Costa County Public Works Department Exempt Status: Ministerial Project (Sec. 21080(b) (1); 15268; Categorical Exemption: ______ Declared Emergency (Sec. 21080(b)(3); 15269(a)); Other Statutory Exemption, Section 15262 Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); General Rule of Applicability [Article 5, Section 15061 (b)(3)] Reasons why project is exempt: Section 15262-Feasibility and Planning Studies of the CEQA guidelines, which notes that a project involving only feasibility or planning studies for possible future actions which the Board of Supervisors have not approved, adopted, or funded is Statutorily Exempt from CEQA.. Lead Agency Contact Person: Trina Torres - Public Works Dept. Area Code/Telephone/Extension: (925) 313-2176 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: Date: Title: _________________________ Signed by Lead Agency Signed by Applicant AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: Department of Fish and Game Fees Due Public Works Department EIR - $3,078.25 Total Due: $ 75.00 255 Glacier Drive Neg. Dec. - $2,216.25 Total Paid $ Martinez, CA 94553 DeMinimis Findings - $0 Attn: Trina Torres County Clerk - $50 Receipt #: Environmental Services Division Conservation & Development - $25 Phone: (925) 313-2176 February 7, 2017 Contra Costa County Board of Supervisors Minutes 891 RECOMMENDATION(S): APPROVE the Garin Ranch Basin and Heron Park Basin Low-flow Channel Improvements Project (Project), and AUTHORIZE the Chief Engineer, or designee, to advertise the Project, Brentwood area. [County Project No.7571-6D8178, DCD-CP#16-46] (District III). DETERMINE the Project is a California Environmental Quality Act (CEQA), Class 15301(b) Categorical Exemption, pursuant to Article 19, Section 15301(b) of the CEQA Guidelines, and DIRECT the Director of Conservation and Development to file a Notice of Exemption with the County Clerk, and AUTHORIZE the Chief Engineer or designee to arrange for payment of a $25 fee to Conservation and Development for processing, and a $50 fee to the County Clerk for filing the Notice of Exemption. FISCAL IMPACT: 100% Drainage Area 52C Funds APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Leigh Chavez, 925-313-2366 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 12 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 7, 2017 Contra Costa County Subject:APPROVE the Garin Ranch Basin & Heron Park Basin Low-flow Channel Improvements Project & related actions under CEQA, Brentwood area. (District III) February 7, 2017 Contra Costa County Board of Supervisors Minutes 892 BACKGROUND: The purpose of the project is to improve the drainage of Garin Ranch and Heron Park Basins to reduce or eliminate ponding and mosquito breeding habitat. Garin Ranch Basin consists of a north and south basin connected by an existing double concrete box culvert under Redhaven Street. The basins are considered “off-line basins” since they do not collect creek flows; only piped storm drainage from residential neighborhoods. The basins contain low-lying grassy vegetation that is regularly maintained. The proposed improvements generally consist of excavating a low-flow area along the bottom of each basin beginning at the existing basin pipe inlets that flow into the basins, traveling through the basins, and ending at the existing concrete outfall structures that exit the basins. In each of the basin areas, the low-flow area will be graded to drain the basin through the existing concrete outfall structure. It will be lined with filter fabric leaving excess filter fabric on each side. One or more four to six inch diameter fabric-wrapped perforated PVC pipes will be placed on the bottom over a layer of drain rock. The low-flow area will then be backfilled with permeable drain rock over the wrapped perforated pipe and the excess filter fabric will be wrapped over the top. Additional drain rock will be placed on top so that no filter fabric is exposed. The low-flow areas will be trapezoidal in shape with 1:1 side slopes and be between six and 14 feet wide and one to two feet deep. The length of the low-flow area at Garin Ranch Basin will be approximately 2,445 feet and Heron Park Basin 890 feet. Cleanouts will be installed approximately 250 feet apart along the perforated pipe and low-flow areas. The existing riprap protection located at the pipe outfalls will be filled in with permeable drain rock. All work will be contained within the existing basins. The project is a covered activity under the East Contra Costa County Habitat Conservation/Natural Community Conservation Plan (HCP/NCCP) as “Activities in the Urban Development Area”. The project will follow applicable HCP/NCCP Avoidance and Minimization Measures to minimize impacts to covered species and water quality. In addition, HCP/NCCP fees will be paid to the Conservancy as appropriate prior to the start of construction. A nesting bird survey will be conducted prior to work if the project is constructed during nesting bird season (February 1 to August 31). Real Property transactions, including temporary right-of-way may be necessary to support construction of this project. General Plan Conformance has been received from the City of Brentwood. CONSEQUENCE OF NEGATIVE ACTION: Delay in approving the project may result in a delay of design, construction, and may jeopardize funding. ATTACHMENTS 1-Signed CEQA February 7, 2017 Contra Costa County Board of Supervisors Minutes 893 February 7, 2017 Contra Costa County Board of Supervisors Minutes 894 February 7, 2017 Contra Costa County Board of Supervisors Minutes 895 February 7, 2017 Contra Costa County Board of Supervisors Minutes 896 February 7, 2017 Contra Costa County Board of Supervisors Minutes 897 February 7, 2017 Contra Costa County Board of Supervisors Minutes 898 RECOMMENDATION(S): DENY claims filed by Patricia Boucher, Kristie Karkanen, Ashton Montalvo, and State Farm Insurance as subrogee of Anne Ablaza. FISCAL IMPACT: No fiscal impact. BACKGROUND: * APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Joellen Bergamini 925.335.1906 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 14 To:Board of Supervisors From:David Twa, County Administrator Date:February 7, 2017 Contra Costa County Subject:Claims February 7, 2017 Contra Costa County Board of Supervisors Minutes 899 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dan Peddycord, 925-313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: Tasha Scott, Marcy Wilhelm, Paul Kraintz C. 15 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:5 Millionth Meal Delivered to a Homebound Elder in Contra Costa County February 7, 2017 Contra Costa County Board of Supervisors Minutes 900 AGENDA ATTACHMENTS Resolution No. 2017/18 MINUTES ATTACHMENTS Signed Resolution No. 2017/18 February 7, 2017 Contra Costa County Board of Supervisors Minutes 901 In the matter of:Resolution No. 2017/18 Honoring Meals on Wheels of Contra Costa, Inc. on the occasion of providing its 5 Millionth Meal delivered to a Homebound Elder in Contra Costa County. WHEREAS, Meals on Wheels of Contra Costa, Inc., a charitable nonprofit corporation founded in 1990, by two County managers to raise community funds from individual donors and charitable organizations to provide meals delivered to frail homebound elders through the countywide Meals on Wheels Program, recently provided its 5 millionth meal subsidized by contributions and grants received from the community; and WHEREAS, the countywide Meals on Wheels Program chronically faced waiting lists of 50 to 150 homebound elders each day that could not be reached with meals in a timely manner prior to the founding of Meals on Wheels of Contra Costa, Inc. in 1990; and WHEREAS, the Mission for Meals on Wheels of Contra Costa, Inc. is to “support homebound elders with nutritious daily meals to maintain their health, independence and dignity in the comfort and security of their own homes”; and WHEREAS, virtually every one of the 415,000 meals delivered to more than 2,200 frail homebound elderly Meals on Wheels participants this year through the countywide Meals on Wheels Program will be subsidized in large part by the community fundraising efforts of Meals on Wheels of Contra Costa, Inc.; and WHEREAS, the average participant in the countywide Meals on Wheels Program is 80+ years of age, lives alone or with a co-dependent spouse, lives below the “Elder Economic Security Standard”™ for Contra Costa County, and has one or more chronic health conditions that prevents their shopping for, preparing or otherwise receiving regular nutritious daily meals for themselves; and WHEREAS, the contributions and grants received by Meals on Wheels of Contra Costa, Inc. from individual donors and charitable organizations represent the largest single funding source for Meals on Wheels services in Contra Costa County in FY 2016-17; and WHEREAS, the countywide Meals on Wheels Program is administered by the Public Health Division of County Health Services under an interdepartmental agreement with the County Office of Aging administered by the County Employment and Human Services Department, and sub-contracts with four nonprofit community based organizations that coordinate services regionally throughout the county, including: West Contra Costa County Meals on Wheels; Meals on Wheels and Senior Outreach Services; Public Health Foundation Enterprises: and J-Sei Inc.; NOW THEREFORE BE IT RESOLVED that the Board of Supervisors of Contra Costa County hereby congratulates Meals on Wheels of Contra Costa, Inc., on achieving the milestone of having subsidized delivery of 5 million Meals to frail homebound elders through the countywide Meals on Wheels Program since its founding in 1990. ___________________ FEDERAL D. GLOVER Chair, District V Supervisor ______________________________________ JOHN GIOIA CANDACE ANDERSEN District I Supervisor District II Supervisor ______________________________________ DIANE BURGIS KAREN MITCHOFF District III Supervisor District IV Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, February 7, 2017 Contra Costa County Board of Supervisors Minutes 902 By: ____________________________________, Deputy February 7, 2017 Contra Costa County Board of Supervisors Minutes 903 PR.1, C.15 February 7, 2017 Contra Costa County Board of Supervisors Minutes 904 RECOMMENDATION(S): ADOPT Resolution No. 2017/36 recognizing The Restoration Trust and Boy Scout Troop 239, for their contributions to the annual Giving the Natives a Chance planting event, as recommended by the Chief Engineer, Flood Control and Water Conservation District, Concord area. FISCAL IMPACT: No fiscal impact. BACKGROUND: The Contra Costa County Flood Control and Water Conservation District (District) partnered with The Restoration Trust, a non-profit organization in Oakland, to develop a volunteer native planting project. The Restoration Trust efforts were funded by a grant to study native plantings in creeks that would reduce the need for herbicide use. From this partnership, Giving the Natives a Chance (GNC) was established in 2013, and has become an annual event in Concord on the District’s Clayton Drain flood control channel. Plants historically found in this landscape were reintroduced and planted at varying densities to see which species and planting methods were most successful. The project focused on testing the use of native perennials to supplant non-native annuals. All planted material was planted as plugs, which are relatively small, inexpensive, and easy to plant, making them especially useful for volunteer plantings. Native plant species included Santa Barbara sedge ( APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Mike Carlson, 925-313-2321 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 17 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 7, 2017 Contra Costa County Subject:ADOPT resolution recognizing The Restoration Trust & Boy Scout Troop 239 for their contributions to the Giving the Natives a Chance planting event February 7, 2017 Contra Costa County Board of Supervisors Minutes 905 BACKGROUND: (CONT'D) Carex barbarae), field sedge (Carex pregracilis), and creeping wild rye (Leymus triticoides). These plants are known for erosion control, fire suppression, and flood control vegetation management. The GNC restoration project showcases the benefits of re-establishing native plant communities along local streams. Existing conditions are dominated by non-native grasses, which are poorly-suited for dry conditions, and persist over most of urbanized California. Maintenance costs are higher with non-native plants since they require mowing, grazing, and herbicide application. Initiatives to increase funding for the District to properly maintain our channels have not been successful. This led the District to look for creative ways to lower maintenance costs without sacrificing service quality, while at the same time engaging the public to raise awareness of the need for adequate funding to support flood control facilities in the long term. In this partnership, The Restoration Trust initiated the study, selected the plants, and provided project oversight, plant delivery, supplies, and post-project monitoring. The District provided the location, prepared the site, purchased the plants, conducted volunteer outreach, and maintained the site after planting. Over the past four years, over 250 volunteers have contributed 800 hours of their time removing non-native plants and restoring native plants to the site. This resulted in 33,000 native grass plugs being planted and 1500 pounds of trash and debris being removed from the Clayton Valley Drain flood control channel. Boy Scout Troop 239 attended all four years of the GNC event. Typically the troop arrives with a group of 10 or more, and made up a fourth of the volunteer turn out in 2015 and 2016. Without the help of volunteers, like Boy Scout Troop 239, GNC would not be possible. The District looks forward to the GNC planting event each year, as it exemplifies what can happen when the County, a local non-profit, and the community work together to find a solution. This event has started a movement toward more environmentally responsible ways of maintaining our flood control channels and reducing maintenance costs while inspiring the next generation to get out and experience their local creeks. Staff recommends that the Board of Supervisors recognize The Restoration Trust and Boy Scout Troop 239 for their contributions to the annual Giving the Natives a Chance Planting Event, and adopt the attached resolution. CONSEQUENCE OF NEGATIVE ACTION: If this resolution is not adopted, The Restoration Trust and Boy Scout Troop 239 will not be recognized for their annual efforts and contributions to the Giving the Natives a Chance planting event. CHILDREN'S IMPACT STATEMENT: The District will continue to outreach to schools and youth-based groups within the County to educate them about the benefits of native species in our creeks. AGENDA ATTACHMENTS Resolution No. 2017/36 MINUTES ATTACHMENTS Signed Resolution No. 2017/36 February 7, 2017 Contra Costa County Board of Supervisors Minutes 906 In the matter of:Resolution No. 2017/36 IN THE MATTER OF recognizing The Restoration Trust and Boy Scout Troop 239 for their contributions toward developing and participating in the Giving the Natives a Chance planting event. WHEREAS, in 2013, the Flood Control and Water Conservation District partnered with The Restoration Trust to implement a project to restore native plants to local flood control channels. WHEREAS, The Restoration Trust initiated the site study, provides project oversight, and post-project monitoring. WHEREAS, The Restoration Trust and Boy Scout Troop 239 have assisted in planting 33,000 native grass plugs over the past four Giving the Natives a Chance events. WHEREAS, The Restoration Trust and Boy Scout Troop 239 have assisted removing over 1,500 pounds of trash and debris from the Clayton Valley Drain channel. WHEREAS, Boy Scout Troop 239 has dedicated over 120 hours to the Giving the Natives a Chance event. WHEREAS, the highly successful event has engaged hundreds of community members in litter removal, and education provided by The Restoration Trust about native plants and their benefits to our watersheds. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Contra Costa County does hereby recognize The Restoration Trust and Boy Scout Troop 239 for their contributions to the annual Giving the Natives a Chance planting event. ___________________ FEDERAL D. GLOVER Chair, District V Supervisor ______________________________________ JOHN GIOIA CANDACE ANDERSEN District I Supervisor District II Supervisor ______________________________________ DIANE BURGIS KAREN MITCHOFF District III Supervisor District IV Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, By: ____________________________________, Deputy February 7, 2017 Contra Costa County Board of Supervisors Minutes 907 C.17 February 7, 2017 Contra Costa County Board of Supervisors Minutes 908 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kate Rauch 510-231-8691 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 16 To:Board of Supervisors From:John Gioia, District I Supervisor Date:February 7, 2017 Contra Costa County Subject:Honoring Pamela Mirabella for her devoted service to the education of Contra Costa County students as a 28-year Trustee of the Contra Costa Board of E February 7, 2017 Contra Costa County Board of Supervisors Minutes 909 AGENDA ATTACHMENTS Resolution No. 2017/29 MINUTES ATTACHMENTS Signed Resolution No. 2017/29 February 7, 2017 Contra Costa County Board of Supervisors Minutes 910 In the matter of:Resolution No. 2017/29 Honoring Pamela Mirabella for her devoted service to the education of Contra Costa County students as a 28-year Trustee of the Contra Costa Board of Education. WHEREAS, for 28 years, Pamela Mirabella worked tirelessly for educational excellence for all students in Contra Costa County serving as the Area 1 Trustee of the Contra Costa County Office of Education Board, dedicated to the citizens of her West County area and all of the County; and WHEREAS, Ms. Mirabella has advocated before the State Legislature for equity in education funding and for expanded offerings in Career Technical Education, and Early Childhood Education; and WHEREAS, Ms. Mirabella has worked to bridge achievement, digital, and opportunity gaps for students in all grade levels; and WHEREAS, Ms. Mirabella has sought improvements in teacher recruitment, retention, and employee compensation; and WHEREAS, student safety, school facilities, and thriving school communities on and off campus have been high priorities for Ms. Mirabella; and WHEREAS, Ms. Mirabella has provided leadership in the California County Boards of Education (CCBE) Legislative Committee, CCBE Legislative Charter School Task Force Committee, and CCBE Teacher Recruitment and Staff Development sub-committee. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Contra Costa County does hereby honor Pamela Mirabella for her dedicated service on the Contra Costa Board of Education to quality learning for all students, and thank her for her deep commitment to education. ___________________ FEDERAL D. GLOVER Chair, District V Supervisor ______________________________________ JOHN GIOIA CANDACE ANDERSEN District I Supervisor District II Supervisor ______________________________________ DIANE BURGIS KAREN MITCHOFF District III Supervisor District IV Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, By: ____________________________________, Deputy February 7, 2017 Contra Costa County Board of Supervisors Minutes 911 C.16 February 7, 2017 Contra Costa County Board of Supervisors Minutes 912 RECOMMENDATION(S): 1. ACKNOWLEDGE that the public hearing for the determination of property tax administrative costs was incorrectly noticed for February 14, 2017 at 9:30 a.m.; 2. FIX March 7, 2017 at 9:30 a.m. for a public hearing on the determination of property tax administrative costs; 3. DIRECT the Clerk of the Board to notify affected local jurisdictions of the public hearing; and 4. DIRECT the Clerk of the Board to prepare and publish the required legal notice. FISCAL IMPACT: None. The report details the property tax-related costs of the County in fiscal year 2015-2016 in order to determine the amount of cost recovery in fiscal year 2016-2017. The determination of the property tax administrative costs will occur at the hearing on March 7, 2017. BACKGROUND: In 1997, the Board of Supervisors adopted Resolution No. 97/129 which provides procedures for property tax administrative cost recovery. The recommended actions are necessary for implementation of Resolution No. 97/129 for the current fiscal year. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lisa Driscoll (925) 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robert Campbell, County Auditor-Controller C. 18 To:Board of Supervisors From:David Twa, County Administrator Date:February 7, 2017 Contra Costa County Subject:Property Tax Administrative Cost Recovery February 7, 2017 Contra Costa County Board of Supervisors Minutes 913 CONSEQUENCE OF NEGATIVE ACTION: If the hearing is not set to consider and adopt the finding of property tax costs, the costs cannot be recovered, resulting in a loss of General Fund revenue in the current fiscal year. ATTACHMENTS 2016-17 Property Tax Admin Report February 7, 2017 Contra Costa County Board of Supervisors Minutes 914 February 7, 2017 Contra Costa County Board of Supervisors Minutes 915 February 7, 2017 Contra Costa County Board of Supervisors Minutes 916 February 7, 2017 Contra Costa County Board of Supervisors Minutes 917 February 7, 2017 Contra Costa County Board of Supervisors Minutes 918 February 7, 2017 Contra Costa County Board of Supervisors Minutes 919 February 7, 2017 Contra Costa County Board of Supervisors Minutes 920 February 7, 2017 Contra Costa County Board of Supervisors Minutes 921 February 7, 2017 Contra Costa County Board of Supervisors Minutes 922 February 7, 2017 Contra Costa County Board of Supervisors Minutes 923 February 7, 2017 Contra Costa County Board of Supervisors Minutes 924 February 7, 2017 Contra Costa County Board of Supervisors Minutes 925 February 7, 2017 Contra Costa County Board of Supervisors Minutes 926 February 7, 2017 Contra Costa County Board of Supervisors Minutes 927 February 7, 2017 Contra Costa County Board of Supervisors Minutes 928 February 7, 2017 Contra Costa County Board of Supervisors Minutes 929 February 7, 2017 Contra Costa County Board of Supervisors Minutes 930 February 7, 2017 Contra Costa County Board of Supervisors Minutes 931 February 7, 2017 Contra Costa County Board of Supervisors Minutes 932 February 7, 2017 Contra Costa County Board of Supervisors Minutes 933 RECOMMENDATION(S): ACCEPT the resignation of Walt Gillfillan, DECLARE a vacancy in the Alternative Seat 2 on the Kensington Municipal Advisory Council (KMAC), and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Gioia. FISCAL IMPACT: None. BACKGROUND: The KMAC shall advise the Board of Supervisors on land-use planning matters affecting the Kensington community, such as land-use designations, master-plan amendments, environmental-impact reports, negative declarations, and zoning-variance applications. The KMAC shall also represent the community before the County Planning Commission, the Zoning Administrator, and the County Board of Supervisors on such land use, planning and zoning matters. It is understood that the Board of Supervisors is the final decision making authority with respect to issues concerning the Kensington community and that the KMAC shall serve solely in an advisory capacity. In addition, the KMAC may: Advise the Board of Supervisors on local government services as requested by the Board: provide input and reports to the Board, County staff or any County hearing body on issues of concern to the community; serve as liaison between the community and the County Supervisor representing Kensington. Walt Gillfillan iis no longer able to serve on the Kensington Municpial Advisory Council (KMAC) due to illness. He informed Supervisor John Gioia through a telephone call. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kate Rauch, 510-231-8691 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 23 To:Board of Supervisors From:John Gioia, District I Supervisor Date:February 7, 2017 Contra Costa County Subject:Accept the resignation of Walt Gillfillan from the Alternative Seat 2 on the Kensington Municipal Advisory Council (KMAC) February 7, 2017 Contra Costa County Board of Supervisors Minutes 934 AGENDA ATTACHMENTS MINUTES ATTACHMENTS Vacancy Notice February 7, 2017 Contra Costa County Board of Supervisors Minutes 935 February 7, 2017 Contra Costa County Board of Supervisors Minutes 936 RECOMMENDATION(S): APPOINT the following individual to the District II Seat of the Contra Costa Commission for Women for a term with an expiration date of February 28, 2019, as recommended by Supervisor Candace Andersen: Beth Mora Danville, CA 94506 FISCAL IMPACT: None. BACKGROUND: The Commission for Women was established to identify major economic, educational, and social concerns of women in Contra Costa County, and to reach and inform all women on a variety of issues. The Commission consists of 26 members: one member from each Supervisorial District, 20 At Large members, and 1 Alternate At Large member. The IO Committee reviews nominations to the 20 At Large seats and their Alternate. Terms for all Commission seats are three years. CONSEQUENCE OF NEGATIVE ACTION: The District 2 Seat will remain Vacant. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jill Ray, 925-957-8860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: District 2 Supervisor, Maddy Book, Womens Commission, Appointee C. 21 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:February 7, 2017 Contra Costa County Subject:APPOINTMENT TO THE CONTRA COSTA COMMISSION FOR WOMEN February 7, 2017 Contra Costa County Board of Supervisors Minutes 937 RECOMMENDATION(S): ACCEPT the resignation of Michael Caine, DECLARE a vacancy in the County Special Districts seat on the Treasury Oversight Committee, and DIRECT the Clerk of the Board to post the vacancy, as recommended by the Treasurer-Tax Collector. FISCAL IMPACT: No fiscal impact. BACKGROUND: The purpose of the Treasury Oversight Committee is to review the County's investment policy, regularly monitor the County Investment Pool's performance, and report on the pool's performance to the Board of Supervisors. The membership of seven comprises: (1) One representative (or Member) appointed by the Board of Supervisors; (2) The County Superintendent of Schools, or his or her designee; (3) One representative selected by a majority of the presiding officers of the governing bodies of the school districts and the community college district in the County; (4) One representative selected by a majority of the presiding officers of the legislative bodies APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Ronda Boler, (925) 957-2806 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 19 To:Board of Supervisors From:Russell Watts, Treasurer-Tax Collector Date:February 7, 2017 Contra Costa County Subject:DECLARE A VACANCY ON THE TREASURY OVERSIGHT COMMITTEE February 7, 2017 Contra Costa County Board of Supervisors Minutes 938 BACKGROUND: (CONT'D) of the special districts in the County that are required or authorized to deposit funds in the County Treasury; and (5-7) three members of the public, a majority of whom shall have expertise in, or an academic background in, public finance and who shall be economically diverse and bipartisan in political registration. (May have no fewer than three nor more than 11 members, additional restrictions are on members). Michael Caine, who held the Special Districts seat on the Treasury Oversight Committee for six months, was not re-elected to the West County Wastewater District in the November 8, 2016 local elections. Nominees to the Special Districts seat are selected by a majority of the presiding officers of the governing bodies of the special districts in the County. The new nomination will be brought to the Board's Internal Operations Committee for review and recommendation to the Board of Supervisors. CONSEQUENCE OF NEGATIVE ACTION: Failure to declare the vacancy before making a new appointment will cause the County to be out of compliance with State law. February 7, 2017 Contra Costa County Board of Supervisors Minutes 939 RECOMMENDATION(S): Accept the resignation of John Lee, M.D. as Alternate for physicians on the Joint Conference Committee, and Appoint Ori Tzvieli, M.D as the Alternate for physicians, as recommended by the Medical Director of Contra Costa Health Plan, Dr. James Tysell. FISCAL IMPACT: Not applicable. BACKGROUND: The Joint Conference Committee of the Board of Supervisors and Contra Costa Health Plan (CCHP) is the mechanism by which the Board of Supervisors exercises oversight of CCHP. All meetings of the Joint Conference Committee are open to the public because of the public nature of the Board of Supervisors. A quorum requires 3 of 4 voting members in attendance. The physician alternate may vote in place of a physician member for the purposes of reaching a quorum. Terms are two years with unlimited reappointments. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Tasha Scott, Marcy Wilhelm, Deboran Everist C. 25 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Joint Conference Committee February 7, 2017 Contra Costa County Board of Supervisors Minutes 940 RECOMMENDATION(S): Approve the medical staff appointments and reappointments, affiliates, additional privileges, revisions to the psychiatric privileges form and voluntary resignations as recommended by the Medical Staff Executive Committee at the January 23, 2017 meeting, and by the Health Services Director. FISCAL IMPACT: Not applicable. BACKGROUND: The Joint Commission on Accreditation of Healthcare Organizations has requested that evidence of Board of Supervisors approval for each Medical Staff member will be placed in his or her Credentials File and updated policies and privileges to accommodate any changes in the facility. The above recommendations for appointment/reappointment were reviewed by the Credentials Committee and approved by the Medical Executive Committee. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Contra Costa Regional Medical and Contra Costa Health Centers' medical staff would not be appropriately credentialed and not be in compliance with the Joint Commission on Accreditation of Healthcare Organizations. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Tasha Scott, Marcy Wilhelm, Jeanette Peel C. 24 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Medical Staff Appointments and Reappointments – January 2017 February 7, 2017 Contra Costa County Board of Supervisors Minutes 941 ATTACHMENTS January Appts Psy Priviledges Form February 7, 2017 Contra Costa County Board of Supervisors Minutes 942 MEC Recommendations – January 2017 Definitions: A=Active C=Courtesy Aff=Affliate P/A= Provisional Active P/C= Provisional Courtesy Page 1 A. New Medical Staff Members Mary Joseph, MD Pediatrics Bamidele Olatunbosun, MD Hospitalist Hyonah Shin, MD Emergency Medicine Julie Thompson, MD Internal Medicine Deron Warren, DO Emergency Medicine Yana Wirengard, MD Surgery B. New Affiliate Staff Members Haley Kirkpatrick, FNP Family Medicine Amennah Moghaddam, FNP Family Medicine C. New Teleradiologist Staff Members Franklin Nowke, MD D. Advance to Non-Provisional Peter Ureste, MD Psychiatry/Psychology E. Request for Additional Privileges Department Requesting Courtney Beach, MD Hospitalist EKG, Exercise Stress Test Lilian Chan, MD Family Medicine Basic 1st/2nd Trimester Ultrasound Rebecca Miller, MD Emergency Medicine Acupuncture F. Biennial Reappointments Gloria Asuncion, MD Pathology C Grace Cavallaro, MD OB/GYN A Umee Davae, DO Psychiatry/Psychology A Alex Espinoza, MD Pediatrics C Lance Gee, MD Family Medicine A Susan Feierabend, MD OB/GYN A Imtiaz Ghori, MD Pediatrics A Alexander Gorodetsky, MD Psychiatry/Psychology C Karine Hajyan, DO OB/GYN A Estela Hernandez, MD Emergency Medicine A Paul Kwok, DO Anesthesia A William Peterson, MD Emergency Medicine A Michael Price, MD Diagnostic Imaging C Irina Pyrkova-Corotan, MD Internal Medicine A Zulfikar Rasool Vali, MD Psychiatry/Psychology A Paul Reif, MD Internal Medicine A Charles Saldanha, MD Psychiatry/Psychology A Vinod Sharma, MD Psychiatry/Psychology A Joyce Tang, MD Family Medicine A Lisa Wang, MD Psychiatry/Psychology A Mark Wille, MD Internal Medicine A Peter Won, MD Diagnostic Imaging A Monte Wu, MD Internal Medicine C February 7, 2017 Contra Costa County Board of Supervisors Minutes 943 MEC Recommendations – January 2017 Definitions: A=Active C=Courtesy Aff=Affliate P/A= Provisional Active P/C= Provisional Courtesy Page 2 G. Biennial Renew of Privileges Phylils Howard, NP Family Medicine H. Biennial Reappointment for Teleradiologist (VRAD) Arati Khanna, MD Jonathan Bold, MD Michael Novick, MD I. Voluntary Resignations Thuy-Trang Dang, MD Internal Medicine Asha Gandhi, MD Psychiatry/Psychology Sumana Kaipa, PsyD Psychiatry/Psychology Landrus Pfeffinger, MD Surgery/Orthopedics Meena Rajendren, MD Psychiatry/Psychology Cindy Su, MD Obstetrics & Gynecology Michele Tomasulo, N Obstetrics & Gynecology Mark Vukalcic, MD Anesthesia February 7, 2017 Contra Costa County Board of Supervisors Minutes 944 Contra Costa Regional Medical Center Psychiatry Privileges Request Form C BE/BC in Adult Psychiatry 1 year N/A U BE/BC in Child/Adol. Psychiatry 2 years 1 year in last 4 yrs. C BE/BC in Adult Psychiatry or psychiatric NP 1 year N/A U BE/BC in Child /Adol. Psychiatry or psychiatric NP 2 years 1 year in last 4 yrs. C Completed 3 years PSI residency or psychiatric NP 1 year N/A U BE/BC in Adult Psychiatry or psychiatric NP 2 years 1 year in last 4 yrs. C Completed 3 years PSI residency or psychiatric NP 1 year N/A U BE/BC in Adult Psychiatry or psychiatric NP 2 years 1 year in last 4 yrs. C Completed 2 years PSI residency 1 year N/A U* Completed 3 year PSI Residency (with phone backup) 2 years 1 year in last 4 yrs. U BE/BC in Adult Psychiatry 2 years 1 year in last 4 yrs. PSI PSI 14 General Outpatient Psychiatric Care 0 - 13 Years Old General Outpatient Psychiatric Care 14 Years - 17 Years Old PSI PSI 15 PSI 17 General Outpatient Psychiatric Care >50 Years Old PSI 16 General Outpatient Psychiatric Care 18 Years - 59 Years Old Crisis Evaluation and Treatment, Referral for Inpatient Treatment, and Emergency Inpatient Admission Orders Practitioner Name: ___________________________________ GrantedD= Denied P= Pending CNM=Criteria Not Met Training/ EducationD= With Direct Supervision C = With Consultation U = Unrestricted NumberPrivilege Descriptions D/C/U Experience Current Competence Requested Departments (s)Psychiatry PSI 10 PSI PSI PSI * Separate proctoring required Last Revised: 01/2017 Page 1 of 3February 7, 2017 Contra Costa County Board of Supervisors Minutes 945 Contra Costa Regional Medical Center Psychiatry Privileges Request Form Practitioner Name: ___________________________________ GrantedD= Denied P= Pending CNM=Criteria Not Met Training/ EducationD= With Direct Supervision C = With Consultation U = Unrestricted NumberPrivilege Descriptions D/C/U Experience Current Competence Requested Departments (s)Psychiatry C BE/BC in Adult Psychiatry or psychiatric NP 1 year N/A U BE/BC in Adult Psychiatry or psychiatric NP 2 years 1 year in last 4 yrs. C Completed 2 years PSI residency 1 year N/A U* Completed 3 year PSI Residency (with phone backup) 2 years 1 year in last 4 yrs. U BE/BC in Adult Psychiatry 2 years 1 year in last 4 yrs. C Completed 2 years PSI residency 1 year N/A U* Completed 3 year PSI Residency (with phone backup) 2 years 1 year in last 4 yrs. U BE/BC in Adult Psychiatry 2 years 1 year in last 4 yrs. C Completed 2 years PSI residency 1 year N/A U* Completed 3 year PSI Residency (with phone backup) 2 years 1 year in last 4 yrs. U BE/BC in Psychiatry 2 years 1 year in last 4 yrs. PSI PSI 8 Inpatient Consultation/Liaison Services PSI PSI 12 General Inpatient Psychiatric Care >50 Years Old PSI Ambulatory Clinic Outpatient Consultation/Liaison Services PSI 9 General Inpatient Psychiatric Care 18 - 59 Years Old PSI PSI 7 * Separate proctoring required Last Revised: 01/2017 Page 2 of 3February 7, 2017 Contra Costa County Board of Supervisors Minutes 946 Contra Costa Regional Medical Center Psychiatry Privileges Request Form Practitioner Name: ___________________________________ GrantedD= Denied P= Pending CNM=Criteria Not Met Training/ EducationD= With Direct Supervision C = With Consultation U = Unrestricted NumberPrivilege Descriptions D/C/U Experience Current Competence Requested Departments (s)Psychiatry C Completed 3 years PSI residency 1 year 1 year in last 4 yrs. U BE/BC in Psychiatry 2 years 1 year in last 4 yrs. PSI PSI 11 Psychotherapy ____________________________________________________ Signature of Requesting Practitioner Date I certify that I am licensed for clinical practice in the State of California, I have reviewed the Contra Costa Regional Medical Center Privilege Criteria, and that I meet the specified criteria for education/training, experience, and current competence for the privileges that I have requested above. Signature of Department Chairperson Date ____________________________________________________ Signature of Division Chairperson Date ____________________________________________________ * Separate proctoring required Last Revised: 01/2017 Page 3 of 3February 7, 2017 Contra Costa County Board of Supervisors Minutes 947 RECOMMENDATION(S): REAPPOINT the following individual to the District IV Seat on the Countywide Bicycle Advisory Committee to a term expiring December 31, 2018. Ms. Rose Chait Walnut Creek, CA 94596 FISCAL IMPACT: None. BACKGROUND: The committee provides input to the County and the cities of the County on bicycle projects for Transportation Development Act (TDA) funds to construct bicycle/pedestrian projects and also provides advice to cities and the County on bicycle planning matters. The committee consists of sixteen members. One representative from each of the five Supervisorial districts, one representative from eight bicycle organizations that use the roads in Contra Costa County. One representative from the Mayor's Conference, the East Bay Regional Park District and the bicycle industry. The California Highway Patrol and Superintendent of Schools serve as resources only. The qualifications for membership on the committee are to live or work in the County. Each representative should designate an alternate who much also live or work in the County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lisa Chow, (925) 521-7100 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 20 To:Board of Supervisors From:Karen Mitchoff, District IV Supervisor Date:February 7, 2017 Contra Costa County Subject:REAPPOINT Rose Chiat to the District IV Seat on the Countywide Bicycle Advisory Committee February 7, 2017 Contra Costa County Board of Supervisors Minutes 948 CONSEQUENCE OF NEGATIVE ACTION: The seat will remain vacant. February 7, 2017 Contra Costa County Board of Supervisors Minutes 949 RECOMMENDATION(S): REAPPOINT the following individuals to County Service Area P-2A to a term expiring December 31, 2018, as recommended by Supervisor Diane Burgis. Appointee 4 Ron Banducci Danville, CA 94506 Appointee 1 Janet Smith Danville, CA 94506 Appointee 7 William Marz Danville, CA 94506 FISCAL IMPACT: None. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lea Castleberry, (925) 252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 26 To:Board of Supervisors From:Diane Burgis, District III Supervisor Date:February 7, 2017 Contra Costa County Subject:REAPPOINTMENTS TO P-2A Citizens Advisory Committee February 7, 2017 Contra Costa County Board of Supervisors Minutes 950 BACKGROUND: The advisory committee functions to advise the Board of Supervisors and the Sheriff's Department on the needs of the Blackhawk community for extended police services which shall include, but not limited to, enforcement of the State Vehicle Code, crime prevention, and litter control. The District 3 Supervisor accepted applications and made the recommendation to reappoint the above individuals. February 7, 2017 Contra Costa County Board of Supervisors Minutes 951 RECOMMENDATION(S): ACCEPT the resignation of Beth Mora, DECLARE a vacancy in the At-Large Seat #11 on the Contra Costa Commission for Women, and DIRECT the Clerk of the Board to post the vacancy. FISCAL IMPACT: None. BACKGROUND: The Contra Costa Commission for Women (CCCW) was formed to educate the community and advise the Contra Costa County Board of Supervisors and other entities on the issues relating to the changing social and economic conditions of women in the County, with particular emphasis on the economically disadvantaged. The Committee consists of 20 members and one alternate, including: •Five district representatives; (one from each supervisorial district) •Fifteen at large members; and •One at large alternate The five district representatives are nominated for a three year term by each of the five members of the Board of Supervisors. The fifteen at large members and one at large alternate are nominated by the CCCW membership APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Enid Mendoza, (925) 335-1039 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 22 To:Board of Supervisors From:David Twa, County Administrator Date:February 7, 2017 Contra Costa County Subject:Resignation to the At-Large Seat #11 on the Commission for Women February 7, 2017 Contra Costa County Board of Supervisors Minutes 952 BACKGROUND: (CONT'D) committee and forwarded to the full CCCW. Ms. Beth Mora's appointment to the At-Large Seat #11 was approved by the Board on September 27, 2016. Due to a recent vacancy in the District II seat on the CCCW, Ms. Mora shared her interest in filling that vacancy and Supervisor Andersen has agreed to appoint her. Therefore, Ms. Mora is resigning from the At-Large Seat #11, but will continue to serve the Commission in the District II seat. AGENDA ATTACHMENTS MINUTES ATTACHMENTS Vacancy Notice February 7, 2017 Contra Costa County Board of Supervisors Minutes 953 February 7, 2017 Contra Costa County Board of Supervisors Minutes 954 RECOMMENDATION(S): APPROVE Appropriation Adjustment No. 5047 authorizing new revenue in the Office of the Sheriff (0255) in the amount $324,000 from the Office of the Traffic Safety grant and appropriating it for the Sheriff's Forensic Services Unit purchase of breath alcohol instruments. FISCAL IMPACT: No County costs. $324,000, 100% State funds. BACKGROUND: Resolution No. 2016/494 authorized the Office of the Sheriff to accept a grant from the California Office of Traffic Safety (OTS). The grant will be used to replace the SO's aging breath alcohol instruments with new equipment from Intoximeters, Inc. It also allows for training of laboratory and law enforcement personnel on the theory and operation of the new breath alcohol instruments. The Contra Costa County Office of the Sheriff Crime Laboratory unit is responsible for the evidential breath program in Contra Costa County. This includes selection and installation of the evidential breath instruments used in driving under the influence of alcohol investigations. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Liz Arbuckle 335-1529 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Liz Arbuckle, Heike Anderson, Tim Ewell C. 27 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:February 7, 2017 Contra Costa County Subject:Appropriation Adjustment - Office of Traffic Safety Grant February 7, 2017 Contra Costa County Board of Supervisors Minutes 955 BACKGROUND: (CONT'D) The vendor Intoximeters Inc. is the only vendor that meets grant guidelines that include an instrument on the Department of Transportation (DOT) Conforming Products List, as well as being manufactured in the United States. The instruments meet the specifications and guidelines set forth in Title 17, California Code of Regulations for Forensic Alcohol Analysis. CONSEQUENCE OF NEGATIVE ACTION: Funding will not be appropriated related to the Office of Traffic Safety grant. CHILDREN'S IMPACT STATEMENT: No impact. AGENDA ATTACHMENTS Appropriation and Revenue Adjustment No. 5047 MINUTES ATTACHMENTS Signed Approp Adj 5047 February 7, 2017 Contra Costa County Board of Supervisors Minutes 956 February 7, 2017Contra Costa County Board of Supervisors Minutes957 February 7, 2017Contra Costa County Board of Supervisors Minutes958 February 7, 2017 Contra Costa County Board of Supervisors Minutes 959 February 7, 2017 Contra Costa County Board of Supervisors Minutes 960 RECOMMENDATION(S): ADOPT a "Support" position on Senate Bill 1 (Beall) Transportation Funding, which will increase revenues for transportation infrastructure purposes through tax and fee increases, streamline project delivery through environmental review process revisions, and other protective actions relative to transportation revenue, and AUTHORIZE the Chair of the Board of Supervisors to sign a letter communicating the Board's position. FISCAL IMPACT: There is no fiscal impact related to adopting a position on the bill. There is no legislative analysis available at this time. BACKGROUND: Recent Related Board of Supervisors Discussion At the January 17, 2017 Board of Supervisors meeting the Board discussed Assembly Bill 1 (AB 1): (Frazier) Transportation Funding, and took a "support" position (Support letter attached). Staff is returning with the companion bill, Senate Bill 1 (SB 1): (Beall). At the time AB 1 was submitted, SB 1 information was not yet available. Given the similarities between the bills, staff is submitting SB 1 with a recommendation of "support". This is in contrast to AB 1 which was brought forward as a deliberation item with a recommendation to "consider taking a position". APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: John Cunningham (925) 674-7884 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 28 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 7, 2017 Contra Costa County Subject:ADOPT a "Support" Position on Senate Bill 1 (Beall): Transportation Funding February 7, 2017 Contra Costa County Board of Supervisors Minutes 961 BACKGROUND: (CONT'D) > While the bills are similar, they are not identical. For purposes of brevity and clarity, this report focuses on the differences between the bills. Background information such as the well-established need for the bills, supporting data and rationale, the implications of not securing a transportation funding solution, etc., can be found in the January 17, 2017 report to the Board of Supervisors available here: http://64.166.146.245/docs/2017/BOS/20170117_872/882_01-17-17_1438_AGENDApacket.pdf#page=758 SB 1/AB 1 Revenue Difference Summary Table: Legislation Description and SB 1-AB 1 Differences Below is a summary of the subject bill developed by Mark Watts, the County's legislative advocate. Where they exist, differences between SB 1 and AB 1 (2017), and AB X 1-26 (2016) are noted: Senate Bill 1 (Beall) Transportation Funding Package An approximately $6.1 billion (was $7.4 in 2016's AB X 1-26)) annual funding package to repair and maintain our state and local roads, improve our trade corridors, and support public transit and active transportation. A $706 million repayment of outstanding transportation loans for state and local roads. Eliminates the BOE “true up” that causes funding uncertainty and is responsible for drastic cuts to regional transportation projects. Indexes transportation taxes and fees to the California CPI in order to keep pace with inflation. Includes reforms and accountability for state and local governments to protect taxpayers. Streamlines transportation project delivery to help complete projects quicker and cheaper. Protects transportation revenue from being diverted for non-transportation purposes.* Helps local governments raise revenue at home to meet the needs of their communities.* New Annual Funding February 7, 2017 Contra Costa County Board of Supervisors Minutes 962 State -- $1.9 (Was $2.9 in 2016's AB X 1-26) billion annually for maintenance and rehabilitation of the state highway system. Locals -- $2.4 (Was $2.5 billion in 2016's AB X 1-26) annually for maintenance and rehabilitation of local streets and roads. Regions -- $577 (Was $534 million in 2016's AB X 1-26) annually to help restore the cuts to the State Transportation Improvement Program (STIP). Transit -- $603 (Was $516 in 2016's AB X 1-26 and $563 in AB1 (2017)) million annually for transit capital projects and operations. Freight -- $600 (Was $900 in 2016's AB X 1-26) million annually for goods movement. Active Transportation -- $80 million annually, with up to $150 million possible through Caltrans efficiencies, for bicycle and pedestrian projects. Constitutional Amendment to help locals raise funding at home by lowering the voter threshold for transportation tax measures to 55 percent.* Reforms and Accountability Restores the independence of the California Transportation Commission (CTC). Creates the Office of Transportation Inspector General to oversee all state spending on transportation programs. Increases CTC oversight and approval of the State Highway Operations and Protection (SHOPP) program. Requires local governments to report streets and roads projects to the CTC and continue their own funding commitments to the local system. Streamlining Project Delivery Permanently extends existing CEQA exemption for improvements in the existing roadway. Permanently extends existing federal NEPA delegation for Caltrans. Creates an Advance Mitigation program for transportation projects to help plan ahead for needed environmental mitigation. New Annual Funding Sources Gasoline Excise Tax -- $1.8 billion (12 cents per gallon increase). This is a decrease from 2016's AB X 1-26 which was $2.5 billion (17 cents per gallon increase). End the BOE "true up" -- $1.1 billion Diesel Excise Tax -- $600 million (20 cents per gallon increase). This is a decrease from 2016's AB X 1-26 which was $900 million (30 cents per gallon increase) Vehicle Registration Fee -- $1.3 billion ($38 per year increase). This is identical to 2016's AB X 1-26 Zero Emission Vehicle Registration Fee (1) -- $13 Million (AB1 2017 = $21 million) ($165 per year starting in 2nd year) (Was $16 million ($165 per year starting in 2nd year) in 2016's AB X 1-26) Truck Weight Fees -- $500 million (return to transportation over five years). This is a decrease from 2016's AB X 1-26 which was $1 billion. Diesel Sales Tax -- $303 million (AB1 2017 = 263) (increase increment to 5.25%). This is an increase from 2016's AB X 1-26 which was $216 million (3.5% increase). Cap and Trade -- $300 million (from unallocated C&T funds) Miscellaneous transportation revenues (2) -- $185 million (Was $149 million in 2016's AB X 1-26) Keeping Promises and Protecting Revenues One-time repayment of outstanding loans from transportation programs over two years. ($706 million) Return of truck weight fees to transportation projects over five years. ($500 million, was $1 billion in 2016's AB X 1-26) Constitutional amendment to ensure new funding cannot be diverted for non-transportation uses.* (1) Zero Emission Vehicle Registration Fees, the revenue increases but the per year/vehicle fee does not. An updated forecast was provided which resulted in the revenue increase. (2) Miscellaneous transportation revenues are a combination of funds that [1] accrue to Caltrans from property rentals and the minor sources, and [2] a correction to a misinterpretation by State Controller regarding funds that February 7, 2017 Contra Costa County Board of Supervisors Minutes 963 rentals and the minor sources, and [2] a correction to a misinterpretation by State Controller regarding funds that ought to accrue to the Highway Users Tax Account (HUTA) (fuel tax funds for local roads) when the Tax that ought to accrue to the Highway Users Tax Account (HUTA) (fuel tax funds for local roads) when the Tax Swap was enacted. Regarding [2], the misinterpretation has continued to the benefit of the state General Fund, when in fact the subject revenues should be transferred to the HUTA. Additional Information - Governors Office: The Governor released his proposed budget which includes a number of transportation funding reforms and revenue increases. As reported at the January 17th Board of Supervisors meeting, the understanding is that the Governor is open to negotiations on a transportation funding solution so long as the Senate and Assembly continue to make progress with SB 1 and AB 1. * Future Legislation Related to Transportation Revenue Protection and Voter Threshold Reduction Revenue Protection: On January 18th, Senate Constitutional Amendment 2 (Newman) was introduced. The bill would prohibit the Legislature from borrowing revenues from fees and taxes imposed by the state on vehicles or their operation and redirect those funds for non-transportation purposes. Vote Threshold: At the time this report was submitted, staff understands that draft language to lower the vote threshold from supermajority (2/3rds) to simple majority for local transportation related transactions and use taxes has been submitted for Legislative Counsel's review. The County's 2016 State Legislative platform includes support for a threshold reduction for transportation taxes: General Revenues/Finances: 44. SUPPORT a reduction in the 2/3rd vote requirement to 55% voter approval for locally-approved special taxes that fund health, education, economic, stormwater services, library, transportation and/or public safety programs and services. As additional details become available on the two legislative efforts above, staff will report to the Transportation, Water, and Infrastructure Committee and the BOS. Support Associated General Contractors (AGC) California Association of Councils of Governments/Self Help Counties Coalition California State Association of Counties (CSAC) California Transit Association California Transportation Commission City of American Canyon City of Carpinteria City of Chino City of Colton City of Crescent City City of Cupertino City of Fort Bragg City of Goleta City of La Mirada City of Lafayette City of Lakeport City of Lodi City of Modesto City of Monterey City of Moorpark City of Morro Bay City of Ontario City of Palos Verdes Estates February 7, 2017 Contra Costa County Board of Supervisors Minutes 964 City of Pico Rivera City of Pismo Beach City of Point Arena City of Rancho Cucamonga City of Riverbank City of Sacramento City of San Carlos City of San Jose City of San Luis Obispo City of Santa Barbara City of Sausality City of Thousand Oaks City of Ukiah City of Vernon City of Woodland County of Humboldt Board of Supervisors County of Marin Board of Supervisors County of Monterey Board of Supervisors County of Napa Board of Supervisors County of Riverside Board of Supervisors County of Sacramento Board of Supervisors County of Santa Clara Board of Supervisors County of Santa Cruz Board of Supervisors County of Yolo Board of Supervisors Golden Empire Transit District (GET) in Bakersfield Granite Construction Incorporated League of California Cities Los Angeles County Division of the League of California Cities Marin County Council of Mayors and Councilmembers (MCCMC) Orange County Business Council (OCBC) Professional Engineers in California Government (PECG) Santa Clara Valley Transportation Authority (VTA) Santa Cruz County Regional Transportation Commission (SCCRTC) Silicon Valley Leadership Group Siskiyou County Local Transportation Commission Town of Danville Town of Windsor Town of Yountville Transportation Agency for Monterey County (TAMC) United Contractors Urban Counties of California Ventura Council of Governments Support if Amended City of Signal Hill Oppose Unless Amended Neutral Environmental Coalitions CONSEQUENCE OF NEGATIVE ACTION: Contra Costa County would not have a position on the bill. ATTACHMENTSFebruary 7, 2017 Contra Costa County Board of Supervisors Minutes 965 ATTACHMENTS BOS to AM Frazier: SUPPORT - AB 1: Transportation Funding SB 1 Bill Text State Gas Tax Presentation CSAC Analysis 02-07-17 BOS to Sen JBeall reSB1 Support DRAFT February 7, 2017 Contra Costa County Board of Supervisors Minutes 966 February 7, 2017 Contra Costa County Board of Supervisors Minutes 967 February 7, 2017 Contra Costa County Board of Supervisors Minutes 968 Contra Costa County State Delegation Distribution List Assembly District 2016 - 18 Representative Committee Positions Address & Phone 11th Jim Frazier Chairperson, Transportation Capitol Office: P.O. Box 942849, Room 3091 Sacramento, CA 94249- 0011 Phone: 916-319-2011 14th Timothy S. Grayson TBD Capitol Office: P.O. Box 942849, Room 4140 Sacramento, CA 94249-0014 Phone: 916-319-2014 15th Tony Thurmond TBD Capitol Office: P.O. Box 942849, Room 5150 Sacramento, CA 94249-0015 Phone: 916-319-2015 16th Catharine Baker TBD Capitol Office: P.O. Box 942849, Room 4153 Sacramento, CA 94249-0016 Phone: 916-319-2016 Senate District 2016 – 18 Representative Position Address 3rd William H. Dodd TBD Capitol Office: State Capitol, Room 5064 Sacramento, CA 95814 Phone: 916-651-4003 7th Steven M. Glazer TBD Capitol Office: State Capitol, Room 5108 Sacramento, CA 95814 Phone: 916-651-4007 9th Nancy Skinner TBD Capitol Office: State Capitol, Room 2059 Sacramento, CA 95814-4900 Phone: 916-651-4009 G:\Transportation\Legislation\Legislative Listing.docx February 7, 2017 Contra Costa County Board of Supervisors Minutes 969 SENATE BILL No. 1 Introduced by Senator Beall (Coauthors: Senators Dodd, Hertzberg, Hill, McGuire, Mendoza, Monning, Wieckowski, and Wiener) December 5, 2016 An act to amend Sections 13975, 14500, 14526.5, and 16965 of, to add Sections 14033, 14110, 14526.7, and 16321 to, to add Part 5.1 (commencing with Section 14460) to Division 3 of Title 2 of, and to repeal Section 14534.1 of, the Government Code, to amend Section 39719 of the Health and Safety Code, to amend Section 21080.37 of, and to add Division 13.6 (commencing with Section 21200) to, the Public Resources Code, to amend Section 99312.1 of the Public Utilities Code, to amend Sections 6051.8, 6201.8, 7360, 8352.4, 8352.5, 8352.6, and 60050 of the Revenue and Taxation Code, to amend Sections 183.1, 2192, and 2192.2 of, to add Sections 820.1, 2103.1 and 2192.4 to, and to add Chapter 2 (commencing with Section 2030) to Division 3 of, the Streets and Highways Code, and to add Sections 9250.3, 9250.6, and 9400.5 to the Vehicle Code, relating to transportation, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. legislative counsel’s digest SB 1, as introduced, Beall. Transportation funding. (1)  Existing law provides various sources of funding for transportation purposes, including funding for the state highway system and the local street and road system. These funding sources include, among others, fuel excise taxes, commercial vehicle weight fees, local transactions and use taxes, and federal funds. Existing law imposes certain registration fees on vehicles, with revenues from these fees deposited in the Motor Vehicle Account and used to fund the Department of Motor Corrected 12-6-16—See last page.99 February 7, 2017 Contra Costa County Board of Supervisors Minutes 970 Vehicles and the Department of the California Highway Patrol. Existing law provides for the monthly transfer of excess balances in the Motor Vehicle Account to the State Highway Account. This bill would create the Road Maintenance and Rehabilitation Program to address deferred maintenance on the state highway system and the local street and road system. The bill would require the California Transportation Commission to adopt performance criteria, consistent with a specified asset management plan, to ensure efficient use of certain funds available for the program. The bill would provide for the deposit of various funds for the program in the Road Maintenance and Rehabilitation Account, which the bill would create in the State Transportation Fund, including revenues attributable to a $0.12 per gallon increase, phased in over 3 years, in the motor vehicle fuel (gasoline) tax imposed by the bill with an inflation adjustment, as provided, an increase of $38 in the annual vehicle registration fee with an inflation adjustment, as provided, a new $100 annual vehicle registration fee with an inflation adjustment, as provided, applicable to zero-emission motor vehicles, as defined, and certain miscellaneous revenues described in (7) below that are not restricted as to expenditure by Article XIX of the California Constitution. This bill would annually set aside $200,000,000 of the funds available for the program to fund road maintenance and rehabilitation purposes in counties that have sought and received voter approval of taxes or that have imposed fees, including uniform developer fees, as defined, which taxes or fees are dedicated solely to transportation improvements. These funds would be continuously appropriated for allocation pursuant to guidelines to be developed by the California Transportation Commission in consultation with local agencies. The bill would require $80,000,000 of the funds available for the program to be annually transferred to the State Highway Account for expenditure on the Active Transportation Program. The bill would require $30,000,000 of the funds available for the program in each of 4 fiscal years beginning in 2017–18 to be transferred to the Advance Mitigation Fund created by the bill pursuant to (12) below. The bill would continuously appropriate $2,000,000 annually of the funds available for the program to the California State University for the purpose of conducting transportation research and transportation-related workforce education, training, and development. The bill would require the remaining funds available for the program to be allocated 50% for maintenance of the state highway system or to the state highway operation and protection program and 99 — 2 —SB 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 971 50% to cities and counties pursuant to a specified formula. The bill would impose various requirements on the department and agencies receiving these funds. The bill would authorize a city or county to spend its apportionment of funds under the program on transportation priorities other than those allowable pursuant to the program if the city’s or county’s average Pavement Condition Index meets or exceeds 80. The bill would also require the department to annually identify savings achieved through efficiencies implemented at the department and to propose, from the identified savings, an appropriation to be included in the annual Budget Act of up to $70,000,000 from the State Highway Account for expenditure on the Active Transportation Program. (2)  Existing law establishes in state government the Transportation Agency, which includes various departments and state entities, including the California Transportation Commission. Existing law vests the California Transportation Commission with specified powers, duties, and functions relative to transportation matters. Existing law requires the commission to retain independent authority to perform the duties and functions prescribed to it under any provision of law. This bill would exclude the California Transportation Commission from the Transportation Agency, establish it as an entity in state government, and require it to act in an independent oversight role. The bill would also make conforming changes. (3)  Existing law creates various state agencies, including the Department of Transportation, the High-Speed Rail Authority, the Department of the California Highway Patrol, the Department of Motor Vehicles, and the State Air Resources Board, with specified powers and duties. Existing law provides for the allocation of state transportation funds to various transportation purposes. This bill would create the Office of the Transportation Inspector General in state government, as an independent office that would not be a subdivision of any other government entity, to ensure that all of the above-referenced state agencies and all other state agencies expending state transportation funds are operating efficiently, effectively, and in compliance with federal and state laws. The bill would provide for the Governor to appoint the Transportation Inspector General for a 6-year term, subject to confirmation by the Senate, and would provide that the Transportation Inspector General may not be removed from office during the term except for good cause. The bill would specify the duties and responsibilities of the Transportation 99 SB 1— 3 — February 7, 2017 Contra Costa County Board of Supervisors Minutes 972 Inspector General and would require an annual report to the Legislature and Governor. This bill would require the department to update the Highway Design Manual to incorporate the “complete streets” design concept by January 1, 2018. The bill would require the department to develop a plan by January 1, 2020, to increase by 100% the dollar value of contracts awarded to small businesses, disadvantaged business enterprises, and disabled veteran business enterprises. (4)  Existing law provides for loans of revenues from various transportation funds and accounts to the General Fund, with various repayment dates specified. This bill would require the Department of Finance, on or before March 1, 2017, to compute the amount of outstanding loans made from specified transportation funds. The bill would require the Department of Transportation to prepare a loan repayment schedule and would require the outstanding loans to be repaid pursuant to that schedule, as prescribed. The bill would appropriate funds for that purpose from the Budget Stabilization Account. The bill would require the repaid funds to be transferred, pursuant to a specified formula, to cities and counties and to the department for maintenance of the state highway system and for purposes of the state highway operation and protection program. (5)  The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Proposition 1B) created the Trade Corridors Improvement Fund and provided for allocation by the California Transportation Commission of $2 billion in bond funds for infrastructure improvements on highway and rail corridors that have a high volume of freight movement and for specified categories of projects eligible to receive these funds. Existing law continues the Trade Corridors Improvement Fund in existence in order to receive revenues from sources other than the bond act for these purposes. This bill would deposit the revenues attributable to a $0.20 per gallon increase in the diesel fuel excise tax imposed by the bill into the Trade Corridors Improvement Fund. The bill would require revenues apportioned to the state from the national highway freight program established by the federal Fixing America’s Surface Transportation Act to be allocated for trade corridor improvement projects approved pursuant to these provisions. Existing law requires the commission, in determining projects eligible for funding, to consult various state freight and regional infrastructure and goods movement plans and the statewide port master plan. 99 — 4 —SB 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 973 This bill would revise the list of plans to be consulted by the commission in prioritizing projects for funding. The bill would also expand eligible projects to include, among others, rail landside access improvements, landside freight access improvements to airports, and certain capital and operational improvements. The bill would identify specific amounts to be allocated from available federal funds to certain categories of projects. (6)  Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions to be deposited in the Greenhouse Gas Reduction Fund. Existing law continuously appropriates 10% of the annual proceeds of the fund to the Transit and Intercity Rail Capital Program and 5% of the annual proceeds of the fund to the Low Carbon Transit Operations Program. This bill would, beginning in the 2017-18 fiscal year, instead continuously appropriate 20% of those annual proceeds to the Transit and Intercity Rail Capital Program and 10% of those annual proceeds to the Low Carbon Transit Operations Program, thereby making an appropriation. (7)  Article XIX of the California Constitution restricts the expenditure of revenues from taxes imposed by the state on fuels used in motor vehicles upon public streets and highways to street and highway and certain mass transit purposes. Existing law requires certain miscellaneous revenues deposited in the State Highway Account that are not restricted as to expenditure by Article XIX of the California Constitution to be transferred to the Transportation Debt Service Fund in the State Transportation Fund, as specified, and requires the Controller to transfer from the fund to the General Fund an amount of those revenues necessary to offset the current year debt service made from the General Fund on general obligation transportation bonds issued pursuant to Proposition 116 of 1990. This bill would delete the transfer of these miscellaneous revenues to the Transportation Debt Service Fund, thereby eliminating the offsetting transfer to the General Fund for debt service on general obligation transportation bonds issued pursuant to Proposition 116 of 1990. The bill, subject to a specified exception, would instead require the miscellaneous revenues to be retained in the State Highway Account and to be deposited in the Road Maintenance and Rehabilitation Account. 99 SB 1— 5 — February 7, 2017 Contra Costa County Board of Supervisors Minutes 974 (8)  Article XIX of the California Constitution requires gasoline excise tax revenues from motor vehicles traveling upon public streets and highways to be deposited in the Highway Users Tax Account, for allocation to city, county, and state transportation purposes. Existing law generally provides for statutory allocation of gasoline excise tax revenues attributable to other modes of transportation, including aviation, boats, agricultural vehicles, and off-highway vehicles, to particular accounts and funds for expenditure on purposes associated with those other modes, except that a specified portion of these gasoline excise tax revenues is deposited in the General Fund. Expenditure of the gasoline excise tax revenues attributable to those other modes is not restricted by Article XIX of the California Constitution. This bill, commencing July 1, 2017, would instead transfer to the Highway Users Tax Account for allocation to state and local transportation purposes under a specified formula the portion of gasoline excise tax revenues currently being deposited in the General Fund that are attributable to boats, agricultural vehicles, and off-highway vehicles. Because that account is continuously appropriated, the bill would make an appropriation. The bill, commencing July 1, 2017, would transfer, to the Road Maintenance and Rehabilitation Account, the portion of gasoline excise tax revenues attributable to these uses that would be derived from increases in the gasoline excise tax rate described in (1) above. (9)  Existing law, as of July 1, 2011, increases the sales and use tax on diesel and decreases the excise tax, as provided. Existing law requires the State Board of Equalization to annually modify both the gasoline and diesel excise tax rates on a going-forward basis so that the various changes in the taxes imposed on gasoline and diesel are revenue neutral. This bill would eliminate the annual rate adjustment to maintain revenue neutrality for the gasoline and diesel excise tax rates and would reimpose the higher gasoline excise tax rate that was in effect on July 1, 2010, in addition to the increase in the rate described in (1) above. Existing law, beyond the sales and use tax rate generally applicable, imposes an additional sales and use tax on diesel fuel at the rate of 1.75%, subject to certain exemptions, and provides for the net revenues collected from the additional tax to be transferred to the Public Transportation Account. Existing law continuously appropriates these and other revenues in the account to the Controller for allocation by formula to transportation agencies for public transit purposes under the State Transit Assistance Program. Existing law provides for 99 — 6 —SB 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 975 appropriation of other revenues in the account to the Department of Transportation for various other transportation purposes, including intercity rail purposes. This bill would increase the additional sales and use tax rate on diesel fuel by an additional 4%. The bill would restrict expenditures of revenues attributable to the 3.5% rate increase to transit capital purposes and certain transit services and would require a recipient transit agency to comply with certain requirements, including submitting a list of proposed projects to the Department of Transportation, as a condition of receiving a portion of these funds under the State Transit Assistance Program. The bill would require an existing required audit of transit operator finances to verify that these new revenues have been expended in conformance with these specific restrictions and all other generally applicable requirements. By increasing the amount of revenues in the Public Transportation Account that are continuously appropriated, the bill would thereby make an appropriation. The bill would require the revenues attributable to the remaining 0.5% rate increase to be allocated, upon appropriation, to the department for intercity rail and commuter rail purposes. This bill would, beginning July 1, 2020, and every 3rd year thereafter, require the State Board of Equalization to recompute the gasoline and diesel excise tax rates and the additional sales and use tax rate on diesel fuel based upon the percentage change in the California Consumer Price Index transmitted to the board by the Department of Finance, as prescribed. (10)  Existing law requires the Department of Transportation to prepare a state highway operation and protection program every other year for the expenditure of transportation capital improvement funds for projects that are necessary to preserve and protect the state highway system, excluding projects that add new traffic lanes. The program is required to be based on an asset management plan, as specified. Existing law requires the department to specify, for each project in the program the capital and support budget and projected delivery date for various components of the project. Existing law provides for the California Transportation Commission to review and adopt the program, and authorizes the commission to decline and adopt the program if it determines that the program is not sufficiently consistent with the asset management plan. This bill would require the commission, as part of its review of the program, to hold at least one hearing in northern California and one 99 SB 1— 7 — February 7, 2017 Contra Costa County Board of Supervisors Minutes 976 hearing in southern California regarding the proposed program. The bill would require the department to submit any change to a programmed project as an amendment to the commission for its approval. This bill, on and after August 1, 2017, would also require the commission to make an allocation of all capital and support costs for each project in the program, and would require the department to submit a supplemental project allocation request to the commission for each project that experiences cost increases above the amounts in its allocation. The bill would require the commission to establish guidelines to provide exceptions to the requirement for a supplemental project allocation requirement that the commission determines are necessary to ensure that projects are not unnecessarily delayed. (11)  Existing law imposes weight fees on the registration of commercial motor vehicles and provides for the deposit of net weight fee revenues into the State Highway Account. Existing law provides for the transfer of certain weight fee revenues from the State Highway Account to the Transportation Debt Service Fund to reimburse the General Fund for payment of debt service on general obligation bonds issued for transportation purposes. Existing law also provides for the transfer of certain weight fee revenues to the Transportation Bond Direct Payment Account for direct payment of debt service on designated bonds, which are defined to be certain transportation general obligation bonds issued pursuant to Proposition 1B of 2006. Existing law also provides for loans of weight fee revenues to the General Fund to the extent the revenues are not needed for bond debt service purposes, with the loans to be repaid when the revenues are later needed for those purposes, as specified. This bill, notwithstanding these provisions or any other law, would only authorize specified percentages of weight fee revenues to be transferred from the State Highway Account to the Transportation Debt Service Fund, the Transportation Bond Direct Payment Account, or any other fund or account for the purpose of payment of the debt service on transportation general obligation bonds in accordance with a prescribed schedule, with no more than 50% of weight fee revenues to be used for debt service purposes beginning with the 2021–22 fiscal year. The bill would require the California Transportation Commission, by January 1, 2018, to recommend a course of action to the Legislature and Governor that would retain the remaining 50% share of weight fee revenues in the State Highway Account or provide for the transfer of those revenues to the Road Maintenance and Rehabilitation Account. 99 — 8 —SB 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 977 The bill would also prohibit loans of weight fee revenues to the General Fund. (12)  The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA, until January 1, 2020, exempts a project or an activity to repair, maintain, or make minor alterations to an existing roadway, as defined, other than a state roadway, if the project or activity is carried out by a city or county with a population of less than 100,000 persons to improve public safety and meets other specified requirements. This bill would extend the above-referenced exemption indefinitely and delete the limitation of the exemption to projects or activities in cities and counties with a population of less than 100,000 persons. The bill would also expand the exemption to include state roadways. This bill would also establish the Advance Mitigation Program in the Department of Transportation. The bill would authorize the department to undertake specified mitigation measures in advance of construction of planned transportation improvements. The bill would require the department to establish a steering committee to advise the department on advance mitigation measures and related matters. The bill would create the Advance Mitigation Fund as a continuously appropriated revolving fund, to be funded initially from the Road Maintenance and Rehabilitation Program pursuant to (1) above. The bill would provide for reimbursement of the revolving fund at the time a planned transportation improvement benefiting from advance mitigation is constructed. (13)  Existing federal law requires the United States Secretary of Transportation to carry out a surface transportation project delivery program, under which the participating states assume certain responsibilities for environmental review and clearance of transportation projects that would otherwise be the responsibility of the federal government. Existing law, until January 1, 2017, when these provisions 99 SB 1— 9 — February 7, 2017 Contra Costa County Board of Supervisors Minutes 978 are repealed, provides that the State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities the Department of Transportation assumed as a participant in this program. This bill would reenact these provisions. (14)  This bill would provide that the fuel tax increases imposed by the bill would be effective on July 1, 2017. The bill would provide that the vehicle fee increases imposed by the bill would be effective on October 1, 2017. (15)  This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: line 1 SECTION 1. The Legislature finds and declares all of the line 2 following: line 3 (a)  Over the next 10 years, the state faces a $59 billion shortfall line 4 to adequately maintain the existing state highway system in order line 5 to keep it in a basic state of good repair. line 6 (b)  Similarly, cities and counties face a $78 billion shortfall line 7 over the next decade to adequately maintain the existing network line 8 of local streets and roads. line 9 (c)  Statewide taxes and fees dedicated to the maintenance of line 10 the system have not been increased in more than 20 years, with line 11 those revenues losing more than 55 percent of their purchasing line 12 power, while costs to maintain the system have steadily increased line 13 and much of the underlying infrastructure has aged past its expected line 14 useful life. line 15 (d)  California motorists are spending $17 billion annually in line 16 extra maintenance and car repair bills, which is more than $700 line 17 per driver, due to the state’s poorly maintained roads. line 18 (e)  Failing to act now to address this growing problem means line 19 that more drastic measures will be required to maintain our system line 20 in the future, essentially passing the burden on to future generations line 21 instead of doing our job today. line 22 (f)  A funding program will help address a portion of the line 23 maintenance backlog on the state’s road system and will stop the line 24 growth of the problem. 99 — 10 —SB 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 979 line 1 (g)  Modestly increasing various fees can spread the cost of road line 2 repairs broadly to all users and beneficiaries of the road network line 3 without overburdening any one group. line 4 (h)  Improving the condition of the state’s road system will have line 5 a positive impact on the economy as it lowers the transportation line 6 costs of doing business, reduces congestion impacts for employees, line 7 and protects property values in the state. line 8 (i)  The federal government estimates that increased spending line 9 on infrastructure creates more than 13,000 jobs per $1 billion spent. line 10 (j)  Well-maintained roads benefit all users, not just drivers, as line 11 roads are used for all modes of transport, whether motor vehicles, line 12 transit, bicycles, or pedestrians. line 13 (k)  Well-maintained roads additionally provide significant health line 14 benefits and prevent injuries and death due to crashes caused by line 15 poorly maintained infrastructure. line 16 (l)  A comprehensive, reasonable transportation funding package line 17 will do all of the following: line 18 (1)  Ensure these transportation needs are addressed. line 19 (2)  Fairly distribute the economic impact of increased funding. line 20 (3)  Restore the gas tax rate previously reduced by the State line 21 Board of Equalization pursuant to the gas tax swap. line 22 (4)  Direct increased revenue to the state’s highest transportation line 23 needs. line 24 SEC. 2. Section 13975 of the Government Code is amended line 25 to read: line 26 13975. There is in the state government the Transportation line 27 Agency. The agency consists of the Department of the California line 28 Highway Patrol, the California Transportation Commission, the line 29 Department of Motor Vehicles, the Department of Transportation, line 30 the High-Speed Rail Authority, and the Board of Pilot line 31 Commissioners for the Bays of San Francisco, San Pablo, and line 32 Suisun. line 33 SEC. 3. Section 14033 is added to the Government Code, to line 34 read: line 35 14033. On or before January 1, 2018, the department shall line 36 update the Highway Design Manual to incorporate the “complete line 37 streets” design concept. line 38 SEC. 4. Section 14110 is added to the Government Code, to line 39 read: 99 SB 1— 11 — February 7, 2017 Contra Costa County Board of Supervisors Minutes 980 line 1 14110. The department shall develop a plan by January 1, 2020, line 2 to increase by 100 percent the dollar value of contracts awarded line 3 to small businesses, disadvantaged business enterprises, and line 4 disabled veteran business enterprises. line 5 SEC. 5. Part 5.1 (commencing with Section 14460) is added line 6 to Division 3 of Title 2 of the Government Code, to read: line 7 line 8 PART 5.1. OFFICE OF THE TRANSPORTATION INSPECTOR line 9 GENERAL line 10 line 11 14460. (a)  There is hereby created in state government the line 12 independent Office of the Transportation Inspector General, which line 13 shall not be a subdivision of any other governmental entity, to line 14 ensure that the Department of Transportation, the High-Speed Rail line 15 Authority, the Department of the California Highway Patrol, the line 16 Department of Motor Vehicles, the State Air Resources Board, line 17 and all other state agencies expending state transportation funds line 18 are operating efficiently, effectively, and in compliance with line 19 applicable federal and state laws. line 20 (b)  The Governor shall appoint, subject to confirmation by the line 21 Senate, the Transportation Inspector General to a six-year term. line 22 The Transportation Inspector General may not be removed from line 23 office during that term, except for good cause. A finding of good line 24 cause may include substantial neglect of duty, gross misconduct, line 25 or conviction of a crime. The reasons for removal of the line 26 Transportation Inspector General shall be stated in writing and line 27 shall include the basis for removal. The writing shall be sent to line 28 the Secretary of the Senate and the Chief Clerk of the Assembly line 29 at the time of the removal and shall be deemed to be a public line 30 document. line 31 14461. The Transportation Inspector General shall review line 32 policies, practices, and procedures and conduct audits and line 33 investigations of activities involving state transportation funds in line 34 consultation with all affected state agencies. Specifically, the line 35 Transportation Inspector General’s duties and responsibilities shall line 36 include, but not be limited to, all of the following: line 37 (a)  To examine the operating practices of all state agencies line 38 expending state transportation funds to identify fraud and waste, line 39 opportunities for efficiencies, and opportunities to improve the line 40 data used to determine appropriate project resource allocations. 99 — 12 —SB 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 981 line 1 (b)  To identify best practices in the delivery of transportation line 2 projects and develop policies or recommend proposed legislation line 3 enabling state agencies to adopt these practices when practicable. line 4 (c)  To provide objective analysis of and, when possible, offer line 5 solutions to concerns raised by the public or generated within line 6 agencies involving the state’s transportation infrastructure and line 7 project delivery methods. line 8 (d)  To conduct, supervise, and coordinate audits and line 9 investigations relating to the programs and operations of all state line 10 transportation agencies with state-funded transportation projects. line 11 (e)  To recommend policies promoting economy and efficiency line 12 in the administration of programs and operations of all state line 13 agencies with state-funded transportation projects. line 14 (f)  To ensure that the Secretary of Transportation and the line 15 Legislature are fully and currently informed concerning fraud or line 16 other serious abuses or deficiencies relating to the expenditure of line 17 funds or administration of programs and operations. line 18 14462. The Transportation Inspector General shall report at line 19 least annually to the Governor and Legislature with a summary of line 20 his or her findings, investigations, and audits. The summary shall line 21 be posted on the Transportation Inspector General’s Internet Web line 22 site and shall otherwise be made available to the public upon its line 23 release to the Governor and Legislature. The summary shall line 24 include, but need not be limited to, significant problems discovered line 25 by the Transportation Inspector General and whether line 26 recommendations of the Transportation Inspector General relative line 27 to investigations and audits have been implemented by the affected line 28 agencies. The report shall be submitted to the Legislature in line 29 compliance with Section 9795. line 30 SEC. 6. Section 14500 of the Government Code is amended line 31 to read: line 32 14500. There is in the Transportation Agency state government line 33 a California Transportation Commission. The commission shall line 34 act in an independent oversight role. line 35 SEC. 7. Section 14526.5 of the Government Code is amended line 36 to read: line 37 14526.5. (a)  Based on the asset management plan prepared line 38 and approved pursuant to Section 14526.4, the department shall line 39 prepare a state highway operation and protection program for the line 40 expenditure of transportation funds for major capital improvements 99 SB 1— 13 — February 7, 2017 Contra Costa County Board of Supervisors Minutes 982 line 1 that are necessary to preserve and protect the state highway system. line 2 Projects included in the program shall be limited to capital line 3 improvements relative to the maintenance, safety, operation, and line 4 rehabilitation of state highways and bridges that do not add a new line 5 traffic lane to the system. line 6 (b)  The program shall include projects that are expected to be line 7 advertised prior to July 1 of the year following submission of the line 8 program, but which have not yet been funded. The program shall line 9 include those projects for which construction is to begin within line 10 four fiscal years, starting July 1 of the year following the year the line 11 program is submitted. line 12 (c)  (1)   The department, at a minimum, shall specify, for each line 13 project in the state highway operation and protection program, the line 14 capital and support budget, as well as a projected delivery date, line 15 budget for each of the following project components: line 16 (1)  Completion of project line 17 (A)  Project approval and environmental documents. line 18 (2)  Preparation of plans, line 19 (B)  Plans, specifications, and estimates. line 20 (3)  Acquisition of rights-of-way, including, but not limited to, line 21 support activities. line 22 (C)  Rights-of-way. line 23 (D)  Construction. line 24 (2)  The department shall specify, for each project in the state line 25 highway operation and protection program, a projected delivery line 26 date for each of the following components: line 27 (A)  Environmental document completion. line 28 (B)  Plans, specifications, and estimate completion. line 29 (C)  Right-of-way certification. line 30 (4) line 31 (D)  Start of construction. line 32 (d)  The program shall be submitted department shall submit its line 33 proposed program to the commission not later than January 31 of line 34 each even-numbered year. Prior to submitting the plan, the its line 35 proposed program, the department shall make a draft of its line 36 proposed program available to transportation planning agencies line 37 for review and comment and shall include the comments in its line 38 submittal to the commission. The department shall provide the line 39 commission with detailed information for all programmed projects, 99 — 14 —SB 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 983 line 1 including, but not limited to, cost, scope, schedule, and line 2 performance metrics as determined by the commission. line 3 (e)  The commission may shall review the proposed program line 4 relative to its overall adequacy, consistency with the asset line 5 management plan prepared and approved pursuant to Section line 6 14526.4 and funding priorities established in Section 167 of the line 7 Streets and Highways Code, the level of annual funding needed line 8 to implement the program, and the impact of those expenditures line 9 on the state transportation improvement program. The commission line 10 shall adopt the program and submit it to the Legislature and the line 11 Governor not later than April 1 of each even-numbered year. The line 12 commission may decline to adopt the program if the commission line 13 determines that the program is not sufficiently consistent with the line 14 asset management plan prepared and approved pursuant to Section line 15 14526.4. line 16 (f)  As part of the commission’s review of the program required line 17 pursuant to subdivision (a), the commission shall hold at least one line 18 hearing in northern California and one hearing in southern line 19 California regarding the proposed program. line 20 (f) line 21 (g)  Expenditures for these projects shall not be subject to line 22 Sections 188 and 188.8 of the Streets and Highways Code. line 23 (h)  Following adoption of the state highway operation and line 24 protection program by the commission, any change to a line 25 programmed project shall be submitted as an amendment by the line 26 department to the commission for its approval before the change line 27 may be implemented. line 28 SEC. 8. Section 14526.7 is added to the Government Code, to line 29 read: line 30 14526.7. (a)  On and after August 1, 2017, an allocation by the line 31 commission of all capital and support costs for each project in the line 32 state highway operation and protection program shall be required. line 33 (b)  For a project that experiences increases in capital or support line 34 costs above the amounts in the commission’s allocation pursuant line 35 to subdivision (a), a supplemental project allocation request shall line 36 be submitted by the department to the commission for approval. line 37 (c)  The commission shall establish guidelines to provide line 38 exceptions to the requirement of subdivision (b) that the line 39 commission determines are necessary to ensure that projects are line 40 not unnecessarily delayed. 99 SB 1— 15 — February 7, 2017 Contra Costa County Board of Supervisors Minutes 984 line 1 SEC. 9. Section 14534.1 of the Government Code is repealed. line 2 14534.1. Notwithstanding Section 12850.6 or subdivision (b) line 3 of Section 12800, as added to this code by the Governor’s line 4 Reorganization Plan No. 2 of 2012 during the 2011–12 Regular line 5 Session, the commission shall retain independent authority to line 6 perform those duties and functions prescribed to it under any line 7 provision of law. line 8 SEC. 10. Section 16321 is added to the Government Code, to line 9 read: line 10 16321. (a)  Notwithstanding any other law, on or before March line 11 1, 2017, the Department of Finance shall compute the amount of line 12 outstanding loans made from the State Highway Account, the line 13 Motor Vehicle Fuel Account, the Highway Users Tax Account, line 14 and the Motor Vehicle Account to the General Fund. The line 15 department shall prepare a loan repayment schedule, pursuant to line 16 which the outstanding loans shall be repaid, as follows: line 17 (1)  On or before December 31, 2017, 50 percent of the line 18 outstanding loan amounts. line 19 (2)  On or before December 31, 2018, the remainder of the line 20 outstanding loan amounts. line 21 (b)  Notwithstanding any other law, as the loans are repaid line 22 pursuant to this section, the repaid funds shall be transferred in the line 23 following manner: line 24 (1)  Fifty percent to cities and counties pursuant to clauses (i) line 25 and (ii) of subparagraph (C) of paragraph (3) of subdivision (a) of line 26 Section 2103 of the Streets and Highways Code. line 27 (2)  Fifty percent to the department for maintenance of the state line 28 highway system and for purposes of the state highway operation line 29 and protection program. line 30 (c)  Funds for loan repayments pursuant to this section are hereby line 31 appropriated from the Budget Stabilization Account pursuant to line 32 subclause (II) of clause (ii) of subparagraph (B) of paragraph (1) line 33 of subdivision (c) of Section 20 of Article XVI of the California line 34 Constitution. line 35 SEC. 11. Section 16965 of the Government Code is amended line 36 to read: line 37 16965. (a)  (1)  The Transportation Debt Service Fund is hereby line 38 created in the State Treasury. Moneys in the fund shall be dedicated line 39 to all of the following purposes: 99 — 16 —SB 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 985 line 1 (A)  Payment of debt service with respect to designated bonds, line 2 as defined in subdivision (c) of Section 16773, and as further line 3 provided in paragraph (3) and subdivision (b). line 4 (B)  To reimburse the General Fund for debt service with respect line 5 to bonds. line 6 (C)  To redeem or retire bonds, pursuant to Section 16774, line 7 maturing in a subsequent fiscal year. line 8 (2)  The bonds eligible under subparagraph (B) or (C) of line 9 paragraph (1) include bonds issued pursuant to the Clean Air and line 10 Transportation Improvement Act of 1990 (Part 11.5 (commencing line 11 with Section 99600) of Division 10 of the Public Utilities Code), line 12 the Passenger Rail and Clean Air Bond Act of 1990 (Chapter 17 line 13 (commencing with Section 2701) of Division 3 of the Streets and line 14 Highways Code), the Seismic Retrofit Bond Act of 1996 (Chapter line 15 12.48 (commencing with Section 8879) of Division 1 of Title 2), line 16 and the Safe, Reliable High-Speed Passenger Train Bond Act for line 17 the 21st Century (Chapter 20 (commencing with Section 2704) of line 18 Division 3 of the Streets and Highways Code), and nondesignated line 19 bonds under Proposition 1B, as defined in subdivision (c) of line 20 Section 16773. line 21 (3)  (A)  The Transportation Bond Direct Payment Account is line 22 hereby created in the State Treasury, as a subaccount within the line 23 Transportation Debt Service Fund, for the purpose of directly line 24 paying the debt service, as defined in paragraph (4), of designated line 25 bonds of Proposition 1B, as defined in subdivision (c) of Section line 26 16773. Notwithstanding Section 13340, moneys in the line 27 Transportation Bond Direct Payment Account are continuously line 28 appropriated for payment of debt service with respect to designated line 29 bonds as provided in subdivision (c) of Section 16773. So long as line 30 any designated bonds remain outstanding, the moneys in the line 31 Transportation Bond Direct Payment Account may not be used line 32 for any other purpose, and may not be borrowed by or available line 33 for transfer to the General Fund pursuant to Section 16310 or any line 34 similar law, or to the General Cash Revolving Fund pursuant to line 35 Section 16381 or any similar law. line 36 (B)  Once the Treasurer makes a certification that payment of line 37 debt service with respect to all designated bonds has been paid or line 38 provided for, any remaining moneys in the Transportation Bond line 39 Direct Payment Account shall be transferred back to the line 40 Transportation Debt Service Fund. 99 SB 1— 17 — February 7, 2017 Contra Costa County Board of Supervisors Minutes 986 line 1 (C)  The moneys in the Transportation Bond Direct Payment line 2 Account shall be invested in the Surplus Money Investment Fund, line 3 and all investment earnings shall accrue to the account. line 4 (D)  The Controller may establish subaccounts within the line 5 Transportation Bond Direct Payment Account as may be required line 6 by the resolution, indenture, or other documents governing any line 7 designated bonds. line 8 (4)  For purposes of this subdivision and subdivision (b), and line 9 subdivision (c) of Section 16773, “debt service” means payment line 10 of all of the following costs and expenses with respect to any line 11 designated bond: line 12 (A)  The principal of and interest on the bonds. line 13 (B)  Amounts payable as the result of tender on any bonds, as line 14 described in clause (iv) of subparagraph (B) of paragraph (1) of line 15 subdivision (d) of Section 16731. line 16 (C)  Amounts payable under any contractual obligation of the line 17 state to repay advances and pay interest thereon under a credit line 18 enhancement or liquidity agreement as described in clause (iv) of line 19 subparagraph (B) of paragraph (1) of subdivision (d) of Section line 20 16731. line 21 (D)  Any amount owed by the state to a counterparty after any line 22 offset for payments owed to the state on any hedging contract as line 23 described in subparagraph (A) of paragraph (2) of subdivision (d) line 24 of Section 16731. line 25 (b)  From the moneys transferred to the fund pursuant to line 26 paragraph (2) or (3) of subdivision (c) of Section 9400.4 of the line 27 Vehicle Code, there shall first be deposited into the Transportation line 28 Bond Direct Payment Account in each month sufficient funds to line 29 equal the amount designated in a certificate submitted by the line 30 Treasurer to the Controller and the Director of Finance at the start line 31 of each fiscal year, and as may be modified by the Treasurer line 32 thereafter upon issuance of any new issue of designated bonds or line 33 upon change in circumstances that requires such a modification. line 34 This certificate shall be calculated by the Treasurer to identify, for line 35 each month, the amount necessary to fund all of the debt service line 36 with respect to all designated bonds. This calculation shall be done line 37 in a manner provided in the resolution, indenture, or other line 38 documents governing the designated bonds. In the event that line 39 transfers to the Transportation Bond Direct Payment Account in line 40 any month are less than the amounts required in the Treasurer’s 99 — 18 —SB 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 987 line 1 certificate, the shortfall shall carry over to be part of the required line 2 payment in the succeeding month or months. line 3 (c)  The state hereby covenants with the holders from time to line 4 time of any designated bonds that it will not alter, amend, or restrict line 5 the provisions of subdivision (c) of Section 16773 of the line 6 Government Code, or Sections 9400, 9400.1, 9400.4, and 42205 line 7 of the Vehicle Code, which provide directly or indirectly for the line 8 transfer of weight fees to the Transportation Debt Service Fund line 9 or the Transportation Bond Direct Payment Account, or line 10 subdivisions (a) and (b) of this section, or reduce the rate of line 11 imposition of vehicle weight fees under Sections 9400 and 9400.1 line 12 of the Vehicle Code as they existed on the date of the first issuance line 13 of any designated bonds, if that alteration, amendment, restriction, line 14 or reduction would result in projected weight fees for the next line 15 fiscal year determined by the Director of Finance being less than line 16 two times the maximum annual debt service with respect to all line 17 outstanding designated bonds, as such calculation is determined line 18 pursuant to the resolution, indenture, or other documents governing line 19 the designated bonds. The state may include this covenant in the line 20 resolution, indenture, or other documents governing the designated line 21 bonds. line 22 (d)  Once the required monthly deposit, including makeup of line 23 any shortfalls from any prior month, has been made pursuant to line 24 subdivision (b), from moneys transferred to the fund pursuant to line 25 paragraph (2) or (3) of subdivision (c) of Section 9400.4 of the line 26 Vehicle Code, or pursuant to Section 16965.1 or 63048.67, the line 27 Controller shall transfer as an expenditure reduction to the General line 28 Fund any amount necessary to offset the cost of current year debt line 29 service payments made from the General Fund with respect to any line 30 bonds issued pursuant to Proposition 192 (1996) and three-quarters line 31 of the amount of current year debt service payments made from line 32 the General Fund with respect to any nondesignated bonds, as line 33 defined in subdivision (c) of Section 16773, issued pursuant to line 34 Proposition 1B (2006). In the alternative, these funds may also be line 35 used to redeem or retire the applicable bonds, pursuant to Section line 36 16774, maturing in a subsequent fiscal year as directed by the line 37 Director of Finance. line 38 (e)  From moneys transferred to the fund pursuant to Section line 39 183.1 of the Streets and Highways Code, the Controller shall line 40 transfer as an expenditure reduction to the General Fund any 99 SB 1— 19 — February 7, 2017 Contra Costa County Board of Supervisors Minutes 988 line 1 amount necessary to offset the cost of current year debt service line 2 payments made from the General Fund with respect to any bonds line 3 issued pursuant to Proposition 116 (1990). In the alternative, these line 4 funds may also be used to redeem or retire the applicable bonds, line 5 pursuant to Section 16774, maturing in a subsequent fiscal year line 6 as directed by the Director of Finance. line 7 (f) line 8 (e)  Once the required monthly deposit, including makeup of line 9 any shortfalls from any prior month, has been made pursuant to line 10 subdivision (b), from moneys transferred to the fund pursuant to line 11 paragraph (2) or (3) of subdivision (c) of Section 9400.4 of the line 12 Vehicle Code, or pursuant to Section 16965.1 or 63048.67, the line 13 Controller shall transfer as an expenditure reduction to the General line 14 Fund any amount necessary to offset the eligible cost of current line 15 year debt service payments made from the General Fund with line 16 respect to any bonds issued pursuant to Proposition 108 (1990) line 17 and Proposition 1A (2008), and one-quarter of the amount of line 18 current year debt service payments made from the General Fund line 19 with respect to any nondesignated bonds, as defined in subdivision line 20 (c) of Section 16773, issued pursuant to Proposition 1B (2006). line 21 The Department of Finance shall notify the Controller by July 30 line 22 of every year of the percentage of debt service that is expected to line 23 be paid in that fiscal year with respect to bond-funded projects that line 24 qualify as eligible guideway projects consistent with the line 25 requirements applicable to the expenditure of revenues under line 26 Article XIX of the California Constitution, and the Controller shall line 27 make payments only for those eligible projects. In the alternative, line 28 these funds may also be used to redeem or retire the applicable line 29 bonds, pursuant to Section 16774, maturing in a subsequent fiscal line 30 year as directed by the Director of Finance. line 31 (g) line 32 (f)  On or before the second business day following the date on line 33 which transfers are made to the Transportation Debt Service Fund, line 34 and after the required monthly deposits for that month, including line 35 makeup of any shortfalls from any prior month, have been made line 36 to the Transportation Bond Direct Payment Account, the Controller line 37 shall transfer the funds designated for reimbursement of bond debt line 38 service with respect to nondesignated bonds, as defined in line 39 subdivision (c) of Section 16773, and other bonds identified in 99 — 20 —SB 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 989 line 1 subdivisions (d), (e), and (f) (d) and (e) in that month from the line 2 fund to the General Fund pursuant to this section. line 3 SEC. 12. Section 39719 of the Health and Safety Code is line 4 amended to read: line 5 39719. (a)  The Legislature shall appropriate the annual line 6 proceeds of the fund for the purpose of reducing greenhouse gas line 7 emissions in this state in accordance with the requirements of line 8 Section 39712. line 9 (b)  To carry out a portion of the requirements of subdivision line 10 (a), annual proceeds are continuously appropriated for the line 11 following: line 12 (1)  Beginning in the 2015–16 2017–18 fiscal year, and line 13 notwithstanding Section 13340 of the Government Code, 35 50 line 14 percent of annual proceeds are continuously appropriated, without line 15 regard to fiscal years, for transit, affordable housing, and line 16 sustainable communities programs as following: follows: line 17 (A)  Ten Twenty percent of the annual proceeds of the fund is line 18 hereby continuously appropriated to the Transportation Agency line 19 for the Transit and Intercity Rail Capital Program created by Part line 20 2 (commencing with Section 75220) of Division 44 of the Public line 21 Resources Code. line 22 (B)  Five Ten percent of the annual proceeds of the fund is hereby line 23 continuously appropriated to the Low Carbon Transit Operations line 24 Program created by Part 3 (commencing with Section 75230) of line 25 Division 44 of the Public Resources Code. Funds Moneys shall be line 26 allocated by the Controller, according to requirements of the line 27 program, and pursuant to the distribution formula in subdivision line 28 (b) or (c) of Section 99312 of, and Sections 99313 and 99314 of, line 29 the Public Utilities Code. line 30 (C)  Twenty percent of the annual proceeds of the fund is hereby line 31 continuously appropriated to the Strategic Growth Council for the line 32 Affordable Housing and Sustainable Communities Program created line 33 by Part 1 (commencing with Section 75200) of Division 44 of the line 34 Public Resources Code. Of the amount appropriated in this line 35 subparagraph, no less than 10 percent of the annual proceeds, line 36 proceeds shall be expended for affordable housing, consistent with line 37 the provisions of that program. line 38 (2)  Beginning in the 2015–16 fiscal year, notwithstanding line 39 Section 13340 of the Government Code, 25 percent of the annual line 40 proceeds of the fund is hereby continuously appropriated to the 99 SB 1— 21 — February 7, 2017 Contra Costa County Board of Supervisors Minutes 990 line 1 High-Speed Rail Authority for the following components of the line 2 initial operating segment and Phase I Blended System as described line 3 in the 2012 business plan adopted pursuant to Section 185033 of line 4 the Public Utilities Code: line 5 (A)  Acquisition and construction costs of the project. line 6 (B)  Environmental review and design costs of the project. line 7 (C)  Other capital costs of the project. line 8 (D)  Repayment of any loans made to the authority to fund the line 9 project. line 10 (c)  In determining the amount of annual proceeds of the fund line 11 for purposes of the calculation in subdivision (b), the funds subject line 12 to Section 39719.1 shall not be included. line 13 SEC. 13. Section 21080.37 of the Public Resources Code is line 14 amended to read: line 15 21080.37. (a)  This division does not apply to a project or an line 16 activity to repair, maintain, or make minor alterations to an existing line 17 roadway if all of the following conditions are met: line 18 (1)  The project is carried out by a city or county with a line 19 population of less than 100,000 persons to improve public safety. line 20 (2) line 21 (1)  (A)  The project does not cross a waterway. line 22 (B)  For purposes of this paragraph, “waterway” means a bay, line 23 estuary, lake, pond, river, slough, or a perennial, intermittent, or line 24 ephemeral stream, lake, or estuarine-marine shoreline. line 25 (3) line 26 (2)  The project involves negligible or no expansion of an line 27 existing use beyond that existing at the time of the lead agency’s line 28 determination. line 29 (4)  The roadway is not a state roadway. line 30 (5) line 31 (3)  (A)  The site of the project does not contain wetlands or line 32 riparian areas and does not have significant value as a wildlife line 33 habitat, and the project does not harm any species protected by the line 34 federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et line 35 seq.), the Native Plant Protection Act (Chapter 10 (commencing line 36 with Section 1900) of Division 2 of the Fish and Game Code), or line 37 the California Endangered Species Act (Chapter 1.5 (commencing line 38 with Section 2050) of Division 3 of the Fish and Game Code), and line 39 the project does not cause the destruction or removal of any species line 40 protected by a local ordinance. 99 — 22 —SB 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 991 line 1 (B)  For the purposes of this paragraph: line 2 (i)  “Riparian areas” mean those areas transitional between line 3 terrestrial and aquatic ecosystems and that are distinguished by line 4 gradients in biophysical conditions, ecological processes, and biota. line 5 A riparian area is an area through which surface and subsurface line 6 hydrology connect waterbodies with their adjacent uplands. A line 7 riparian area includes those portions of terrestrial ecosystems that line 8 significantly influence exchanges of energy and matter with aquatic line 9 ecosystems. A riparian area is adjacent to perennial, intermittent, line 10 and ephemeral streams, lakes, and estuarine-marine shorelines. line 11 (ii)  “Significant value as a wildlife habitat” includes wildlife line 12 habitat of national, statewide, regional, or local importance; habitat line 13 for species protected by the federal Endangered Species Act of line 14 1973 (16 U.S.C. Sec. 1531, 1531 et seq.), the California line 15 Endangered Species Act (Chapter 1.5 (commencing with Section line 16 2050) of Division 3 of the Fish and Game Code), or the Native line 17 Plant Protection Act (Chapter 10 (commencing with Section 1900) line 18 of Division 2 of the Fish and Game Code); habitat identified as line 19 candidate, fully protected, sensitive, or species of special status line 20 by local, state, or federal agencies; or habitat essential to the line 21 movement of resident or migratory wildlife. line 22 (iii)  “Wetlands” has the same meaning as in the United States line 23 Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). line 24 (iv)  “Wildlife habitat” means the ecological communities upon line 25 which wild animals, birds, plants, fish, amphibians, and line 26 invertebrates depend for their conservation and protection. line 27 (6) line 28 (4)  The project does not impact cultural resources. line 29 (7) line 30 (5)  The roadway does not affect scenic resources, as provided line 31 pursuant to subdivision (c) of Section 21084. line 32 (b)  Prior to determining that a project is exempt pursuant to this line 33 section, the lead agency shall do both of the following: line 34 (1)  Include measures in the project to mitigate potential line 35 vehicular traffic and safety impacts and bicycle and pedestrian line 36 safety impacts. line 37 (2)  Hold a noticed public hearing on the project to hear and line 38 respond to public comments. The hearing on the project may be line 39 conducted with another noticed lead agency public hearing. line 40 Publication of the notice shall be no fewer times than required by 99 SB 1— 23 — February 7, 2017 Contra Costa County Board of Supervisors Minutes 992 line 1 Section 6061 of the Government Code, by the public agency in a line 2 newspaper of general circulation in the area. line 3 (c)  For purposes of this section, “roadway” means a roadway line 4 as defined pursuant to Section 530 of the Vehicle Code and the line 5 previously graded and maintained shoulder that is within a roadway line 6 right-of-way of no more than five feet from the edge of the line 7 roadway. line 8 (d)  (1)  If a state agency determines that a project is not subject line 9 to this division pursuant to this section and it approves or line 10 determines to carry out that project, it shall file a notice with the line 11 Office of Planning and Research in the manner specified in line 12 subdivisions (b) and (c) of Section 21108. line 13 (d)  Whenever line 14 (2)  If a local agency determines that a project is not subject to line 15 this division pursuant to this section, section and it approves or line 16 determines to carry out that project, the local agency it shall file line 17 a notice with the Office of Planning and Research, and with the line 18 county clerk in the county in which the project will be located in line 19 the manner specified in subdivisions (b) and (c) of Section 21152. line 20 (e)  This section shall remain in effect only until January 1, 2020, line 21 and as of that date is repealed, unless a later enacted statute, that line 22 is enacted before January 1, 2020, deletes or extends that date. line 23 SEC. 14. Division 13.6 (commencing with Section 21200) is line 24 added to the Public Resources Code, to read: line 25 line 26 DIVISION 13.6. ADVANCE MITIGATION PROGRAM ACT line 27 line 28 Chapter 1. General line 29 line 30 21200. This division shall be known, and may be cited, as the line 31 Advance Mitigation Program Act. line 32 21201. (a)  The purpose of this division is to improve the line 33 success and effectiveness of actions implemented to mitigate the line 34 natural resource impacts of future transportation improvements line 35 by designing those actions to measurably advance regional or line 36 statewide conservation priorities and by establishing the means to line 37 implement the actions well before the impacts occur. The advance line 38 design and implementation of mitigation actions also will line 39 streamline the delivery of transportation improvements by avoiding line 40 or reducing delays associated with environmental permitting. 99 — 24 —SB 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 993 line 1 (b)  This division is not intended to create a new environmental line 2 permitting or regulatory program or to modify existing line 3 environmental laws or regulations, nor is it expected that all line 4 mitigation requirements will be addressed for planned line 5 transportation improvements. Instead, it is intended to provide a line 6 methodology with which to fulfill the requirements of existing line 7 state and federal environmental laws that protect fish, wildlife, line 8 plant species, and other natural resources more efficiently and line 9 effectively. line 10 21202. The Legislature finds and declares all of the following: line 11 (a)   Compensatory mitigation for environmental impacts is line 12 ordinarily handled on a project-by-project basis, usually near the line 13 end of a project’s timeline and often with insufficient guidance line 14 regarding regional or statewide conservation priorities. line 15 (b)  The cost of critical transportation improvements often line 16 escalates because of permitting delays that occur when appropriate line 17 conservation and mitigation measures cannot easily be identified line 18 and because the cost of these measures often increases between line 19 the time a project is planned and funded and the time mitigation line 20 is implemented. line 21 (c)  When the Department of Transportation is able to anticipate line 22 the compensatory mitigation needs for planned transportation line 23 improvements, it can meet those needs in a more timely and line 24 cost-effective way by using advance mitigation planning. line 25 (d)  Working with state and federal resource protection agencies, line 26 the department can generate and pool a range of mitigation credits line 27 for use for transportation improvements, taking advantage of line 28 greater economies of scale and allowing public funds to stretch line 29 further. By making those mitigation credits available in advance line 30 of environmental impacts and project permitting, transportation line 31 agencies can avoid permitting delays that result from line 32 project-by-project identification and development of mitigation line 33 measures. line 34 (e)  Advance mitigation can provide an effective means of line 35 facilitating delivery of transportation improvements while ensuring line 36 more effective natural resource conservation. line 37 (f)  Advance mitigation is needed to direct mitigation funding line 38 for transportation improvements to agreed-upon conservation line 39 priorities and to the creation of habitat reserves and recreation line 40 areas that enhance the sustainability of human and natural systems 99 SB 1— 25 — February 7, 2017 Contra Costa County Board of Supervisors Minutes 994 line 1 by protecting or restoring connectivity of natural communities and line 2 the delivery of ecosystem services. line 3 (g)  Advance mitigation can facilitate the implementation of line 4 climate change adaptation strategies both for ecosystems and line 5 California’s economy. line 6 (h)  Advance mitigation can enable the state to protect, restore, line 7 and recover its natural resources as it strengthens and improves line 8 its transportation systems. line 9 21203. The Legislature intends to do all of the following by line 10 enacting this division: line 11 (a)  Facilitate delivery of transportation improvements while line 12 ensuring more effective natural resource conservation. line 13 (b)  Develop effective strategies to improve the state’s ability to line 14 meet mounting demands for transportation improvements and to line 15 maximize conservation and other public benefits. line 16 (c)  Achieve conservation objectives of statewide and regional line 17 importance by coordinating local, state, and federally funded line 18 natural resource conservation efforts with mitigation actions line 19 required for impacts from transportation improvements. line 20 (d)  Create administrative, governance, and financial incentives line 21 and mechanisms necessary to ensure that measures required to line 22 minimize or mitigate impacts from transportation improvements line 23 will serve to achieve regional or statewide natural resource line 24 conservation objectives. line 25 line 26 Chapter 2. Definitions line 27 line 28 21204. For purposes of this division, the following terms have line 29 the following meanings: line 30 (a)  “Acquire” and “acquisition” mean, with respect to land or line 31 a waterway, acquisition of fee title or purchase of a conservation line 32 easement, that protects conservation and mitigation values on the line 33 land or waterway in perpetuity. line 34 (b)  “Advance mitigation” means mitigation implemented before, line 35 and in anticipation of, environmental effects of planned line 36 transportation improvements. line 37 (c)  “Commission” means the California Transportation line 38 Commission. 99 — 26 —SB 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 995 line 1 (d)  “Conservation easement” means a perpetual conservation line 2 easement that complies with Chapter 4 (commencing with Section line 3 815) of Title 2 of Part 2 of Division 2 of the Civil Code. line 4 (e)  “Department” means the Department of Transportation. line 5 (f)  “Mitigation credit agreement” means a mitigation credit line 6 agreement pursuant to Chapter 9 (commencing with Section 1850) line 7 of Division 2 of the Fish and Game Code. line 8 (g)  “Transportation agency” means the department, the line 9 High-Speed Rail Authority, a metropolitan planning organization, line 10 a regional transportation planning agency, or another public agency line 11 that implements transportation improvements. line 12 (h)  “Transportation improvement” means a transportation capital line 13 improvement project. line 14 (i)  “Planned transportation improvement” means a transportation line 15 project that a transportation agency has identified in a regional line 16 transportation plan, an interregional transportation plan, a capital line 17 improvement program, or other approved transportation planning line 18 document. A planned transportation improvement may include, line 19 but is not limited to, a transportation project that has been proposed line 20 for approval or that has been approved. line 21 (j)  “Program” means the Advance Mitigation Program line 22 implemented pursuant to this division. line 23 (k)  “Regional conservation investment strategy” means a line 24 regional conservation investment strategy pursuant to Chapter 9 line 25 (commencing with Section 1850) of Division 2 of the Fish and line 26 Game Code. line 27 (l)  “Regulatory agency” means a state or federal natural resource line 28 protection agency with regulatory authority over planned line 29 transportation improvements. A regulatory agency includes, but line 30 is not limited to, the Natural Resources Agency, the Department line 31 of Fish and Wildlife, California regional water quality control line 32 boards, the United States Fish and Wildlife Service, the National line 33 Marine Fisheries Service, the United States Environmental line 34 Protection Agency, and the United States Army Corps of line 35 Engineers. line 36 line 37 Chapter 3. Advance Mitigation Program line 38 line 39 21205. (a)  The Advance Mitigation Program is hereby created line 40 in the department to accelerate project delivery and improve 99 SB 1— 27 — February 7, 2017 Contra Costa County Board of Supervisors Minutes 996 line 1 environmental outcomes of environmental mitigation for planned line 2 transportation improvements. The department may do any of the line 3 following to administer and implement the program: line 4 (1)  Purchase credits at mitigation banks and conservation banks line 5 approved by one or more regulatory agencies. The department line 6 may also establish mitigation banks or conservation banks, or fund line 7 the establishment of mitigation banks or conservation banks, in line 8 accordance with applicable state and federal standards if the line 9 department determines that those banks would provide biologically line 10 appropriate mitigation for planned transportation improvements line 11 identified pursuant to Section 21207. line 12 (2)  Pay mitigation fees under natural community conservation line 13 plans approved pursuant to Chapter 10 (commencing with Section line 14 2800) of Division 3 of the Fish and Game Code, or habitat line 15 conservation plans approved in accordance with the federal line 16 Endangered Species Act. line 17 (3)  Prepare, or fund the preparation of, regional conservation line 18 investment strategies. Where a regional conservation framework line 19 has been approved by the Department of Fish and Wildlife, the line 20 department may do the following: line 21 (A)  Enter into a mitigation credit agreement with the Department line 22 of Fish and Wildlife, and acquire, restore, manage, monitor, protect, line 23 and preserve lands , waterways, aquatic resources or fisheries, or line 24 fund the acquisition, restoration, management, monitoring, line 25 protection, and preservation of lands, waterways, aquatic resources, line 26 or fisheries, as needed to generate mitigation credits pursuant to line 27 those mitigation credit agreements. line 28 (B)  Acquire, restore, manage, monitor, and preserve lands, line 29 waterways, aquatic resources, or fisheries, or fund the acquisition, line 30 restoration, management, monitoring, and preservation of lands, line 31 waterways, aquatic resources, or fisheries that would measurably line 32 advance a conservation objective in the regional conservation line 33 investment strategy if the department concludes that the action or line 34 actions could conserve or create environmental values that are line 35 appropriate to mitigate the anticipated potential impacts of planned line 36 transportation improvements. line 37 (4)  Prepare, or fund the preparation of, regional advance line 38 mitigation plans within the area of any regional conservation line 39 investment strategy that has been approved by the Department of line 40 Fish and Wildlife. The purpose of a regional advance mitigation 99 — 28 —SB 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 997 line 1 plan shall be to identify potential mitigation needs for planned line 2 transportation improvements, to facilitate the acquisition or line 3 generation of mitigation credits and values that could be used to line 4 fulfill those needs and thereby to avoid delays in the environmental line 5 permitting of those transportation improvements. A regional line 6 advance mitigation plan shall do all of the following: line 7 (A)  Use the information and analysis in the regional line 8 conservation investment strategy to estimate the nature and extent line 9 of potential mitigation requirements of planned transportation line 10 improvements on a regional or statewide basis. line 11 (B)  Consider the full range of potential impacts on natural line 12 resources of planned transportation improvements. line 13 (C)  Identify available mitigation credits at mitigation banks or line 14 conservation banks approved by one or more regulatory agencies line 15 that could be used to mitigate the impacts of planned transportation line 16 improvements. line 17 (D)  Assess whether, and to what extent, mitigation requirements line 18 for planned transportation improvements could be fulfilled by the line 19 payment of mitigation fees under approved natural community line 20 conservation plans and habitat conservation plans. line 21 (E)  Assess whether, and to what extent, mitigation requirements line 22 for planned transportation improvements could be fulfilled by line 23 mitigation credits created under a mitigation credit agreement. line 24 (F)  Assess whether conservation actions or habitat enhancements line 25 that would measurably advance an unmet conservation objective line 26 in the regional conservation investment strategy could conserve line 27 or create environmental values that are appropriate to mitigate the line 28 anticipated potential impacts of planned transportation line 29 improvements and could fulfill mitigation requirements resulting line 30 from those impacts. line 31 (G)  Analyze the cost-effectiveness of available mitigation line 32 alternatives both in terms of environmental benefits and improved line 33 project delivery and certainty. line 34 (b)  The department shall track all advance mitigation actions line 35 implemented and all mitigation credits generated under the program line 36 for environmental mitigation for transportation improvements. line 37 (c)  The department may use mitigation credits to fulfill line 38 mitigation requirements of a transportation improvement eligible line 39 for the State Transportation Improvement Program or the State line 40 Highway Operation and Protection Program. 99 SB 1— 29 — February 7, 2017 Contra Costa County Board of Supervisors Minutes 998 line 1 (d)  The department may use, or allow local or state line 2 transportation agencies to use, mitigation credits or values line 3 generated or obtained under the program to fulfill the mitigation line 4 requirements of planned transportation improvements if the line 5 applicable transportation agency reimburses the program for all line 6 costs of purchasing or creating the mitigation credits or values, as line 7 determined by the department. Those costs shall be calculated line 8 using total cost accounting and shall include, as applicable, land line 9 acquisition or conservation easement costs, monitoring and line 10 enforcement costs, restoration costs, transaction costs, line 11 administrative costs, contingency costs, and land management, line 12 monitoring, and protection costs. line 13 21206. No later than February 1, 2017, the department shall line 14 establish an interagency transportation advance mitigation steering line 15 committee consisting of the department and appropriate state and line 16 federal regulatory agencies to support the program so that advance line 17 mitigation can be used as required mitigation for planned line 18 transportation improvements and can provide improved line 19 environmental outcomes. The committee shall advise the line 20 department of opportunities to carry out advance mitigation line 21 improvements, provide the best available science, and actively line 22 participate in mitigation instrument reviews and approvals. The line 23 committee shall seek to develop streamlining opportunities, line 24 including those related to landscape scale mitigation planning and line 25 alignment of federal and state regulations and procedures related line 26 to mitigation requirements and implementation. The committee line 27 shall also provide input on crediting, using, and tracking of advance line 28 mitigation investments. line 29 21207. The Advance Mitigation Fund is hereby created in the line 30 State Transportation Fund as a revolving fund. Notwithstanding line 31 Section 13340 of the Government Code, the fund shall be line 32 continuously appropriated without regard to fiscal years. The line 33 moneys in the fund shall be programmed by the commission for line 34 the planning and implementation of advance mitigation line 35 improvements consistent with the purposes of this chapter. After line 36 the transfer of moneys to the fund for four fiscal years pursuant to line 37 subdivision (c) of Section 2032 of the Streets and Highways Code, line 38 commencing in the 2017–18 fiscal year, the program is intended line 39 to be self-sustaining. Advance expenditures from the fund shall line 40 later be reimbursed from project funding available at the time a 99 — 30 —SB 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 999 line 1 planned transportation improvement is constructed. A maximum line 2 of 5 percent of available funds may be used for administrative line 3 purposes. line 4 21208. The program is intended to improve the efficiency and line 5 efficacy of mitigation only and is not intended to supplant the line 6 requirements of the California Environmental Quality Act (Division line 7 13 (commencing with Section 21000)) or any other environmental line 8 law. The identification of planned transportation improvements line 9 and of mitigation improvements or measures for planned line 10 transportation improvements under this division does not imply line 11 or require approval of those improvements for purposes of the line 12 California Environmental Quality Act (Division 13 (commencing line 13 with Section 21000)) or any other environmental law. line 14 SEC. 15. Section 99312.1 of the Public Utilities Code is line 15 amended to read: line 16 99312.1. (a)  Revenues transferred to the Public Transportation line 17 Account pursuant to Sections 6051.8 and 6201.8 of the Revenue line 18 and Taxation Code for the State Transit Assistance Program are line 19 hereby continuously appropriated to the Controller for allocation line 20 as follows: line 21 (a) line 22 (1)  Fifty percent for allocation to transportation planning line 23 agencies, county transportation commissions, and the San Diego line 24 Metropolitan Transit Development Board pursuant to Section line 25 99314. line 26 (b) line 27 (2)  Fifty percent for allocation to transportation agencies, county line 28 transportation commissions, and the San Diego Metropolitan line 29 Transit Development Board for purposes of Section 99313. line 30 For line 31 (b)  For purposes of this chapter, the revenues allocated pursuant line 32 to this section shall be subject to the same requirements as revenues line 33 allocated pursuant to subdivisions (b) and (c), as applicable, of line 34 Section 99312. line 35 (c)  The revenues transferred to the Public Transportation line 36 Account for the State Transit Assistance Program that are line 37 attributable to the increase in the sales and use tax on diesel fuel line 38 pursuant to subdivision (b) of Section 6051.8 of the Revenue and line 39 Taxation Code, as adjusted pursuant to subdivision (c) of that line 40 section, and subdivision (b) of Section 6201.8 of the Revenue and 99 SB 1— 31 — February 7, 2017 Contra Costa County Board of Supervisors Minutes 1000 line 1 Taxation Code, as adjusted pursuant to subdivision (c) of that line 2 section, upon allocation pursuant to Sections 99313 and 99314, line 3 shall only be expended on the following: line 4 (1)  Transit capital projects or services to maintain or repair a line 5 transit operator’s existing transit vehicle fleet or existing transit line 6 facilities, including rehabilitation or modernization of existing line 7 vehicles or facilities. line 8 (2)  The design, acquisition, and construction of new vehicles line 9 or facilities that improve existing transit services. line 10 (3)  Transit services that complement local efforts for repair and line 11 improvement of local transportation infrastructure. line 12 (d)  (1)  Prior to receiving an apportionment of funds pursuant line 13 to subdivision (c) from the Controller in a fiscal year, a recipient line 14 transit agency shall submit to the Department of Transportation line 15 a list of projects proposed to be funded with these funds. The list line 16 of projects proposed to be funded with these funds shall include line 17 a description and location of each proposed project, a proposed line 18 schedule for the project’s completion, and the estimated useful life line 19 of the improvement. The project list shall not limit the flexibility line 20 of a recipient transit agency to fund projects in accordance with line 21 local needs and priorities so long as the projects are consistent line 22 with subdivision (c). line 23 (2)  The department shall report to the Controller the recipient line 24 transit agencies that have submitted a list of projects as described line 25 in this subdivision and that are therefore eligible to receive an line 26 apportionment of funds for the applicable fiscal year. The line 27 Controller, upon receipt of the report, shall apportion funds line 28 pursuant to Sections 99313 and 99314. line 29 (e)  For each fiscal year, each recipient transit agency receiving line 30 an apportionment of funds pursuant to subdivision (c) shall, upon line 31 expending those funds, submit documentation to the department line 32 that includes a description and location of each completed project, line 33 the amount of funds expended on the project, the completion date, line 34 and the estimated useful life of the improvement. line 35 (f)  The audit of transit operator finances required pursuant to line 36 Section 99245 shall verify that the revenues identified in line 37 subdivision (c) have been expended in conformance with these line 38 specific requirements and all other generally applicable line 39 requirements. 99 — 32 —SB 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1001 line 1 SEC. 16. Section 6051.8 of the Revenue and Taxation Code line 2 is amended to read: line 3 6051.8. (a)  Except as provided by Section 6357.3, in addition line 4 to the taxes imposed by this part, for the privilege of selling line 5 tangible personal property at retail a tax is hereby imposed upon line 6 all retailers at the rate of 1.75 percent of the gross receipts of any line 7 retailer from the sale of all diesel fuel, as defined in Section 60022, line 8 sold at retail in this state on and after the operative date of this line 9 subdivision. fuel. line 10 (b)  Notwithstanding subdivision (a), for the 2011–12 fiscal year line 11 only, the rate referenced in subdivision (a) shall be 1.87 percent. line 12 (c)  Notwithstanding subdivision (a), for the 2012–13 fiscal year line 13 only, the rate referenced in subdivision (a) shall be 2.17 percent. line 14 (d)  Notwithstanding subdivision (a), for the 2013–14 fiscal year line 15 only, the rate referenced in subdivision (a) shall be 1.94 percent. line 16 (b)  Except as provided by Section 6357.3, in addition to the line 17 taxes imposed by this part and by subdivision (a), for the privilege line 18 of selling tangible personal property at retail a tax is hereby line 19 imposed upon all retailers at the rate of 4 percent of the gross line 20 receipts of any retailer from the sale of all diesel fuel, as defined line 21 in Section 60022, sold at retail in this state. line 22 (c)  Beginning July 1, 2020, and every third year thereafter, the line 23 State Board of Equalization shall recompute the rates of the taxes line 24 imposed by this section. That computation shall be made as line 25 follows: line 26 (1)  The Department of Finance shall transmit to the State Board line 27 of Equalization the percentage change in the California Consumer line 28 Price Index for all items from November of three calendar years line 29 prior to November of the prior calendar year, no later than January line 30 31, 2020, and January 31 of every third year thereafter. line 31 (2)  The State Board of Equalization shall do all of the following: line 32 (A)  Compute an inflation adjustment factor by adding 100 line 33 percent to the percentage change figure that is furnished pursuant line 34 to paragraph (1) and dividing the result by 100. line 35 (B)  Multiply the preceding tax rate per gallon by the inflation line 36 adjustment factor determined in subparagraph (A) and round off line 37 the resulting product to the nearest tenth of a cent. line 38 (C)  Make its determination of the new rate no later than March line 39 1 of the same year as the effective date of the new rate. line 40 (e) 99 SB 1— 33 — February 7, 2017 Contra Costa County Board of Supervisors Minutes 1002 line 1 (d)  (1)   Notwithstanding subdivision (b) of Section 7102, except line 2 as otherwise provided in paragraph (2), all of the revenues, less line 3 refunds, collected pursuant to this section shall be estimated by line 4 the State Board of Equalization, with the concurrence of the line 5 Department of Finance, and transferred quarterly to the Public line 6 Transportation Account in the State Transportation Fund for line 7 allocation under the State Transit Assistance Program pursuant line 8 to Section 99312.1 of the Public Utilities Code. line 9 (2)  The revenues, less refunds, attributable to a rate of 0.5 line 10 percent of the 4-percent increase in the rate pursuant to subdivision line 11 (b), amounting to one-eighth of revenues from the increase in the line 12 rate under that subdivision, shall be estimated by the State Board line 13 of Equalization, with the concurrence of the Department of line 14 Finance, and transferred quarterly to the Public Transportation line 15 Account in the State Transportation Fund for allocation to the line 16 Department of Transportation, upon appropriation by the line 17 Legislature, to intercity rail and commuter rail purposes pursuant line 18 to Section 99315 of the Public Utilities Code. line 19 (f)  Subdivisions (a) to (e), inclusive, shall become operative on line 20 July 1, 2011. line 21 SEC. 17. Section 6201.8 of the Revenue and Taxation Code line 22 is amended to read: line 23 6201.8. (a)  Except as provided by Section 6357.3, in addition line 24 to the taxes imposed by this part, an excise tax is hereby imposed line 25 on the storage, use, or other consumption in this state of diesel line 26 fuel, as defined in Section 60022, at the rate of 1.75 percent of the line 27 sales price of the diesel fuel on and after the operative date of this line 28 subdivision. fuel. line 29 (b)  Notwithstanding subdivision (a), for the 2011–12 fiscal year line 30 only, the rate referenced in subdivision (a) shall be 1.87 percent. line 31 (c)  Notwithstanding subdivision (a), for the 2012–13 fiscal year line 32 only, the rate referenced in subdivision (a) shall be 2.17 percent. line 33 (d)  Notwithstanding subdivision (a), for the 2013–14 fiscal year line 34 only, the rate referenced in subdivision (a) shall be 1.94 percent. line 35 (b)  Except as provided by Section 6357.3, in addition to the line 36 taxes imposed by this part and by subdivision (a), an excise tax is line 37 hereby imposed on the storage, use, or other consumption in this line 38 state of diesel fuel, as defined in Section 60022, at the rate of 4 line 39 percent of the sales price of the diesel fuel. 99 — 34 —SB 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1003 line 1 (c)  Beginning July 1, 2020, and every third year thereafter, the line 2 State Board of Equalization shall recompute the rates of the taxes line 3 imposed by this section. That computation shall be made as line 4 follows: line 5 (1)  The Department of Finance shall transmit to the State Board line 6 of Equalization the percentage change in the California Consumer line 7 Price Index for all items from November of three calendar years line 8 prior to November of the prior calendar year, no later than January line 9 31, 2020, and January 31 of every third year thereafter. line 10 (2)  The State Board of Equalization shall do all of the following: line 11 (A)  Compute an inflation adjustment factor by adding 100 line 12 percent to the percentage change figure that is furnished pursuant line 13 to paragraph (1) and dividing the result by 100. line 14 (B)  Multiply the preceding tax rate per gallon by the inflation line 15 adjustment factor determined in subparagraph (A) and round off line 16 the resulting product to the nearest tenth of a cent. line 17 (C)  Make its determination of the new rate no later than March line 18 1 of the same year as the effective date of the new rate. line 19 (e) line 20 (d)  (1)   Notwithstanding subdivision (b) of Section 7102, except line 21 as otherwise provided in paragraph (2), all of the revenues, less line 22 refunds, collected pursuant to this section shall be estimated by line 23 the State Board of Equalization, with the concurrence of the line 24 Department of Finance, and transferred quarterly to the Public line 25 Transportation Account in the State Transportation Fund for line 26 allocation pursuant to Section 99312.1 of the Public Utilities Code. line 27 (2)  The revenues, less refunds, attributable to a rate of 0.5 line 28 percent of the 4-percent increase in the rate pursuant to subdivision line 29 (b), amounting to one-eighth of revenues from the increase in the line 30 rate under that subdivision, shall be estimated by the State Board line 31 of Equalization, with the concurrence of the Department of line 32 Finance, and transferred quarterly to the Public Transportation line 33 Account in the State Transportation Fund for allocation to the line 34 Department of Transportation, upon appropriation by the line 35 Legislature, to intercity rail and commuter rail purposes pursuant line 36 to Section 99315 of the Public Utilities Code. line 37 (f)  Subdivisions (a) to (e), inclusive, shall become operative on line 38 July 1, 2011. line 39 SEC. 18. Section 7360 of the Revenue and Taxation Code is line 40 amended to read: 99 SB 1— 35 — February 7, 2017 Contra Costa County Board of Supervisors Minutes 1004 line 1 7360. (a)  (1)  (A)  A tax of eighteen cents ($0.18) is hereby line 2 imposed upon each gallon of fuel subject to the tax in Sections line 3 7362, 7363, and 7364. line 4 (B)  In addition to the tax imposed pursuant to subparagraph line 5 (A), a tax of six cents ($0.06) is hereby imposed upon each gallon line 6 of fuel, other than aviation gasoline, subject to the tax in Sections line 7 7362, 7363, and 7364. Effective one year after the date that the line 8 six-cent ($0.06) tax is imposed, an additional tax of three cents line 9 ($0.03) is hereby imposed, and effective two years after the date line 10 that the six-cent ($0.06) tax is imposed, an additional tax of three line 11 cents ($0.03) is hereby imposed, on each gallon of fuel, other than line 12 aviation gasoline, subject to the tax in Sections 7362, 7363, and line 13 7364. line 14 (2)  If the federal fuel tax is reduced below the rate of nine cents line 15 ($0.09) per gallon and federal financial allocations to this state for line 16 highway and exclusive public mass transit guideway purposes are line 17 reduced or eliminated correspondingly, the tax rate imposed by line 18 subparagraph (A) of paragraph (1), on and after the date of the line 19 reduction, shall be recalculated by an amount so that the combined line 20 state rate under subparagraph (A) of paragraph (1) and the federal line 21 tax rate per gallon equal twenty-seven cents ($0.27). line 22 (3)  If any person or entity is exempt or partially exempt from line 23 the federal fuel tax at the time of a reduction, the person or entity line 24 shall continue to be so exempt under this section. line 25 (b)  (1)  On and after July 1, 2010, in addition to the tax imposed line 26 by subdivision (a), a tax is hereby imposed upon each gallon of line 27 motor vehicle fuel, other than aviation gasoline, subject to the tax line 28 in Sections 7362, 7363, and 7364 in an amount equal to seventeen line 29 and three-tenths cents ($0.173) per gallon. line 30 (2)  For the 2011–12 fiscal year and each fiscal year thereafter, line 31 the board shall, on or before March 1 of the fiscal year immediately line 32 preceding the applicable fiscal year, adjust the rate in paragraph line 33 (1) in that manner as to generate an amount of revenue that will line 34 equal the amount of revenue loss attributable to the exemption line 35 provided by Section 6357.7, based on estimates made by the board, line 36 and that rate shall be effective during the state’s next fiscal year. line 37 (3)  In order to maintain revenue neutrality for each year, line 38 beginning with the rate adjustment on or before March 1, 2012, line 39 the adjustment under paragraph (2) shall also take into account the line 40 extent to which the actual amount of revenues derived pursuant to 99 — 36 —SB 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1005 line 1 this subdivision and, as applicable, Section 7361.1, the revenue line 2 loss attributable to the exemption provided by Section 6357.7 line 3 resulted in a net revenue gain or loss for the fiscal year ending line 4 prior to the rate adjustment date on or before March 1. line 5 (4)  The intent of paragraphs (2) and (3) is to ensure that the act line 6 adding this subdivision and Section 6357.7 does not produce a net line 7 revenue gain in state taxes. line 8 (c)  Beginning July 1, 2020, and every third year thereafter, the line 9 State Board of Equalization shall recompute the rates of the taxes line 10 imposed by this section. That computation shall be made as line 11 follows: line 12 (1)  The Department of Finance shall transmit to the State Board line 13 of Equalization the percentage change in the California Consumer line 14 Price Index for all items from November of three calendar years line 15 prior to November of the prior calendar year, no later than January line 16 31, 2020, and January 31 of every third year thereafter. line 17 (2)  The State Board of Equalization shall do all of the following: line 18 (A)  Compute an inflation adjustment factor by adding 100 line 19 percent to the percentage change figure that is furnished pursuant line 20 to paragraph (1) and dividing the result by 100. line 21 (B)  Multiply the preceding tax rate per gallon by the inflation line 22 adjustment factor determined in subparagraph (A) and round off line 23 the resulting product to the nearest tenth of a cent. line 24 (C)  Make its determination of the new rate no later than March line 25 1 of the same year as the effective date of the new rate. line 26 SEC. 19. Section 8352.4 of the Revenue and Taxation Code line 27 is amended to read: line 28 8352.4. (a)  Subject to Sections 8352 and 8352.1, and except line 29 as otherwise provided in subdivision (b), there shall be transferred line 30 from the money deposited to the credit of the Motor Vehicle Fuel line 31 Account to the Harbors and Watercraft Revolving Fund, for line 32 expenditure in accordance with Division 1 (commencing with line 33 Section 30) of the Harbors and Navigation Code, the sum of six line 34 million six hundred thousand dollars ($6,600,000) per annum, line 35 representing the amount of money in the Motor Vehicle Fuel line 36 Account attributable to taxes imposed on distributions of motor line 37 vehicle fuel used or usable in propelling vessels. The actual amount line 38 shall be calculated using the annual reports of registered boats line 39 prepared by the Department of Motor Vehicles for the United line 40 States Coast Guard and the formula and method of the December 99 SB 1— 37 — February 7, 2017 Contra Costa County Board of Supervisors Minutes 1006 line 1 1972 report prepared for this purpose and submitted to the line 2 Legislature on December 26, 1972, by the Director of line 3 Transportation. If the amount transferred during each fiscal year line 4 is in excess of the calculated amount, the excess shall be line 5 retransferred from the Harbors and Watercraft Revolving Fund to line 6 the Motor Vehicle Fuel Account. If the amount transferred is less line 7 than the amount calculated, the difference shall be transferred from line 8 the Motor Vehicle Fuel Account to the Harbors and Watercraft line 9 Revolving Fund. No adjustment shall be made if the computed line 10 difference is less than fifty thousand dollars ($50,000), and the line 11 amount shall be adjusted to reflect any temporary or permanent line 12 increase or decrease that may be made in the rate under the Motor line 13 Vehicle Fuel Tax Law. Payments pursuant to this section shall be line 14 made prior to payments pursuant to Section 8352.2. line 15 (b)  (1)   Commencing July 1, 2016, 2017, the revenues line 16 attributable to the taxes imposed pursuant to subdivision (b) of line 17 Section 7360 and Section 7361.1 and otherwise to be deposited in line 18 the Harbors and Watercraft Revolving Fund pursuant to subdivision line 19 (a) shall instead be transferred to the General Fund. The revenues line 20 attributable to the taxes imposed Highway Users Tax Account for line 21 distribution pursuant to subdivision (b) of Section 7360 and Section line 22 7361.1 that were deposited in Section 2103.1 of the Harbors Streets line 23 and Watercraft Revolving Fund in the 2010–11 and 2011–12 fiscal line 24 years shall be transferred to the General Fund. Highways Code. line 25 (2)  Commencing July 1, 2017, the revenues attributable to the line 26 taxes imposed pursuant to subparagraph (B) of paragraph (1) of line 27 subdivision (a) of Section 7360 and otherwise to be deposited in line 28 the Harbors and Watercraft Revolving Fund pursuant to line 29 subdivision (a) shall instead be transferred to the Road line 30 Maintenance and Rehabilitation Account pursuant to Section 2031 line 31 of the Streets and Highways Code. line 32 SEC. 20. Section 8352.5 of the Revenue and Taxation Code line 33 is amended to read: line 34 8352.5. (a)  (1)  Subject to Sections 8352 and 8352.1, and line 35 except as otherwise provided in subdivision (b), there shall be line 36 transferred from the money deposited to the credit of the Motor line 37 Vehicle Fuel Account to the Department of Food and Agriculture line 38 Fund, during the second quarter of each fiscal year, an amount line 39 equal to the estimate contained in the most recent report prepared line 40 pursuant to this section. 99 — 38 —SB 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1007 line 1 (2)  The amounts are not subject to Section 6357 with respect line 2 to the collection of sales and use taxes thereon, and represent the line 3 portion of receipts in the Motor Vehicle Fuel Account during a line 4 calendar year that were attributable to agricultural off-highway line 5 use of motor vehicle fuel which is subject to refund pursuant to line 6 Section 8101, less gross refunds allowed by the Controller during line 7 the fiscal year ending June 30th 30 following the calendar year to line 8 persons entitled to refunds for agricultural off-highway use line 9 pursuant to Section 8101. Payments pursuant to this section shall line 10 be made prior to payments pursuant to Section 8352.2. line 11 (b)  (1)   Commencing July 1, 2016, 2017, the revenues line 12 attributable to the taxes imposed pursuant to subdivision (b) of line 13 Section 7360 and Section 7361.1 and otherwise to be deposited in line 14 the Department of Food and Agriculture Fund pursuant to line 15 subdivision (a) shall instead be transferred to the General Fund. line 16 The revenues attributable to the taxes imposed Highway Users line 17 Tax Account for distribution pursuant to subdivision (b) of Section line 18 7360 and Section 7361.1 that were deposited in the Department line 19 Section 2103.1 of Food and Agriculture Fund in the 2010–11 line 20 Streets and 2011–12 fiscal years shall be transferred to the General line 21 Fund. Highways Code. line 22 (2)  Commencing July 1, 2017, the revenues attributable to the line 23 taxes imposed pursuant to subparagraph (B) of paragraph (1) of line 24 subdivision (a) of Section 7360 and otherwise to be deposited in line 25 the Department of Food and Agriculture Fund pursuant to line 26 subdivision (a) shall instead be transferred to the Road line 27 Maintenance and Rehabilitation Account pursuant to Section 2031 line 28 of the Streets and Highways Code. line 29 (c)  On or before September 30, 2012, and on or before line 30 September 30 of each even-numbered year thereafter, the Director line 31 of Transportation and the Director of Food and Agriculture shall line 32 jointly prepare, or cause to be prepared, a report setting forth the line 33 current estimate of the amount of money in the Motor Vehicle line 34 Fuel Account attributable to agricultural off-highway use of motor line 35 vehicle fuel, which is subject to refund pursuant to Section 8101 line 36 less gross refunds allowed by the Controller to persons entitled to line 37 refunds for agricultural off-highway use pursuant to Section 8101; line 38 and they shall submit a copy of the report to the Legislature. line 39 SEC. 21. Section 8352.6 of the Revenue and Taxation Code line 40 is amended to read: 99 SB 1— 39 — February 7, 2017 Contra Costa County Board of Supervisors Minutes 1008 line 1 8352.6. (a)  (1)  Subject to Section 8352.1, and except as line 2 otherwise provided in paragraphs (2) and (3), on the first day of line 3 every month, there shall be transferred from moneys deposited to line 4 the credit of the Motor Vehicle Fuel Account to the Off-Highway line 5 Vehicle Trust Fund created by Section 38225 of the Vehicle Code line 6 an amount attributable to taxes imposed upon distributions of motor line 7 vehicle fuel used in the operation of motor vehicles off highway line 8 and for which a refund has not been claimed. Transfers made line 9 pursuant to this section shall be made prior to transfers pursuant line 10 to Section 8352.2. line 11 (2)  (A)   Commencing July 1, 2016, 2017, the revenues line 12 attributable to the taxes imposed pursuant to subdivision (b) of line 13 Section 7360 and Section 7361.1 and otherwise to be deposited in line 14 the Off-Highway Vehicle Trust Fund pursuant to paragraph (1) line 15 shall instead be transferred to the General Fund. The revenues line 16 attributable to the taxes imposed Highway Users Tax Account for line 17 distribution pursuant to subdivision (b) of Section 7360 and Section line 18 7361.1 that were deposited in Section 2103.1 of the Off-Highway line 19 Vehicle Trust Fund in the 2010–11 Streets and 2011–12 fiscal line 20 years shall be transferred to the General Fund. Highways Code. line 21 (B)  Commencing July 1, 2017, the revenues attributable to the line 22 taxes imposed pursuant to subparagraph (B) of paragraph (1) of line 23 subdivision (a) of Section 7360 and otherwise to be deposited in line 24 the Off-Highway Vehicle Trust Fund pursuant to subdivision (a) line 25 shall instead be transferred to the Road Maintenance and line 26 Rehabilitation Account pursuant to Section 2031 of the Streets line 27 and Highways Code. line 28 (3)  The Controller shall withhold eight hundred thirty-three line 29 thousand dollars ($833,000) from the monthly transfer to the line 30 Off-Highway Vehicle Trust Fund pursuant to paragraph (1), and line 31 transfer that amount to the General Fund. line 32 (b)  The amount transferred to the Off-Highway Vehicle Trust line 33 Fund pursuant to paragraph (1) of subdivision (a), as a percentage line 34 of the Motor Vehicle Fuel Account, shall be equal to the percentage line 35 transferred in the 2006–07 fiscal year. Every five years, starting line 36 in the 2013–14 fiscal year, the percentage transferred may be line 37 adjusted by the Department of Transportation in cooperation with line 38 the Department of Parks and Recreation and the Department of line 39 Motor Vehicles. Adjustments shall be based on, but not limited 99 — 40 —SB 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1009 line 1 to, the changes in the following factors since the 2006–07 fiscal line 2 year or the last adjustment, whichever is more recent: line 3 (1)  The number of vehicles registered as off-highway motor line 4 vehicles as required by Division 16.5 (commencing with Section line 5 38000) of the Vehicle Code. line 6 (2)  The number of registered street-legal vehicles that are line 7 anticipated to be used off highway, including four-wheel drive line 8 vehicles, all-wheel drive vehicles, and dual-sport motorcycles. line 9 (3)  Attendance at the state vehicular recreation areas. line 10 (4)  Off-highway recreation use on federal lands as indicated by line 11 the United States Forest Service’s National Visitor Use Monitoring line 12 and the United States Bureau of Land Management’s Recreation line 13 Management Information System. line 14 (c)  It is the intent of the Legislature that transfers from the Motor line 15 Vehicle Fuel Account to the Off-Highway Vehicle Trust Fund line 16 should reflect the full range of motorized vehicle use off highway line 17 for both motorized recreation and motorized off-road access to line 18 other recreation opportunities. Therefore, the Legislature finds that line 19 the fuel tax baseline established in subdivision (b), attributable to line 20 off-highway estimates of use as of the 2006–07 fiscal year, line 21 accounts for the three categories of vehicles that have been found line 22 over the years to be users of fuel for off-highway motorized line 23 recreation or motorized access to nonmotorized recreational line 24 pursuits. These three categories are registered off-highway line 25 motorized vehicles, registered street-legal motorized vehicles used line 26 off highway, and unregistered off-highway motorized vehicles. line 27 (d)  It is the intent of the Legislature that the off-highway motor line 28 vehicle recreational use to be determined by the Department of line 29 Transportation pursuant to paragraph (2) of subdivision (b) be that line 30 usage by vehicles subject to registration under Division 3 line 31 (commencing with Section 4000) of the Vehicle Code, for line 32 recreation or the pursuit of recreation on surfaces where the use line 33 of vehicles registered under Division 16.5 (commencing with line 34 Section 38000) of the Vehicle Code may occur. line 35 (e)  In the 2014–15 fiscal year, the Department of Transportation, line 36 in consultation with the Department of Parks and Recreation and line 37 the Department of Motor Vehicles, shall undertake a study to line 38 determine the appropriate adjustment to the amount transferred line 39 pursuant to subdivision (b) and to update the estimate of the amount line 40 attributable to taxes imposed upon distributions of motor vehicle 99 SB 1— 41 — February 7, 2017 Contra Costa County Board of Supervisors Minutes 1010 line 1 fuel used in the operation of motor vehicles off highway and for line 2 which a refund has not been claimed. The department shall provide line 3 a copy of this study to the Legislature no later than January 1, line 4 2016. line 5 SEC. 22. Section 60050 of the Revenue and Taxation Code is line 6 amended to read: line 7 60050. (a)  (1)  A tax of eighteen thirteen cents ($0.18) ($0.13) line 8 is hereby imposed upon each gallon of diesel fuel subject to the line 9 tax in Sections 60051, 60052, and 60058. line 10 (2)  If the federal fuel tax is reduced below the rate of fifteen line 11 cents ($0.15) per gallon and federal financial allocations to this line 12 state for highway and exclusive public mass transit guideway line 13 purposes are reduced or eliminated correspondingly, the tax rate line 14 imposed by paragraph (1), including any reduction or adjustment line 15 pursuant to subdivision (b), on and after the date of the reduction, line 16 (1) shall be increased by an amount so that the combined state rate line 17 under paragraph (1) and the federal tax rate per gallon equal what line 18 it would have been in the absence of the federal reduction. line 19 (3)  If any person or entity is exempt or partially exempt from line 20 the federal fuel tax at the time of a reduction, the person or entity line 21 shall continue to be exempt under this section. line 22 (b)  (1)  On July 1, 2011, the tax rate specified in paragraph (1) line 23 of subdivision (a) shall be reduced to thirteen cents ($0.13) and line 24 every July 1 thereafter shall be adjusted pursuant to paragraphs line 25 (2) and (3). line 26 (2)  For the 2012–13 fiscal year and each fiscal year thereafter, line 27 the board shall, on or before March 1 of the fiscal year immediately line 28 preceding the applicable fiscal year, adjust the rate reduction in line 29 paragraph (1) in that manner as to result in a revenue loss line 30 attributable to paragraph (1) that will equal the amount of revenue line 31 gain attributable to Sections 6051.8 and 6201.8, based on estimates line 32 made by the board, and that rate shall be effective during the state’s line 33 next fiscal year. line 34 (3)  In order to maintain revenue neutrality for each year, line 35 beginning with the rate adjustment on or before March 1, 2013, line 36 the adjustment under paragraph (2) shall take into account the line 37 extent to which the actual amount of revenues derived pursuant to line 38 Sections 6051.8 and 6201.8 and the revenue loss attributable to line 39 this subdivision resulted in a net revenue gain or loss for the fiscal 99 — 42 —SB 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1011 line 1 year ending prior to the rate adjustment date on or before March line 2 1. line 3 (4)  The intent of paragraphs (2) and (3) is to ensure that the act line 4 adding this subdivision and Sections 6051.8 and 6201.8 does not line 5 produce a net revenue gain in state taxes. line 6 (b)  In addition to the tax imposed pursuant to subdivision (a), line 7 an additional tax of twenty cents ($0.20) is hereby imposed upon line 8 each gallon of diesel fuel subject to the tax in Sections 60051, line 9 60052, and 60058. line 10 (c)  Beginning July 1, 2020, and every third year thereafter, the line 11 State Board of Equalization shall recompute the rates of the taxes line 12 imposed by this section. That computation shall be made as line 13 follows: line 14 (1)  The Department of Finance shall transmit to the State Board line 15 of Equalization the percentage change in the California Consumer line 16 Price Index for all items from November of three calendar years line 17 prior to November of the prior calendar year, no later than January line 18 31, 2020, and January 31 of every third year thereafter. line 19 (2)  The State Board of Equalization shall do all of the following: line 20 (A)  Compute an inflation adjustment factor by adding 100 line 21 percent to the percentage change figure that is furnished pursuant line 22 to paragraph (1) and dividing the result by 100. line 23 (B)  Multiply the preceding tax rate per gallon by the inflation line 24 adjustment factor determined in subparagraph (A) and round off line 25 the resulting product to the nearest tenth of a cent. line 26 (C)  Make its determination of the new rate no later than March line 27 1 of the same year as the effective date of the new rate. line 28 SEC. 23. Section 183.1 of the Streets and Highways Code is line 29 amended to read: line 30 183.1. (a)  Notwithstanding subdivision (a) of Section 182 or line 31 any other provision of law, Except as otherwise provided in Section line 32 54237.7 of the Government Code, money deposited into the account line 33 that is not subject to Article XIX of the California Constitution, line 34 including, but not limited to, money that is derived from the sale line 35 of documents, charges for miscellaneous services to the public, line 36 condemnation deposits fund investments, rental of state property, line 37 or any other miscellaneous uses of property or money, may be line 38 used for any transportation purpose authorized by statute, upon line 39 appropriation by the Legislature or, after transfer to another fund, line 40 upon appropriation by the Legislature from that fund. shall be 99 SB 1— 43 — February 7, 2017 Contra Costa County Board of Supervisors Minutes 1012 line 1 deposited in the Road Maintenance and Rehabilitation Account line 2 created pursuant to Section 2031. line 3 (b)  Commencing with the 2013–14 fiscal year, and not later line 4 than November 1 of each fiscal year thereafter, based on prior year line 5 financial statements, the Controller shall transfer the funds line 6 identified in subdivision (a) for the prior fiscal year from the State line 7 Highway Account to the Transportation Debt Service Fund in the line 8 State Transportation Fund, and those funds are continuously line 9 appropriated for the purposes specified for the Transportation Debt line 10 Service Fund. line 11 SEC. 24. Section 820.1 is added to the Streets and Highways line 12 Code, to read: line 13 820.1. (a)  The State of California consents to the jurisdiction line 14 of the federal courts with regard to the compliance, discharge, or line 15 enforcement of the responsibilities assumed by the department line 16 pursuant to Section 326 of, and subsection (a) of Section 327 of, line 17 Title 23 of the United States Code. line 18 (b)  In any action brought pursuant to the federal laws described line 19 in subdivision (a), no immunity from suit may be asserted by the line 20 department pursuant to the Eleventh Amendment to the United line 21 States Constitution, and any immunity is hereby waived. line 22 (c)  The department shall not delegate any of its responsibilities line 23 assumed pursuant to the federal laws described in subdivision (a) line 24 to any political subdivision of the state or its instrumentalities. line 25 (d)  Nothing in this section affects the obligation of the line 26 department to comply with state and federal law. line 27 SEC. 25. Chapter 2 (commencing with Section 2030) is added line 28 to Division 3 of the Streets and Highways Code, to read: line 29 line 30 Chapter 2. Road Maintenance and Rehabilitation line 31 Program line 32 line 33 2030. (a)  The Road Maintenance and Rehabilitation Program line 34 is hereby created to address deferred maintenance on the state line 35 highway system and the local street and road system. Funds made line 36 available by the program shall be prioritized for expenditure on line 37 basic road maintenance and road rehabilitation projects, and on line 38 critical safety projects. For funds appropriated pursuant to line 39 paragraph (1) of subdivision (d) of Section 2032, the California line 40 Transportation Commission shall adopt performance criteria, 99 — 44 —SB 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1013 line 1 consistent with the asset management plan required pursuant to line 2 14526.4 of the Government Code, to ensure efficient use of the line 3 funds available for these purposes in the program. line 4 (b)  (1)  Funds made available by the program shall be used for line 5 projects that include, but are not limited to, the following: line 6 (A)  Road maintenance and rehabilitation. line 7 (B)  Safety projects. line 8 (C)  Railroad grade separations. line 9 (D)  Complete street components, including active transportation line 10 purposes, pedestrian and bicycle safety projects, transit facilities, line 11 and drainage and stormwater capture projects in conjunction with line 12 any other allowable project. line 13 (E)  Traffic control devices. line 14 (2)  Funds made available by the program may also be used to line 15 satisfy a match requirement in order to obtain state or federal funds line 16 for projects authorized by this subdivision. line 17 2031. The following revenues shall be deposited in the Road line 18 Maintenance and Rehabilitation Account, which is hereby created line 19 in the State Transportation Fund: line 20 (a)  Notwithstanding subdivision (b) of Section 2103, the portion line 21 of the revenues in the Highway Users Tax Account attributable to line 22 the increases in the motor vehicle fuel excise tax pursuant to line 23 subparagraph (B) of paragraph (1) of subdivision (a) of Section line 24 7360 of the Revenue and Taxation Code, as adjusted pursuant to line 25 subdivision (c) of that section. line 26 (b)  The portion of revenues attributable to the increase in the line 27 motor vehicle fuel excise tax pursuant to subparagraph (B) of line 28 paragraph (1) of subdivision (a) of Section 7360 of the Revenue line 29 and Taxation Code, as adjusted pursuant to subdivision (c) of that line 30 section, and designated for the Road Maintenance and line 31 Rehabilitation Account pursuant to paragraph (2) of subdivision line 32 (b) of Section 8352.4 of, paragraph (2) of subdivision (b) of Section line 33 8352.5 of, and subparagraph (B) paragraph (2) of subdivision (a) line 34 of Section 8352.6 of, that code. line 35 (c)  The revenues from the increase in the vehicle registration line 36 fee pursuant to Section 9250.3 of the Vehicle Code, as adjusted line 37 pursuant to subdivision (b) of that section. line 38 (d)  The revenues from the increase in the vehicle registration line 39 fee pursuant to Section 9250.6 of the Vehicle Code, as adjusted line 40 pursuant to subdivision (b) of that section. 99 SB 1— 45 — February 7, 2017 Contra Costa County Board of Supervisors Minutes 1014 line 1 (e)  The revenues deposited in the account pursuant to Section line 2 183.1 of the Streets and Highways Code. line 3 (f)  Any other revenues designated for the program. line 4 2031.5. Each fiscal year the annual Budget Act shall contain line 5 an appropriation from the Road Maintenance and Rehabilitation line 6 Account to the Controller for the costs of carrying out his or her line 7 duties pursuant to this chapter and to the California Transportation line 8 Commission for the costs of carrying out its duties pursuant to this line 9 chapter and Section 14526.7 of the Government Code. line 10 2032. (a)  (1)  After deducting the amounts appropriated in the line 11 annual Budget Act, as provided in Section 2031.5, two hundred line 12 million dollars ($200,000,000) of the remaining revenues deposited line 13 in the Road Maintenance and Rehabilitation Account shall be set line 14 aside annually for counties that have sought and received voter line 15 approval of taxes or that have imposed fees, including uniform line 16 developer fees as defined by subdivision (b) of Section 8879.67 line 17 of the Government Code, which taxes or fees are dedicated solely line 18 to transportation improvements. The Controller shall each month line 19 set aside one-twelfth of this amount, to accumulate a total of two line 20 hundred million dollars ($200,000,000) in each fiscal year. line 21 (2)  Notwithstanding Section 13340 of the Government Code, line 22 the funds available under this subdivision in each fiscal year are line 23 hereby continuously appropriated for allocation to each eligible line 24 county and each city in the county for road maintenance and line 25 rehabilitation purposes pursuant to Section 2033. line 26 (b)  (1)  After deducting the amounts appropriated in the annual line 27 Budget Act pursuant to Section 2031.5 and the amount allocated line 28 in subdivision (a), beginning in the 2017–18 fiscal year, eighty line 29 million dollars ($80,000,000) of the remaining revenues shall be line 30 transferred annually to the State Highway Account for expenditure, line 31 upon appropriation by the Legislature, on the Active Transportation line 32 Program created pursuant to Chapter 8 (commencing with Section line 33 2380) of Division 3 to be allocated by the California Transportation line 34 Commission pursuant to Section 2381. line 35 (2)  In addition to the funds transferred in paragraph (1), the line 36 department shall annually identify savings achieved through line 37 efficiencies implemented at the department. The department, line 38 through the annual budget process, shall propose, from the line 39 identified savings, an appropriation to be included in the annual line 40 Budget Act of up to seventy million dollars ($70,000,000), but not 99 — 46 —SB 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1015 line 1 to exceed the total annual identified savings, from the State line 2 Highway Account for expenditure on the Active Transportation line 3 Program. line 4 (c)  After deducting the amounts appropriated in the annual line 5 Budget Act pursuant to Section 2031.5, the amount allocated in line 6 subdivision (a) and the amount transferred in paragraph (1) of line 7 subdivision (b), in the 2017–18, 2018–19, 2019–20, and 2020–21 line 8 fiscal years, the sum of thirty million dollars ($30,000,000) in each line 9 fiscal year from the remaining revenues shall be transferred to the line 10 Advance Mitigation Fund in the State Transportation Fund created line 11 pursuant to Section 21207 of the Public Resources Code. line 12 (d)  After deducting the amounts appropriated in the annual line 13 Budget Act pursuant to Section 2031.5, the amount allocated in line 14 subdivision (a), and the amounts transferred in paragraph (1) of line 15 subdivision (b) and in subdivision (c), beginning in the 2017–18 line 16 fiscal year and each fiscal year thereafter, and notwithstanding line 17 Section 13340 of the Government Code, there is hereby line 18 continuously appropriated to the California State University the line 19 sum of two million dollars ($2,000,000) from the remaining line 20 revenues for the purpose of conducting transportation research and line 21 transportation-related workforce education, training, and line 22 development. Prior to the start of each fiscal year, the chairs of the line 23 Assembly Committee on Transportation and the Senate Committee line 24 on Transportation and Housing shall confer and set out a line 25 recommended priority list of research components to be addressed line 26 in the upcoming fiscal year. line 27 (e)  Notwithstanding Section 13340 of the Government Code, line 28 the balance of the revenues deposited in the Road Maintenance line 29 and Rehabilitation Account are hereby continuously appropriated line 30 as follows: line 31 (1)  Fifty percent for allocation to the department for maintenance line 32 of the state highway system or for purposes of the state highway line 33 operation and protection program. line 34 (2)  Fifty percent for apportionment to cities and counties by the line 35 Controller pursuant to the formula in clauses (i) and (ii) of line 36 subparagraph (C) of paragraph (3) of subdivision (a) of Section line 37 2103 for the purposes authorized by this chapter. line 38 2033. (a)  On or before January 1, 2018, the commission, in line 39 cooperation with the department, transportation planning agencies, line 40 county transportation commissions, and other local agencies, shall 99 SB 1— 47 — February 7, 2017 Contra Costa County Board of Supervisors Minutes 1016 line 1 develop guidelines for the allocation of funds pursuant to line 2 subdivision (a) of Section 2032. line 3 (b)  The guidelines shall be the complete and full statement of line 4 the policy, standards, and criteria that the commission intends to line 5 use to determine how these funds will be allocated. line 6 (c)  The commission may amend the adopted guidelines after line 7 conducting at least one public hearing. line 8 2034. (a)  (1)  Prior to receiving an apportionment of funds line 9 under the program pursuant to paragraph (2) of subdivision (e) of line 10 Section 2032 from the Controller in a fiscal year, an eligible city line 11 or county shall submit to the commission a list of projects proposed line 12 to be funded with these funds pursuant to an adopted city or county line 13 budget. All projects proposed to receive funding shall be included line 14 in a city or county budget that is adopted by the applicable city line 15 council or county board of supervisors at a regular public meeting. line 16 The list of projects proposed to be funded with these funds shall line 17 include a description and the location of each proposed project, a line 18 proposed schedule for the project’s completion, and the estimated line 19 useful life of the improvement. The project list shall not limit the line 20 flexibility of an eligible city or county to fund projects in line 21 accordance with local needs and priorities so long as the projects line 22 are consistent with subdivision (b) of Section 2030. line 23 (2)  The commission shall report to the Controller the cities and line 24 counties that have submitted a list of projects as described in this line 25 subdivision and that are therefore eligible to receive an line 26 apportionment of funds under the program for the applicable fiscal line 27 year. The Controller, upon receipt of the report, shall apportion line 28 funds to eligible cities and counties. line 29 (b)  For each fiscal year, each city or county receiving an line 30 apportionment of funds shall, upon expending program funds, line 31 submit documentation to the commission that includes a description line 32 and location of each completed project, the amount of funds line 33 expended on the project, the completion date, and the estimated line 34 useful life of the improvement. line 35 2036. (a)  Cities and counties shall maintain their existing line 36 commitment of local funds for street, road, and highway purposes line 37 in order to remain eligible for an allocation or apportionment of line 38 funds pursuant to Section 2032. line 39 (b)  In order to receive an allocation or apportionment pursuant line 40 to Section 2032, the city or county shall annually expend from its 99 — 48 —SB 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1017 line 1 general fund for street, road, and highway purposes an amount not line 2 less than the annual average of its expenditures from its general line 3 fund during the 2009–10, 2010–11, and 2011–12 fiscal years, as line 4 reported to the Controller pursuant to Section 2151. For purposes line 5 of this subdivision, in calculating a city’s or county’s annual line 6 general fund expenditures and its average general fund expenditures line 7 for the 2009–10, 2010–11, and 2011–12 fiscal years, any line 8 unrestricted funds that the city or county may expend at its line 9 discretion, including vehicle in-lieu tax revenues and revenues line 10 from fines and forfeitures, expended for street, road, and highway line 11 purposes shall be considered expenditures from the general fund. line 12 One-time allocations that have been expended for street and line 13 highway purposes, but which may not be available on an ongoing line 14 basis, including revenue provided under the Teeter Plan Bond Law line 15 of 1994 (Chapter 6.6 (commencing with Section 54773) of Part 1 line 16 of Division 2 of Title 5 of the Government Code), may not be line 17 considered when calculating a city’s or county’s annual general line 18 fund expenditures. line 19 (c)  For any city incorporated after July 1, 2009, the Controller line 20 shall calculate an annual average expenditure for the period line 21 between July 1, 2009, and December 31, 2015, inclusive, that the line 22 city was incorporated. line 23 (d)  For purposes of subdivision (b), the Controller may request line 24 fiscal data from cities and counties in addition to data provided line 25 pursuant to Section 2151, for the 2009–10, 2010–11, and 2011–12 line 26 fiscal years. Each city and county shall furnish the data to the line 27 Controller not later than 120 days after receiving the request. The line 28 Controller may withhold payment to cities and counties that do line 29 not comply with the request for information or that provide line 30 incomplete data. line 31 (e)  The Controller may perform audits to ensure compliance line 32 with subdivision (b) when deemed necessary. Any city or county line 33 that has not complied with subdivision (b) shall reimburse the state line 34 for the funds it received during that fiscal year. Any funds withheld line 35 or returned as a result of a failure to comply with subdivision (b) line 36 shall be reapportioned to the other counties and cities whose line 37 expenditures are in compliance. line 38 (f)  If a city or county fails to comply with the requirements of line 39 subdivision (b) in a particular fiscal year, the city or county may line 40 expend during that fiscal year and the following fiscal year a total 99 SB 1— 49 — February 7, 2017 Contra Costa County Board of Supervisors Minutes 1018 line 1 amount that is not less than the total amount required to be line 2 expended for those fiscal years for purposes of complying with line 3 subdivision (b). line 4 2037. A city or county may spend its apportionment of funds line 5 under the program on transportation priorities other than those line 6 allowable pursuant to this chapter if the city’s or county’s average line 7 Pavement Condition Index meets or exceeds 80. line 8 2038. (a)  The department and local agencies, as a condition line 9 of receiving funds from the program, shall adopt and implement line 10 a program designed to promote and advance construction line 11 employment and training opportunities through preapprenticeship line 12 opportunities, either by the public agency itself or through line 13 contractors engaged by the public agencies to do work funded in line 14 whole or in part by funds made available by the program. line 15 (b)  The department and local agencies, as a condition of line 16 receiving funds from the program, shall ensure the involvement line 17 of the California Conservation Corps and certified community line 18 conservation corps in the delivery of projects and services funded line 19 in whole or in part by funds made available by the program. line 20 SEC. 26. Section 2103.1 is added to the Streets and Highways line 21 Code, to read: line 22 2103.1. (a)  Notwithstanding Section 2103, the revenues line 23 transferred to the Highway Users Tax Account pursuant to Sections line 24 8352.4, 8352.5, and 8352.6 of the Revenue and Taxation Code line 25 shall be distributed pursuant to the formula in paragraph (3) of line 26 subdivision (a) of Section 2103. line 27 (b)  Notwithstanding subdivision (b) of Section 2103, the portion line 28 of revenues in the Highway Users Tax Account attributable to the line 29 increases in the motor vehicle fuel excise tax pursuant to line 30 subparagraph (B) of paragraph (1) of subdivision (a) of Section line 31 7360 of the Revenue and Taxation Code, as adjusted pursuant to line 32 subdivision (c) of that section, shall be transferred to the Road line 33 Maintenance and Rehabilitation Account pursuant to Section 2031. line 34 (c)  Notwithstanding subdivision (b) of Section 2103, the portion line 35 of revenues in the Highway Users Tax Account attributable to the line 36 increase in the diesel fuel excise tax pursuant to subdivision (b) line 37 of Section 60050 of the Revenue and Taxation Code, as adjusted line 38 pursuant to subdivision (c) of that section, shall be transferred to line 39 the Trade Corridors Improvement Fund pursuant to Section 2192.4. 99 — 50 —SB 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1019 line 1 SEC. 27. Section 2192 of the Streets and Highways Code is line 2 amended to read: line 3 2192. (a)  (1)  The Trade Corridors Improvement Fund, created line 4 pursuant to subdivision (c) of Section 8879.23 of the Government line 5 Code, is hereby continued in existence to receive revenues from line 6 state sources other than the Highway Safety, Traffic Reduction, line 7 Air Quality, and Port Security Bond Act of 2006. This chapter line 8 shall govern expenditure of those other revenues. line 9 (2)  Revenues apportioned to the state under Section 167 of Title line 10 23 of the United States Code from the national highway freight line 11 program, pursuant to the federal Fixing America’s Surface line 12 Transportation Act (“FAST Act,” Public Law 114-94) shall be line 13 allocated for projects approved pursuant to this chapter. line 14 (b)  This chapter shall govern the expenditure of those state and line 15 federal revenues described in subdivision (a). line 16 (b)  The moneys in the fund from these other sources line 17 (c)  The funding described in subdivision (a) shall be available line 18 upon appropriation for allocation by the California Transportation line 19 Commission for infrastructure improvements in this state on line 20 federally designated Trade Corridors of National and Regional line 21 Significance, on the Primary Freight Network, and along other line 22 corridors that have a high volume of freight movement, as line 23 determined by the commission. commission and as identified in line 24 the state freight plan developed and adopted pursuant to Section line 25 13978.8 of the Government Code. In determining prioritizing the line 26 projects eligible for funding, the commission shall consult the line 27 Transportation Agency’s state freight plan as described in Section line 28 13978.8 of the Government Code, the State Air Resources Board’s line 29 Sustainable Freight Strategy adopted by Resolution 14-2, and the line 30 trade infrastructure and goods movement plan submitted to the line 31 commission by the Secretary of Transportation and the Secretary line 32 for Environmental Protection. The commission shall also consult line 33 California Sustainable Freight Action Plan released in July 2016 line 34 pursuant to Executive Order B-32-15, trade infrastructure and line 35 goods movement plans adopted by regional transportation planning line 36 agencies, adopted regional transportation plans required by state line 37 and federal law, and the statewide applicable port master plan line 38 when determining eligible projects for funding. plan. Eligible line 39 projects for the funding described in subdivision (a) shall further line 40 the state’s economic, environmental, and public health objectives 99 SB 1— 51 — February 7, 2017 Contra Costa County Board of Supervisors Minutes 1020 line 1 and goals for freight policy, as articulated in the plans to be line 2 consulted pursuant to this subdivision. Eligible projects for these line 3 funds include, but are not limited to, all of the following: are as line 4 follows: line 5 (1)  Highway Highway, local road, and rail capital and capacity line 6 improvements, rail landside access improvements, landside freight line 7 access improvements to airports, seaports, and land ports, and line 8 operational improvements to more efficiently accommodate the line 9 movement of freight, particularly for ingress and egress to and line 10 from the state’s land ports of entry entry, rail terminals, and line 11 seaports, including navigable inland waterways used to transport line 12 freight between seaports, land ports of entry, and airports, and to line 13 relieve traffic congestion along major trade or goods movement line 14 corridors. line 15 (2)  Freight rail system improvements to enhance the ability to line 16 move goods from seaports, land ports of entry, and airports to line 17 warehousing and distribution centers throughout California, line 18 including projects that separate rail lines from highway or local line 19 road traffic, improve freight rail mobility through mountainous line 20 regions, relocate rail switching yards, and other projects that line 21 improve the efficiency and capacity of the rail freight system. line 22 (3)  Projects to enhance the capacity and efficiency of ports. line 23 (3)  Infrastructure improvement projects to enhance the capacity line 24 and efficiency of ports without having the effect of displacing line 25 workers in port operations. line 26 (4)  Truck corridor and capital and operational improvements, line 27 including including, but not limited to, dedicated truck facilities line 28 or truck toll facilities. line 29 (5)  Border access capital and operational improvements that line 30 enhance goods movement between California and Mexico and that line 31 maximize the state’s ability to access coordinated border line 32 infrastructure funds made available to the state by federal law. line 33 (6)  Surface transportation and connector road capital and line 34 operational improvements to effectively facilitate the movement line 35 of goods, particularly for ingress and egress to and from the state’s line 36 land ports of entry, airports, and seaports, to relieve traffic line 37 congestion along major trade or goods movement corridors. line 38 (c)  (1)  The line 39 (d)  (1)  Except as provided in paragraph (2), In evaluating the line 40 program of projects to be funded with funds described in paragraph 99 — 52 —SB 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1021 line 1 (2) of subdivision (a), the commission shall evaluate the total line 2 potential economic and noneconomic benefits of the program of line 3 projects to California’s economy, environment, and public health. line 4 The commission shall consult with the agencies identified in line 5 Executive Order B-32-15 and metropolitan planning organizations line 6 in order to utilize the appropriate models, techniques, and methods line 7 to develop the parameters for evaluating the program of projects. line 8 The commission shall allocate funds the funding described in line 9 paragraph (2) of subdivision (a) for trade infrastructure line 10 improvements from the fund consistent with Section 8879.52 of line 11 the Government Code and the Trade Corridors Improvement Fund line 12 (TCIF) Guidelines adopted by the commission on November 27, line 13 2007, or as amended by the commission, and in a manner that (A) line 14 addresses the state’s most urgent needs, (B) balances the demands line 15 of various land ports of entry, seaports, and airports, (C) provides line 16 reasonable geographic balance between the state’s regions, and line 17 (D) places emphasis on projects that improve trade corridor line 18 mobility and safety while reducing emissions of diesel particulate line 19 and other pollutant emissions. emissions and reducing other line 20 negative community impacts, and (E) makes a significant line 21 contribution to the state’s economy. line 22 (2)  The commission shall allocate the federal freight funding, line 23 specifically, pursuant to the original TCIF Guidelines, as adopted line 24 by the commission on November 27, 2007, and in the manner line 25 described in (A) to (E), inclusive, of paragraph (1). line 26 (A)  One hundred fifty million dollars ($150,000,000) shall be line 27 dedicated exclusively to fund improvements to California’s existing line 28 or planned land ports of entry on the border with Mexico. The line 29 department, in consultation with the San Diego Association of line 30 Governments and the Imperial County Transportation Commission, line 31 shall nominate a program of projects for funding allocations that line 32 make border capital and operational improvements to enhance line 33 goods movement between California and Mexico and contribute line 34 to the reduction of emissions. line 35 (B)  Seventy million dollars ($70,000,000) shall be dedicated line 36 exclusively to fund projects for the elimination, alteration, or line 37 improvement of hazardous railroad-highway grade crossings. line 38 Projects shall be jointly nominated by the department and a line 39 regional transportation agency. 99 SB 1— 53 — February 7, 2017 Contra Costa County Board of Supervisors Minutes 1022 line 1 (C)  Three hundred sixty million dollars ($360,000,000) shall line 2 be available for projects nominated by regional transportation line 3 agencies and other public agencies, including counties, cities, and line 4 port authorities, in consultation with the department, and consistent line 5 with corridor-based programming targets contained in the Trade line 6 Corridors Investment Fund (TCIF) Guidelines adopted by the line 7 commission on November 27, 2007, or as amended by the line 8 commission, to provide reasonable geographic targets for funding line 9 allocations without constraining what an agency may propose or line 10 what the commission may approve. However, the San Diego line 11 Association of Governments, the Imperial County Transportation line 12 Commission, and other public agencies in San Diego and Imperial line 13 Counties shall be excluded from nominating projects under this line 14 subparagraph. line 15 (2)  The commission shall proportionately adjust the amounts line 16 in subparagraphs (A), (B), and (C) of paragraph (1) if the amount line 17 of funds described in paragraph (2) of subdivision (a) is less than line 18 or greater than five hundred eighty million dollars ($580,000,000). line 19 (3)  The commission shall adopt guidelines to allocate the line 20 funding described in subdivision (a) for trade infrastructure line 21 improvements in a manner that (A) addresses the state’s most line 22 urgent needs, (B) balances the demands of various land ports of line 23 entry, seaports, and airports, (C) provides reasonable geographic line 24 balance between the state’s regions, (D) places emphasis on line 25 projects that improve trade corridor mobility and safety while line 26 reducing emissions of diesel particulates, greenhouse gases, and line 27 other pollutants and reducing other negative community impacts, line 28 and (E) makes a significant contribution to the state’s economy. line 29 The commission shall adopt any amendments to the 2007 guidelines line 30 on or before April 1, 2017. line 31 (4)  In adopting amended guidelines, and developing and line 32 adopting the program of projects, the commission shall do all of line 33 the following: line 34 (A)  Accept nominations for projects to be included in the line 35 program of projects from regional and local transportation line 36 agencies and the department. line 37 (B)  Recognize the key role of the state in project identification line 38 and support integrating statewide goods movement priorities into line 39 the corridor approach. 99 — 54 —SB 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1023 line 1 (C)  Give the highest priority for funding allocations to projects line 2 jointly nominated by the department and a regional or other public line 3 agency. line 4 (3) line 5 (5)  In addition, the commission shall also consider the following line 6 factors when allocating these funds: funds under this section: line 7 (A)  “Velocity,” which means the speed by which large cargo line 8 would travel from the land port of entry or seaport through the line 9 distribution system. line 10 (B)  “Throughput,” which means the volume of cargo that would line 11 move from the land port of entry or seaport through the distribution line 12 system. line 13 (C)  “Reliability,” which means a reasonably consistent and line 14 predictable amount of time for cargo to travel from one point to line 15 another on any given day or at any given time in California. line 16 (D)  “Congestion reduction,” which means the reduction in line 17 recurrent daily hours of delay to be achieved. line 18 SEC. 28. Section 2192.2 of the Streets and Highways Code is line 19 amended to read: line 20 2192.2. The commission shall allocate funds made available line 21 by this chapter to projects that have identified and committed line 22 supplemental funding from appropriate local, federal, or private line 23 sources. The commission shall determine the appropriate amount line 24 of supplemental funding each project should have to be eligible line 25 for moneys from the fund based on a project-by-project review line 26 and an assessment of the project’s benefit to the state and the line 27 program. Except for border access Funded improvements described line 28 in paragraph (5) of subdivision (b) of Section 2192, improvements line 29 funded with moneys from the fund shall have supplemental funding line 30 that is at least equal to the amount of the contribution from the line 31 fund. under this chapter. The commission may give priority for line 32 funding to projects with higher levels of committed supplemental line 33 funding. line 34 SEC. 29. Section 2192.4 is added to the Streets and Highways line 35 Code, to read: line 36 2192.4. The portion of the revenues in the Highway Users Tax line 37 Account attributable to the increase in the diesel fuel excise tax line 38 pursuant to subdivision (b) of Section 60050 of the Revenue and line 39 Taxation Code, as adjusted pursuant to subdivision (c) of that 99 SB 1— 55 — February 7, 2017 Contra Costa County Board of Supervisors Minutes 1024 line 1 section, shall be transferred to the Trade Corridors Improvement line 2 Fund. line 3 SEC. 30. Section 9250.3 is added to the Vehicle Code, to read: line 4 9250.3. (a)  In addition to any other fees specified in this code line 5 or the Revenue and Taxation Code, commencing October 1, 2017, line 6 a registration fee of thirty-eight dollars ($38) shall be paid to the line 7 department for registration or renewal of registration of every line 8 vehicle subject to registration under this code, except those vehicles line 9 that are expressly exempted under this code from payment of line 10 registration fees. line 11 (b)  Beginning October 1, 2020, and every third year thereafter, line 12 the Department of Motor Vehicles shall adjust the fee imposed line 13 under this section for inflation in an amount equal to the change line 14 in the California Consumer Price Index for the prior three-year line 15 period, as calculated by the Department of Finance, with amounts line 16 equal to or greater than fifty cents ($0.50) rounded to the next line 17 highest whole dollar. line 18 (c)  Revenues from the fee, after the deduction of the line 19 department’s administrative costs related to this section, shall be line 20 deposited in the Road Maintenance and Rehabilitation Account line 21 created pursuant to Section 2031 of the Streets and Highways line 22 Code. line 23 SEC. 31. Section 9250.6 is added to the Vehicle Code, to read: line 24 9250.6. (a)  In addition to any other fees specified in this code, line 25 or the Revenue and Taxation Code, commencing October 1, 2017, line 26 a registration fee of one hundred dollars ($100) shall be paid to line 27 the department for registration or renewal of registration of every line 28 zero-emission motor vehicle subject to registration under this code, line 29 except those motor vehicles that are expressly exempted under line 30 this code from payment of registration fees. line 31 (b)  Beginning October 1, 2020, and every third year thereafter, line 32 the Department of Motor Vehicles shall adjust the fee imposed line 33 under this section for inflation in an amount equal to the change line 34 in the California Consumer Price Index for the prior three-year line 35 period, as calculated by the Department of Finance, with amounts line 36 equal to or greater than fifty cents ($0.50) rounded to the next line 37 highest whole dollar. line 38 (c)  Revenues from the fee, after deduction of the department’s line 39 administrative costs related to this section, shall be deposited in 99 — 56 —SB 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1025 line 1 the Road Maintenance and Rehabilitation Account created pursuant line 2 to Section 2031 of the Streets and Highways Code. line 3 (d)  This section does not apply to a commercial motor vehicle line 4 subject to Section 9400.1. line 5 (e)  The registration fee required pursuant to this section does line 6 not apply to the initial registration after the purchase of a new line 7 zero-emission motor vehicle. line 8 (f)  For purposes of this section, “zero-emission motor vehicle” line 9 means a motor vehicle as described in subdivisions (c) and (d) of line 10 Section 44258 of the Health and Safety Code, or any other motor line 11 vehicle that is able to operate on any fuel other than gasoline or line 12 diesel fuel. line 13 SEC. 32. Section 9400.5 is added to the Vehicle Code, to read: line 14 9400.5. (a)  Notwithstanding Sections 9400.1, 9400.4, and line 15 42205 of this code, Sections 16773 and 16965 of the Government line 16 Code, Section 2103 of the Streets and Highways Code, or any line 17 other law, weight fee revenues shall only be transferred consistent line 18 with the schedule provided in subdivision (b) from the State line 19 Highway Account to the Transportation Debt Service Fund, the line 20 Transportation Bond Direct Payment Account, or any other fund line 21 or account for the purpose of payment of the debt service on line 22 transportation general obligation bonds and shall not be loaned to line 23 the General Fund. line 24 (b)  (1)  The transfer of weight fee revenues, after deduction of line 25 collection costs, from the State Highway Account pursuant to line 26 subdivision (a) shall not exceed: line 27 (A)  Ninety percent of the total weight fees in the 2017–18 fiscal line 28 year. line 29 (B)  Eighty percent of the total weight fees in the 2018–19 fiscal line 30 year. line 31 (C)  Seventy percent of the total weight fees in the 2019–20 line 32 fiscal year. line 33 (D)  Sixty percent of the total weight fees in the 2020–21 fiscal line 34 year. line 35 (E)  Fifty percent of the total weight fees in 2021–22 and line 36 subsequent fiscal years. line 37 (2)  The California Transportation Commission, on or before line 38 January 1, 2018, shall recommend a course of action to the line 39 Legislature and the Governor that would provide for the portion line 40 of weight fees described in subparagraph (E) of paragraph (1) to 99 SB 1— 57 — February 7, 2017 Contra Costa County Board of Supervisors Minutes 1026 line 1 be retained in the State Highway Account or transferred to the line 2 Road Maintenance and Rehabilitation Account created pursuant line 3 to Section 2031. line 4 SEC. 33. The increases in tax rates in Sections 6051.8, 6201.8, line 5 7360, and 60050 of the Revenue and Taxation Code, as amended line 6 by this act, shall become effective on July 1, 2017. line 7 SEC. 34. This act is an urgency statute necessary for the line 8 immediate preservation of the public peace, health, or safety within line 9 the meaning of Article IV of the Constitution and shall go into line 10 immediate effect. The facts constituting the necessity are: line 11 In order to provide additional funding for road maintenance and line 12 rehabilitation purposes as quickly as possible, it is necessary for line 13 this act to take effect immediately. line 14 line 15 CORRECTIONS: line 16 Heading—Line 3. line 17 line 18 O 99 — 58 —SB 1 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1027 Beall/Frazier Transportation Funding Bill(s) Senate Bill X 1-1 & Assembly Bill X 1-26 Transportation Infrastructure and Economic Investment Act Background: How Gas Taxes Are Currently Distributed and Used November 15th, 2016 Board of Supervisors Meeting: Beall/Frazier Tranportation Bill February 7, 2017 Contra Costa County Board of Supervisors Minutes 1028 November 15th, 2016 Board of Supervisors Meeting: Beall/Frazier Transportation Bill Summary: All Transportation Funding Administered by the State Graphic From: Transportation Funding in California (2015), Caltrans –Transportation Planning/Economic Analysis Branch February 7, 2017 Contra Costa County Board of Supervisors Minutes 1029 November 15th, 2016 Board of Supervisors Meeting: Beall/Frazier Transportation Bill Summary: Local Transportation Funding Administered by the State Graphic From: Transportation Funding in California (2015), Caltrans –Transportation Planning/Economic Analysis Branch February 7, 2017 Contra Costa County Board of Supervisors Minutes 1030 November 15th, 2016 Board of Supervisors Meeting: Beall/Frazier Transportation Bill ** Storm Damage: Budgeted as needed. Contra Costa County Gas Tax Expenditures General Road Maintenance, $7.50 Pavement Maintenance, $3.50 Storm Damage**, $- Road Capital Improvements, $2.90 Traffic Program, $0.67 Road Engineering, $1.33 Advance Engineering, $1.34 Road Information and Services, $1.73 $ in Millions, FY 16-17February 7, 2017 Contra Costa County Board of Supervisors Minutes 1031 November 15th, 2016 Board of Supervisors Meeting: Beall/Frazier Transportation Bill Gas Tax Funds, 60.80% Other Local Funds, 1.80% Measure J Regional, 2.70% Federal, State & Regional Grant Funds, 27.20% County Trust Funds, 0.1% Areas of Benefit, 2.50%Measure J Return to Source, 4.7% State Match Funds, 0.30% Projected 7 Year Revenue For the Road Program* * From the 2015 Public Works Capital Road Improvement Program Why State Gas Tax Revenues Are An Issue For Contra Costa County February 7, 2017 Contra Costa County Board of Supervisors Minutes 1032 AB 1 (Frazier)/SB 1 (Beall): Transportation Funding/Reform CSAC Revenue and Expenditure Analysis All revenue and expenditure estimates are based of full implementation of these funding/reform packages which occurs in year five. If adopted in 2017, full implementation would occur in FY 2021-22. REVENUES New Revenues Maintenance & Rehabilitation Investments - $3.12 billion annually  Gas tax increase of 12-cents, which generates $1.8 billion annually o AB 1 levies the entire increase in year one o SB 1 levies the increase in increments over three years (6-cents in year one, 9-cents in year two, and 12-cents in year three) o Gas tax revenues deposited into the Road Maintenance and Rehabilitation Account (RMRA)  SB 1 would capture off-highway vehicle (OHV) increment from new gas tax for RMRA, whereas AB 1 maintains current practice of sending OHV related share to OHV accounts o Indexed for inflation every three years  Vehicle registration fee (VRF) of $38, which generates $1.3 billion annually o Deposited into the RMRA o Indexed for inflation every three years  Zero emission vehicle registration fee (ZVRF) of $100 (SB 1) or $165 (AB 1), which would generate approximately $20 million annually o Deposited into the RMRA o Indexed for inflation every three years Freight Investments - $600 million annually  20-cent diesel excise tax, which generates $600 million annually o Deposited into the Trade Corridors Improvement Fund (TCIF) o Indexed for inflation every three years Transit Investments - $563 million annually  Up to a 4% increase in the sales tax on diesel, which generates approximately $263 million annually o Deposited into the State Transit Assistance Account (STA) o Allocated via the Public Transportation Account (PTA) formula o AB 1 increases the rate by 3.5% all for the STA/PTA allocation o SB 1 increases the rate by 4%, 3.5% which benefits the STA/PTA formula and 0.5% benefits the Transit and Intercity Rail Corridor Program (TIRCP)  Increase existing cap and trade expenditures, which generates approximately $300 million annually o From 10% to 20% of total cap and trade auction proceeds for the TIRCP o From 5% to 10% of total cap and trade auction proceeds for the Low Carbon Transit Operations Program (LCTOP) TOTAL NEW REVENUE GENERATED FOR ALL INVESTMENT CATEGORIES: $4.28 BILLION February 7, 2017 Contra Costa County Board of Supervisors Minutes 1033 Restored/Returned Revenues Maintenance & Rehabilitation Investments - $1.81 billion annually  $500 million in truck weight fees o Directed to the Highway User Tax Account (HUTA) o Allocated via the 44 STIP/44 LSR/12 SHOPP split o AB 1 would phase in a specific dollar amount to be returned to transportation projects whereas SB 1 would phase in a certain percentage of weight fee revenue. AB 1 would cap the weight fee transfer to the General Fund to $500 million in FY 2021-22 and SB 1 would cap the transfer to 50% of total weight fee revenue collected in FY 2021-22. Depending on how much weight fee revenue is collected in any given year one approach could return more back to transportation projects than another but it’s difficult to predict.  Eliminate the annual BOE adjustment of the price-based excise tax, reset the rate to 17.3-cents, which would generate $1.125 billion over FY 2016-17 anticipated revenues o Directed to the HUTA o Allocated via the 44/44/12 split  Return $125 million in price-based revenues related to the sale of fuel for non-highway purposes (Off-Highway Vehicles) o Directed to the HUTA o Allocated via the 44/44/12 split  Return $60 million in miscellaneous transportation revenues o Directed to the RMRA o Allocated via the 50 state/50 local split after off-the top set-aside TOTAL RESTORED/RETURNED REVENUE GENERATED FOR ALL INVESTMENT CATEGORIES: $1.81 BILLION One-Time Revenues Maintenance & Rehabilitation Investments  $703 million in transportation loans o Split 50/50 between the state/locals TOTAL ONE-TIME REVENUES GENERATED FOR ALL INVESTMENT CATEGORIES: $703 MILLION TOTAL NEW REVENUE GENERATED FOR ALL INVESTMENT CATEGORIES: $4.28 BILLION TOTAL RESTORED/RETURNED REVENUE GENERATED FOR ALL INVESTMENT CATEGORIES: $1.81 BILLION GRAND TOTAL ON-GOING REVENUE FOR ALL INVESTMENT CATEGORIES: $6.09 BILLION February 7, 2017 Contra Costa County Board of Supervisors Minutes 1034 EXPENDITURES BY ACCOUNT FOR ROAD PURPOSES Road Maintenance and Rehabilitation Account (RMRA)  Receives $3.18 billion from new and returned/restored revenue annually: o $3.12 billion from new revenues (gas tax, VRF, ZVRF) o $60 million from returned revenues (miscellaneous revenues)  Take-downs before formula allocation: o $200 million annually for the State Local Partnership Program (SLPP) o $80 million annually for the Active Transportation Program (ATP) o $30 million annually for 4-years to establish the Advanced Mitigation Program (not reflected in calculations throughout analysis as this take-down will cease in year five/full implementation) o $2-5 million annually for the CSU/UC transportation centers (SB 1 would allocated $2 million for the UC system only whereas AB 1 would allocated $2 million for the UC system and $3 million for the CSU system)  Remainder for formula allocation: o $2.9 billion o Remainder split 50 state/50 local  $1.45 for the SHOPP  $1.45 billion for LSR TOTAL GENERATED FOR RMRA: $3.18 BILLION Highway User Tax Account (HUTA)  Receives $1.75 billion from returned/restores revenues annually: o $1.125 billion from resetting the price-based excise tax rate o $500 million in truck weight fees o $125 million from OHV related price-based excise tax revenue  Formula allocations: o 44% STIP/44% LSR/12% SHOPP  $770 million for the STIP  $770 million for LSR  $21 million for the SHOPP TOTAL GENERATED FOR HUTA: $1.75 BILLION TOTAL GENERATED FOR RMRA: $3.18 BILLION TOTAL GENERATED FOR HUTA: $1.75 BILLION GRAND TOTAL ON-GOING REVENUE FOR ROAD PURPOSES CATEGORIES: $4.93 BILLION February 7, 2017 Contra Costa County Board of Supervisors Minutes 1035 EXPENDITURES BY SYSTEM FOR ROAD PURPOSES Local Streets and Roads  $2.22 billion annually o $1.45 billion annually from new/returned revenue from the RMRA o $770 million annually from restores/returned revenue from the HUTA  Potential LSR benefits from $200 million SLPP and $80 million ATP  One time revenue of $352 million from transportation loan repayment State Highways Operations and Protection Program  $1.47 billion annually o $1.45 billion annually from new/returned revenue from the RMRA o $21 million annually from restores/returned revenue from the HUTA  Potential State Highways benefits from $200 million SLPP and $80 million ATP  One time revenue of $352 million from transportation loan repayment State Transportation Improvement Program  $770 million annually  Potential State Highways benefits from $200 million SLPP and $80 million ATP STREAMLINING AND OTHER PROVISIONS OF INTEREST TO COUNTIES CEQA Streamlining  AB 1 and SB 1 both remove the sunset, remove population cap, and extend to state projects the existing CEQA exemption for local jurisdictions under 100,000 population for the repair, maintenance, or other minor alteration to an existing roadway if the project improves public safety. Caltrans Efficiencies  AB 1 and SB 1 require Caltrans to annually identify savings achieved through efficiencies implemented at the department and to propose, from the identified savings, an appropriation to be included in the annual Budget Act of up to $70,000,000 from the State Highway Account for expenditure on the Active Transportation Program. Advance Mitigation Program  AB 1 and SB 1 would both establish an Advance Mitigation Program in the Caltrans, authorizing the department to undertake mitigation measures in advance of construction of a planned transportation project. The bills would allocate $30 million per year for four years from the Road Maintenance and Rehabilitation Program to endow a revolving fund. The bill would provide for reimbursement of the revolving fund at the time a planned transportation project benefiting from advance mitigation is constructed. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1036 The Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, California 94553 John Gioia, 1st District Candace Andersen, 2nd District Diane Burgis, 3rd District Karen Mitchoff, 4th District Federal D. Glover, 5th District February 7, 2017January 17, 2017 Honorable Jim Beall, Chair Senate Transportation and Housing Committee State Capitol, Room 2209 Sacramento, CA 95814 Subject: SB 1AB 1 (BeallFrazier) – Transportation Funding and Reform Package As introduced on February 7, 2017December 4, 2016 – SUPPORT Dear Assembly MemberSenator Beall Frazier: On behalf of the Contra Costa County Board of Supervisors, I am writing in strong support of your ASB 1 and to thank you for your substantial leadership in addressing California’s massive transportation infrastructure needs. Your bill successfully merges Republican ideas on revenues and reforms, aspects of the Governor’s transportation plan, input from your colleagues and stakeholders, and your own concepts. The bill is a much-needed comprehensive, effective and robust bi-partisan solution. SAB 1 would provide new statewide investment to maintain and improve local streets , and roads and state highways, ensure existing revenues meant for transportation projects are redirected to transportation, and implement a number of reforms to improve project delivery while still protecting the environment. SAB 1 would result in approximately $2.4 billion in existing and new on-going revenue at full implementation of the package for multi-modal investments into the local street and road system. The bill includes as eligible projects: road maintenance and rehabilitation, safety projects, railroad grade separations, and complete street components—including active transportation, pedestrian and bike safety projects, and transit facilities – and drainage and stormwater capture projects built in conjunction with any other allowable project. Funding from the bill could also be used as matching funds for state and federal funding programs. Outside of the revenue provisions, SAB 1 includes strong accountability measures, including a local maintenance of effort requirement and project-level reporting to the California Transportation Commission. In terms of local project streamlining, the bill would expand an existing CEQA exemption available to small cities and counties for maintenance, rehabilitation and safety projects in the existing right-of-way to all local jurisdictions and the state, and create a transportation advanced mitigation program. Contra Costa County is depending on a solution at the the state level in order to close a $7.9 million budget gap. The County has struggled to maintain safe, well-maintained roads during a time when revenues are declining due to the increase in fuel-efficient and electric vehicles and the purchasing power David Twa Clerk of the Board and County Administrator (925) 335-1900 Contra Costa County February 7, 2017 Contra Costa County Board of Supervisors Minutes 1037 Assembly Member Jim FrazierSenator Jim Beall January 17, 2016 February 7, 2017 File: Transportation‎‎>‎Legislation‎and‎Correspondence‎-‎BOS,‎DCD‎‎>‎2017‎ G:\Transportation\BOS Letter-Memo\2017\1-17-17 - BOS to AM JFrazier reAB1\CCC BOS re_AB1 (Frazier) Support.docx C:\Users\abattagello\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\NLI2U3KW\02-07-17 BOS to Sen JBeall reSB1 Support DRAFT.docx of the unit based gas tax is half of what is was when it was established in 1994. Our Public Works Department has a short term list of 11 major projects that will have to be deferred, on top of a reduction in maintenance activities, unless a solution is identified. The more longer term scenario is substantially more grimbleak. Investing in our roads and highways, active transportation facilities, transit and key freight corridors through targeted and balanced increases in revenue will improve California’s transportation facilities today and save taxpayers money for the upkeep maintenance of this infrastructure tomorrow—not to mention the savings individual drivers will realize from smoother and safer roads that reduce wear and tear on vehicles. We look forward to working with you and legislative leadership and the Administration on their promise top successfully advance a meaningful transportation reform and funding package early in the 2017 legislative session. Sincerely, Federal D. Glover, Chair Contra Costa County Board of Supervisors Supervisor, District V C: Honorable Members of the Contra Costa County State Legislative Delegation February 7, 2017 Contra Costa County Board of Supervisors Minutes 1038 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 22024 to add the following seven (7) represented positions in the Health Services Department: • One (1) 40/40 – Health Services Information Systems Programmer/Analyst (LBTC) at salary level ZB5-1787 ($6,791-$9,101); • Two (2) 40/40 – Health Services Information Technology Manager (LBFA) at salary level 3RX-1236 ($9,195 - $11,177); • Three (3) 40/40 – Health Services Systems Analyst II (LBVC) at salary level ZB5-1784 ($6,771 - $9,074); • One (1) 40/40 - Network Analyst II (LBTA) at salary level ZA5-1787 ($6,791 - $8,255) And cancel the following represented position in the Health Services Department: • One (1) 40/40 Position #7153 Information Systems Assistant II (LTVH) at salary level 3RA-1005 ($3,131 - $3,806). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Shelanda Adams, 925-957-5263 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: C. 30 To:Board of Supervisors From:William Walker, M.D., Health Services Date:February 7, 2017 Contra Costa County Subject:Add and cancel positions in the Health Services Department February 7, 2017 Contra Costa County Board of Supervisors Minutes 1039 FISCAL IMPACT: Upon approval, this action has an annual cost of $1,209,323 with estimated pension costs of $268,930. The cost will be entirely offset with 100% Hospital Enterprise Fund I. BACKGROUND: The Health Services Information Technology (IT) unit is expanding the use of the Epic Electronic Health Record (EHR) network into the Behavioral Health Services (BHS) network. The IT unit is also implementing a project to replace the Echo PSP system with the Echo ShareCare system. Previously five CCHS Contra Costa Health Services (CCHS) Information Technology IT staff supported the Behavioral Health Services BHS Echo PSP/InSyst billing application. When the decision was made to expand the use of the Epic electronic health record EHR into the BHS networks, three System Analyst positions were involved with managing the billing system and providing end user training for the PSP/InSyst. The System Analysts were also responsible for the implementation piece of the expansion project, while two Health Services Information Systems Programmer/Analysts were moved to the expansion Development Group. The expansion of the EHR and BHS networks also facilitated the need for two additional Health Services Information Technology Manager positions to manage the Information Technology Training Group. The scope of responsibilities for the IT unit has grown from merely focusing on the training of ccLink applications installed in July 2012, to focusing on all information technology clinical applications, thereby increasing the number and complexity of the applications being taught. Additionally, now more staff is now needed to accommodate the increasing training requirements to where the scope of responsibility is more aligned with that of other Information Technology programs. Currently four contract staff members have been hired to provide additional support and to assist with the expansions increased reporting responsibilities. Due to the expansion of the EHR and BHS networks the (IT) unit is requesting to add seven (7) positions to include one (1) Health Services Programmer/Analyst (LBTC) to perform reporting responsibilities for the ShareCare system as well as serve as backup for the current BHS reporting analyst; two Health Services Information Technology Managers (LBFA) to ensure the effective management and operation of the system and those patient bills are generated; three (3) Health Services Systems Analyst II, (LBTE) to perform system analysis, training and support functions and one (1) Network Analyst II (LBTA) to perform system analysis and support functions. The Department is canceling vacant Information Systems Assistant ll position #7153 as it is no longer meeting the operational needs of the expanded ccLink health information systems. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Health Services Information Technology will not have adequate staffing to meet the demand and volume of patient care information for those we serve. CHILDREN'S IMPACT STATEMENT: AGENDA ATTACHMENTS P300 No. 22024 HSD P300 No. 22024 Attachment 1 MINUTES ATTACHMENTS Signed P300 22024 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1040 POSITION ADJUSTMENT REQUEST NO. 22024 DATE 1/11/2017 Department No./ Department HEALTH SERVICES Budget Unit No. 0540 Org No. 6555 Agency No. A18 Action Requested: Add and cancel various positions in the Health Services Department, as specified in Attachment 1. Proposed Effective Date: 2/8/2017 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost $1,209,322.56 Net County Cost $0.00 Total this FY $503,884.40 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% Hospital Enterprise Fund I Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Shelanda Adams ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Enid Mendoza 1/27/2017 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE Exempt from Human Resources review under delegated authority. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 1/27/2017 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Enid Mendoza Other: Approve as recommended by the department. ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1041 REQUEST FOR PROJECT POSITIONS Department Date 1/27/2017 No. 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year-to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY February 7, 2017 Contra Costa County Board of Supervisors Minutes 1042 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1043 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1044 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1045 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1046 POSITION ADJUSTMENT RESOLUTION NO. 22024 ATTACHMENT 1 ADD THE FOLLOWING SEVEN (7) POSITIONS: • One (1) 40/40 – Health Services Information Systems Programmer/Analyst (LBTC) at salary level ZB5-1787 ($6,791-$9,101); • Two (2) 40/40 – Health Services Information Technology Manager (LBFA) at salary level 3RX- 1236 ($9,195 - $11,177); • Three (3) 40/40 – Health Services Systems Analyst Il (LBVC) at salary level ZB5-1784 ($6,771 - $9,074); • One (1) 40/40 - Network Analyst II (LBTA) at salary level ZA5-1787 ($6,791 - $8,255); AND CANCEL THE FOLLOWING POSITION IN THE HEALTH SERVICES DEPARTMENT: • Position #7153 – Information Systems Assistant ll (LTVH) at salary level 3RA-1005 ($3,131 - $3,806). February 7, 2017 Contra Costa County Board of Supervisors Minutes 1047 RECOMMENDATION(S): ACKNOWLEDGE the results of the decertification election of the Property Appraisers Unit to be unrepresented and no longer be represented by AFSCME Local 512, as recommended by the Employee Relations Officer. FISCAL IMPACT: No fiscal impact. BACKGROUND: In October, 2016, employees in Property Appraisers Unit of AFSCME, Local 512 submitted a decertification petition to the Labor Relations Department requesting to decertify from AFSCME, Local 512. Signatures were verified and the Labor Relations Department requested California State Mediation and Conciliation Service (SMCS) to serve as a neutral party to conduct the election in accordance with Sections 34-12.012(c) and 34-12.018 of the Employer-Employee Relations Resolution (EERR). On January 24, 2017, an election and vote count was conducted by SMCS to determine which organization would represent the Property Appraisers Unit. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lisa Driscoll, County Finance Director 925-335-10123 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: Dianne Dinsmore, Human Resources Director, Robert Campbell, County Auditor-Controller C. 31 To:Board of Supervisors From:David Twa, County Administrator Date:February 7, 2017 Contra Costa County Subject:Decertification Election Results (Property Appraisers Unit of AFSCME, Local 512) February 7, 2017 Contra Costa County Board of Supervisors Minutes 1048 BACKGROUND: (CONT'D) > The following are the results of the election: AFSCME, Local 512: 1 vote No Organization: 25 votes Total Ballots Cast: 26 Total Eligible Employees in the Property Appraisers Unit: 36 SMCS certified the election results. More than fifty percent (50%) of eligible employees in the Property Appraisers Unit cast ballots in the election and a majority of the votes cast selected to be represented by No Organization. The Management, Exempt, and Unrepresented Employees’ Benefits and Other Compensation Resolution, salary resolutions and other relevant documents will be updated to incorporate the classifications from the Property Appraisers Unit as appropriate for future consideration of the Board. CONSEQUENCE OF NEGATIVE ACTION: The election results will not be formally acknowledged. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1049 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 22016 to reclassify one (1) Child Nutrition Division Nutritionist-Project (9JS2) (unrepresented) position #14151 and incumbent at salary plan and grade D85 1447 ($4,852 - $ 5,898) (unrepresented) to Comprehensive Services Manager-Project (9MS3) (unrepresented) and allocate at salary plan and grade C85 1454 ($4,886 - $5,939) in the Employment and Human Services Department, Community Services Bureau. FISCAL IMPACT: Upon approval, this action will result in an annual personnel cost increase of $861.00 and $169.00 annual retirement cost increase. (50% Federal, 50% State) BACKGROUND: Human Resources conducted a review of the Child Nutrition Division Nutritionist- Project job responsibilities and duties, as well as the organizational reporting structure, and other managerial classes within Community Services Bureau. Based on the review, Human Resources APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Reni Radeva (925) 681-6321 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: Reni Radeva C. 29 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:February 7, 2017 Contra Costa County Subject:Reclassify one (1) Child Nutrition Division Nutritionist-Project to Comprehensive Services Manager Project in Employment and Human Services Department February 7, 2017 Contra Costa County Board of Supervisors Minutes 1050 BACKGROUND: (CONT'D) concluded that the level of responsibility and the preponderance of assigned duties were not within the Child Nutrition-Division Nutritionist classification, but that of the Comprehensive Services Manager classification; therefore the current position and incumbent are not properly classified. The study noted that the Child Nutrition-Division Nutritionist responsibilities for the nutrition program area have evolved over the years. The Child Nutrition-Division Nutritionist’s primary responsibilities are to oversee and manage the Child Nutrition Food program services, and serve as the nutrition content area specialist. The Child Nutrition Food program provides services to federal and state program eligible families and their children 0-5 years of age in child care programs. Additional duties include supervising and providing direction to nutrition and clerical staff, as well as providing support to the Child Nutrition Food Operations Supervisor-Project. Human Resources recommends the current Child Nutrition-Division Nutritionist position and its incumbent be reclassified to the Comprehensive Services Manager - Project classification for the following reasons: Community Services Bureau content area specialists for health, mental health, disabilities, nutrition, education, parent involvement, and social services are classified as Comprehensive Services Managers, and the Child Nutrition-Division Nutritionist is performing duties consistent with the duties and level of responsibly found within the Comprehensive Services Manager-Project classification. CONSEQUENCE OF NEGATIVE ACTION: Should the Board of Supervisors elect not to approve the request for reclassification, the incumbent will not be classified or compensated appropriately. CHILDREN'S IMPACT STATEMENT: Community Services Bureau supports all five outcomes established by the Children's Report Card: (1) Children Ready for and Succeeding in School; (2) Children and Youth Healthy and Preparing for Productive Adulthood; (3) Families that are Economically Self Sufficient; (4) Families that are Safe, Stable and Nurturing; and (5) Communities that are Safe and Provide a High Quality of Life for Children and Families. The requested action will better support all five outcomes. AGENDA ATTACHMENTS P300 No. 22016 EHSD MINUTES ATTACHMENTS Signed P300 22016 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1051 POSITION ADJUSTMENT REQUEST NO. 22016 DATE 12/19/2016 Department No./ Department EHSD/CSB Budget Unit No. 0588 Org No. 1462 Agency No. 019 Action Requested: Reclassify one (1) Child Nutrition Division Nutritionist-Project (9JS2) position #14151 and incumbent at a salary plan and grade D85 1447 ($4, 852 - $5,898) (not represented) to Comprehensive Services Manager-Project (9MS3) (not represented) at a salary plan and grade D85 1454 ($4,886 - $5,939) in the Employment and Human Services Department, CSB, effective January 1, 2017. Proposed Effective Date: 2/1/2017 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost $861.00 Net County Cost $0.00 Total this FY $430.00 N.C.C. this FY 0 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 50 % Federal & 50% State funding Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Reni Radeva ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Kevin J. Corrigan 1/5/2017 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 1/13/2017 Reclassify Child Nutrition Division Nutritionist-Project (9JS2) (unrepresented) position #14151 and incumbent at a salary plan and grade D85 1447 ($4,852 - $ 5,898) (unrepresented) to Comprehensive Services Manager-Project (9MS3) (unrepresented) and allocate on salary plan and grade C85 1454 ($4,886 - $5,939) in the Employment and Human Services Department/Community Services Bureau. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. 2/8/2017(Date) OPARRA 1/13/2017 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 1/27/2016 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Enid Mendoza Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1052 REQUEST FOR PROJECT POSITIONS Department Date 1/27/2017 No. xxxxxx 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year-to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY February 7, 2017 Contra Costa County Board of Supervisors Minutes 1053 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1054 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1055 RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a sub-sublease with Concord Jet Service Incorporated, in an amount not to exceed $350,000 to provide aircraft hangar, office space and helicopter fuel for the period of May 1, 2017 through April 30, 2019. FISCAL IMPACT: 100% General Fund. Budgeted. BACKGROUND: Concord Jet Service Incorporated will provide aircraft hangar space at Buchanan Field Airport for the Sheriff's helicopters and office space for staff. Sheriff's Office will pay contractor for hangar rental space $1,500 per month and not to exceed $18,000 annually. For office space, the Sheriff's Office will pay the contractor $2,100 per month with utilities included, and not to exceed $25,200 annually. The sub-sublease allows for the purchase of helicopter fuel. CONSEQUENCE OF NEGATIVE ACTION: The sub-lease will not be approved resulting in no hangar or office spaces for the Sheriff's Helicopter Unit. CHILDREN'S IMPACT STATEMENT: No impact. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sandra Brown, 925-335-1553 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 32 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:February 7, 2017 Contra Costa County Subject:Concord Jet Service, Inc. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1056 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment & Human Services Director, or designee, to execute a contract amendment with California Department of Community Services and Development, effective December 30, 2016, to change the end of the term from December 31, 2016 to May 15, 2017. FISCAL IMPACT: 100% State funding California Department of Community Services and Development Pension costs: $54,439 County match: $0 State: 15K-6003 / Amend 4 CCC: 39-805-10b BACKGROUND: Contra Costa County has received funding from the State Department of Community Services and Development for 20 years wherein the county provides energy bill assistance payments and weatherization services to county residents APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: CSB, 925-681-6381 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: Nelly Ige, Sam Mendoza, Sung Kim C. 36 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Date:February 7, 2017 Contra Costa County Subject:2015 - 2017 Low Income Weatherization Program services funding, amendment #4 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1057 BACKGROUND: (CONT'D) who are income-eligible to receive said services. The funding sources include Low Income Home Energy Assistance Program (LIHEAP), the Energy Crisis Intervention Program (ECIP), and the Department of Energy (DOE). The County receives the money via the Employment & Human Services Department (EHSD). EHSD, in turn, partners with the county Department of Conservation and Development to provide energy saving home improvements to low-income families throughout unincorporated Contra Costa County, as well as the County’s nineteen cities. The energy savings measures may provide homes with hot water heaters, furnaces, refrigerators, microwaves, doors, windows, fluorescent light bulbs, weather stripping, ceiling fans, and attic insulation. Homes receive a blower door test (a diagnostic tool to locate and correct air infiltration), and homes with gas appliances receive a combustion appliance safety test that checks for carbon monoxide gas leakage. Homes with gas appliances are provided with a carbon monoxide alarm. The program uses income based eligibility. The income levels are based on the Federal Fiscal Year 2014 Poverty Guidelines. Once eligibility is determined, clients with no hot water, no heat, or are in danger of having their power shut off are served as emergencies. Service is then based on clients with the lowest income, highest energy burden and families with at least one resident who is considered vulnerable population. The Board approved receipt of funding on February 3, 2015 (c.28). The Board approved receipt of additional funding on July 7, 2015 (c.73). The board approved a second amendment to this contract on April 19, 2016 (c.26) to extend the term of the contract by one month. The board approved a third amendment on July 19, 2016 (c.39) to change the term end date from June 30, 2016 to December 31, 2016 and to reduce the payment limit due to the State Department of Community Services and Development reallocating monies from Senate Bill 535 proceeds. This board order is to extend the term to May 15, 2017 to allow the agency enough time to fully implement the program and expend the funds. The amendment also incorporates Solar Water Heater replacements as an allowable activity. CONSEQUENCE OF NEGATIVE ACTION: If not approved, County may not receive funding to operate the weatherization program. CHILDREN'S IMPACT STATEMENT: The Employment & Human Services Department, Community Services Bureau energy program supports one Contra Costa County community outcome - Outcome #4: "Families that are Safe, Stable and Nurturing." This outcome is supported by the provision of home energy assistance to keep households warm in winter and to increase household energy efficiency. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1058 RECOMMENDATION(S): Approve and authorize the Health Services Director or his designee, to execute on behalf of the County, Agreement #28-365 for the period of April 1, 2017 through June 30, 2017 and Agreement #28-365-1 for the period of July 1, 2017 through June 30, 2018 with the California Department of Health Care Services (DHCS), for the Medi-Cal County Inmate Program (MCIP). FISCAL IMPACT: (A) The County will be responsible for reimbursing DHCS an amount not to exceed $50,000 for the nonfederal share of DHCS’ administrative costs associated with administering MCIP pursuant to Welfare and Institutions Code section(s) 14053.7(j) and 14053.8(h) and Government Code sections 26605.6(c)(1)(B)(ii) and 26605.7 (e)(B)(ii). (B) The County will be eligible for reimbursement for inpatient services provided to County inmates at the Medi-Cal Fee-for-Service rate (Federal Participation amount only). Net potential revenue from both agreements is estimated to be $750,000. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patrick Godley, 925-957-5405 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: Tasha Scott, Shannan Moulton C. 35 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Agreement #28-365 and #28-365-1 from the California Department of Health Care Services February 7, 2017 Contra Costa County Board of Supervisors Minutes 1059 BACKGROUND: The Medi-Cal County Inmate Program (MCIP) is a fee-for-service program that authorizes reimbursement for inpatient health care services provided by the County to Medi-Cal eligible County inmates in the Detention Facilities. The purpose of this agreement is to set forth the terms by which the County must abide in order to participate in the MCIP. Approval of Agreement #28-365 and Agreement #28-365-1 will allow the County to participate in the MCIP through June 30, 2018. These agreements include agreeing to indemnify and hold harmless the State for any and all claims arising out of performance under these agreements. CONSEQUENCE OF NEGATIVE ACTION: If these agreements are not approved, the County will not be reimbursed by the State for inpatient health services it provides to Medi-Cal eligible County inmates. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1060 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Agreement #28-893 (State #16-10846) with the California Department of Public Health, Office of AIDS, to pay County an amount not to exceed $97,700 for the County’s Public Health HIV Care Program, for the period from November 30, 2016 through September 29, 2018. FISCAL IMPACT: Approval of this agreement will result in an amount not to exceed $97,700 of funding for the California Department of Public Health. (No County match) BACKGROUND: The goals of the HIV Care Program are: 1) to minimize new HIV infections; and 2) to maximize the number of people with HIV infection, who can access appropriate care, treatment, support and prevention services. Under Standard Agreement #28-893, this funding will allow to the County to provide residents of Contra Costa County HIV Care Program services, for the period from November 30, 2016 through September 29, 2018. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dan Peddycord, 925-313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: D Morgan, M WILHELM C. 38 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Agreement #28-893 with the California Department of Public Health, Office of AIDS February 7, 2017 Contra Costa County Board of Supervisors Minutes 1061 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County will not receive funding for the HIV Care Program. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1062 RECOMMENDATION(S): Approve and authorize the Health Services Director or his designee, to accept, on behalf of the County, Agreement #29-684 from University of California, San Francisco (UCSF), an educational institution, to pay the County an amount not to exceed $12,780 for the Comparison of 3 Modes of Genetic Counseling in High-Risk Public Hospital Patients Research Project at Contra Costa Regional Medical Center and Health Centers (CCRMC), for the period from January 1, 2017 through March 31, 2017. FISCAL IMPACT: Approval of this Agreement will result in an amount payable to the County not to exceed $12,780 to fund Comparison of 3 Modes of Genetic Counseling in High-Risk Public Hospital Patients Research Project. (No County funds required) BACKGROUND: Under Agreement #29-684 the County will work in collaboration with UCSF for the Comparison of 3 Modes of Genetic Counseling in High-Risk Public Hospital Patients Research Project at CCRMC, for the period from January 1, 2017 through March 31, 2017. CONSEQUENCE OF NEGATIVE ACTION: If the County does not accept the agreement from UCSF, patients will not receive the Comparison of 3 Modes of Genetic Counseling in High-Risk Public Hospital Patients Research Project program in Contra Costa County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Samir Shah, M.D., 925-370-5525 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: K Cyr, M Wilhelm C. 33 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Agreement #29-684 from University of California, San Francisco February 7, 2017 Contra Costa County Board of Supervisors Minutes 1063 RECOMMENDATION(S): ADOPT Resolution 2017/39 authorizing the Sheriff-Coroner, or designee, to apply for and accept the 2016 Paul Coverdell Forensic Services Improvement Grant, with the Governor's Office of Emergency Services, as fiscal agent, in an initial amount of $28,145 for support of forensic training for the period beginning October 1, 2016 through the end of the grant period. FISCAL IMPACT: $28,145, 100% Federal; No County match required (CFDA #16.742) BACKGROUND: The purpose of the Paul Coverdell Forensic Services Improvement Grant Program is to improve the quality and timeliness of forensic science services over current operations. The non-competitive funds are available for distribution during the period beginning October 1, 2016, through the end of the grant period. The Office of the Sheriff's Forensic Services Division is an American Society of Crime Laboratory Directors-Laboratory Accreditation Board (ASCLD-LAB) accredited laboratory that has on-going training requirements to fulfill the accreditation criteria. Training also increases staff's ability to produce casework and add new technology geared towards improving efficiency of examination and analysis. This grant proves funding for the forensic staff to attend a variety of work-related training courses throughout the year. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sandra Brown 925-335-1553 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: C. 37 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:February 7, 2017 Contra Costa County Subject:FY 2016 Coverdell Forensic Science Improvement Grants Program February 7, 2017 Contra Costa County Board of Supervisors Minutes 1064 CONSEQUENCE OF NEGATIVE ACTION: The County will not receive grant funding for training necessary to retain ASCLD accreditation. CHILDREN'S IMPACT STATEMENT: None. AGENDA ATTACHMENTS Resolution No. 2017/39 MINUTES ATTACHMENTS Signed Resoluton 2017-39 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1065 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/07/2017 by the following vote: AYE: John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2017/39 IN THE MATTER OF: Applying for and accepting the FY 2016 Coverdell Forensic Science Improvement Grants Program. WHEREAS, the County of Contra Costa is seeking funds available through the U.S. Department of Justice for the FY 2016 Coverdell Forensic Science Improvement Grants Program; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors: Authorizes the Sheriff-Coroner, Undersheriff or the Sheriff's Chief of Management Services, to execute for and on the behalf of the County of Contra Costa, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining Federal assistance related to the FY 2016 Coverdell Forensic Science Improvement Grants Program;provided by the U.S. Department of Justice. Contact: Sandra Brown 925-335-1553 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: 5 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1066 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1067 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply for and accept grant funding in an amount not to exceed $238,016 from the National Asian Pacific Center on Aging for the Senior Community Service Employment Program for the period February 1, through June 30, 2017. FISCAL IMPACT: County to receive an amount not to exceed $238,016. (100% Federal) (10% County General Fund match) BACKGROUND: The National Asian Pacific Center grant funding is designed to administer the Senior Community Service Employment Program for seniors 55+ who are veterans, disabled, homeless or at risk of homelessness, low literacy or low English proficiency, including a training program with 46 slots to ultimately allow seniors to reenter the workforce in unsubsidized positions. The grant was awarded with the potential for annual renewal up to three years. CONSEQUENCE OF NEGATIVE ACTION: Without funding, programs designed to provide senior community service employment services could not be implemented. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Elaine Burres, 313-1717 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: C. 34 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:February 7, 2017 Contra Costa County Subject:National Asian Pacific Center on Aging grant funding February 7, 2017 Contra Costa County Board of Supervisors Minutes 1068 CHILDREN'S IMPACT STATEMENT: Not applicable. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1069 RECOMMENDATION(S): APPROVE and AUTHORIZE the Chief Information Officer, or designee, to execute a contract amendment, effective February 7, 2017, with Mohammed A. Gaffar (dba Sierra Consulting), to increase the payment limit by $50,000 to a new payment limit of $150,000 with no change in the term of September 1, 2015 through August 31, 2017, to provide continuing consulting and programming support services. FISCAL IMPACT: The entire cost is recovered from the user departments through DoIT's billing process. BACKGROUND: CalWIN has added a major new requirement that the PCL Print Stream format is changing to PDF Print Stream format. This contract is used to provide testing, analyzing, and troubleshooting of a number of Client Correspondence HP Exstream conversion issues. In accordance with Administrative Bulletin 605, service contracts exceeding $100,000 require the approval of the Board of Supervisors. CONSEQUENCE OF NEGATIVE ACTION: If the requested action is not approved, the user department will be without the support necessary to keep any CalWIN consortium client correspondence in production. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Ed Woo (925) 383-2688 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: C. 47 To:Board of Supervisors From:Ed Woo, Chief Information Officer Date:February 7, 2017 Contra Costa County Subject:Amend Contract with Mohammed A. Gaffar (dba Sierra Consulting) for Consulting and Programming Support February 7, 2017 Contra Costa County Board of Supervisors Minutes 1070 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract Amendment Agreement #24-773-23 with Milhous Children’s Services, Inc., a non-profit corporation, effective January 1, 2017, to amend Contract #24-773-22 to recognize the name change of the corporation from Milhous Children’s Services, Inc., to Mountain Valley Child and Family Services, Inc., with no change in the contract payment limit of $839,450 or the term of July 1, 2016 through June 30, 2017. FISCAL IMPACT: This amendment is funded 50% Federal Financial Participation; 50% Mental Health Realignment. (No rate increase) BACKGROUND: On September 13, 2016, the Board of Supervisors approved Contract #24-773-22 with Milhous Children’s Services, Inc., for the provision of day treatment programs, Therapeutic Behavioral Services (TBS), and mental health services for Seriously Emotionally Disturbed (SED) adolescents and latency-age children, for the period from July 1, 2016 through June 30, 2017. Approval of Contract Amendment Agreement #24-773-23 will allow the Contractor to continue to provide services under Mountain Valley Child and Family Services, Inc., through June 30, 2017. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: K Cyr, M Wilhelm C. 62 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Amendment #24-773-23 with Milhous Children’s Services, Inc. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1071 CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor’s name will not be updated on the current contract. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1072 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract Amendment Agreement #26-967-18 with Thomas J. McDonald, M.D., a self-employed individual, effective January 1, 2017, to amend Contract #26-967-16, (as amended by Contract Amendment Agreement #26-967-17) to increase the payment limit by $297,000, from $1,425,000 to a new payment limit of $1,722,000, with no change in the original term of June 1, 2014 through May 31, 2017. FISCAL IMPACT: This amendment is funded 100% by Hospital Enterprise Fund I. Cost to the County depends upon utilization. As appropriate, patients and/or third party payors will be billed for services. (No rate increase) BACKGROUND: On July 8, 2014, the Board of Supervisors approved Contract #26-967-16 (as amended by Contract Amendment Agreement #26-967-17) with Thomas J. McDonald, M.D., for the provision of ophthalmology services, for the period from June 1, 2014 through May 31, 2017. Approval of Contract Amendment Agreement #26-967-18 will allow the Contractor to provide additional clinics through May 31, 2017. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Samir Shah, M. D. 3925-70-5525 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: D Morgan, M Wilhelm C. 55 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Amendment #26-967-18 with Thomas J. McDonald, M.D. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1073 CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not be able to provide additional ophthalmology services provided at Contra Costa Regional Medical Center. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1074 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract Amendment Agreement #27-791-6 with Verisk Health, Inc. to amend Contract #27-791-5 to recognize the name change of the corporation from Verisk Health, Inc., to Verscend Technologies, Inc., with no change in the payment limit of $305,000, and no change in the term of November 1, 2015 through October 31, 2018. FISCAL IMPACT: This Contract is funded 100% Contra Costa Health Plan Enterprise Fund II. (No rate increase) BACKGROUND: On December 15, 2015, the Board of Supervisors approved Contract #27-791-5 with Verisk Health, Inc., for the provision of consulting and technical assistance for data analysis services for Healthcare Effectiveness Data and Information Set (HEDIS) projects and annual reports for the period from November 1, 2015 through October 31, 2018. Approval of Contract Amendment Agreement #27-791-7 will allow the Contractor to continue to provide consulting and technical assistance for data analysis services for Healthcare Effectiveness Data and Information Set (HEDIS) projects under Verscend Technologies, Inc., through October 31, 2018. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: K Cyr, M Wilhelm C. 88 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Amendment #27-791-6 with Verisk Health, Inc. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1075 CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor’s name will not be updated on the current contract. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1076 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract Amendment Agreement #74-399-7 with Contra Costa Interfaith Transitional Housing, Inc., a non-profit corporation, effective January 1, 2017, to amend Novation Contract #74-399-6, to increase the payment limit by $56,583, from $150,380 to a new payment limit of $206,963, with no change in the original term of July 1, 2016 through June 30, 2017, and to increase the automatic extension payment limit by $28,291, from $75,190 to a new payment limit of $103,481, through December 31, 2017. FISCAL IMPACT: This amendment is funded 50% Federal Financial Participation; 50% Mental Health Realignment (No rate increase) BACKGROUND: On June 21, 2016, the Board of Supervisors approved Novation Contract #74-399-6 with Contra Costa Interfaith Transitional Housing, Inc. for the provision of community-based mental health services for Seriously Emotionally Disturbed (SED) youth, for the period from July 1, 2016 through June 30, 2017, which included a six-month automatic extension through December 31, 2017. Approval of Contract Amendment Agreement #74-399-7 will allow the Contractor to provide additional community-based mental health services for SED youth through June 30, 2017. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: D Morgan, M Wilhelm C. 59 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Amendment #74-399-7 with Contra Costa Interfaith Transitional Housing, Inc. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1077 CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not be able to provide services to additional students in need of community-based mental health treatment. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1078 RECOMMENDATION(S): APPROVE AND AUTHORIZE the County Counsel, or designee, to execute, on behalf of the County, a contract with Baker & O'Brien, Inc., in an amount not to exceed $700,000 to provide refining industry analyses in connection with refinery property tax appeals, for the period from January 1, 2017 through December 31, 2017. FISCAL IMPACT: The cost of this contract is paid through property tax administration fees, approximately half of which come from the general fund. BACKGROUND: Baker and O'Brien, Inc. is a consultant for refinery industry analyses, and provides the County with specialized consulting services with respect to the refining industry and refineries in defending actual and anticipated assessment appeals, which challenge the valuations of the taxable property of refineries in Contra Costa County. These appeals typically place several billion dollars of valuation in issue. Assistance is required because valuations of refineries are highly technical, requiring specialized knowledge that only industry experts have. The Assessor concurs with and supports this recommendation. CONSEQUENCE OF NEGATIVE ACTION: If the contract is not approved, there is a greatly increased possibility of very significant but presently unquantifiable impacts due to adverse decisions by the Assessment Appeals Board on large refinery valuation disputes. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Rebecca J. Hooley, Deputy County Counsel, 925 335-1854 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: Robert Campbell, County Auditor-Controller C. 40 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:February 7, 2017 Contra Costa County Subject:APPROVAL OF CONTRACT FOR PROFESSIONAL SERVICES February 7, 2017 Contra Costa County Board of Supervisors Minutes 1079 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Public Works Director, a blanket purchase order with G&K Services, in an amount not to exceed $450,000, for the period of February 1, 2017 through January 31, 2020, for as-needed garment rental and laundry services, Countywide. FISCAL IMPACT: 100% General Fund. BACKGROUND: G&K Services provides garment rental and laundry services for Contra Costa County departments, and has offered the County a 2% discount across the board. G&K Services is the single provider selected to standardize the products offered and the services provided to the County. Products include uniforms, towels, linen and select cleaning supplies. Pricing is fixed throughout the term to allow departments to accurately budget expenses. G&K Services is a local business enterprise. CONSEQUENCE OF NEGATIVE ACTION: If the blanket purchase order is not approved, costs for uniforms and towels will increase. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: David Gould, (925) 313-2151 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: C. 66 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 7, 2017 Contra Costa County Subject:Approve a Blanket Purchase Order with G&K Services February 7, 2017 Contra Costa County Board of Supervisors Minutes 1080 RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Child Support Services, or designee, to execute a contract with Laboratory Corporation of America Holding, in an amount of $50,000, for genetic parentage testing services, to include changes to the indemnification for the period of January 1, 2017 through December 31, 2017. FISCAL IMPACT: These services will be fully funded by allocations from the Federal Government at 66% and State of California at 34%. There is no cost to the County. BACKGROUND: The Department of Child Support Services provides on-site genetic testing to clients twice per month through Laboratory Corporation of America Holding. Genetic testing is used to determine biological APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sarah Bunnell 925-313-4433 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: C. 48 To:Board of Supervisors From:Linda Dippel, Child Support Services Director Date:February 7, 2017 Contra Costa County Subject:Approve and Authorize Contract with Laboratory Corporation of America Holding February 7, 2017 Contra Costa County Board of Supervisors Minutes 1081 BACKGROUND: (CONT'D) parentage by comparing the DNA markers of the mother, alleged father, and child. By establishing paternity, the Department of Child Support Services can establish a court order and assist in collecting financial and medical support of children. CONSEQUENCE OF NEGATIVE ACTION: If this action were not approved, it would limit the ability for DCSS to determine paternity and the county would be out of compliance with a state mandate. CHILDREN'S IMPACT STATEMENT: Genetic testing establishes parentage and can affect the amount of support collected for Contra Costa County's children. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1082 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Chief Information Officer, a purchase order with Computerland of Silicon Valley, and a third-party lease agreement with IBM Global Finance, in an amount not to exceed $157,950, for the purchase of network components required to maintain the County's wide area network, for the period of April 1, 2017 through March 31, 2020, Countywide. FISCAL IMPACT: The cost of $157,950 is charged back to user departments through the Department of Information Technology's billing process. (100% Department User Fees) BACKGROUND: The Department of Information Technology is purchasing network components including adapter cards, bridges, connectors expansion modules, hubs, and routers to maintain the County's wide area network. The Purchasing Division has arranged a lease purchase contract with IBM Global Finance. The principal and interest for three annual payments has been budgeted under Org number 1075 for fiscal year 2016/17. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: David Gould, 925-313-2151 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: C. 68 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 7, 2017 Contra Costa County Subject:Authorize a Purchase Order with Computerland of Silicon Valley and a third-party lease agreement with IBM Global Finance February 7, 2017 Contra Costa County Board of Supervisors Minutes 1083 CONSEQUENCE OF NEGATIVE ACTION: Failure to maintain these systems may result in reduced capacity, system failure, and interrupted business and emergency operations. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1084 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Chief Information Officer, purchase orders with SSP Data, Integrated Archive Systems, Inc., Sirius Computer Solutions, Inc., and a third-party lease agreement with IBM Global Finance in an amount not to exceed $894,275, for the purchase of hardware and software required to maintain the County's wide area network, VoIP, and regional communication systems, for the period of April 1, 2017 through March 31, 2022, Countywide. FISCAL IMPACT: The cost of $894,275 is charged back to user departments through the Department of Information Technology's billing process. (100% Department User Fees) BACKGROUND: The Department of Information Technology is purchasing equipment and software to maintain the County's wide area network, security, and tape backup systems. The Purchasing Division has arranged a lease purchase contract with IBM Global Finance. The principal and interest for five annual payments has been budgeted under Org numbers 1060, 1055, and 1075 for fiscal year 2016/17. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: David Gould, 925-313-2151 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: C. 67 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:February 7, 2017 Contra Costa County Subject:Authorize Purchase Orders with various companies and a third-party lease agreement with IBM Global Finance February 7, 2017 Contra Costa County Board of Supervisors Minutes 1085 CONSEQUENCE OF NEGATIVE ACTION: Failure to maintain these systems may result in reduced capacity, system failure, and interrupted business and emergency operations. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1086 RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a software and licensing agreement with LexisNexis Risk Solutions Incorporated to support the Bair Analytics-ATACRAIDS & ATAC Workstations in an initial term of February 1, 2017 through January 31, 2018 in amount of $ 85,000 for workstations and yearly maintenance and licensing fees that continues until such agreement is cancelled by either party. FISCAL IMPACT: 100% County Budget. BACKGROUND: Accurint Crime Analysis Workstation is a state of the art desktop application that provides advanced crime pattern, series and trend analysis, predictive analytics, crime mapping and advanced reporting for crime and intelligence analysis. The Workstation application will assist our Crime & Intelligence Analysts in pattern identification, data mining, analysis and prediction of serial events. The workstation combines global searches, custom filters, and other advanced data mining technologies to identify crime series and patterns in any data. These results are then analyzed quickly and easily using a variety of statistical, spatial and temporal tools that help forecast APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sandra Brown 925-335-1553 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: C. 39 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:February 7, 2017 Contra Costa County Subject:Bair Analytics -ATACRAIDS & ATAC Workstation February 7, 2017 Contra Costa County Board of Supervisors Minutes 1087 BACKGROUND: (CONT'D) where and when crimes will occur. In short, the Workstation will enable our Analysts to complete complex analyses in a matter of minutes, as opposed to the hours and days currently required. ATACRAIDS is designed for the non-technical end-user, which consist of both command staff and our Deputies in the field. ATACRAIDS offers an easy-to-use, secure online dashboard that enables staff to run basic reports and analytics from either their PC or their vehicle’s mobile computer terminal. This will provide our deputies in the field with access to real time analytical products, allowing them to act immediately to identified threats, trends and predictions. Lastly, this purchase will include the LexisNexis® Community Crime Map. The Community Crime Map is a public crime map that allows law enforcement to share selected crime data with the public. This application, which is free to the public, includes basic mapping, dashboards and analytics. Community Crime Map goes beyond crime mapping by automatically alerting the public about recent crime activity and by improving communication between the public and law enforcement through anonymous tips. Providing crime mapping and tips to the community helps law enforcement keep the public aware of crime and it builds trust with residents, business owners and visitors. It also improves communication between the public and law enforcement. In addition to performing more comprehensive searches, the Workstation is able to expertly predict the times and locations of crimes in an identified series with greater accuracy. The Workstation completes this task automatically using a variety of methods, each of which allows for the quick and easy interpretation by a trained Analyst. The Analyst is then able to quickly generate a number of charts and maps designed to be easily understood by the end user. Its many capabilities make the Workstation a powerful tool to assist patrol personnel, optimizing their time and resources. ATACRAIDS is designed for the non-technical end-user, which consist of both command staff and our Deputies in the field. ATACRAIDS offers an easy-to-use, secure online dashboard that enables staff to run basic reports and analytics from either their PC or their vehicle’s mobile computer terminal. This will provide our deputies in the field with access to real time analytical products, allowing them to act immediately to identified threats, trends and predictions. CONSEQUENCE OF NEGATIVE ACTION: Should this request be denied, this will result in continued delays in identifying crime trends, slower case closure, and increased time suspects are allowed to act negatively within our community. Overall, a negative decision would put the public at greater risk than in necessary given current technology. CHILDREN'S IMPACT STATEMENT: None. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1088 RECOMMENDATION(S): Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute a Purchase Order with Baxter Healthcare Corp., in an amount not to exceed $160,000, for the purchase of intravenous (IV) and pharmaceutical drugs and supplies to be used at the Contra Costa Regional Medical Center and Health Centers, for the period from January 1, 2017 through December 31, 2017. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I Budget. BACKGROUND: Baxter Healthcare Corp. is a pharmaceutical company that provides the Contra Costa Regional Medical Center and Health Centers with medications and pharmaceutical products unavailable through the contracted wholesaler Cardinal. CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, we will not be able to take care of our patient population at the Contra Costa Regional Medical Center and Health Centers. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: T Scott, Marcy Wilhelm, Crystal Grayson C. 72 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Baxter Healthcare Corp. Blanket Purchase Order February 7, 2017 Contra Costa County Board of Supervisors Minutes 1089 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County as follows: 1. Cancellation Agreement #26 777-2 with Stephen B. Arnold, M.D., an individual, effective on the close of business on February 28, 2017; and 2. Contract #26-777-3 with Stephen B. Arnold, M.D., an individual, in an amount not to exceed $1,475,000, to provide cardiology services at Contra Costa Regional Medical Center and Contra Costa Health Centers (CCRMC), for the period from March 1, 2017 through February 29, 2020. FISCAL IMPACT: This Contract is funded 100% Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On September 16, 2014, the Board of Supervisors approved #26-777 (as amended by Amendment Agreement #26-777-1) with Stephen B. Arnold, M.D., for the provision of cardiology services including, but not limited to: clinic coverage, inpatient care, reading cardiology studies and on-call services at CCRMC for the period from September 1, 2014 through August 31, 2017. Due to renegotiations of the malpractice coverage, which in the new proposed contract Dr. Arnold will be APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Samir Shah, M.D., 925-370-5525 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: K Cyr, M Wilhelm C. 76 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Cancellation Agreement #26-777-2 and Contract #26-777-3 with Stephen B. Arnold, M.D. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1090 BACKGROUND: (CONT'D) covered under the County's insurance rather than being self insured, the Department and Contractor have agreed to a mutual cancellation of Contract #26-777 (as amended by Amendment Agreement #26-777-1) in accordance with General Conditions, Paragraph 5. (Termination and Cancellation). Approval of Cancellation Agreement #26-777-2 will accomplish this termination. Approval of Contract #26-777-3 will allow the Contractor to continue to provide cardiology services at CCRMC through October February 29, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring cardiology services at CCRMC will not have access to Contractor’s services. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1091 RECOMMENDATION(S): Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute a Purchase Order with Central Ad Mixture Pharmacy Services, Inc., in an amount not to exceed $500,000, for compounding of Total Parenteral Nutrition (TPN) and Peripheral Parenteral Nutrition (PPN) intravenous (IV) solutions, for the period from April 1, 2017 through March 31, 2020. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I Budget. BACKGROUND: The Contra Costa Regional Medical Center Pharmacy Department has been using Central Ad Mixture Pharmacy Services, Inc. (CAPS) for IV services since May 2005. TPN and PPN, as well as certain IV medications are outsourced to CAPS. CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, products such as TPN and PPN, as well as various IV solution compounds needed for treating our patients will be unavailable, causing a potential negative impact to the health of our patients at the CCRMC. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: Tasha Scott, Marcy Wilhelm, Crystal Grayson C. 79 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Central Ad Mixture Pharmacy Services, Inc. Purchase Order February 7, 2017 Contra Costa County Board of Supervisors Minutes 1092 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a Change Order to a Purchase Order with Producers Dairy Products Inc., to increase the payment limit by $25,000 to a new payment limit of $275,000 for the purchase of dairy products as needed for the West County, Martinez and Marsh Creek detention facilities for the period January 1, 2016 through December 31, 2016. FISCAL IMPACT: $25,000. 100% County General Fund; Budgeted in fiscal year 2016/17. BACKGROUND: The vendor is a Public Works Department-selected vendor providing the dairy products and other related products needed by WCDF, MDF and MCDF to support the feeding program requirements of the inmate population. The Office of the Sheriff requested, and the vendor supplied, products that exceeded the amount authorized. Because the vendor supplied the services in good faith at request of the Department, the Department is requesting an increase in the original purchase order to pay the vendor the amount owed. CHILDREN'S IMPACT STATEMENT: No impact. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Liz Arbuckle, 925-335-1529 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: Liz Arbuckle, Heike Anderson, Tim Ewell C. 75 To:Board of Supervisors From:David O. Livingston, Office of the Sheriff Date:February 7, 2017 Contra Costa County Subject:Change Order - Producers Dairy Products, Inc. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1093 RECOMMENDATION(S): APPROVE clarification of Board action of December 20, 2016 (C.51), which authorized the Department of Conservation and Development (DCD) Director, or designee, to execute a contract amendment with Cardno, Inc., to extend the term of Contract #47772 from December 31, 2016 through December 31, 2018 for the completion of the environmental impact report (EIR) for the Shell Martinez Refinery's Greenhouse Gas Reduction Project (County File #LP14-2006), to reflect the correct payment limit of $456,945 instead of $434,521. FISCAL IMPACT: There is no impact to the General Fund. All application, environmental review, and project processing costs and fees are to be paid by the project applicant. BACKGROUND: On December 20, 2016, the Board approved DCD to execute a contract amendment (C.51) with Cardno, Inc to extend the contract term from December 31, 2016 to December 31 2018, with no change to the payment limit, for EIR services related to an application from Shell Oil Products U.S. (Shell) for a Land Use Permit for the Greenhouse Gas Reduction Project (County File #LP14-2006) at its Martinez refinery. However, the December 20, 2016 Board Order incorrectly listed the payment limit at $434,521. The correct payment limit of the Cardno, Inc. contract, as of December 20, 2016, is $456,945, as an earlier contract amendment was approved by the Board on April 26, 2016 (C.27). The intent of this Board Order is to correctly reflect on record the payment limit of this contract, which is $456,945 and not $434,521. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Gary Kupp (925) 674-7799 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: C. 57 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 7, 2017 Contra Costa County Subject:Clarification of Payment Limit for December 20, 2016, Board Order Item #C.51 with Cardno, Inc. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1094 CONSEQUENCE OF NEGATIVE ACTION: If the clarification of payment limit is not approved, the Department will not be able to fulfill the contract payment obligations. CHILDREN'S IMPACT STATEMENT: None. This Board Order is to clarify the terms of a consultant's contract to prepare an environmental impact report and will not affect children’s programs in the County. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1095 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Public Consulting Group, Inc., effective January 1, 2017, to increase the total payment limit by $149,995 to a new payment limit of $225,595 to expand the scope of work to include additional technical assistance, strategic planning, and other related services to support various aspects of publicly funded safety net and employment services in Contra Costa County for the period July 1, 2016 through June 30, 2017. (100% Federal) FISCAL IMPACT: $225,595: 66% Federal Workforce Innovation and Opportunity Act (WIOA) funding and 34% CalWorks Single Allocation BACKGROUND: Contract was awarded through Request for Interest (RFI) #538 for community asset mapping and an environmental scan of Contra Costa County resources. This amendment is to expand the scope of work to include additional technical assistance, strategic planning, and other related services to support various aspects of publicly funded safety net and employment services in Contra Costa County. Under federal regulations of the Workforce Innovation and Opportunity Act of 2014 (WIOA), all Workforce Development Boards are required to prepare both a regional and a local strategic plan for 2017 to 2020. The Workforce Development Board of Contra Costa County (WDBCCC) has been designated the fiscal lead for the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: V. Kaplan, 3-1514 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: C. 43 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:February 7, 2017 Contra Costa County Subject:Contract Amendment for Public Consulting Group, Inc. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1096 state designated Regional Planning Unit (RPU) of the East Bay and as such has received dedicated funds to cover the regional planning portion of this contract work. The East Bay regional planning unit consists of Contra Costa County, the City of Richmond, Alameda County and the City of Oakland and is referred to as EastBay February 7, 2017 Contra Costa County Board of Supervisors Minutes 1097 BACKGROUND: (CONT'D) Works. Both the regional and the local plan shall be informed by required partners and stakeholders and shall include all the components required at the federal level and the state. Public Consulting Group, Inc. has extensive knowledge in workforce development at the national level, in the state of California, and locally, and will be facilitating and developing both the East Bay RPU strategic plan and the Contra Costa County four year local plan. CONSEQUENCE OF NEGATIVE ACTION: EHSD WDB will not receive valuable assistance with facilitating and developing both the East Bay Regional Planning Unit (RPU) strategic plan and the Contra Costa County four year local plan. CHILDREN'S IMPACT STATEMENT: This contract supports all of the community outcomes established in the Children's Report Card: (1) "Children Ready for and Succeeding in School"; (2) "Children and Youth Healthy and Preparing for Productive Adulthood"; (3) "Families that are Economically Self Sufficient"; (4) "Families that are Safe, Stable and Nurturing"; and (5) "Communities that are Safe and Provide a High Quality of Life for Children and Families," by training and providing employment opportunities for job seeker customers. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1098 RECOMMENDATION(S): APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract amendment with Environmental Science Associates (ESA), to extend the term from April 22 through December 31, 2017, and increase the payment limit by $38,995 to a new payment limit of $395,627, to provide continued service to complete the environmental impact report (EIR) for the Saranap Village Mixed-Use Project. FISCAL IMPACT: No impact to the General Fund. All costs associated with preparing the EIR are borne by the project applicant, Hall Equities Group. BACKGROUND: On April 23, 2014, the Department of Conservation and Development contracted with ESA to prepare an EIR for the Saranap Village Mixed-Use Project. The Draft EIR (DEIR) was released for public review and comment on November 17, 2014, and over 200 letters and emails were received. The project applicant revised the plan and a recirculated DEIR was released for public review in May 2016. Several hundred additional comments were received during the second public review period. By law these comments must be addressed in the Final EIR (FEIR) for the project; however, such a large volume of comments was unanticipated and the existing budget for completion of the FEIR is insufficient. Therefore, staff requests approval of a contract amendment to provide sufficient funds to complete the FEIR. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: (925) 674-7791 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: C. 65 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 7, 2017 Contra Costa County Subject:Contract Amendment with ESA for Environmental Services Related to Saranap Village Project February 7, 2017 Contra Costa County Board of Supervisors Minutes 1099 CONSEQUENCE OF NEGATIVE ACTION: If the contract with ESA is not amended, then there will be insufficient funds available to complete the Saranap Village EIR. The project cannot be completed without a complete environmental review. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1100 RECOMMENDATION(S): APPROVE and AUTHORIZE the County Probation Officer, or designee, to execute a contract with Behavioral Interventions Incorporated in the amount of $175,000 to provide electronic monitoring equipment for the period February 1, 2017 through January 31, 2018. FISCAL IMPACT: Funding for electronic monitoring services is included in the Probation Department's annual budget. BACKGROUND: In January 2012 the Purchasing Division of the General Services Department completed a bid process for electronic monitoring equipment on behalf of the Probation Department. The recommended vendor to provide the best combination of price, service and equipment was Behavioral Interventions (B.I.) , Incorporated. The Probation Department has been pleased with the service provided by B.I. and would like to renew the contract for an additional one year period. CONSEQUENCE OF NEGATIVE ACTION: The Probation Department will not have an active contract with a vendor for the electronic monitoring of certain probationers. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Danielle Fokkema, 925-313-4195 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: C. 69 To:Board of Supervisors From:Todd Billeci, County Probation Officer Date:February 7, 2017 Contra Costa County Subject:Contract with Behavioral Interventions (B.I.) Incorporated February 7, 2017 Contra Costa County Board of Supervisors Minutes 1101 CHILDREN'S IMPACT STATEMENT: Not applicable. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1102 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #23-336-10 with Toyon Associates, Inc., a corporation, in an amount of not to exceed $750,000, to provide consultation and technical assistance to the Department with regard to Third Party Social Security Income (SSI) reimbursement recovery and reviews of Medicare ratio of the disproportionate share calculations applicable to Contra Costa Regional Medical Center, for the period from July 1, 2016 through June 30, 2021. FISCAL IMPACT: This Contract is included in the Hospital Enterprise Fund I. This Contract is a contingent fee contract. Contractor will pursue on behalf of Contra Costa Regional Medical Center, Medicare appeals. Contractor will be paid 23% of the Social Security Income percentage and Medicaid Ratio; and 15% of Medicare Prospective Payment System budget neutrality factor. (No rate increases) BACKGROUND: On July 12, 2011, the Board of Supervisors approved Contract #23-336-8 (as amended by Administrative Agreement #23-336-9), with Toyon Associates, Inc., to provide consultation APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Pat Godley, 925-957-5405 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: Tasha Scott, Marcy Wilhelm C. 77 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Contract #23-336-10 with Toyon Associates, Inc. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1103 BACKGROUND: (CONT'D) and technical assistance to the department to conduct reviews of the Medicare ratios to assess the maximum disproportionate share calculations, applicable to the Contra Costa Regional Medical Center (CCRMC) for all cost reporting years. Services provided under this Contract maximize the disproportionate share adjustment to which the CCRMC was entitled. Contractor's services included, but were not limited to, attending meetings, preparing and file reopening of appeal requests, submit findings and make recommendations for submission to the Hospital, for the period from July 1, 2011 through June 30, 2016. Approval of Contract #23-336-10 will allow the Contractor to continue to provide professional consultation and technical assistance, through June 30, 2021. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the Department will not be able to recover reimbursement due to CCRMC from Medicare appeals. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1104 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #23-611 with Artedis Partners, LLC, a limited liability company, in an amount not to exceed $160,000, to provide consultation and technical assistance with regard to the Department’s Information Systems Unit security and compliance with Health Insurance Portability and Accountability Act (HIPAA) for the period from January 1, 2017 through December 31, 2019. FISCAL IMPACT: This Contract is funded 100% Hospital Enterprise Fund I. BACKGROUND: Under Contract #23-611, the Contractor will provide consultation and technical assistance with regard to the Department’s Information Systems Unit security and compliance with HIPAA including meeting Federal, State, Local and Industry Payment Card Industry Data Security Standards (PCI-DSS) assessments and audits, through December 31, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the Department’s Information Systems Unit would be more at risk of not meeting Federal, State, Local and Industry security standards. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: David Runt, 925-313-6228 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: Tasha Scott, Marcy Wilhelm C. 78 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Contract #23-611 with Artedis Partners, LLC February 7, 2017 Contra Costa County Board of Supervisors Minutes 1105 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #24–385–44 with Anka Behavioral Health, Incorporated, a non-profit corporation, in an amount not to exceed $359,232, to provide mental health outreach services for the homeless mentally ill, for the period from January 1, 2017 through June 30, 2017. This Contract includes a six-month automatic extension through December 31, 2017, in an amount not to exceed $359,232. FISCAL IMPACT: This Contract is funded 79% Substance Abuse and Mental Health Services Administration (SAMHSA); 20% by a Project for Assistance in Transition from Homelessness (PATH) Grant; 1% Mental Health Realignment. (No rate increase) BACKGROUND: This Contract meets the social needs of County’s population by providing ongoing operational funding for mental health homeless outreach facility in East County. On January 19, 2016 the Board of Supervisors approved Contract #24-385-40 (as amended by Amendment Agreements #24-385-41, #24-385-42 and #24-385-43) with Anka Behavioral Health, Inc., for the provision of mental health outreach services for the homeless mentally ill, for the period from July 1, 2015 through June 30, 2016, which included a six month automatic extension through December 31, 2016. Approval of Contract #24–385–44 will allow the Contractor to continue providing services through June 30, 2017. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: E Suisala, M Wilhelm C. 84 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Contract #24-385-44 with Anka Behavioral Health, Incorporated February 7, 2017 Contra Costa County Board of Supervisors Minutes 1106 BACKGROUND: (CONT'D) CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County’s homeless mentally-ill adults will experience reduced access to core survival and support services at the multi-service center in East County. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1107 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #24-942-20 with Victor Kogler, an individual, in an amount not to exceed $125,938, to provide consultation, technical assistance and operational support to the Behavioral Health Services Division/Alcohol and Other Drugs Services (AODS), with regard to the Division’s System of Care, for the period from January 1, 2017 through December 31, 2017. FISCAL IMPACT: This Contract is funded 10% Federal Prevention Set-Aside, 60% Federal Substance Abuse Prevention Treatment Discretionary/Realignment, 30% County Realignment Funds. (No rate increase). BACKGROUND: On December 15, 2015, the Board of Supervisors approved Contract #24-942-19 with Victor Kogler for the provision of consultation and technical assistance to the Department with regard to the System of Care including, but not limited to, reviewing and making recommendations with regard to client services and levels of care, collecting and analyzing data for the client APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: D Morgan, M Wilhelm C. 58 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Contract #24-942-20 with Victor Kogler February 7, 2017 Contra Costa County Board of Supervisors Minutes 1108 BACKGROUND: (CONT'D) satisfaction surveys and providing written recommendations to the Behavioral Health Services/AODS Director, for the period from January 1, 2016 through December 31, 2016. Approval of Contract #24-942-20 will allow the Contractor to continue providing services through December 31, 2017. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, Behavioral Health Services Division/AODS will not receive consultation, technical assistance and operational support to the Division’s System of Care from this Contractor. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1109 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #25-076 with Anka Behavioral Health, Inc., a non-profit corporation, in an amount not to exceed $630,770, to operate care centers and provide evening outreach services for the Homeless Coordinated Entry System of Care, for the period from January 1, 2017 through September 30, 2017. FISCAL IMPACT: This Contract is funded 70% Mental Health Realignment; 20% Housing and Urban Development Coordinated Entry; and 10% Community Development Block Grant. BACKGROUND: This Contract meets the social needs of County’s population by providing support services to Contra Costa County families that are homeless, including case management, day shelter services, transportation needs, mental health assessment and crisis intervention. Under Contract #25-076, the Contractor will operate care centers and provide evening outreach services for the Homeless Coordinated Entry System of Care, including two care centers and one warming center, through September 30, 2017. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: E Suisala, M Wilhelm C. 85 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Contract #25-076 with Anka Behavioral Health, Inc. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1110 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, families that are homeless will not have access to Contractor’s services. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1111 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #26-528-11 with Acusis, LLC, a limited liability company, in an amount not to exceed $300,000, to provide medical and dictation transcription services at Contra Costa Regional Medical Center and Health Centers (CCRMC), for the period from March 1, 2017 through February 28, 2018. FISCAL IMPACT: This Contract is funded 100% Hospital Enterprise Fund I. (No rate increase) BACKGROUND: Acusis, LLC provides around-the-clock, state-of-the-art, customized transcription for all types of medical reports, office and clinic notes, referral letters, and emergency documentation. The Contractor ensures that experienced transcriptionists are always available, providing between two to four hour turnaround for STAT reports and overnight service for less critical reports. Acusis, LLC tailors its output to meet client needs and guarantees on-time delivery for all reports. On March 29, 2016, the Board of Supervisors approved Contract #26-528-10 with Acusis, LLC APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 925-313-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: K Cyr, M Wilhelm C. 74 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Contract #26-528-11 with Acusis, LLC February 7, 2017 Contra Costa County Board of Supervisors Minutes 1112 BACKGROUND: (CONT'D) for the period from March 1, 2016 through February 28, 2017, for the provision of medical and dictation transcription services for patients at CCRMC. Approval of Contract #26-528-11 will allow the Contractor to continue to provide transcription and dictation services at CCRMC, through February 28, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, Contractor will not provide STAT and overnight medical transcription services. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1113 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #26-583-24 with Specialty Laboratories Inc. (dba Quest Diagnostics Nichols Institute of Valencia), a corporation, in an amount not to exceed $4,650,000, for the provision of outside clinical laboratory services for Contra Costa Regional Medical Center and Contra Costa Health Centers (CCRMC), for the period from January 1, 2017 through December 31, 2018. FISCAL IMPACT: This Contract is funded 100% Hospital Enterprise Fund I. (No rate increase) BACKGROUND: Certain laboratory tests require equipment not available at Contra Costa Regional Medical Center's laboratory, and are rarely requested tests. Because of the large number and diversity of laboratory tests used by the medical community to make diagnoses, most hospitals have to utilize outside laboratories, as it is too cost prohibitive to provide all tests on site. Contra Costa County has used the services of outside laboratories for over twenty-five years. On January APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: K Cyr, M Wilhelm C. 64 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Contract #26-583-24 with Specialty Laboratories, Inc. (dba Quest Diagnostics Nichols Institute of Valencia) February 7, 2017 Contra Costa County Board of Supervisors Minutes 1114 BACKGROUND: (CONT'D) 12, 2016, the Board of Supervisors approved Contract #26-583-21 (as amended by Amendment Agreements #26-583-22, and #26-583-23) with Specialty Laboratories, Inc., to provide outside laboratory services for CCRMC, for the period from January 1, 2016 through December 31, 2016. Approval of Contract #26-583-24 will allow the Contractor to continue to provide outside clinical laboratory services, through December 31, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring specialized laboratory testing at CCRMC will not have access to Contractor’s services. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1115 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #27-572-7 with Clark S. Tsai, M.D., Inc., a corporation, in an amount not to exceed $500,000, to provide ophthalmology services for Contra Costa Health Plan members for the period from February 1, 2017 through January 31, 2019. FISCAL IMPACT: This Contract is funded 100% by Contra Costa Health Plan Enterprise Fund II. (Rate increase) BACKGROUND: On March 10, 2015, the Board of Supervisors approved Contract #27-572-6 with Clark S. Tsai, M.D., Inc. for the period from February 1, 2015 through January 31, 2017, to provide ophthalmology services to Contra Costa Health Plan members. Approval of Contract #27-572-7 will allow the Contractor to continue to provide ophthalmology services through January 31, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized professional health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: A Floyd, M Wilhelm C. 51 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Contract #27-572-7 with Clark S. Tsai, M.D., Inc. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1116 RECOMMENDATION(S): Approve and authorize the Health Services Director, or designee, to execute, on behalf of the County, Contract #27-686-6 with Michael P. Sherman, M.D., Ph.D., A Medical Corporation (dba Contra Costa Oncology), in an amount not to exceed $1,500,000, to provide oncology services to Contra Costa Health Plan (CCHP) members, for the period from February 1, 2017 through January 31, 2019. FISCAL IMPACT: This Contract is funded 100% Contra Costa Health Plan Enterprise Fund II. (No rate increase) BACKGROUND: On February 10, 2015, the Board of Supervisors approved Contract #27-686-5 with Michael P. Sherman, M.D., Ph.D., A Medical Corporation, for the provision of oncology services to CCHP members, for the period from February 1, 2015 through January 31, 2017. Approval of Contract #27-686-6 will allow Contractor to continue providing oncology services through January 31, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized professional health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: A Floyd , M Wilhelm C. 52 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Contract #27-686-6 with Michael P. Sherman, M.D., Ph.D., A Medical Corporation (dba Contra Costa Oncology) February 7, 2017 Contra Costa County Board of Supervisors Minutes 1117 RECOMMENDATION(S): Approve and authorize the Health Services Director, or designee, to execute, on behalf of the County, Contract #27-687-6 with Hilltop Radiology, LLC (dba Hilltop Imaging and Diagnostic Center), a Limited Liability Company, in an amount not to exceed $850,000, to provide diagnostic imaging services to Contra Costa Health Plan (CCHP) members, for the period from March 1, 2017 through February 28, 2019. FISCAL IMPACT: This Contract is funded 100% Contra Costa Health Plan Enterprise Fund II. (No rate increase) BACKGROUND: On May 5, 2015, the Board of Supervisors approved Contract #27-687-5 with Hilltop Radiology, LLC (dba Hilltop Imaging and Diagnostic Center), for the period from March 1, 2015 through February 28, 2017 to provide diagnostic imaging services for CCHP members. Approval of Contract #27-687-6 will allow Contractor to continue providing diagnostic imaging services through February 28, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized professional health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: A Floyd , M Wilhelm C. 44 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Contract #27-687-6 with Hilltop Radiology, LLC (dba Hilltop Imaging and Diagnostic Center) February 7, 2017 Contra Costa County Board of Supervisors Minutes 1118 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #27-735-5 with David Gilbert, M.D., an individual, in an amount not to exceed $300,000, to provide ophthalmology services for Contra Costa Health Plan members for the period from February 1, 2017 through January 31, 2019. FISCAL IMPACT: This contract is funded 100% by Contra Costa Health Plan Enterprise Fund II. (No Rate increase) BACKGROUND: On March 10, 2015, the Board of Supervisors approved Contract #27-735-4 with David Gilbert, M.D., for the period from February 1, 2015 through January 31, 2017, to provide ophthalmology services to Contra Costa Health Plan members. Approval of Contract #27-735-5 will allow the Contractor to continue to provide ophthalmology services through January 31, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: A Floyd , M Wilhelm C. 53 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Contract #27-735-5 with David Gilbert, M.D. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1119 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute on behalf of the County, Contract #27-743-5 with Herculean Babies Pediatrics, a corporation, in an amount not to exceed $500,000, to provide pediatric primary care services for Contra Costa Health Plan (CCHP) members, for the period from March 1, 2017 through February 28, 2019. FISCAL IMPACT: This contract is funded 100% by Contra Costa Health Plan Enterprise Fund II. (No rate increase) BACKGROUND: On March 10, 2015 the Board of Supervisors approved Contract #27-743-4 with Herculean Babies Pediatrics, for the provision of pediatric primary care services to CCHP members for the period from March 1, 2015 through February 28, 2017. Approval of Contract #27-743-5 will allow Herculean Babies Pediatrics to continue to provide pediatric primary care services to CCHP members through February 28, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized professional health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: A Floyd , M Wilhelm C. 54 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Contract #27-743-5 with Herculean Babies Pediatrics February 7, 2017 Contra Costa County Board of Supervisors Minutes 1120 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #27-830-3 with Pleasanton Physical Therapy Services, Inc. (dba Back on Track Physical Therapy), a corporation, in an amount not to exceed $500,000, to provide physical therapy services for Contra Costa Health Plan members for the period from February 1, 2017 through January 31, 2019. FISCAL IMPACT: This contract is funded 100% by Contra Costa Health Plan Enterprise Fund II. BACKGROUND: On April 14, 2015, the Board of Supervisors approved Contract #27-830-2 with Pleasanton Physical Therapy Services, Inc., (dba Back on Track Physical Therapy) for the provision of physical therapy services for Contra Costa Health Plan members, for the period from February 1, 2015 through January 31, 2017. Approval of Contract #27-830-3 will allow Contractor to continue providing physical therapy services through January 31, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: A Floyd , M Wilhelm C. 50 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Contract #27-830-3 with Pleasanton Physical Therapy Services, Inc. (dba Back on Track Physical Therapy) February 7, 2017 Contra Costa County Board of Supervisors Minutes 1121 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #27-897-2 with Women’s Health Partners of California, Inc., a corporation, in an amount not to exceed $800,000, to provide Obstetrics and Gynecology (OB-GYN) services for Contra Costa Health Plan members and County recipients for the period from January 1, 2017 through December 31, 2018. FISCAL IMPACT: This Contract is funded 100% Contra Costa Health Plan Enterprise Fund II. (No rate increase) BACKGROUND: On January 13, 2015, the Board of Supervisors approved Contract #27-897-1 with Women’s Health Partners of California, Inc., for the provision of OB-GYN services to Contra Costa Health Plan members for the period from January 1, 2015 through December 31, 2016. Approval of Contract #27-897-2 will allow the Contractor to continue providing OB-GYN services through December 31, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: A Floyd, M Wilhelm C. 63 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Contract #27-897-2 with Women’s Health Partners of California, Inc. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1122 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #27–799–6 with Health Management Systems, Inc., a corporation, in an amount not to exceed $3,000,000, to provide auditing services to Contra Costa Health Plan for the period from February 1, 2017 through January 31, 2019. FISCAL IMPACT: This Contract is funded 100% by Contra Costa Health Plan Enterprise Fund II. (No rate increase) BACKGROUND: Contra Costa Health Plan is mandated by State and Federal law to have a comprehensive fraud, waste, and abuse prevention and detection program which must include measures that prevent, detect, and correct noncompliance with the Centers for Medicare and Medicaid Services (CMS) program requirements. On March 30, 2015, the Board of Supervisors approved Contract #27-799-4 (as amended by Contract Amendment Agreement #27-799-5) with Health Management Systems, Inc., for the period from February 1, 2015 through APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: D Morgan, M Wilhelm C. 56 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Contract #27–799–6 with Health Management Systems, Inc. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1123 BACKGROUND: (CONT'D) January 31, 2017 for the provision of professional auditing services. Approval of Contract #27–799–6, will allow Contractor to continue to provide professional auditing services, including fraud, waste, and abuse services, coordination of benefits, and overpayment recovery services for the Health Plan, through January 31, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the Health Plan will be out of compliance with Medi-Cal Audit Corrective Action Plan requirements. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1124 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #74-438-9 with Vasanta Venkat Giri, M.D., an individual, in an amount not to exceed $267,040, for the provision of outpatient psychiatric services for the period from February 1, 2017 through January 31, 2018. FISCAL IMPACT: This Contract is funded 16% Mental Health Services Act; 84% Mental Health Realignment. (No rate increase) BACKGROUND: On November 3, 2015, the Board of Supervisors approved Contract #74-438-7 (as amended by Amendment Agreement #74-438-8) with Vasanta Venkat Giri, M.D. for the provision of outpatient psychiatric services; including diagnosing, counseling, evaluating, and providing medical and therapeutic treatment for children and adolescents in Central Contra Costa County, for the period from February 1, 2016 through January 31, 2017. Approval of Contract #74-438-9 will allow Contractor to continue providing outpatient psychiatric services through January 31, 2018. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: E Suisala, M Wilhelm C. 86 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Contract #74-438-9 with Vasanta Venkat Giri, M.D. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1125 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County’s clients will not have access to Contractor’s services. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1126 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #74-475-58 with Trinidad Zavala, MFT, a self-employed individual, in an amount not to exceed $115,000, to provide Medi-Cal specialty mental health services for the period from January 1, 2017 through June 30, 2018. FISCAL IMPACT: This Contract is funded 50% Federal Medi-Cal and 50% State General Fund. BACKGROUND: Under Contract #74-475-58, the Contractor will provide Medi-Cal specialty mental health services through June 30, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, services provided to Contra Costa Mental Health Medi-Cal beneficiaries could be negatively impacted, including access to services, choice of providers, cultural competency, language capacity, geographical locations of service providers, and waiting lists. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: Tasha Scott, Robert Curatto, Marcy Wilhelm C. 83 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Contract #74-475-58 with Trinidad Zavala, MFT February 7, 2017 Contra Costa County Board of Supervisors Minutes 1127 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #74-483-2 with Richard Alan Melny, M.D., an individual, in an amount not to exceed $133,120, to provide psychiatric services for the period from February 1, 2017 through January 31, 2018. FISCAL IMPACT: This Contract is funded 50% Mental Health Realignment; 50% Federal Financial Participation. (No Rate Increase) BACKGROUND: On January 5, 2016, the Board of Supervisors approved Contract #74-483-1 with Richard Melny, M.D., for the period from February 1, 2016 through January 31, 2017, for the provision of psychiatric services; including diagnosing, counseling, evaluating, and providing medical and therapeutic treatment for Seriously Emotionally Disturbed (SED) adolescents in Central Contra Costa County, enrolled in the First Hope Program. Approval of Contract #74-483-2 will allow Contractor to continue providing psychiatric services for adolescents through January 31, 2018. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: E Suisala, M Wilhelm C. 87 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Contract #74-483-2 with Richard Alan Melny, M.D. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1128 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County’s clients will not have access to Contractor’s outpatient psychiatric services. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1129 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #74-514-2 with Robin Asher, MD, an individual, in an amount not to exceed $199,680, to provide outpatient psychiatric care services for the period from April 1, 2017 through March 31, 2018. FISCAL IMPACT: This Contract is funded 50% Federal Financial Participation and 50% by Mental Health Realignment. (No rate increase) BACKGROUND: On March 15, 2016, the Board of Supervisors approved Contract #74-514, (as amended by Contract Amendment Agreement #74-514-1) with Robin Asher, MD, for the provision of outpatient psychiatric care services to children and in East and West County through March 31, 2017. Approval of Contract #74-514-2 will allow Contractor to continue providing services through March 31, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County’s clients will not have access to Contractor’s psychiatric care services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: D Morgan, M WILHELM C. 60 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Contract #74-514-2 with Robin Asher, MD February 7, 2017 Contra Costa County Board of Supervisors Minutes 1130 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #74-536 with First Place for Youth, a non-profit corporation, in an amount not to exceed $115,258, to provide community-based mental health services for transitional age youth who are Seriously Emotionally Disturbed (SED), for the period from January 1, 2017 through June 30, 2017. This Contract includes a six-month automatic extension through December 31, 2017, in an amount not to exceed $115,258. FISCAL IMPACT: This Contract is funded 50% Federal Financial Participation; 50% Mental Health Realignment. BACKGROUND: This Contract meets the social needs of County’s population by providing community-based mental health services, including individual and group therapy; and case management services for transitional age youth who are Seriously Emotionally Disturbed (SED). Under Contract #74-536, First Place for Youth will provide community-based mental health services, for the period from January 1, 2017 through June 30, 2017. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: E Suisala, M Wilhelm C. 82 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Contract #74-536 with First Place for Youth February 7, 2017 Contra Costa County Board of Supervisors Minutes 1131 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, emotionally disturbed youth will have reduced access to the mental health services provided by Contractor, including individual and group therapy; case management services. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). February 7, 2017 Contra Costa County Board of Supervisors Minutes 1132 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #77-035 with 1125 Sir Francis Drake Boulevard Operating Company, LLC (DBA Kentfield Rehabilitation and Specialty Hospital), a Limited Liability Company, in an amount not to exceed $1,750,000, to provide Long Term Acute Care Hospital Services for Contra Costa Health Plan (CCHP) members for the period from February 1, 2017 through January 31, 2018. FISCAL IMPACT: This contract is funded 100% Contra Costa Health Plan Enterprise Fund II. (No rate increase) BACKGROUND: Under Contract #77-035, the Contractor will provide Long Term Acute Care Hospital Services to CCHP members for the period from February 1, 2017 through January 31, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, Contra Costa Health Plan members will not receive the benefits of long term acute care hospital services from the Contractor. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: A Floyd, M Wilhelm C. 49 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Contract #77-035 with 1125 Sir Francis Drake Boulevard Operating Company, LLC (DBA Kentfield Rehabilitation and Specialty Hospital) February 7, 2017 Contra Costa County Board of Supervisors Minutes 1133 RECOMMENDATION(S): APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract with Environmental Science Associates (ESA) in the amount of $228,858 to prepare an Environmental Impact Report (EIR) for the Bayview Estates Project located in the Martinez / Vinehill area, for the period February 8, 2017 through February 7, 2020. FISCAL IMPACT: No impact to the General Fund. The applicant is responsible for all costs associated with the preparation of the EIR. BACKGROUND: A Draft Environmental Impact Report (DEIR) for the Bayview Estates Project (Project) was prepared by ESA on behalf of Contra Costa County and circulated for public review in December 2009. In November 2010, in response to input received from the County and comments received on the DEIR, the project sponsor (Discovery Builders, Inc.) drafted a Lesser Intensity Project Alternative consisting of a revised layout. The Lesser Intensity Project is now the applicant's preferred alternative. There are key differences between the original Bayview Estates Project (2009) and the Lesser Intensity Project Alternative. Because the project description will be revised to show this preferred alternative as the revised project and because it would be helpful to update the analysis, the County will prepare a new EIR for the revised project. In addition to the change in the Project Description, the EIR will reflect analysis in accordance with recent federal, State, local, and/or regional laws and guidelines. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: John Oborne, 925-674-7793 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: C. 42 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 7, 2017 Contra Costa County Subject:Contract with Environmental Science Associates for the Preparation of Environmental Documents for the Bayview Estates Residential Project February 7, 2017 Contra Costa County Board of Supervisors Minutes 1134 CONSEQUENCE OF NEGATIVE ACTION: If the Board does not approve the new contract ESA cannot prepare a new EIR for the revised project. CHILDREN'S IMPACT STATEMENT: None. The Board Order is for a new contract for the preparation of environmental review documents and will not impact children's programs within the county. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1135 RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract amendment with Michael Baker International for development of a Flood Emergency Management program extending the termination date of the contract from January 31, 2017 to October 8, 2018 with no change to the payment limit. FISCAL IMPACT: No additional cost. The original payment limit of $663,600 will be received through a grant from the Department of Water Resources to implement new flood safety plans. BACKGROUND: Contra Cost County Public Works applied to the Department of Water Resources (DWR) for a grant for the planning and implementations of the Contra Costa County Flood Emergency Response Program. DWR funded $663,600 for Contra Costa County’s Delta Flood Readiness activities. The Office of Emergency Services is a sub grantee of this DWR grant. Flood is ranked number 4 in the county’s natural hazards local mitigation plan and therefore will greatly benefit from the grant projects as follows: • APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sandra Brown, 925-335-1553 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: C. 45 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:February 7, 2017 Contra Costa County Subject:Flood Safety Services February 7, 2017 Contra Costa County Board of Supervisors Minutes 1136 BACKGROUND: (CONT'D) Develop new or update existing local maintaining agency flood safety plans. • Develop an emergency operations plan flood safety annex for the Emergency Operations Center. • All plans will contain flood contingency maps to include evacuation routes and rally points. • Develop and distribute Bethel Island Municipal Improvement District public outreach campaign materials regarding flood safety. CONSEQUENCE OF NEGATIVE ACTION: The Office of the Sheriff would not be able to finish the project. CHILDREN'S IMPACT STATEMENT: N/A February 7, 2017 Contra Costa County Board of Supervisors Minutes 1137 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to issue Request for Proposals (RFP) #1151, Family and Children's Trust Committee, for prevention and intervention services to abused and neglected children or children at risk of abuse or neglect and their families in an amount not to exceed $640,000 for the period July 1, 2017 through June 30, 2018. FISCAL IMPACT: $640,000: 35% State Child Abuse Prevention, Intervention and Treatment (CAPIT) funds; 5% State Community Based Family Resource (CBCAP) funds; 40% County Birth Certificate funds; 20% donations to Ann Adler, Family and Children Trust funds. BACKGROUND: The Family and Children's Trust Committee (FACT) developed Request for Proposals #1151 following an extensive needs assessment process. The process included web-based surveys to service providers and consumers, meetings with key stakeholders, and a review of current needs and assessment of data and literature. The service categories for the use of FACT funds for the fiscal year 2017-18, which emerged from the needs assessment process, are to be solicited through the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Elaine Burres, 313-1717 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: C. 46 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:February 7, 2017 Contra Costa County Subject:Issue Family and Children's Trust Committee (FACT) Request for Proposal February 7, 2017 Contra Costa County Board of Supervisors Minutes 1138 BACKGROUND: (CONT'D) open bid process, RFP 1151, include: 1) Support for children with special needs and/or mental health needs and their families; 2) Parenting education services including information and referral support services; 3) Evidence based or evidence informed afterschool programs or school based programs; 4) Early intervention services that focus on one or more of the following: a. prevention and early intervention, family violence services including child abuse and domestic violence services, and/or, b. bullying/gang violence awareness and prevention, and /or, c. mental health services. The period of funding for the resulting contracts will be July 1, 2017 through June 30, 2018 with the option for a one-year renewal, pending service need, availability of funds, and provision quality services with successful outcomes as determined by the FACT Committee's ongoing monitoring and evaluation process. All funded programs must support culturally and linguistically appropriate services. All programs must include services for families involved with or at risk of becoming involved with child welfare. CONSEQUENCE OF NEGATIVE ACTION: Without authorization for release of the Request for Proposals #1151, Family and Children's Trust Committee (FACT), funding for prevention and intervention services to abused and neglected children and children at risk of abuse or neglect and their families could not be provided to organizations thereby, eliminating programs supported by FACT dollars. CHILDREN'S IMPACT STATEMENT: Contracts resulting from the RFP will support all five of the community outcomes established in the Children's Report Card, 1) "Children Ready for and Succeeding in School"; 2) "Children and Youth Healthy and Preparing for Productive Adulthood"; 3) "Families that are Economically Self Sufficient; 4) "Families that are Safe, Stable and Nurturing; and, 5) "Communities that are Safe and Provide a High Quality of Life for Children and Families" by reducing the occurrence of child abuse and neglect, and providing support services and guidance to strengthen the family unit. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1139 RECOMMENDATION(S): Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute an amendment to the Purchase Order with Henry Schein Inc. to add $350,000 for a new total payment limit of $700,000 for dental supplies, equipment and repairs at the Contra Costa Regional Medical Center (CCRMC), with no change in the term of January 1, 2016 through December 31, 2018. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I Budget. BACKGROUND: Due to combining all Henry Schein Inc. Purchase Orders into one, it has increased the usage on this specific Purchase Order. Henry Schein Inc. provides specialty equipment and supplies to all of the Contra Costa Regional Medical Center and Contra Costa Health Centers. Henry Schein Inc. has been used for many years and provides an institutional discount due to usage and the long standing relationship between the County and Henry Schein Inc. CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved the CCRMC will not be able to take care of the dental needs of the general population of Contra Costa County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: Tasha Scott, Marcy Wilhelm, Crystal Grayson C. 70 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Purchase Order Amendment to Henry Schein, Inc. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1140 RECOMMENDATION(S): Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute a Purchase Order with Becton Dickinson and Co., in an amount not to exceed $297,000, for the purchase of reagents and clinic laboratory supplies for the Contra Costa Regional Medical and Health Centers, for the period January 1, 2017 to December 31, 2019. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I Budget. BACKGROUND: This Purchase Order request is for reagents, cytology products and other clinic laboratory supplies. Pap smears are collected by the provider in a liquid medium. The Becton Dickinson and CO (BD) D TriPath Prep Stain Slide Processor mounts the material on slides and then stains the slides. The stained slides are then read by the Cytologist and/or Pathologist. The reagents and supplies are specific to the BD TriPath Prep Stain Slide Processor. CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, the Pathology Department will not be able to process pap smears, which is the screening tool used in gynecology to detect the process of abnormal cells in the cervix. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: Tasha Scott, Marcy Wilhelm, Crystal Grayson C. 81 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Purchase Order with Becton Dickinson and Co. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1141 RECOMMENDATION(S): Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute a Purchase Order with Cantrell Drug Company., in an amount not to exceed $305,000, for the purchase of pain management/premix medications at the Contra Costa Regional Medical Center and Contra Costa Health Centers, for the period from January 1, 2017 through December 31, 2017. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I Budget. BACKGROUND: Recalls and back orders of medications have prompted the Pharmacy Department to directly purchase medications through manufacturers such as Cantrell. Cantrell strictly adheres to FDA compounding guidelines through exclusive use of commercially available sterile additives, solutions and containers. These medications are in short supply or not commercially available through our wholesaler, Cardinal. We will be phasing out purchases from Pharmedium and are requesting funds towards the purchase of pharmaceutical products from Cantrell. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 925-370-5100 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: Tasha Scott, Marcy Wilhelm, Crystal Grayson C. 71 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Purchase Order with Cantrell Drug Company February 7, 2017 Contra Costa County Board of Supervisors Minutes 1142 CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, the Contra Costa Regional Medical Center and Health Centers will not be able to purchase the medications required to properly care for patients who require pain management services, as well as other necessary pharmaceutical products. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1143 RECOMMENDATION(S): Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute a Purchase Order with McKesson Medical-Surgical for an amount not to exceed $214,500, for the purchase of exam beds and tops, exam stools, exam lights, chairs, and cabinets for the renovated Pittsburg Health Center. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I budget. BACKGROUND: The Pittsburg Health Center is being expanded and renovated to be able to accommodate more patients. The beds, tables, chairs, lights, and cabinets are necessary for the new rooms. CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, Health Services will be unable to purchase the beds, lights, tables, and other items, and we will be unable to expand services to accommodate more patients. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: Tasha Scott, Marcy Wilhelm C. 80 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Purchase Order with McKesson Medical-Surgical February 7, 2017 Contra Costa County Board of Supervisors Minutes 1144 RECOMMENDATION(S): Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute a Purchase Order with Syserco, Inc., in an amount not to exceed $217,273, for Serta pressure monitors to be used throughout the Contra Costa Regional Medical Center (CCRMC) for the period of November 1, 2016 through January 31, 2017. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I budget. BACKGROUND: This vendor will provide differential pressure monitors to key rooms. This will allow staff to see which rooms have positive pressure and which have negative pressure. CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, the CCRMC will continue to be out of compliance with Joint Commission regulations and could be fined. It would also impact patient care. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: Tasha Scott, Marcy Wilhelm, Crystal Grayson C. 73 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Purchase Order with Syserco, Inc. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1145 RECOMMENDATION(S): AUTHORIZE the Auditor-Controller to pay, on behalf of the Sheriff-Coroner, an amount not to exceed $39,222 to R&S Erection of Concord, Inc. for the installation of a security gate at the Sheriff's Firearms Range. FISCAL IMPACT: 100% County; Budgeted. BACKGROUND: The Sheriff’s Firearms Range hosts mandatory handgun and rifle training for all sworn Office of the Sheriff employees and members of over 20 allied law enforcement agencies throughout the region. Safety of personnel and the security of the facility is a primary concern for the administration of this facility. As such, the use of the firearms range is restricted to active Office of the Sheriff personnel and those with a current contract. In addition to providing enhanced security for the range facility, the automated range gate will restrict access to the Sheriff’s Firearms Range to only approved personnel and those individuals granted prior access. CONSEQUENCE OF NEGATIVE ACTION: Negative action by the Board will result in the inability of the Sheriff’s Office to restrict access to the range when necessary. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sandra Brown 925-335-1553 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: C. 41 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:February 7, 2017 Contra Costa County Subject:R & S Erection of Concord Inc. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1146 CHILDREN'S IMPACT STATEMENT: N/A February 7, 2017 Contra Costa County Board of Supervisors Minutes 1147 RECOMMENDATION(S): APPROVE and authorize County Counsel or designee to terminate contract #4538004 with David F. Schmidt, A Professional Corporation, effective at the close of business on February 7, 2017, and hire David F. Schmidt as a temporary employee effective February 8, 2017. FISCAL IMPACT: None. The services are being replaced by this action. BACKGROUND: On June 9, 2015, the Board of Supervisors approved Contract #4538004 with David F. Schmidt, a corporation, to provide legal services for the period from July 1, 2015 through June 30, 2017. This action will allow the County Counsel's Office to terminate Contract, #4538004, pursuant to the Termination clause, effective at the close of business on February 7, 2017. David F. Schmidt was an employee of the County Counsel's Office from January 2, 1985, until his retirement on March 31, 2008. From October 1, 2009 until May 10, 2010, Mr. Schmidt worked as an individual on contract. Since May 11, 2010, David F. Schmidt has provided legal services to the County through a professional corporation. Beginning February 8, 2017, the County will employ Mr. Schmidt as a retiree temporary. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sharon L. Anderson, County Counsel 335-1815 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: Wanda McAdoo C. 61 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:February 7, 2017 Contra Costa County Subject:Replace Contract with David F. Schmidt, A Professional Corportation February 7, 2017 Contra Costa County Board of Supervisors Minutes 1148 CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved the County will no longer be able to benefit from Mr. Schmidt's legal expertise. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1149 RECOMMENDATION(S): ACCEPT the 2016 Contra Costa County Advisory Council on Aging Annual Report as recommended by the Employment and Human Services Department Director. FISCAL IMPACT: Not applicable. BACKGROUND: On June 18, 2002, the Contra Costa County Board of Supervisors adopted Resolution No. 2002/377, requiring that each regular and ongoing board, commission and/or committee shall annually report to the Board of Supervisors on the activities, accomplishments, membership attendance, required training and certification programs, and proposed workplace objectives for the following year. The attached report is submitted to fulfill that requirement for the Advisory Council on Aging. CONSEQUENCE OF NEGATIVE ACTION: Not applicable. CHILDREN'S IMPACT STATEMENT: Not applicable. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: V. Kaplan, 3-1514 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 96 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:February 7, 2017 Contra Costa County Subject:2016 Advisory Council on Aging Annual Report February 7, 2017 Contra Costa County Board of Supervisors Minutes 1150 ATTACHMENTS 2016 Annual Report February 7, 2017 Contra Costa County Board of Supervisors Minutes 1151 CONTRA COSTA COUNTY AADDVVIISSOORRYY CCOOUUNNCCIILL OONN AAGGIINNGG ANNUAL REPORT JANUARY – DECEMBER 2016 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1152 [This page was left blank intentionally.] February 7, 2017 Contra Costa County Board of Supervisors Minutes 1153 CONTRA COSTA COUNTY Officers:  Gerald Richards – 2st Term  Gail Garrett, First Vice President – 2st Term  Richard Nahm, Second Vice President – 2st Term  Ron Tervelt, Secretary – 2st Term  Ella Jones, Treasurer – 2st Term Current Roster of Members as of December 1, 2016: Fred Adams Kathy Ames Mary Bruns Deborah Card Nina Clark Jennifer Doran Joseph C. Doherty James Donnelly Mary Rose Rudy Fernandez Susan Frederick Dorothy Gantt Gail Garrett Kristin Haegeland Ella Jones David Joslin Keith Katzman Arthur Kee Joanna Kim-Selby Douglas Knowles Shirley Krohn Robert Leasure Richard Nahm Nuru Neemuchwalla Gerald Richards Sheri Richards Summer Selleck Grayce Smith Ron Tervelt Lorna Van Ackeren Patsy Welty Janelle Williams Rita Xavier February 7, 2017 Contra Costa County Board of Supervisors Minutes 1154 Contra Costa County 2015 Annual Report Advisory Council on Aging 1 Advisory Council Objectives The Council shall provide a means for countywide planning, cooperation and coordination for individuals and groups interested in improving and developing services and opportunities for older residents of this county. The Council provides leadership and advocacy on behalf of older persons and serves as a channel of communication and information on aging issues. The Council advises each: the Area Agency on Aging on the development of its Area Plan, the Bureau of Aging and Adult Services, Employment and Human Services and the Board of Supervisors. The Area Agency on Aging Area Plan is based on unmet needs and priorities experienced by older persons, as determined by assessments and input from the senior network throughout the County. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1155 Contra Costa County 2015 Annual Report Advisory Council on Aging 1 ANNUAL REPORT TABLE OF CONTENTS REPORT PAGE - President’s Report / Executive Summary 1 Committee Reports - Planning 2 - Membership / Nominating 2 Work Group Reports - Housing 3 - Health 4 - Legislative Advocacy 5 - Transportation 5 Special Reports - Senior Nutrition Program 6 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1156 Contra Costa County 2016 Annual Report Advisory Council on Aging [This page was left blank intentionally.] February 7, 2017 Contra Costa County Board of Supervisors Minutes 1157 Contra Costa County 2016 Annual Report Advisory Council on Aging 1 PRESIDENT’S REPORT / EXECUTIVE SUMMARY January – December 2016 The Contra Costa County Advisory Council on Aging (ACOA) advises the Area Agency on Aging (AAA) in all matters related to the development and administration of senior programs in accordance with the mandates of the Older Americans Act. The Council is composed of 40 authorized member seats appointed by the Board of Supervisors in partnership with local cities and commissions on aging, the ACOA Membership Committee, and a designated advisory group – the Nutrition Council. A majority of the ACOA must be age 60 or older. Members represent the geographic, economic, capacity, cultural, sexual orientation, and ethnic diversity of the County. The ACOA has been active in several areas. In 2016, we again helped organize Senior Rally Day in Sacramento in May and, with the help of Supervisor John Gioia’s staff member Joan Carpenter, chartered buses to take Contra Costa seniors to the event. More people attended this year with the help of the California Commission on Aging, the Congress of California Seniors and Assembly Member Cheryl Brown. Shirley Krohn of the ACOA and Debra Toth, CEO of Rehabilitation Services of Northern California, actively participated in the planning for the event. Our Transportation Work Group, operating as the Senior Mobility Action Council (SMAC) with membership from transit companies and other community transportation representatives, worked with the Measure X Expenditure Plan Advisory Committee. In view of the defeat of Measure X, the Action Council set itself the task of developing a plan for how to provide the needed transportation improvements for Contra Costa seniors. Our Housing Work Group has finally succeeded in shaping a project and attracting support and members from other organizations to work as a steering group for housing projects. The Work Group held a brainstorming meeting 30 November at which a plan was developed to begin a pilot project in one city, and got buy-in from one of the participating organizations to pay for the pilot program, pending funding from other sources. The Nutrition Program Representative noted that, while T. J. Long Foundation gave the Program a generous donation and other donations are up, the number of seniors needing home delivered meals grew substantially in the Second Quarter which is consistent with reports of increasing numbers of hungry senior nationwide. From my perspective, the AAA program is greatly improved with the appointment of Laura Cepoi, Program Manager, to lead the program. She has taken the reins and quickly grasped the program’s strengths and weaknesses. We can expect her to get the program back on track in a timely manner. , With the action of the Board of Supervisors to approve the revised bylaws, we have not been troubled with quorum issues this year. After considering this and other issues, the Membership Committee decided not to ask for a change in the number of members. All in all, we have had a much better and more productive year in 2016. Gerald Richards, M.S.E., J.D. Executive Committee Chair Advisory Council on Aging President February 7, 2017 Contra Costa County Board of Supervisors Minutes 1158 Contra Costa County 2016 Annual Report Advisory Council on Aging 2 PLANNING COMMITTEE REPORT January – December 2016 CURRENT PLANNING COMMITTEE ROSTER  Debbie Card  Susan Frederick  Arthur Kee  Ron Tervelt  Ella Jones (Chair) ACTIVITIES Routinely, ongoing monthly meetings with contracted service providers, monitoring and making suggestions for implementation to improve services and better meet the needs of participants in regard to services provided within the budget. ACOMPLISHMENTS Due to a sudden no show and last minute cancellation by some Area Agency on Aging (AAA) contracted providers scheduled to make Program Review Questionnaire presentations to the Planning Committee, a review of the visiting schedule policy and procedures was requested from the AAA Staff. The current Protocol and methodology for AAA Contractors was discussed and examined resulting in a look at the history of no shows and last minute cancellations that indicated these occurrences were the exception rather than the norm. Nonetheless, the AAA Staff will apply a more diligent strategy of persuasion and communication with the community or contractors to provide advance notification of cancellations to enable AAA Staff to find "last minute replacements" and/or rescheduling promoting effective time management for all. 2017 WORK PLAN In light of the rapidly expanding senior population the committee will diligently and closely work with AAA to monitor and insure the residents of CCC have adequate and appropriate services supplied by reputable and trustworthy contracted entities. Ella Jones Planning Committee, Chair Advisory Council on Aging Secretary MEMBERSHIP / NOMINATING COMMITTEE REPORT January – December 2016 CURRENT MEMBERSHIP COMMITTEE ROSTER (INCLUDES NOMINATING)  Susan Frederick District I / M-C  Robert Leasure District II / M-C  Richard Nahm (Chair of Membership) District III / M-C: Member at President’s Discretion  Nuru Neemuchwalla District IV / M-C  Jennifer Doran (Chair of Nominating) District V / M-C & Nominating Committee  Janelle Williams District I / Nominating Committee  Nina Clark District II / Nominating Committee  Grayce Smith District III / Nominating Committee  Lorna Van Akern District IV / Nominating Committee ACTIVITIES February 7, 2017 Contra Costa County Board of Supervisors Minutes 1159 Contra Costa County 2016 Annual Report Advisory Council on Aging 3  Monthly Meetings Membership Recruitment  Attendance Reviews Appointments/Resignations  Eligibility Reviews Report to Executive Committee ACOMPLISHMENTS We began 2016 with 9 vacancies, Up from 8 vacancies the previous year. Today, we have 7 vacancies – two MAL and five City. The ACOA Recruitment Poster, created to be placed in the senior centers throughout Contra Costa County, has been canceled due to a lack of interest from the senior centers. We still hope to be able to produce a PowerPoint presentation available to those who wish to speak at senior centers or other senior functions. After almost three full years, our Bylaws are finally completed and ratified by the Board of Supervisors. These changes will enable us to function more easily, more completely, and more efficiently. Our gratitude goes out to all who worked diligently to bring the issues to completion, including County Counsel and Victoria Tolbert, who pushed for finalization and ratification. 2017 WORK PLAN  Maintain a full Advisory Council on Aging membership  Recruit a District V Representative on the Membership Committee  Apply and track membership eligibility requirements  Track attendance problems  Continue Bylaws Reviews and Recommendations as Requested  Report to the Executive Committee Richard Nahm Membership Committee Chair Advisory Council on Aging 2nd Vice President HOUSING WORK GROUP REPORT January – December 2016 CURRENT HOUSING WORK GROUP ROSTER Ella Jones (ACOA) Gerald Richards (ACOA Chair) Rita Xavier (ACOA) Joan Carpenter (John Gioia’s Office) DebbieToth (Rehab Services of N. Cal) Verna Hass (Senior Legal Services) Annette Balter (Episcopal Senior Communities) Paul Mikolaj (Senior Advocate) Elaine Clark (MOW and Senior Out. Srvcs.) Joseph Voelker (Mark DeSaulnier’s Office) Tracy Powell (Episcopal Senior Communities) Jasmine Tarkoff (Multi-Faith Action Coal.) Jim Carlson (Lamorinda Senior Village) ACTIVITIES  Monthly Meetings  Educational Presentations ACCOMPLISHMENTS This year, the second for the newly reconstituted work group, we began with the goal of finding a project that could actually provide some housing for seniors. Late last year we had a presentation from the Executive Director of Marin February 7, 2017 Contra Costa County Board of Supervisors Minutes 1160 Contra Costa County 2016 Annual Report Advisory Council on Aging 4 County’s shared housing program under the auspices of Episcopal Senior Communities. After some deliberation, our membership decided to pursue creating a shared housing program in Contra Costa County. During the course of monthly meetings, we received presentations from several nonprofit organizations interested in shared housing as a way to help both seniors on fixed incomes with more house than they need and other seniors needing housing. We held meetings with and heard from several organizations to determine whether there would be any interest in and support for establishing a shared housing program in the county. Our membership now consists of representatives of the following organizations: 1. Meals on Wheels Senior Outreach Services, 2. Independent Living Resources, 3. Episcopal Senior Communities, 4. Rehabilitation Services of Northern California, 5. Multi-faith Action Coalition, 6. Contra Costa Senior Legal Services, and 7. The Office of Supervisor John Gioia The Episcopal Senior Communities, which operates shared housing programs in three Bay Area counties, stepped forward and expressed a willingness to staff a shared housing program in Contra Costa County. At our October meeting, a local staff member from the League of California Cities attended our meeting and suggested our cities are likely to have great interest in this idea because of the seriousness of the housing shortages in the county. As the year comes to an end, the Work Group members have decided to select three cities, one each from East, Central and West County, to ask for financial support to fund a shared housing demonstration program for the county in those three cities. We are feeling confident that a program can be fashioned within the first half of 2017, and be fully functional by the end of 2017. 2017 Work Plan We set no specific goals this year but decided to focus on bringing in experts and knowledgeable people to educate the Work Group members on various aspects of the Housing issues facing the Nation and Contra Costa County. The ultimate objective we chose is to find the primary Housing Issues for which our advocacy might have an impact. My assessment is that the work group members made progress and should find that by the end of 2016 we should be sufficiently educated to begin our advocacy work. Gerald Richards Housing Work Group Chair Advisory Council on Aging President HEALTH WORK GROUP REPORT January – December 2016 CURRENT HEALTH WORK GROUP ROSTER  Jennifer Doran  Susan Frederick  Ella Jones  David Joslin  Joanna Kim-Selby  Dr. Robert Leasure  Paul Mikolaj  Nuru Neemuchwalla  Sheri Richards  Janelle Williams  Kathryn Ames ACTIVITIES  Regular Monthly Meetings  Educational Presentations  Advise and educate the community on issues impacting the health of older adults.  Track and support legislation that improves older adult and healthcare delivery systems. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1161 Contra Costa County 2016 Annual Report Advisory Council on Aging 5 ACCOMPLISHMENTS In 2016 the Health Work Group conducted informative presentations and interviews with Lucinda Bazile, MPH, Deputy Director of LifeLong Medical Care. LifeLong has positioned its organization to alleviate the vacuum created by the clo- sure of the emergency room of Doctors Medical Center, San Pablo. We also heard from Ellie D. Shirgul, Psy D., Program Supervisor, Contra Cosa Mental Health and Older Adult Mental Health. She presented a program describing the com- prehensive services provided by Older Adult Mental Health Services. The Majority of the year was spent developing a flyer reminding seniors of the importance of vaccinations for Shingles, Flu, Pneumococcal pneumonia and whopping cough. These flyers were distributed to Senior Centers, Libraries and Senior living facilities throughout Contra Costa County. The Work Group members opened discussion on aligning ourselves with other organizations working on senior issues. In addition, there was regular reporting from work group members on AARP, legislative updates, CARA, CANHR, CPAW, Justice in Aging and Mental health issues of older adults. 2017 Work Plan - GROUP GOALS  Monitor and advocate for all legislative efforts regarding geriatric health issues especially issues con- cerning long term care  Mental Health: Identify unmet mental health needs of the elder population and provide exchange for shared advocacy with other mental Health departments and Centers  Align ourselves with other organizations representing senior health issues  Identify issues as the year progresses and define appropriate action plans Susan Frederick Health Work Group Chair Advisory Council on Aging Secretary LEGISLATIVE ADVOCACY WORK GROUP January – December 2016 CURRENT LEGISLATIVE WORK GROUP ROSTER  Shirley Krohn (Co-Chair)  Joanna Kim-Selby (Co-Chair)  Mary Dunn-Rose  David Joslin  Juliana Boyle  Dr. Robert Leasure  Gerald Richards  Jeffrey Weiss ACTIVITIES  Monthly meetings from January to August (meetings recessed SEP-DEC), 4th Wednesday of each month.  Members identify state & federal bills they would like to follow; they research the backgrounds of each proposal and write letters of support or opposition. They may simply recommend that fellow members continue to watch without action as the bills develop. ACCOMPLISHMENTS  Letters written in support of: o SB 924 [Roth] – Insurance: annuity transactions. o AB 1655 [Dodd] – Medi-Cal: beneficiary maintenance needs: personal needs allowance. o AB 2497 [Wagner] Voluntary contributions: California Senior Legislature Fund: California Senior Citizen Advocacy Fund. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1162 Contra Costa County 2016 Annual Report Advisory Council on Aging 6 2017 Work Plan - GROUP GOALS  Review Top 10 State and Top 4 federal proposals submitted by the California Senior Legislature. Review legisla- tion authored or identified by other agencies to watch and support as appropriate. Work Group members will “adopt” legislation, meaning that they will do the research and make recommendations to group on whether to support, oppose or watch. Shirley Krohn / Joanna Kim-Selby Legislative Advocacy Work Group Co-Chairs TRANSPORTATION WORK GROUP January – December 2016 CURRENT TRANSPORTATION WORK GROUP ROSTER  Tighe Boyle  Elaine Clark  Elaine Welch  Leslie Young  Debbie Toth  Rosemary Robles  Rita Xavier  Keith Katzman  Scott Danielson  Peter Engel  Ken Gray  Linda Groobin  Dollene Jone  Ray Zenoni  Mary Bruns  Ralph Hoffmann  Edi Birsan  Nina Clark  MacKenzie Garcia  Vicky Voicehowsky  Jeff Weiss ACTIVITIES  Monthly Meetings and advocacy for transportation for older adults ACCOMPLISHMENTS  Attended Senior Rally Day and advocated for Senior Transportation.  Provided education on Measure X to individuals and groups: CCC Board of Supervisors, City Councils, Advisory Council on Aging, Lafayette Senior Commission, MOWSOS Board, and Lafayette Today publication.  Distributed “Way to Go, Contra Costa” throughout Contra Costa County.  Distributed CCTA surveys to Senior Centers.  Published SMAC newsletter.  Participated on the Measure X Expenditure Plan Advisory Committee, advocating for increased funding and emphasizing the need for mobility management and services above and beyond ADA mandates. 2017 Work Plan - GROUP GOALS  Continuation of 2016 goals which include: advocacy for Mobility Management in Contra Costa, advocacy for: city- based transportation programs, increased volunteerism in senior transportation, legislation that supports, preserves, and encourages senior mobility, and making it safer for senior pedestrians. Provide leadership and support at confe- rences, workshops, and committees related to Senior Mobility. Continue to publish SMAC Newsletter and support CSL endeavors.  Link “Way to Go, Contra Costa” to the SMAC page of the ACOA website, additional non-profit websites, and senior organization websites.  If Measure X doesn’t pass, develop a plan for what’s next.  Consider putting on a transportation event.  Get on National List Serves to find out what others are doing in transportation.  Engage in Regional Planning activities.  Arrange for presenters from Concord Naval Weapons Station Planners, transportation providers and local elected of- ficials.  Work with others to promote Age-Friendly transportation practices in county platform.  Investigate technology and its impact on the senior population – the good, the bad and how we can help. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1163 Contra Costa County 2016 Annual Report Advisory Council on Aging 7  Add Uber and Lyft information to the SMAC page of the ACOA website and offer it to non-profit and senior organiza- tions. Mary Bruns Transportation Work Group Chair Senior Mobility Action Council (Otherwise Known As: Senior Mobility Action Council) SENIOR NUTRITION PROGRAM January – December, 2016 ACTIVITIES  Deliver delicious and nutritious meals for homebound seniors  Contra Costa cafes, provide healthy meals and safe, friendly opportunities for older adults to socialize with oth- ers who have similar interests  Deliver hope to Contra Costa’s older adult population ACCOMPLISHMENTS The Senior Nutrition Program and its companion agency Home Delivered Meals, has delivered healthy meals to Contra Costa seniors for 40 plus years. The program serves adults with AIDS and those who have a disability, allowing them to live independently, well into their 70’’s 80’s and 90’s. Contra Costa County menus exceed the Department of Aging and Title VII USDA recommendations. 2016 Achievements The Meals on Wheels of Contra Costa, Inc., (MOW) has updated the website in order to reach out to more do- nors. A generous donation was received from T.J. Long foundation. The 2nd quarter MOW meals services report noted a14% increase in senior meals compared to the same period last year. The first day of the new fiscal year, MOW of CC, Inc. received a bequest of $106,000. A Summary of Direct Mail Donation through March 31, 2016 shows donations exceeding $400,000 from Holiday Appeals. Projects the MOW Board is working on include MailChimp to begin our first online newsletter, ride-alongs for elected officials in West and East County and (3) grant proposals prepared and submitted with personalized calls and thank you notes to high-end donors. 2017 Work Plan  Increase participation in all Contra Costa cafes  Increase awareness of socialization benefits of participation  Raise awareness of cafe sites  Recruit volunteer drivers to serve homebound elders Gail Garrett Nutrition Council President Advisory Council on Aging Representative February 7, 2017 Contra Costa County Board of Supervisors Minutes 1164 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1165 RECOMMENDATION(S): ACCEPT the 2016 Annual Report for the Arts and Culture Commission of Contra Costa County (AC5). FISCAL IMPACT: None. BACKGROUND: On June 18, 2002, the Board of Supervisors adopted Resolution No. 2002/377, which requires that each regular and ongoing board, commission, or committee shall annually report to the Board of Supervisors on its activities, accomplishments, membership attendance, required training/certification (if any), and proposed work plan or objectives for the following year. The attached report fulfills this requirement for AC5, which was approved by AC5 at their January 11, 2017 meeting. CONSEQUENCE OF NEGATIVE ACTION: The annual reporting requirement to the Board of Supervisors would not be fulfilled. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Enid Mendoza, (925) 335-1039 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.104 To:Board of Supervisors From:David Twa, County Administrator Date:February 7, 2017 Contra Costa County Subject:2016 Annual Report for the Arts and Culture Commission of Contra Costa County February 7, 2017 Contra Costa County Board of Supervisors Minutes 1166 ATTACHMENTS AC5 2016 Annual Report to BOS February 7, 2017 Contra Costa County Board of Supervisors Minutes 1167 ARTS AND CULTURE COMMISSION OF CONTRA COSTA COUNTY 651 PINE STREET, 10TH FLOOR, MARTINEZ, CA 94553 STAFF@AC5.CCCOUNTY.US (925) 646-2278 AC5.ORG Advisory Body: Arts and Culture Commission of Contra Costa County Meeting Time: Second Wednesday of the Month, conference room, Office of Communications and Media, 10 Douglas Drive, Suite 210, Martinez Chair: Commissioner Teresa Snook O’Riva Staff person: Roger Renn, Managing Director Reporting Period: January 1, 2016 – December 31, 2016 I. Activity Increased funding from the County and the California Arts Council in 2016 has allowed the Arts and Culture Commission (AC5) to advance the arts and culture in Contra Costa County. AC5 developed a new program utilizing the Veterans Initiative in the Arts grant, continued to increase high school participation in the Poetry Out Loud Competition, drew in county partners to co-create Art Passages exhibits, and expanded the Arts Recognition Awards and program to reach a broader Contra Costa Arts community. The Commission obtained a quorum for all but one meeting called during the year, filled every Commission seat in all five districts, participated in many seminars and conferences and increased work hours for the Managing Director. II. Accomplishments With county funding of $14,000, and $29,030 grant funding from the State*, the Commission was able to accomplish its mission of “advancing the arts in a way that promotes communication, education, appreciation and collaboration throughout Contra Costa County so that we may grow creatively as a community that preserves and celebrates our diverse cultural expression.” ABOUTFACE: Building Self-understanding through Self- expression: AC5 has been awarded a Veterans Initiative in the Arts grant for a second year. Working with our Veterans Services Office, AC5 was able to engage veterans in painting self-portraits during the months of February and March, 2016. The workshops offered veterans an opportunity to explore portrait painting as a way of self- expression. Fifteen portraits were exhibited in libraries throughout the county allowing us to extend our Art Passages exhibition program. ABOUTFACE was well received and considered an exemplary program by the California Arts Council. * These figures represent amounts for the County’s fiscal year 2015-16, State grant cycles dates differ. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1168 Poetry Out Loud has been a well-received program in the Contra Costa high schools for the past ten years. Our Poetry Out Loud (POL) program coordinator, Robin Moore, not only started the program, but continues to champion the POL program as Coordinator. Her dedication has expanded the program to 16 schools, our largest participation of schools to date. It was rewarding to have Delta Vista High School, at the Orin Allen Youth Rehabilitation Facility in Byron, participating for their third year. Kiara Chatman, a junior at Deer Valley High in Antioch, took first place in Contra Costa Poetry Out Loud County finals. The competition emphasizes language skills and public speaking. In a close race, the runner-up position went to junior Chloe Dichoso from Salesian College Preparatory in Richmond, and third place to senior Madeline Zeiger from Las Lomas High in Walnut Creek. Our county is the third largest program of the 40 participating counties in California. Arts Cafés were offered in conjunction with other arts groups throughout the county. In February American folk artist Howard Finster was featured, drawing over 300 visitors. Works were drawn from the Pattie Family Collection of American Folk Art. The Café was part of a monthly art walk event in Martinez. AC5 hosted a talk by Steven Pattie, Executive Producer and Program Creator of the film I Can Feel another Planet in My Soul: Strange Visions. Wondrous Art, the Remarkable World of Howard Finster. The documentary was shown during the talk. Art Passages offered five exhibits this year as we expanded our partnership with both the art community and county committees and departments. The 19th Annual Art of Living Black featured 60 artists and continued a long term partnership with the Richmond Art Center to bring a richness and diversity of creative expression to the Bay Area. The exhibit ran from Jan 15 through February 29th. Another exhibit, Rock Posters from the 60’s, included archival prints from two private collections in Contra Costa County. The exhibit showcased many folk-rock festival posters where the concert took place in the East Bay. AC5 worked with groups like the Cesar E. Chavez Celebration committee, the Elections Division, and the Food Bank to bring understanding of cultural and civic minded events to the community. Visual displays were created for the County Administration Building hallway on the main floor. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1169 Arts Recognition Awards were awarded to five outstanding artists in 2016. The commissioners worked hard to coordinate the nomination process, find outside judges, and present hand- made glass awards to an increased number of artists who have advanced the appreciation of arts and culture in Contra Costa County. Awards went to: The Richmond RYSE Center - The center works with youth from distressed parts of the City of Richmon d. Sylvia Amorino and Solo Opera – Ms. Amorino brings operas to youth and seniors through concerts and collaborates with local children’s choruses. Michael and Shannon Demers - The Demers are the backbone of Contra Costa Musical Theatre and share their skills with theatre production teams throughout the county. Jay Bedecarre – Mr. Bedecarre has been involved in the County Art scene since 1974. He was the Marketing Director for the Concord Pavilion and now presents the annual KidsFest in Concord. Lawrence Kohl – Mr. Kohl was president of the Orinda Art Council, as well as music director and conductor of the Pacific Chamber Symphony. He recently led the expansion of the Orinda Art Council to become the Lamorinda Arts Council. III. Attendance/Representation AC5 Commission Meeting Attendance for 2016 Name % JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC District 1 Silvia Ledezma 80%     District 2 Lore Konieczny 60%       District 3 P.J. Shelton 18%   District 4 Elizabeth Wood 91%           District 5 Tess O’Riva 100%            At Large Y’Anad Burrell 45%      Geoffrey Meredith 82%          Alternate Cindy McCann 55%      Managing Director Roger Renn 91%          TOTAL 4 5 5 6 5 5 6 4 5 4 4 4 CANCELED 8% CANCELED AC5 held eleven meetings in 2016. Meetings had been canceled 50% of the time in 2015 due to a lack of a quorum. In 2016 the Commission met every month, except September, with every seat filled for the last six months. One Commissioner had a 100% attendance record. Due to employment commitments one Commissioner only attended two Commission meeting. The AC5 Commission represents all the art disciplines, except music. Commission Seats were filled by qualified citizens applying from all over the county. AC5 meets monthly. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1170 Meetings had a quorum per Brown Act and the Better Government Ordinance and met eleven times during the course of 2016. I. Training/Certification Commissioners and staff participated in many seminars and conferences that included administrative training and professional development during the past year. Three Commissioners attended the California Arts Council Confluence 2016, a state-wide gathering of Arts Commissions. Three Commissioners attended the Stanford Arts & Health California Conference held in March. Our Chair, Snook O’Riva attended the Youth Summit sponsored by Supervisor Federal D. Glover. Several Commissioners attended the Arts Education Seminar in Napa. The Managing Director attended CREAT/CA in Fresno, a statewide Arts Education Coalition and the 2016 Philanthropy Symposium sponsored by JFK University. New Commissioners received an orientation which included viewing Brown Act and Better Government Ordinance, What You Need to Know presentation and viewing of the Ethics Orientation for County Officials presentation. All Commissioners update their Brown Act Training annually. II. Proposed Work Plan / Objectives for 2017 Our California Arts Council State-Local Partnership Grant application received a score of eight out of ten (up from 7 last year). AC5 sees a robust engagement with Arts and Culture providers throughout the county in 2017. As stated in our State-Local Partnership grant application, AC5 hopes to:  Serve as a resource to local cultural organizations by partnering with them to offer Arts Cafés.  Continue our support of Veterans by offering four ABOUT FACE painting workshops in the spring.  Foster diversity of artistic communities and ensure equity by expanding Public Arts programs. With the success of Art Passages AC5 hopes to explore a college internship position that would make our gallery shows more professional and foster art education for our youth.  Recognize our entire geography, embracing members of all cultural backgrounds by honoring individual artists and organizations at a special Arts Recognition Awards celebration in the fall of 2017. The Arts and Culture Commission deeply respects and appreciates the County’s desire to promote arts education, celebrate the artists in our midst, and build our community through the arts. AC5 Commissioners look forward to serving our community in 2017. In 2016 AC5 updated its logo. With our new branding, the Commission hopes to bring about a new awareness of the importance of the Arts and culture in Contra Costa. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1171 RECOMMENDATION(S): ACCEPT report presented at Board of Supervisors retreat on January 31, 2017 covering new Public Safety building and Emergency Operations Center, new Administration building and Capital Facilities Plan policies for next five years. APPROVE Option 1 as the preferred site for the new Public Safety building and the new Emergency Operations Center as shown and discussed at the Board retreat on January 31, 2017. APPROVE Site A as the preferred site for the new Administration Building, with Site C as the alternate site, as shown and discussed at the Board retreat on January 31, 2017. AUTHORIZE the Public Works Director, or designee, to negotiate contracts for additional design services and bridging documents with RossDrulisCusenbery Architecture, Inc. for the Public Safety/EOC project. AUTHORIZE the Public Works Director, or designee, to negotiate contracts for additional design services and bridging documents with KMD Architects for the new Administration building project. AUTHORIZE the Public Works Director, or designee, to issue a Request for Proposals (RFP)/Request for Qualifications (RFQ) for a construction management firm or firms to assist with management of the two projects. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Eric Angstadt 925.335.1009 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.109 To:Board of Supervisors From:David Twa, County Administrator Date:February 7, 2017 Contra Costa County Subject:Accept Report on New Administration Building, New Emergency Operations Center/Public Safety Building and Confirm Guidance Given at Board Retreat February 7, 2017 Contra Costa County Board of Supervisors Minutes 1172 RECOMMENDATION(S): (CONT'D) AUTHORIZE the Public Works Director, or designee, to issue a Request for Proposals (RFP)/Request for Qualifications (RFQ) for a design-build contractor for the new Public Safety building and the new Emergency Operations Center. AUTHORIZE the Public Works Director, or designee, to issue a Request for Proposals (RFP)/Request for Qualifications (RFQ) for a design-build contractor for the new Administration Building. FISCAL IMPACT: There is no direct fiscal impact from the actions at this time. The selection of firms and contracts will be brought to the Board for approval and award at future meetings. It is anticipated that all contracts will be paid through the financing mechanism selected for the projects and that debt service on that mechanism will be from the General Fund. BACKGROUND: As presented during the Board retreat on January 31, 2017 the County will construct two new buildings to replace older existing structures that are functionally obsolete and not economically feasible to renovate. The firm of RossDrulisCusenbery Architecture, Inc. was chosen through a competitive request for qualifications process to develop options for a new Public Safety and Emergency Operations Center. The Board considered three options and selected Option 1 as the preferred location for the new project. It is recommended the Board retain RossDrulisCusenbery to complete the next phase of design work and complete the bridging documents necessary to construct the project based on a contract and scope of work to be negotiated by the Public Works Director or her designee. The firm of KMD Architects was likewise chosen through a competitive request for qualifications process to develop options for a new Administration Building to replace 651 Pine Street. The Board considered three potential sites and selected Site A in downtown Martinez as the preferred location for the new project. The Board did discuss that Site A would require the active and willing participation of the City of Martinez to construct in the proposed time frame. It is recommended the Board retain KMD Architects to complete the next phase of design work and complete the bridging documents necessary to construct the project based on a contract and scope of work to be negotiated by the Public Works Director or her designee. Finally, in order to bring the projects to completion quickly and take advantage of the positive interest rate environment that currently exists for financing infrastructure, staff was directed to begin the competitive selection process to obtain the other services necessary to complete the buildings. These include a construction management firm to represent the County and assist staff in managing the construction process for the two projects and selecting a design-build contractor for each project. CONSEQUENCE OF NEGATIVE ACTION: Not approving these actions could lead to increases in the cost of the projects through continued escalation of construction costs and borrowing costs, especially in the form of rising interest rates. ATTACHMENTS Capital Facilities Plan February 7, 2017 Contra Costa County Board of Supervisors Minutes 1173 CAPITAL FACILITIES PLANADMINISTRATION BUILDING PUBLIC SAFETY BUILDING & EOCJANUARY 31, 2017February 7, 2017Contra Costa County Board of Supervisors Minutes1174 Today’s AgendaPublic Safety Building and EOCNew Administration BuildingCounty Facility Plan PoliciesFinancing OptionsNext StepsFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1175 RossDrulisCusenberyArchitecture, Inc.CONTRA COSTA COUNTY OFFICE OF THE SHERIFFPUBLIC SAFETY BUILDING & EOC  February 7, 2017Contra Costa County Board of Supervisors Minutes1176 PROGRAM & OPERATIONAL SUMMARY∙Relocates Sheriff's Administration Offices from651 Pine Street∙Centralize Sheriff's Field Operations with Administration & Emergency Services Division∙Three Options Studied∙Option One ‐Muir Site Preferred∙Initial Program: 47,171 SF∙Current Program: 35,787 SF February 7, 2017Contra Costa County Board of Supervisors Minutes1177 COUNTY WIDE AERIAL MAPCOUNTY WIDE AERIAL MAP4680February 7, 2017Contra Costa County Board of Supervisors Minutes1178 CAMPUSFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1179 CAMPUS AERIAL PHOTOFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1180 THREE OPTIONS STUDIEDFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1181 OFFICE OF THE SHERIFF FUNCTIONSFIELD OPERATIONSCOMMUNICATIONSEOCADMINISTRATIONCORONERFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1182 SITE MASSING MODELFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1183 ENLARGED MASSING MODELFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1184 PROPOSED DEMOLITION PLANFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1185 OFFICE OF THE SHERIFF FUNCTIONSPROPOSED SITE & NEW BUILDINGSFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1186 CONTRA COSTA COUNTY OFFICE OF THE SHERIFFPUBLIC SAFETY BUILDING & EOC QUESTIONS? February 7, 2017Contra Costa County Board of Supervisors Minutes1187 NEW ADMINISTRATIONBUILDINGFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1188 Site Context & Existing ConditionsView from northView from eastSouth FacadeEast EntranceFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1189 Site Context & Existing ConditionsMain EntranceFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1190 Existing ConditionsLack of visual filtersFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1191 Existing ConditionsNo man’s landFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1192 Existing ConditionsInsufficient / inappropriate storageFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1193 Existing ConditionsJob interview?February 7, 2017Contra Costa County Board of Supervisors Minutes1194 Existing Conditions“daisy chains” and “monuments”February 7, 2017Contra Costa County Board of Supervisors Minutes1195 Existing ConditionsShared amenitiesFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1196 Existing ConditionsNo man’s land – no light or viewsFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1197 Existing ConditionsNo daylight & views, neither private or openFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1198 Existing ConditionsGloomy and limited conferencingFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1199 County-owned Sites for ConsiderationABC3MilesSITE A. ESCOBAR STREET AT HEART OF GOVERNMENTAREASITE B. BETWEEN ESCOBAR ANDMAIN STREETSSITE C. ALONG ARNOLD DRIVE, ISOLATED FROM GOVERNMENT AREA IN DOWNTOWN MARTINEZMAIN TRAFFIC ROUTES FROM MAJOR FREEWAYS*AB651 PINE ST. EXISTINGFACILITIESSITE A. ESCOBAR STREET AT HEARTOF GOVERNMENTAREASITE B. BETWEEN ESCOBAR AND MAINSTREETSMAIN FLOW IN AND OUTOF DOWNTOWNMARTINEZ*CSITE C. ALONG ARNOLD DRIVE,AWAY FROM GOVERMENT ZONE IN DOWNTOWNMARTINEZMAIN FLOW FROM FREEWAY68068044Macro location of downtown sites A and B, and hill siteCLocation and accessibility of siteCLocation and accessibility of sites A andBTwo Downtown SitesSite A Parking lots between Escobar and Marina VistaSite B Parking lot behind 651 Pine One Site Outside DowntownSite C On the hill off Arnold DriveFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1200 OptionAPSITE. JOINS TWO SITES AND CLOSES PINE STREETPARKING. SLOPES IN THE LONG DIRECTION. IDEAL FORPARK-ON-SLOPE STRUCTUREACCESS. ACCESS POSSIBILITIES TO DIFFERENT LEVELSEGRESS. STRATEGICALLY LOCATED TO MINIMIZE TRAFFIC IMPACTTRAFFIC MITIGATION. BY ALLOWING DIRECT FLOW THROUGH SITE FROM PARKING AND ESCOBAR STREETFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1201 Option BPSITE. SQUARE-LIKE SHAPE. SLOPES IN THE LONGER DIRECTIONPARKING. NARROW SITE. PROMINENT LOCATION. CONSTRAINED FOR PARKINGACCESS. ACCESS POSSIBILITIES TO DIFERENT LEVELSEGRESS. STRATEGICALLY LOCATED TO MINIMIZE TRAFFIC IMPACTTRAFFIC MITIGATION. BY ALLOWING DIRECT FLOW THROUGH PARKING SITE AND BUILDING SITEFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1202 Option CSITE. GENEROUS SIZE. OFFERS FLEXIBILITY FOR BUILDING PLACEMENT AND ORIENTATIONPARKING. SURFACE PARKINGACCESS.PRE-DEFINEDEGRESS.PRE-DEFINEDBUILDINGFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1203 OPTIONAMain St.CountyFinanceBuildingOldJailCountyCourt HouseFamily CourtsCommunity CollegeFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1204 OptionAVIEW FROM ESCOBAR STREET LOOKING NORTHFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1205 OptionAAERIAL VIEW LOOKINGNORTHFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1206 OptionAVIEW FROM MARINA VISTAAVEFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1207 OptionAVIEW FROM MARINA VISTAAVEFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1208 OptionANEW PLAZA AFTER OLD JAIL ANNEXDEMOLITIONFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1209 OptionAMAIN FACADE FROM ESCOBARSTREETFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1210 OptionAVIEW FROM PINE STREET AND ESCOBAR STREETFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1211 OptionAVIEW FROM PINESTREETFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1212 OptionAVIEW FROM ESCOBARSTREETFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1213 OptionAAERIAL VIEW LOOKINGNORTHFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1214 PINESTESCOBARSTCOURTSTNEWSTMAIN STSITEPLANOptionAFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1215 OptionA00208040GROUNDFLOORCLERK’SOFFICEMWDISTRICTSUPER-VISORSMECH BULKSTORAGEBOARDCHAMBERMECHLAFCOSTAFF SHWRFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1216 OptionA00208040BOARD CHAMBER BELOWMWBENEFITS HRADMINPERSONNELSERVICESINTERVIEWSECONDFLOORFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1217 00208040COUNTY COUNSEL OFFICESCONFERENCECENTERCOUNTY COUNSEL OFFICESMWTHIRDFLOOROptionAFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1218 00208040COUNTYADMINSTRATIONMWLABORRELATIONSBALCONYSTAFF AMENITYFOURTHFLOOROptionAFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1219 OptionASOUTH ELEVATION - URBAN RELATIONSHIPSWEST ELEVATION - URBANRELATIONSHIPSFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1220 County AdministrationCounty Counsel OfficesBenefitsHRAdminDistrictSupervisors432GClerk’s OfficeBoardChamberLabor RelationsFileStoragePersonnel Services  LAFCOMechanicalStaffAmenityConference CenterInterviewsLobbyLobbyOptionABUILDING CROSSSECTIONSTACKINGDIAGRAMFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1221 OptionA165stalls120stalls35 stallsG+1SURFACE00208040PARKING STRUCTURE SOUTHELEVATIONPARKING STRUCTURE LONGITUDINALSECTIONFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1222 OPTION BCountyFinanceBuildingOldJailFamily CourtsCountyCourt HouseCommunity CollegeMain St.February 7, 2017Contra Costa County Board of Supervisors Minutes1223 Option CFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1224 VIEW FROM MAIN STREET LOOKINGNORTHOption CFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1225 VIEW FROM HIGHWAY 4 LOOKINGWESTOption CFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1226 Option CVIEW FROM PARKING LOOKING EASTFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1227 Option CVIEW FROM MAIN ENTRANCEPLAZAFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1228 Option CAERIAL VIEW LOOKINGNORTHFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1229 Option CVIEW OF ENTRYPLAZAFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1230 Option CVIEW OF ENTRY PLAZA -NIGHT TIMEFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1231 Option CVIEW FROM PARKING LOT LOOKING EASTFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1232 Option CVIEW FROM PARKING LOT LOOKINGSOUTHView from parking looking southFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1233 Option CSITEPLANFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1234 GROUNDFLOOR00208040DISTRICTSUPERVISORSMWBOARD CHAMBERCONFERENCE CENTERMECHANICALCLERK’SOFFICEBULKSTORAGETERRACECAFETERIASTAFF SHWRLAFCOOption CFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1235 00208040MWBENEFITSCOUNTY COUNSELOFFICESHRADMINPERSONNEL SERVICESINTERVIEWFIRSTFLOOROption CFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1236 00208040MWROOFTERRACECOUNTYADMINISTRATIONROOFLABORRELATIONSSTAFF AMENITYBALCONYTHIRDFLOOROption CFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1237 Option CROOFPLANFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1238 Option C00204080SOUTHELEVATIONWESTELEVATIONFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1239 LAFCOCounty Administration  BenefitsHRAdminPersonnelServices32GClerk’sOfficeDistrict SupervisorsBoardChamberLaborRelationsFileStorageStaffAmenityInterviewsConferenceCenterCounty Counsel Offices  CafeteriaMechanicalBUIDLIGN CROSSSECTIONSTACKINGDIAGRAMOption CFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1240 NEW ADMINISTRATIONBUILDINGQUESTIONS?February 7, 2017Contra Costa County Board of Supervisors Minutes1241 Contra Costa County Government Facilities Master Plan CIP BOS Meeting| January 31, 201769Capital Facilities PlanJanuary 31, 2017February 7, 2017Contra Costa County Board of Supervisors Minutes1242 Contra Costa County Government Facilities Master Plan CIP BOS Meeting| January 31, 201770Purpose Driven DesignFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1243 Contra Costa County Government Facilities Master Plan CIP BOS Meeting| January 31, 201771County Facilities•At Least:•330 Owned or Leased Buildings•3.1 million gross square feetFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1244 Contra Costa County Government Facilities Master Plan CIP BOS Meeting| January 31, 201772Health Services38%Employment & Human Services20%Sheriff12%Public Works5%Probation4%County Asset Gross SF by Department(Owned & Leased)Health ServicesEmployment & Human ServicesSheriffPublic WorksProbationLibraryLeased by VeteransConservation and DevelopmentDistrict AttorneyAnimal ServicesPublic DefenderClerk-RecorderInformation TechnologyVacantRisk MgmntAssessorSuperior CourtsHuman ResourcesCounty CounselCounty AdministrationTreasurer - Tax CollectorAuditor - ControllerCommunity ServicesBoard of SupervisorsFire Protection DistrictsDepartment of Child DevelopmentOthersAgriculture DepartmentVeterans Service78% of Total GSFCounty Asset StatisticsFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1245 Contra Costa County Government Facilities Master Plan CIP BOS Meeting| January 31, 201773Before End of 201825%Between 2018 & 202322%After 202350%Month to Month / Year to Year3%County Leased Assets Monthly Rent by Lease Term/PeriodBefore End of 2018Between 2018 & 2023After 2023Month to Month / Year to YearLease Term ExpirationCounty Asset StatisticsFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1246 Contra Costa County Government Facilities Master Plan CIP BOS Meeting| January 31, 201774Policies for Next 5 Years1. Reduce owned inventory2. Prioritize leasing over owning/building3. Prioritize multi use space versus single owner space4. Retain a percentage of funds from property sales for capital projectsFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1247 Contra Costa County Government Facilities Master Plan CIP BOS Meeting| January 31, 201775Priorities  for Next Year1. Management structure2. Information system(s)3. Initial Property Disposal ListFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1248 Contra Costa County Government Facilities Master Plan CIP BOS Meeting| January 31, 201776AMI: Asset Management InventoryGoal•Data centralization -Dashboards to view data analysis•Capital spending forecasting tool using historic cost data•Information data analysis to support decision making - model and forecast scenarios and anticipate needs•Effective asset managementForecast Model: Forecasting maintenance and CI spending for County owned buildings RS Means Construction IndexCurrent Replacement Value (CRV)Forecast modelMaintenance & Capital Improvement CostsFacility Condition Assessment (FCA)1234February 7, 2017Contra Costa County Board of Supervisors Minutes1249 Contra Costa County Government Facilities Master Plan CIP BOS Meeting| January 31, 201777050000001000000015000000200000002500000030000000350000002006‐2007 2007‐2008 2008‐2009 2009‐2010 2010‐2011 2011‐2012 2012‐2013 2013‐2014 2014‐2015 2015‐20168085111Cumulative2% Line 750 millionFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1250 Contra Costa County Government Facilities Master Plan CIP BOS Meeting| January 31, 201778Questions?February 7, 2017Contra Costa County Board of Supervisors Minutes1251 Financing OptionsBonds$100 Million 20 years 3.59% $7.09 million annuallyPrivate Placement$100 Million 15 years 2.8% $8.26 million annuallyFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1252 Design-Build DeliveryFebruary 7, 2017Contra Costa County Board of Supervisors Minutes1253 Next Steps•Board Order February 7–Confirm Board Guidance–Bridging Architect contracts–RFP/RFQ Construction Management Firm–RFP/RFQ Design‐Build Contractors–Reimbursement Resolution•Town Hall Meeting February 8   6‐8 pmBoard Chambers•Martinez City Council February 15February 7, 2017Contra Costa County Board of Supervisors Minutes1254 RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Conservation and Development, or designee, to allow the rental of property owned and currently occupied by Raymond Hui Tong located at 200 Channi Loop in unincorporated Danville, for up to two (2) years. FISCAL IMPACT: No fiscal impact. BACKGROUND: On July 9, 2002, the Board of Supervisors approved the Camino Tassajara Affordable Housing Program (CTAHP). The CTAHP sets forth requirements to be met by the Camino Tassajara developers (Shapell, Braddock and Logan, and Ponderosa Homes). On January 9, 2006, Shapell and the County entered into a Developer Sales Agreement (Agreement). This Agreement placed conditions on the 127-unit townhome development known as Willow at Alamo Creek. All 127-units were required to be sold to moderate-income homebuyers. In addition, the Agreement stated that all buyers must enter into a Buyer's Resale Restriction Agreement (Resale Agreement) with the following requirements: - The units would have 20 year resale restrictions; - The homes must be sold at a restricted price to an income eligible buyer ("Eligible Purchaser"); and - The units must be owner occupied for 20 years. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Alicia Smith 925-674-7885 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: C.106 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 7, 2017 Contra Costa County Subject:Allow Property Rental at 200 Channi Court in Danville February 7, 2017 Contra Costa County Board of Supervisors Minutes 1255 BACKGROUND: (CONT'D) The owner of 200 Channi Loop, Raymond Hui, purchased the property in April of 2008, at which time he signed the resale agreement. The family needs to relocate to Vietnam on a temporary basis for employment. The family intends to move back into the 200 Channi Loop residence within two years. In view of the applicable deed restrictions, the owner is seeking authorization from the County to rent the unit. The term of this temporary rental shall be for up to two (2) years. Monthly rents shall not exceed current mortgage payments including taxes and insurance. The new tenant shall not be entitled to relocation expenses when the lease terminates. The unit must remain affordable for another moderate-income homebuyer. Due to the family's temporary move to Vietnam, staff recommends that the County allow them to rent out their home. CONSEQUENCE OF NEGATIVE ACTION: Should this not be approved, the property owner would not be allowed to rent this unit. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1256 RECOMMENDATION(S): Receive the 2016 Annual Report submitted by the Bethel Island Municipal Advisory Council, as recommended by Supervisor Diane Burgis. FISCAL IMPACT: None. BACKGROUND: On December 16, 2008, the Board of Supervisors adopted policies for Municipal Advisory Councils requiring all MAC's to submit annual reports. The reports (attached include summaries of actions for 2016 and 2017 objectives. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: LEA CASTLEBERRY (925) 252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 99 To:Board of Supervisors From:Diane Burgis, District III Supervisor Date:February 7, 2017 Contra Costa County Subject:BETHEL ISLAND 2016 ANNUAL REPORT February 7, 2017 Contra Costa County Board of Supervisors Minutes 1257 ATTACHMENTS Bethel Island MAC 2016 Annual Report February 7, 2017 Contra Costa County Board of Supervisors Minutes 1258 1 The Bethel Island Municipal Advisory Council serves as an advisory body to the Contra Costa County Board of Supervisors and the County Planning Agency. 2016 Annual Report to the Board of Supervisors Prepared by: Office of Supervisor Diane Burgis, Lea Castleberry Submitted by: Pam Allen, Chairperson Activities and Accomplishments The primary goals of the Bethel Island MAC in 2016 were to increase community awareness and participation at the monthly MAC meetings and to represent the community’s interests, concerns and voice for the Board of Supervisors. The MAC received informative presentations and provided thoughtful feedback on matters that impact Bethel Island and look forward to receiving additional updates in 2017: • Feb: Randy Sawyer, Chief Environmental Health and Hazardous Materials Officer regarding the County’s Hazardous Materials Program • Mar: Larry Tolson, Code Enforcement Officer regarding Code Enforcement issues on the Island • May: Mary Halle, Senior Civil Engineer, Public Works Department regarding Bethel Island’s Area of Benefit Overview • May: Monish Sen, Senior Civil Engineer, Public Works Department regarding Transportaion Updates to the Island • May: Beth Ward, Director, Animal Services Department regarding Introduction and Department Overview The MAC’s activities and efforts have resulted in improvements and changes in 2016: • A successful Community Clean-Up Day was held August 13, 2016. The Brentwood Disposal Company donated dumpster bins and staff time for the event. The community cleanup was free of charge to all Bethel Island residents. Bethel Island Municipal Advisory Council Pam Allen, Chair Supervisor Diane Burgis, District III Lea Castleberry, Deputy Chief of Staff 3361 Walnut Blvd., Ste 140 Brentwood, CA 94513 (925) 252-4500 Lea.Castleberry@bos.cccounty.us February 7, 2017 Contra Costa County Board of Supervisors Minutes 1259 Bethel Island MAC 2016 Annual Report and 2017 Work Plan 2 • Hosted the 2016 Bethel Island Health and Safety Fair • Continuing to work on projects for the community with the PG&E Mitigation Funds • Continuing to work on the installation of the “Dry Hydrant” program. • Continuing to work with East Contra Costa Fire Protection District promoting the sale and installation of reflective house number signs. • Continuing to promote and expand the Heart Safe Communities program. • Continuing to work with the Bethel Island Municipal Improvement District on services and funding for the Bethel Island community park. • Continuing to work with the Sheriff’s Department, East Contra Costa Fire Protection District and California Highway Patrol on safety concerns within the Bethel Island community. The MAC receives monthly reports from the following agencies: • California Highway Patrol – Officer Donnie Thomas • Contra Costa Sheriff’s Department – Tony Fontenot, Crime Prevention Specialist • East Contra Costa Fire Protection District – Fire Chief Hugh Henderson • Office of Supervisor Diane Burgis – Lea Castleberry, Deputy Chief of Staff The MAC has become a place where Bethel Island residents can receive updated information on services provided by Contra Costa County and/or other local agencies such as public health, safety, welfare, public works and planning. 2016 Membership Chair, Pam Allen Vice Chair, Belinda Bittner Councilmember, Bob Cameron (resigned June 2016) Councilmember Mark Whitlock (September 2016 – current) Councilmember, Ken Quick Councilmember, Jim Montgomery (April 2013 – April 2015) Councilmember, Rob Brunham (June 2015 – current) Attendance in 2016 January - Councilmember Cameron Absent February – Councilmember Brunham Absent March - Councilmember Brunham Absent April - Councilmember Cameron Absent May – Vice Chair Bittner and Councilmember Cameron Absent June - Councilmember Cameron Absent July – No Absences August – No absences September – No absences February 7, 2017 Contra Costa County Board of Supervisors Minutes 1260 Bethel Island MAC 2016 Annual Report and 2017 Work Plan 3 October – Meeting cancelled November – No absences December – Vice Chair Bittner MAC Work Plan and Objectives for 2017 The Bethel Island MAC priorities for 2017 will continue to provide the community with the opportunity to communicate with the various County Departments. We will work to schedule pertinent and informative speak presentations at the monthly meetings. We will continue to work on items including: 1. Reflective Address Signs 2. Code Enforcement Priorities 3. Dry Hydrants 4. Outreach to the local mobile home parks 5. Heart Safe Communities Program 6. Transportation Outreach 7. Public Safety Outreach The Bethel Island MAC is scheduled to meet on the 2nd Tuesday of the month at 6:00p.m. at the Bethel Island Municipal Improvement District Office located at 3085 Stone Road. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1261 RECOMMENDATION(S): CONTINUE the emergency action originally taken by the Board of Supervisors on November 16, 1999 regarding the issue of homelessness in Contra Costa County. FISCAL IMPACT: None. BACKGROUND: On November 16, 1999, the Board of Supervisors declared a local emergency, pursuant to the provisions of Government Code Section 8630 on homelessness in Contra Costa County. Government Code Section 8630 requires that, for a body that meets weekly, the need to continue the emergency declaration be reviewed at least every 14 days until the local emergency is terminated. In no event is the review to take place more than 21 days after the previous review. On January 17, 2017 the Board of Supervisors reviewed and approved the emergency declaration. With the continuing high number of homeless individuals and insufficient funding available to assist in sheltering all homeless individuals and families, it is appropriate for the Board to continue the declaration of a local emergency regarding homelessness. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Enid Mendoza, (925) 335-1039 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 89 To:Board of Supervisors From:David Twa, County Administrator Date:February 7, 2017 Contra Costa County Subject:Continue Extension of Emergency Declaration Regarding Homelessness February 7, 2017 Contra Costa County Board of Supervisors Minutes 1262 RECOMMENDATION(S): Approve and authorize, the Health Services Director, or his designee, to execute contract #23-515-2 with California Shock Trauma Air Rescue (CALSTAR), a non-profit corporation, to provide air ambulance patient transport services, as requested by County Emergency Medical Services (EMS) Division, for the period from January 1, 2017 through December 31, 2019. FISCAL IMPACT: This is a non-financial agreement. The Contractor agrees to pay the required initial and the renewal authorization fees as specified in the Contra Costa EMS Agency Fee Policy for each year of this agreement. BACKGROUND: On January 6, 2015, the Board of Supervisors approved Contract #23-515-1 with CALSTAR, for the provision of air ambulance patient transport services, within the jurisdiction of Contra Costa County without interruption, twenty-four (24) hours per day, seven (7) days per week, and fifty-two (52) weeks per year. This Contractor is recognized as a multi-jurisdictional air provider, whose jurisdiction of origin is headquartered out of Sacramento County with a base of operations in Concord, Vacaville and Sacramento. Contractor worked cooperatively with the EMS APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Frost 925-313-9554 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: D Morgan, M Wilhelm C. 95 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Contract #23-515-2 with the California Shock Trauma Air Rescue (CALSTAR) February 7, 2017 Contra Costa County Board of Supervisors Minutes 1263 BACKGROUND: (CONT'D) Agency, allowing the County’s EMS Division, to utilize air ambulance patient transport services through December 31, 2016, including mutual indemnification to hold harmless both parties for any claims arising out of the performance of this Contract. Approval of Contract #23-515-2 will allow the Contractor to continue to provide ambulance patient transport services through December 31, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County EMS Division will not be able to utilize the vendor’s service and the County will have to find other means of patient transport services within the jurisdiction of Contra Costa County. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1264 RECOMMENDATION(S): Approve and authorize, the Health Services Director, or his designee, to execute Contract #23-518-2 with Reach Air Medical Services, a corporation, to provide air ambulance patient transport services as requested by County’s Emergency Medical Services (EMS) Division, for the period from January 1, 2017 through December 31, 2019. FISCAL IMPACT: This is a non-financial agreement. The Contractor agrees to pay the required initial and the renewal authorization fees as specified in the Contra Costa EMS Agency Fee Policy for each year of this agreement. BACKGROUND: On January 6, 2015, the Board of Supervisors approved Contract #23-518-1, with Reach Air Medical Services for the provision of air ambulance patient transport services, within the jurisdiction of Contra Costa County without interruption, twenty-four (24) hours per day, seven (7) days per week, and fifty-two (52) weeks per year. This Contractor is recognized as a multi-jurisdictional air provider, whose jurisdiction of origin is headquartered out of Sacramento County with a base of operations in Concord, Vacaville and Sacramento. Contractor will work cooperatively APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Frost, 925-313-9554 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Rolanda Hartfield, Deputy cc: D Morgan, M Wilhelm C. 94 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Contract #23-518-2 with the Reach Air Medical Services February 7, 2017 Contra Costa County Board of Supervisors Minutes 1265 BACKGROUND: (CONT'D) with the EMS Agency, allowing the County’s EMS Division, to utilize air ambulance patient transport services through December 31, 2016, including mutual indemnification to hold harmless both parties for any claims arising out of the performance of this Contract. Approval of Contract #23-518-2 will allow the Contractor to continue to provide ambulance patient transport services through December 31, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County EMS Division will not be able to utilize the vendor’s service and the County will have to find other means of patient transport services within the jurisdiction of Contra Costa County. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1266 RECOMMENDATION(S): APPROVE the local Workforce Development Board of Contra Costa as Adult and Dislocated Worker Career Services Provider as recommended by the Employment and Human Services Department Director. FISCAL IMPACT: Not applicable. BACKGROUND: Local Workforce Development Boards (Local Boards) are responsible for identifying eligible Adult and Dislocated Worker Career Services Providers. Local Boards are required to conduct an open and competitive process in order to select their American Job Center of CA (AJCC) operators. The Local Board has the flexibility to provide Adult and Dislocated Worker Career Services themselves, with agreement of the Chief Elected Official and Governor, or by awarding contracts. A Local Board or administrative entity may be designated as an Adult and Dislocated Worker Career Services Provider with the approval of the Chief Elected Official and the Governor. Approval under this provision would serve as agreement by the Governor and would exempt the Local Board from selecting Adult and Dislocated Worker APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Elaine Burres, 313-1717 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.103 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:February 7, 2017 Contra Costa County Subject:Designate the Workforce Development Board of Contra Costa as Adult and Designated Worker Career Services Provider February 7, 2017 Contra Costa County Board of Supervisors Minutes 1267 BACKGROUND: (CONT'D) Career Service Providers through the award of contracts by allowing them to fulfill the roles themselves. If the Local Board receives approval to be an Adult and Dislocated Worker Career Services Provider, the approval will be valid for a maximum of four (4) years, after which time, another application must be submitted. The Workforce Development Board of Contra Costa under the umbrella of Contra Costa County, has been operating four (4) One-Stop Career Centers, now AJCC, since 2000, and believes that the existing configuration has proven to be an efficient management structure of the One-Stop System, leveraging a broad range of diverse resources that benefit all customers at the AJCCs and has produced a high level of customer satisfaction. The County One-Stop System has continuously met or exceeded all Department of Labor performance measures over the years. CONSEQUENCE OF NEGATIVE ACTION: Without designation of the local Workforce Development Board as the Adult and Dislocated Worker Career Services Provider, a disruption of service provision may occur. CHILDREN'S IMPACT STATEMENT: February 7, 2017 Contra Costa County Board of Supervisors Minutes 1268 RECOMMENDATION(S): Accept the 2016 Annual Report from the Economic Opportunity Council Advisory Board for the period January 1, 2016 through December 31, 2016, as recommended by the Employment and Human Services Department Director. FISCAL IMPACT: None BACKGROUND: On June 18,2002, the Contra Costa County Board of Supervisors adopted Resolution No, 2002/377, requiring each regular and ongoing board, commission and/or committee annually report to the Board of Supervisors on the activities, accomplishments, membership attendance, required training and certification programs, and proposed work plan/objectives for the following year, The attached report fulfills that requirement for the Economic Opportunity Council Advisory Board. CONSEQUENCE OF NEGATIVE ACTION: The Economic Opportunity Council Advisory Board would be out of compliance. CHILDREN'S IMPACT STATEMENT: Not applicable. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: CSB (925) 681-6308 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Nancy Sparks, Christina Reich, Cassandra Youngblood C.100 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Date:February 7, 2017 Contra Costa County Subject:Economic Opportunity Council Advisory Board 2016 Annual Report February 7, 2017 Contra Costa County Board of Supervisors Minutes 1269 ATTACHMENTS 2016 EOC annual report February 7, 2017 Contra Costa County Board of Supervisors Minutes 1270 Contra Costa County Employment & Human Services Department Community Services Bureau 2016 Advisory Body Annual Report Advisory Body: Economic Opportunity Council (EOC) Meeting Time/Location: Every 2nd Thursday of the month/1470 Civic Court Ste. 200 Concord, CA Chair: Ajit Kaushal, Public Sector 4 Staff Support: Christina Reich, Division Manager, Nancy Sparks, Comprehensive Services Assistant Manager, Mele Tupou, Intermediate Clerk Reporting Period: January 2016 – December 2016 Recommendation ACCEPT the 2016 Annual Report of the Economic Opportunity Council Advisory Board. Activities  Executed contracts to the following agencies to provide services that address the EOC’s three priority areas of housing/shelter, jobs/employment training & food/nutrition. 1. Bay Area Legal Aid 2. Bay Area Community Resources 3. Contra Costa Interfaith Housing 4. Contra Costa Clubhouse 5. Contra Costa Health Services Homeless Program 6. Opportunity Junction 7. RYSE, Inc. 8. Shelter Inc. 9. STAND! For Families Free of Violence 10. White Pony Express Throughout 2016, EOC members and staff participated in various events and in the following activities:  The EOC hosted its first Roundtable event on January 28th with CSBG subcontractors. The group identified ways to assist one another in achieving and exceeding service outcomes. The event was praised by the subcontractors and planning for a second Roundtable will begin soon.  Responded to concerns over cuts in First Five funding for homeless families by developing a letter to the Board of Supervisors (BOS) asking for support given the recent loss of First 5 Contra Costa funding for the homeless population and the high cost of doing business. EOC Chair, Ajit Kaushal presented the letter during the budget discussion at the April 19, 2016 BOS meeting.  Armando Morales is a member of the Male Involvement group where he helps fathers stay active in their child’s life. The group also started the mosquito safety program at the Los Nogales Childcare center in Brentwood where he teaches children how to be safe from mosquitos during the warm months. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1271 Contra Costa County Employment & Human Services Department Community Services Bureau 2016 Advisory Body Annual Report  Cesar Zepeda and Neighborhood Councils organized the Food Emporium event at the Hilltop Lake Park in Richmond on October 26, 2016. The goal of the event is to encourage community and a space for families to commune will enjoying live music, food trucks, and games for kids.  CSB staff and EOC Members Muller-Beilschmidt and Zeimer held voter education and registration trainings to parents and community members.  Mele Lolohea and other CSB staff conducted on-site recruitments at One-Stop Centers to recruit new candidates for the CSB Clerical Assistant Trainee Program.  Morales and Zeimer participated in the Project Homeless Connect held at the Antioch Fairgrounds on October 13, 2016. Morales assisted by serving breakfasts to the clients and Zeimer assisted clients with voter registration. The event was a huge success with service providers assisting clients on-site with breakfast, identification cards, haircuts, dental services, medical care, voter registration, and more. Accomplishments  Three EOC members ran for office: Cesar Zepeda for Richmond City Council, Jelani Killings for Pittsburg City Council, and Juan Pablo Benavente for Concord City Council.  EOC Chair, Kaushal was invited by California Community Action Agency leaders to run for a seat on the National Community Action Partnership (CAP)Board.  At the May 10, 2016 Board of Supervisors, EOC members received a proclamation in recognition of Community Action Month.  Triennial Review of the Community Action Program began on October 31, 2016 and concluded on November 4, 2016. Analyst Cha Xiong, from California’s Department of Community Services and Development (CSD) spent the week reviewing fiscal and internal program files, fiscal reports, and interviewed both CSB staff and Community Services Block Grant (CSBG) subcontractors. During her visit, the Analyst also attended the 2016 Joint Training, the Economic Opportunity Council (EOC) Executive Committee meeting, and visited 2 CSBG subcontractors. The review concluded with an Exit interview where she praised the work of the CSBG subcontractors and Clerical Assistant Trainee program.  The Goverance Committee began major revisions to the EOC Bylaws. Committee members sought to clarify the authority and scope of EOC responsibilities and align the bylaws to the most recent federal statures governing Community Action Agencies.  Conducted onsite monitoring visits to all ten subcontractors. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1272 Contra Costa County Employment & Human Services Department Community Services Bureau 2016 Advisory Body Annual Report  Completed the 2017 RFI process awarding $394,972 in Community Services Block Grant (CSBG) dollars to the following subcontractors:  Bay Area Community Resources – Job Training  Bay Area Legal Aid – Housing and Food  Contra Costa Health Services Homeless Program – Housing and Food  Loaves and Fishes of Contra Costa – Food and Jobs  Opportunity Junction – Jobs  Shelter Inc. of Contra Costa – Housing and Food  STAND! – Housing, Food, and Jobs  The Contra Costa Clubhouses – Jobs and Food  White Pony Express – Food  Christina Reich, CSB Division Manager, was elected to the Executive Committee of Ensuring Opportunity, the collaborative effort to end poverty in Contra Costa County by addressing structural causes at the policy level.  205,000 pounds of fresh food was provided to the residents in Contra Costa County residents with CSBG subcontractor, White Pony Express.  885 low-income participants received Emergency Legal assistance through CSBG subcontractor, Bay Area Legal Aid.  2,013 Contra Costa County clients received energy assistance.  385 clients received food assistance through CSBG subcontractors, The Contra Costa Clubhouse Inc., Opportunity Junction, and Contra Costa Interfaith Transitional Housing.  410 clients received emergency shelter and transitioning housing through CSBG subcontractors, STAND! For Families Free of Violence, Contra Costa Interfaith Transitional Housing, and Health Services Homeless program.  EOC covered the cost of breakfast at the Project Homeless Connect on October 13, 2016 at the Antioch fairgrounds. Attendance/Representation  10 general business meetings were scheduled in 2016. Nine of the ten general business meetings achieved quorum.  Two new members were recommended for appointment: Bhupen Amin to the Private/Non-Profit Sector Seat No.1 and Juan Pablo Benavente to the Low-income Sector Seat No. 2. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1273 Contra Costa County Employment & Human Services Department Community Services Bureau 2016 Advisory Body Annual Report Training/Certification  EOC training was conducted on March 5, 2016 by John Health, Executive Director of California Community Action Partnership Association, and Sylmia Britt, Deputy Director of California Department of Community Services and Development. The purpose of the training was to gain a deeper understanding of the role of public Community Action Agencies. At the end of the training and orientation, EOC members were presented with a certificate of completion.  On November 2, 2016 Community Services Bureau (CSB), in conjunction with the Board of Supervisors, Economic Opportunity Council (EOC), and the Head Start Policy Council (PC) gathered for the 2016 Joint Training at the Hilton Hotel in Concord. Keynote speaker Jaime Harris, from Interaction Associates facilitated an exercise that demonstrated the importance of Shared Governance and the three dimensions of success.  Staff & EOC members, Mueller-Beilschmidt, Zeimer and Sewell attended the CalCAPA 2016 Poverty Summit on March 29, 2016.  EOC members Vidal, Kaushal, Zeimer and CSB staff Christina Reich and Mele Tupou attended the CalCAPA Annual Conference in Sacramento, CA, May 11th-May 13th 2016.  EOC member Kaushal and staff Reich and Sparks attended the annual CAP conference in Austin, TX, August 30-September 2, 2016. The conference offered more than 80 educational sessions in program, governance, and management of Community Action Agencies.  Strategic Planning Retreat held on August 27, 2016 was attended by 11 EOC members, 6 subcontractors, and CSB staff. The group worked together to identify and affirm strategies, actions, and performance indicators in the three priority areas. Proposed Work Plan/Objective for Next Year  Conduct public hearings throughout Contra Costa County to ensure increased community participation.  Develop 2018-2019 Community Action Plan  Implement the 2016 Organizational Standards in the areas of accountability and performance management  Fill five vacancies on the EOC: February 7, 2017 Contra Costa County Board of Supervisors Minutes 1274 Contra Costa County Employment & Human Services Department Community Services Bureau 2016 Advisory Body Annual Report  3 in the low income sector,  1 in the private/non-profit sector, and  1 public sector seat in District III. The EOC will continue to form strategic partnerships with community based organizations that share their goals and leverage the distribution of Community Services Block Grant Funds. The EOC is also committed to providing training to its members, as appropriate and available, to realize these goals. Finally, the EOC will continue its recruitment campaign to fill its remaining vacancies. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1275 RECOMMENDATION(S): 1. APPROVE request of property owner to place 2067 Alameda Diablo in the Diablo area onto the County Historic Resources Inventory, as recommended by the Historical Landmarks Advisory Committee; 2. ADOPT the recommendation of the Historical Landmarks Advisory Committee designating the single-family residence of 2067 Alameda Diablo in the Diablo area as a historical building of significance; 3. REFER the designation to the Contra Costa County Historical Society for inclusion in the County Historical Resources Inventory (HRI); 4. DETERMINE that the proposed actions are categorically exempt from the California Environmental Quality Act (CEQA Regs, Section 15331, Class 31); and 5. DIRECT the Department of Conservation and Development to file a Notice of Exemption under CEQA with the County Clerk. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dominique Vogelpohl, (925) 674-7814 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 92 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 7, 2017 Contra Costa County Subject:Historical Designation and Placement of 2067 Alameda Diablo onto the County Historical Resources Inventory (HRI), Diablo area. District III February 7, 2017 Contra Costa County Board of Supervisors Minutes 1276 FISCAL IMPACT: The applicant is responsible for application and processing costs for the nomination process. The designation and placement onto the County HRI would qualify 2067 Alameda Diablo for a Mills Act contract. If 2067 Alameda Diablo receives a Mills Act contract, there will be a reduction in the collection of property taxes for the subject property based on the calculations in the State Board of Equalization for use of assessing properties under the Mills Act. BACKGROUND: At the request of property owners, on November 30, 2016, the County Historical Landmarks Advisory Committee (HLAC) recommended that the Board of Supervisors designate the single-family residence located at 2067 Alameda Diablo as a historical resource and include it in the County's Historic Resources Inventory (HRI).The subject property, 2067 Alameda Diablo, is located within the boundaries of the Diablo Historic District. The Diablo Historic District was established and placed on the County's HRI by the Board in 2002. In a Design Review & Historic Assessment report dated August 31, 2016, prepared by architectural historian, Valerie Nagel, the residence has been assessed as a historic resource for its relevance within the Diablo Historic District. The residence was built in 1925 and is of the English Tudor Style of architecture. A design review application for an addition to expand the kitchen and living area and add a new bedroom to the residence is currently under review with the Current Planning Division of the Department of Conservation and Development. The proposed addition will be reviewed for consistency with the historical status of the residence and the Diablo Historical District. The property owner has also indicated that they would seek approval of a Mills Act contract for the building upon approval of the nomination of the residence onto the Historic Resources Inventory. Historical Landmarks Advisory Committee (HLAC) Recommendation: At the HLAC meeting held on November 30, 2016, the HLAC recommended that the Board of Supervisors include the single-family residence at 2067 Alameda Diablo in Diablo onto the County's HRI. According to the background information provided for the creation of the Diablo Historic District, 2067 Alameda Diablo is one of the building that contributes to the Diablo Historic District. According to the historical assessment prepared for this nomination, the building’s English Tudor Style remains intact. The previous alterations to the structure do not negatively impact its architectural value. The Design Review & Historic Assessment report prepared for the residence evaluated the proposed addition, and has concluded that the proposed development will follow the Secretary of the Interior Standards of the Treatment of Historic Properties and will further enhance the architectural integrity and preserve the resource. CONSEQUENCE OF NEGATIVE ACTION: If the building of historical significance is not designated and placed onto the County HRI then the subject property cannot qualify for a Mills Act contract. If the subject property cannot be approved for a Mills Act contract the restoration, rehabilitation, and maintenance of the building’s historical and architectural integrity would not be monitored and may not be maintained by current or future owners of the property. CHILDREN'S IMPACT STATEMENT: None. ATTACHMENTS Maps Architectural Plans Design Review & Historic Assessment for 2067 Alameda Diablo, Diablo February 7, 2017 Contra Costa County Board of Supervisors Minutes 1277 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1278 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1279 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1280 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1281 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1282 February 7, 2017Contra Costa County Board of Supervisors Minutes1283 February 7, 2017Contra Costa County Board of Supervisors Minutes1284 February 7, 2017Contra Costa County Board of Supervisors Minutes1285 February 7, 2017Contra Costa County Board of Supervisors Minutes1286 February 7, 2017Contra Costa County Board of Supervisors Minutes1287 February 7, 2017Contra Costa County Board of Supervisors Minutes1288 February 7, 2017Contra Costa County Board of Supervisors Minutes1289 February 7, 2017Contra Costa County Board of Supervisors Minutes1290 February 7, 2017Contra Costa County Board of Supervisors Minutes1291 February 7, 2017Contra Costa County Board of Supervisors Minutes1292 February 7, 2017Contra Costa County Board of Supervisors Minutes1293 February 7, 2017Contra Costa County Board of Supervisors Minutes1294 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1295 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1296 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1297 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1298 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1299 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1300 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1301 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1302 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1303 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1304 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1305 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1306 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1307 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1308 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1309 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1310 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1311 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1312 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1313 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1314 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1315 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1316 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1317 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1318 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1319 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1320 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1321 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1322 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1323 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1324 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1325 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1326 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1327 RECOMMENDATION(S): 1. APPROVE request of property owner to place 66 and 67 Stonecastle Court in the Alamo area onto the County Historic Resources Inventory; 2. ADOPT the recommendation of the Historical Landmarks Advisory Committee (HLAC) designating the Rosebrook House (single-family residence), the Garden House (accessory building), stone walls, outdoor kitchen area, pool, and pond of 66 Stonecastle Court in the Alamo area, and the Guest House (single-family residence) and stone walls of 67 Stonecastle Court in the Alamo area, as historical buildings and structures of significance; 3. REFER the designation to the Contra Costa County Historical Society for inclusion in the County Historic Resources Inventory (HRI); 4. DETERMINE that the proposed actions are categorically exempt from the California Environmental Quality Act (CEQA Regs, Section 15331, Class 31); and 5. DIRECT the Department of Conservation and Development to file a Notice of Exemption under CEQA with the County Clerk. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dominique Vogelpohl, (925) 674-7814 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 91 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 7, 2017 Contra Costa County Subject:Historical Designation and Placement of 66 and 67 Stonecastle Court onto the County Historic Resources Inventory (HRI). Alamo area. District II February 7, 2017 Contra Costa County Board of Supervisors Minutes 1328 FISCAL IMPACT: The applicant is responsible for application and processing costs for the nomination process. The historical designation and placement onto the County HRI would qualify 66 and 67 Stonecastle Court for a Mills Act contract. If 66 and 67 Stonecastle Court receive a Mills Act contract, there will be a reduction in the property taxes for the subject properties based on the calculations in the State Board of Equalization for use of assessing properties under the Mills Act. BACKGROUND: At the request of property owners, on November 30, 2016, the County Historical Landmarks Advisory Committee (HLAC) unanimously recommended that the Board of Supervisors designate as historical structures, and include into the County's Historic Resources Inventory (HRI), specific buildings and structures of the former Rosebrook estate located at 66 and 67 Stonecastle Court in Alamo. The structures to be designated include the main Rosebrook House, the Guest House, the Garden House, the exterior stone walls, the outdoor kitchen, the pool and the pond. All of the buildings and structures to be designated were designed by the same architect, Carr Jones. Both properties were part of Subdivision 7154, Stonecastle Estates, which was recorded on November 25, 1997, resulting in twenty-five separate parcels with 66 Stonecastle Court designated as Lot 9 and 67 Stonecastle Court as Lot 10. The properties are located within a Single-family Residential, Low-Density (SL) General Plan Land Use designation, and a Single-Family Residential (R-20) Zoning District. Upon placement of the structures onto the HRI, the property owner will submit a request for a Mills Act contract for the property which would reduce the property taxes for the property in exchange for restoration and maintenance of the historic resource. Historic Evaluation As part of the application submittal to the HLAC the owners of 66 and 67 Stonecastle Court commissioned a Historic Background & Evaluation report dated June 30, 2016, prepared by the architectural historian Caitlin Harvey. According to the evaluation, the Rosebrook House, Guest House, Garden House, and outdoor structures were designed and built by local architect Carr Jones. The buildings are an exemplary example of Storybook Style architecture and are one of only six Carr designs left in the County. Also, Carr’s use of the Storybook Style is considered as historic architectural influence. The Historic Background & Evaluation report finds these reasons to coincide with the Historical Landmarks Advisory Committee (HLAC) evaluation criteria in evaluating applications for nomination to the County HRI. Various exterior and interior alterations have been made to the buildings over the years. Despite past alterations, the Storybook Style is still prevalent in the structures, and Carr’s signature design features define the overall properties as a Carr original. The attached Preservation and Rehabilitation report describes how the proposed alterations identified in the 10-year rehabilitation program will restore the original integrity of the buildings and structures. The proposed exterior and interior alterations will enhance the integrity of the architectural style, address anachronistic elements of previous remodels, and implement more period appropriate materials and finishes. Historic Landmarks Advisory Committee (HLAC) Recommendation At the HLAC meeting held on November 30, 2016, the HLAC unanimously recommended that the Board of Supervisors include the Rosebrook House, the Guest House, the Garden House, stone walls, outdoor kitchen area, pond and pool (66 and 67 Stonecastle Court, Alamo) in the HRI. Their recommendation is warranted because the buildings and structures were designed and built by a noted local architect. The buildings’ and structures’ Storybook Style is unique and contains defining elements original to the architect. The integrity of the buildings and structures remains intact. The previous alterations do not negatively impact the site’s architectural value, and the proposed alterations will further enhance the architectural integrity and preserve the resources. CONSEQUENCE OF NEGATIVE ACTION: If the buildings and structures of historical significance are not designated and placed onto the County HRI then February 7, 2017 Contra Costa County Board of Supervisors Minutes 1329 If the buildings and structures of historical significance are not designated and placed onto the County HRI then the subject properties cannot qualify for a Mills Act contract. If the subject properties cannot be approved for a Mills Act contract the restoration, rehabilitation, and maintenance of the buildings’ and structures’ historical and architectural integrity would not be monitored and may not be maintained by current or future owners of the properties. ATTACHMENTS Maps & Architectural Plans Historic Background & Evaluation Report for 66 and 67 Stonecastle Court, Alamo February 7, 2017 Contra Costa County Board of Supervisors Minutes 1330 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1331 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1332 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1333 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1334 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1335 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1336 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1337 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1338 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1339 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1340 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1341 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1342 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1343 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1344 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1345 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1346 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1347 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1348 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1349 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1350 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1351 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1352 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1353 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1354 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1355 February 7, 2017 Contra Costa County 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Supervisors Minutes 1426 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1427 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1428 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1429 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1430 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1431 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1432 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1433 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1434 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1435 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1436 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1437 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1438 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1439 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1440 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1441 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1442 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1443 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1444 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1445 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1446 RECOMMENDATION(S): ACCEPT the Contra Costa County Historical Landmarks Advisory Committee (HLAC) 2016 Annual Report. FISCAL IMPACT: Approval of the 2016 Annual Report will not have a fiscal impact. However, this is an unfunded committee and the cost of providing staff support is absorbed by the Department of Conservation and Development. BACKGROUND: On December 13, 2011, the Board of Supervisors adopted Resolution No. 2011/497, which requires that each regular and ongoing board, commission, or committee annually report to the Board of Supervisors on its activities, accomplishments, membership attendance, required training/certification (if any), and proposed work plan or objectives for the following year. The attached report fulfills this requirement for the Historical Landmarks Advisory Committee (HLAC). CONSEQUENCE OF NEGATIVE ACTION: None. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dominique Vogelpohl, (925) 674-7814 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 90 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 7, 2017 Contra Costa County Subject:Historical Landmarks Advisory Committee (HLAC) 2016 Annual Report February 7, 2017 Contra Costa County Board of Supervisors Minutes 1447 ATTACHMENTS 2016 Advisory Body Annual Report February 7, 2017 Contra Costa County Board of Supervisors Minutes 1448 2016 ADVISORY BODY ANNUAL REPORT Advisory Body Name: Contra Costa County Historical Landmarks Advisory Committee (HLAC) Meeting Time/Location: Meets on a quarterly basis, the second Thursday of the month at 30 Muir Road, Martinez, at 2:30 PM Chair: Stephen Lawton Staff Person: Dominique Vogelpohl Department of Conservation and Development (DCD) Community Development Division (CDD) (925) 674-7814 Reporting Period: January 2016 – December 2016 I. Activities • CDD staff prepared a Mitigated Negative Declaration (MND) for the proposed demolition of 1726 El Nido, Diablo. CDD staff approved a demolition permit on July 21, 2016 per the determination provided by Michael Baker International’s Historical Resource Evaluation, and positive recommendation from the HLAC. • HLAC committee chair Stephen Lawton updated the Contra Costa County Historical Society (CCCHS) on the activities and work plan for the HLAC on February 10, and May 3, 2016. • The HLAC committee members participated in multiple informational lectures and workshops on historic preservation, and specific historic sites within the County. II. Accomplishments • The Historic Resources Inventory (HRI) has been updated to include the last three buildings/properties to receive approval from the Board of Supervisors to be included in the HRI. These buildings/structures are: The Bethel Island Fire Station at 3045 Ranch Lane in Bethel Island, the Eugene A. Bridgford House at 4090 Gateway Road in Bethel Island, and the former Diablo Country Club Clubhouse at 1926 Alameda Diablo in Diablo. • The HLAC nominated three separate properties (66 Stonecastle Court, Alamo; 67 Stonecastle Court, Alamo; 2067 Alameda Diablo, Diablo) to the Board of Supervisors to be included in the HRI. • The HLAC web site has been updated to include the updated HRI, a revised application and submittal requirements for nomination of a potentially historic resource and/or request for a Mills Act agreement, and a revised informational handout for the Mills Act. III. Attendance/Representation The five-member HLAC is comprised of four CCCHS members and the Deputy Director of the Department of Conservation and Development, Community Development Division. The August 11, 2016 scheduled meeting was cancelled due to a lack of discussion items, and the November 10, 2016 scheduled meeting was cancelled due to a lack of a quorum. A special February 7, 2017 Contra Costa County Board of Supervisors Minutes 1449 meeting was held on November 30, 2016 to discuss the items that were intended to be heard at the November 10 meeting. James Wright attended the first two meetings of the year. Melissa Jacobson was appointed by the Board of Supervisors on August 16, 2016 to take the Seat 1 position. Webb Johnson attended the first meeting of the year. Raymond O’Brien was appointed by the Board of Supervisors on April 26, 2016 to take the Seat 3 position. *New committee member IV. Training/Certification • HLAC committee member Melissa Jacobson received training certification for the Members of a County Advisory Body by watching the Brown Act and Better Government Ordinance video and the Ethics Orientation for County officials video. The certification was filed by the Clerk of the Board on December 5, 2016. • HLAC committee chair Stephen Lawton verified that all HLAC members are in compliance with the Brown Act and Better Government Ordinance, and the Ethics Orientation for County officials, certification requirements. V. Proposed Work Plan/Objectives for Next Year • Prepare standards/criteria to determine the historic significance of buildings within the Historic District of Diablo. • Obtain commitment and funding for a Historic Preservation Element for the upcoming General Plan update. • Obtain private sector support for the HRI updating efforts and proposed General Plan Element. • Develop a new Ordinance to enforce the Historic Preservation Element that emphasizes on Façade retention/preservation. • Implement greater protection measures for historic monument, plaque indicating John Marsh’s murder. Committee Member 2/11/16 5/12/16 8/11/16 11/10/16 11/30/16, Special Meeting James Wright, Seat 1 Present Present - - - *Melissa Jacobson, Seat 1 - - Cancelled Cancelled Present Stephen Lawton, Seat 2 Present Present Cancelled Cancelled Present Webb Johnson, Seat 3 Present - - - - *Raymond O-Brien, Seat 3 - Present Cancelled Cancelled Present Carol Jensen, Seat 4 Present Present Cancelled Cancelled Absent Aruna Bhat, Deputy Director, DCD Present Present Cancelled Cancelled Present February 7, 2017 Contra Costa County Board of Supervisors Minutes 1450 RECOMMENDATION(S): Receive the 2016 Annual Report submitted by the Knightsen Town Advisory Council, as recommended by Supervisor Diane Burgis. FISCAL IMPACT: None. BACKGROUND: On December 16, 2008, the Board of Supervisors adopted policies for Municipal Advisory Councils requesting all MAC's to submit annual reports. The report (attached) includes summaries of actions for 2016 and the 2017 objectives. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lea Castleberry, (925) 252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.105 To:Board of Supervisors From:Diane Burgis, District III Supervisor Date:February 7, 2017 Contra Costa County Subject:KNIGHTSEN TAC 2016 WORKPLAN February 7, 2017 Contra Costa County Board of Supervisors Minutes 1451 ATTACHMENTS Knightsen TAC 2016 Annual Report February 7, 2017 Contra Costa County Board of Supervisors Minutes 1452 1 The Knightsen Town Advisory Council serves as an advisory body to the Contra Costa County Board of Supervisors and the County Planning Agency. 2016 Annual Report to the Board of Supervisors Prepared by: Office of Supervisor Diane Burgis, Lea Castleberry Submitted by: Steve Ohmstede, Chairperson Activities and Accomplishments The primary goals of the Knightsen TAC in 2016 were to increase community awareness and participation at the monthly TAC meetings and to represent the community’s interests, concerns and voice for the Board of Supervisors. The TAC received informative presentations and provided thoughtful feedback on matters that impact Knightsen and look forward to receiving additional updates in 2017: • Mar: Larry Tolson, Contra Costa County Enforcement Officer regarding 2016 Code Enforcement Priorities List • Mar: Mark de la O, Contra Costa County Public Works regarding Knightsen Transportation Update • July: Abby Faitman, East Contra Costa Habitat Conservancy regarding East Bay Regional Park District project • Aug: Larry Tolson, Contra Costa County Enforcement Officer regarding 2016 Code Enforcement Priorities List The TAC’s activities and efforts have resulted in improvements and changes in 2016: • A successful Community Clean-Up Day was held May 7, 2016. The Brentwood Disposal Company donated dumpster bins and staff time for the event. The community cleanup was free of charge to all Knightsen residents. • Hosted the 4th Annual Knightsen Holiday Parade • Established Truck Traffic signs on Knightsen Ave. and Delta Road Knightsen Town Advisory Council Steve Ohmstede, Chair Supervisor Diane Burgis, District III Lea Castleberry, Deputy Chief of Staff 3361 Walnut Blvd., Ste 140 Brentwood, CA 94513 (925) 252-4500 Lea.Castleberry@bos.cccounty.us February 7, 2017 Contra Costa County Board of Supervisors Minutes 1453 Knightsen TAC 2016 Annual Report and 2017 Work Plan 2 • Completed railroad overlay asphalt project on Knightsen Ave. • Continuing to monitor Heritage Tree on Delta Road and annual maintenance • Continuing to promote and expand the Heart Safe Communities program • Continuing to work on reflective address signs throughout community • Continuing to work with the Sheriff’s Department, East Contra Costa Fire Protection District and California Highway Patrol on safety concerns within the Knightsen community. The TAC receives monthly reports from the following agencies: • California Highway Patrol – Officer Donnie Thomas • Contra Costa Sheriff’s Department – Tony Fontenot, Crime Prevention Specialist • East Contra Costa Fire Protection District – Fire Chief Hugh Henderson • Knightsen School – Superintedent Theresa Estrada • Office of Supervisor Diane Burgis – Lea Castleberry, Deputy Chief of Staff The TAC has become a place where Knightsen residents can receive updated information on services provided by Contra Costa County and/or other local agencies such as public health, safety, welfare, public works and planning. 2016 Membership Chair, Steve Ohmstede Vice Chair, Al Simas Councilmember, Kim Carone Councilmember, Linda Weekes Councilmember, Greg Williams Attendance in 2016 January – Councilmember Weekes Absent February – Councilmember Weekes Absent March – Councilmember Weekes Absent April – Councilmember Weekes Absent May – Councilmember Weekes Absent June – Councilmember Weekes Absent July – Councilmember Weekes Absent August – Councilmember Weekes Absent September – Meeting Cancelled October – Councilmember Weekes Absent November – Meeting Cancelled December – Councilmember Weekes and Councilmember Carone February 7, 2017 Contra Costa County Board of Supervisors Minutes 1454 Knightsen TAC 2016 Annual Report and 2017 Work Plan 3 TAC Work Plan and Objectives for 2017 The Knightsen TAC priorities for 2017 will continue to provide the community with the opportunity to communicate with the various County Departments. We will work to schedule pertinent and informative speak presentations at the monthly meetings. We will continue to work on items including: 1. Reflective Address Signs 2. Code Enforcement Priorities 3. Transportation Outreach 4. Public Safety Outreach The Knightsen TAC is scheduled to meet on the 4th Tuesday of the month at 7:00p.m. at the Knightsen Garden Club located at 3067 Knightsen Avenue. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1455 RECOMMENDATION(S): AUTHORIZE the Auditor-Controller to issue a warrant in the amount of $350,000 to the City of Martinez from the Park Dedication Trust Accounts listed below to help fund the development of new amenities and rehabilitation of existing facilities at the tot lot playground area of Martinez Waterfront Park. The project is located at North Court Street and Joe DiMaggio Drive in Martinez. Account Number Amount 420803190 $ 33,080 420831900 $ 22,610 275832002 $ 2,790 420832002 $196,450 420832004 $ 95,070 FISCAL IMPACT: No impact on the General Fund, 100% Park Dedication Trust Account. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kristine Solseng (925) 674-7809 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 93 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 7, 2017 Contra Costa County Subject:Martinez Waterfront Park Dedication Funds Authorization February 7, 2017 Contra Costa County Board of Supervisors Minutes 1456 BACKGROUND: The City of Martinez is in the design phase of a major renovation project of its Waterfront Park, one of the major projects identified by the residents of Martinez to be funded by Measure H. The Martinez Waterfront Park provides regional access to the residents of Contra Costa County to the Carquinez Straights through collaboration between the City of Martinez and East Bay Regional Park District. The key features in this park that will be improved and renovated are as follows: 1. Large group picnic area; 2. Tot lot play area (subject of this application); 3. New tot lot play area Restroom- 2 stall unisex building (subject of this application); 4. ADA pathway access; 5. Safety and security lighting; 6. Five lighted baseball/softball athletic fields; 7. ADA Restroom improvements at baseball /softball complex; and 8. Improved and additional parking development. The City of Martinez is seeking funding in the amount of $350,000 for the development of new amenities and rehabilitation of existing facilities at the tot lot playground area. The tot lot playground area is one of the focal points and most heavily used amenities within this regional facility. The majority of the funds ($236,000) will be for a unisex restroom next to the tot lot. Having a restroom within a safe proximity to the tot lot area will be a significant improvement for park users with young children. The remaining $114,000 will fund site improvements near the tot lot, including ADA parking stalls, ADA pathways, ADA picnic tables, other picnic area rehabilitation, existing playground equipment rehabilitation, improve play area drainage, and add new safety fiber surfacing. The project is anticipated to begin construction in April of 2017 and completed by March 2018. The remaining park improvements will be funded through the City of Martinez Measure H funding. The park will be maintained by City of Martinez staff, which includes a dedicated maintenance fund for the Waterfront Park. The City of Martinez has complied with the California Environmental Quality Act (CEQA) for the waterfront park improvements. A Mitigated Negative Declaration was prepared for the proposed improvements and a Notice of Determination was posted at the County Clerk on December 5, 2016. It is the policy of the County to utilize County park dedication funds to meet local and regional park needs. The Waterfront Park is a city park with a regional draw, including unincorporated residents, due to its proximity to the Carquinez Straights, Martinez Marina, and East Bay Regional Park District’s Radke Martinez Shoreline Park. The city park facilities are open to the public with no use fees associated with it. This particular area of the park is a focal point for families with young children. CONSEQUENCE OF NEGATIVE ACTION: Without the allocation of County park dedication funds, the City may not have the resources required to fully implement to proposed improvements to the Martinez Waterfront Park in a timely manner. CHILDREN'S IMPACT STATEMENT: The proposed improvements to the tot lot playground area at the Martinez Waterfront Park supports the following community outcome established in the Children’s Report Card: Communities that are safe and provide a high quality of life for children and their families. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1457 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Memorandum of Understanding #74-537 with Family Justice Center, a non-financial agreement, to allow the Behavioral Health Services Division to provide Older Adult Senior Peer Counseling services at the Family Justice Center, for the period from January 1, 2017 through December 31, 2017. FISCAL IMPACT: This is a non-financial agreement. BACKGROUND: The Behavioral Health Services Division’s (BHSD) Older Adult Mental Health Program’s Senior Peer Counseling Program trains and supervises older adult volunteers to work with seniors throughout Contra Costa County. Approval of this Memorandum of Understanding will allow BHSD to conduct its Older Adult Senior Peer Counseling Program services at the Family Justice Center sites in West and Central Contra Costa County, through December 31, 2017. This agreement includes mutual indemnification. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Belon, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: Tasha Scott, Marcy Wilhelm C.107 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Memorandum of Understanding #74-537 with Family Justice Center February 7, 2017 Contra Costa County Board of Supervisors Minutes 1458 CONSEQUENCE OF NEGATIVE ACTION: If this agreement is not approved, the seniors will not have access to these services at Family Justice Center sites in Concord and Richmond. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1459 RECOMMENDATION(S): Approve the list of providers recommended by Contra Costa Health Plan's Medical Director on December 29, 2016 and by the Health Services Director, as required by the State Departments of Health Care Services and Managed Health Care, and the Centers for Medicare and Medicaid Services. FISCAL IMPACT: Not applicable. BACKGROUND: The National Committee on Quality Assurance (NCQA) requires that evidence of Board of Supervisors approval must be contained within each Contra Costa Health Plan (CCHP) provider’s credentials file. Approval of this list of providers as recommended by the CCHP Medical Director will enable the CCHP to comply with this requirement. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, Contra Costa Health Plan’s Providers would not be appropriately credentialed and not be in compliance with the NCQA. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Tasha Scott, Marcy Wilhelm, Heather Wong C.102 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:New and Recredentialing Providers in Contra Costa Health Plan’s Community Provider Network February 7, 2017 Contra Costa County Board of Supervisors Minutes 1460 ATTACHMENTS December List February 7, 2017 Contra Costa County Board of Supervisors Minutes 1461 Contra Costa Health Plan Providers Approved by Medical Director December 29, 2016 CREDENTIALING PROVIDERS DECEMBER 2016 Name Specialty Arrillaga, Christopher, PsyD Mental Health Services Baltazar, Michelle, PT Physical Therapy Boe, Kathryn, OD Optometry Byrnes, Rebecca, RBT Behavior Analysis Chatterton-Kirchmeier, Sam, M.D. Primary Care Pediatrician Cheng, Jennifer, DO Infectious Disease Corey, Christina, M.D. Otolaryngology Ford, Margaret, M.D. Primary Care Internal Medicine Geniesse, Cheryl, BCBA Behavior Analysis Hall, LeAnn, BCBA Behavior Analysis Hernandez, Adriana, DPT Physical Therapy Levy, Meri, MFT Mental Health Services Lindsay, Rebecca, M.D. Family Planning Little, Jonathan, PA Mid-Level Surgery - General Lopez, Analia, LCSW Mental Health Services Malin-Roodman, Sarah, NP Mid-Level Family Planning Marshall, Hannah, BCBA Behavior Analysis Mayer, Steafnie, PT Physical Therapy Mobley, Andrew, DPT Physical Therapy Needleman, Brian, MFT Mental Health Services Noory, Farah, OD Optometry Oien, Azadeh, DPT Physical Therapy Pantaleon, Julie Ann, MA Behavior Analysis Petersen, Jacob, DPT Physical Therapy Petrick, Kristen, BCBA Behavior Analysis Purkey, Michael, M.D. Otolaryngology Rai, Ranvinder, M.D. Psychiatry Rymland, Emily, NP Mid-Level Infectious Disease Sharma, Pratibha, RBT Behavior Analysis Spurr, Douglas, M.D. Emergency Medicine Taribo, Dorcas, MFT Mental Health Services Taylor, Victoria, BCBA Behavior Analysis Trotta, Karla, DPT Physical Therapy Whisney, Erica, BCBA Behavior Analysis Wu, Serena, M.D. Primary Care Family Medicine/Psychiatry Yeo, Monica, BCBA Behavior Analysis February 7, 2017 Contra Costa County Board of Supervisors Minutes 1462 Contra Costa Health Plan Providers Approved by Medical Director December 29, 2016 Page 2 of 3 RECREDENTIALING PROVIDERS DECEMBER 2016 Name Specialty Bell, Jaromy, DC Chiropractic Medicine Dorrell, Sarah, Ph.D. Mental Health Services Fair, Naomi, MFT Mental Health Services Goldstein, Lawrence, M.D. Surgery – Vascular, Surgery – General Hsieh, Park L., O.D. Optometry Johnson, Lindsay, PT Physical Therapy Krishnan, Vidya, M.D. Psychiatry Lessenger, Leslie, Psy.D Mental Health Services Memmel, Lisa, M.D. Family Planning Nevarez, Carmen, M.D. Family Planning Seibert, Scott, M.D. Orthopaedics Shaffer, Carey, Psy.D Mental Health Services Vallamdas, Usha, M.D. Primary Care Pediatrician RECREDENTIALING ORGANIZATIONAL PROVIDERS DECEMBER 2016 Provider Name Provide the Following Services Location Premier Healthcare Services, LLC dba: Premier Healthcare Services, LLC Home Health Alameda ProHealth Home Care, Inc. dba: ProHealth Home Care, Inc. Home Health Walnut Creek Tom H. Piatt MD, Inc. dba: Inview Imaging Outpatient Diagnostic Imaging Center Lafayette Bopl-December 29, 2016 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1463 RECOMMENDATION(S): REFER the issue of Contra Costa County law enforcement participation and interaction with federal immigration authorities to the Public Protection Committee. FISCAL IMPACT: None. BACKGROUND: There has been growing public concern around the county, especially among immigrant communities, about the nature of local law enforcement interaction with federal immigration authorities. This concern has been increasing due to the current political environment and has impacted the willingness of residents of immigrant communities to access certain health and social services provided by community-based organizations. For example, the Executive Director of Early Childhood Mental Health has reported that a number of Latino families have canceled mental health appointments for their children due to concerns over being deported. It is timely and in the public interest to refer this issue to the Public Protection Committee. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Supervisor John Gioia (510) 231-8686 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 , County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 97 To:Board of Supervisors From:John Gioia, District I Supervisor Date:February 7, 2017 Contra Costa County Subject:REFERRAL TO PUBLIC PROTECTION COMMITTEE OF COUNTY LAW ENFORCEMENT PARTICIPATION AND INTERACTION WITH FEDERAL IMMIGRATION AUTHORITIES February 7, 2017 Contra Costa County Board of Supervisors Minutes 1464 RECOMMENDATION(S): ADOPT Resolution No. 2017/48 allowing the County to reimburse certain expenditures related to various countywide capital projects. FISCAL IMPACT: No fiscal impact associated with this action. This is a non- binding action that would allow the County to reimburse itself for costs associated with the subject project if the Board decides to issue bonds to finance the project at a future date. BACKGROUND: The County is currently planning capital improvements at various facilities throughout the County, including the replacement of the County Administration Building and Emergency Operations Center. The County's project costs are currently estimated to be $100 million. The Board may wish to consider financing the cost of the project with bonds at a future date. The reimbursement resolution includes an amount of $110 million to account for any potential unforeseen project costs that may arise in determining a final sizing of the bonds. This resolution would fulfill legal requirements to allow the county to reimburse itself with bond proceeds for certain costs incurred prior to a subsequent bond issuance. CONSEQUENCE OF NEGATIVE ACTION: Inability to reimburse expenditures that occur prior to bond sale. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Timothy Ewell, 925-335-1036 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.108 To:Board of Supervisors From:David Twa, County Administrator Date:February 7, 2017 Contra Costa County Subject:Reimbursement Resolution for Health Services Department Capital Projects February 7, 2017 Contra Costa County Board of Supervisors Minutes 1465 CHILDREN'S IMPACT STATEMENT: No impact. ATTACHMENTS Resolution No. 2017/48 Exhibit A to Reimbursement Resolution February 7, 2017 Contra Costa County Board of Supervisors Minutes 1466 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/07/2017 by the following vote: AYE: NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2017/48 RESOLUTION DECLARING THE OFFICIAL INTENT OF THE COUNTY OF CONTRA COSTA TO REIMBURSE CERTAIN EXPENDITURES FROM PROCEEDS OF INDEBTEDNESS WHEREAS, the County of Contra Costa (the "County") intends to acquire, construct and improve certain facilities for use by the County as described in Exhibit A hereto (the "Project"); WHEREAS, the County expects to pay, beginning February 7, 2017, 2016 and will pay, on and after such date, certain expenditures (the "Reimbursement Expenditures") in connection with the Project prior to the issuance of indebtedness for the purpose of financing costs associated with the Project on a long-term basis; WHEREAS, the Board of Supervisors of the County (the "Board") has determined that those moneys previously advanced no more than 60 days prior to the date hereof and to be advanced on and after the date hereof to pay the Reimbursement Expenditures are available only for a temporary period and it is necessary to reimburse the County for the Reimbursement Expenditures from the proceeds of one or more issues of tax-exempt obligations (the "Bonds") to be issued by or on behalf of the County; WHEREAS, the County reasonably expects the Bonds in an amount not expected to exceed $110 million will be issued, in one or more series, and that certain of the proceeds of such debt obligations will be used to reimburse the Reimbursement Expenditures; and WHEREAS, Section 1.150-2 of the Treasury Regulations requires the Issuer to declare its reasonable official intent to reimburse prior expenditures for the Project with proceeds of a subsequent borrowing; NOW, THEREFORE, BE IT RESOLVED BY the Board of Supervisors of the County of Contra Costa as follows: Section 1. The Board finds and determines that the foregoing recitals are true and correct. Section 2. This declaration is made solely for purposes of establishing compliance with the requirement of Section 1.150-2 of the Treasury Regulations. This declaration does not bind the County to make any expenditure, incur any indebtedness, or proceed with the Project. Section 3. The County hereby declares its official intent to use proceeds of indebtedness to reimburse itself for Reimbursement Expenditures. Section 4. This declaration shall take effect from and after its adoption. ____________________________ Chair of the Board of Supervisors County of Contra Costa, California Contact: Timothy Ewell, 925-335-1036 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: February 7, 2017 Contra Costa County Board of Supervisors Minutes 1467 February 7, 2017 Contra Costa County Board of Supervisors Minutes 1468 EXHIBIT A TO REIMBURSEMENT RESOLUTION Description of Projects 1. Acquisition, installation and construction of real and personal property, and the planning, design, legal, financing, permitting, environmental evaluation, equipment, construction and capital improvements to County facilities related to various departments including, but not limited to, the following:  County Administration Building and construction of parking structure (Martinez)  Emergency Operations Center/Public Safety Command Center (Martinez) February 7, 2017 Contra Costa County Board of Supervisors Minutes 1469 RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Unpaid Student Training Agreement #72-099 with Martinez Unified School District, for its Alhambra High School, an educational institution, to provide supervised field instruction for Contra Costa Regional Medical Center and Public Health Divisions for students interested in careers in health services, for the period from January 1, 2017 through December 31, 2019. FISCAL IMPACT: None. BACKGROUND: The purpose of this agreement is to provide students at Alhambra High School with the opportunity to integrate academic knowledge with applied skills at progressively higher levels of performance and responsibility. Supervised fieldwork experience for students is considered to be an integral part of both educational and professional preparation. The Health Services Department can provide the requisite field education, while at the same time, benefiting from the students’ services to patients. Under APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/07/2017 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dan Peddycord, 925-313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 7, 2017 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: Tasha Scott, Marcy Wilhelm C. 98 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:February 7, 2017 Contra Costa County Subject:Unpaid Student Training Agreement #72-099 with Martinez Unified School District February 7, 2017 Contra Costa County Board of Supervisors Minutes 1470 BACKGROUND: (CONT'D) Unpaid Student Training Agreement #72-099, Martinez Unified School District, Alhambra High School students will receive supervised fieldwork instruction experience at Contra Costa Regional Medical Center and the Public Health Division through December 31, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this agreement is not approved, the students will not receive supervised fieldwork instruction experience at Contra Costa Regional Medical Center and Contra Costa Health Centers. February 7, 2017 Contra Costa County Board of Supervisors Minutes 1471